Minister’s ‘largesse’ hits efforts against errant chemists

Though the model code of conduct is in force, Food and Drugs Administration (FDA) Minister Satej Patil has got special permission from a state panel to grant stay orders to chemists whose licences have been suspended or cancelled.

Patil’s move has, however, not gone down well with FDA officials, who say it nullifies the effort they put into nailing the chemists for irregularities.

Since March 5, when the model code of conduct came into force, the applications of over 200 city chemists, seeking to stay the suspension or cancellation of their licences, have been pending. “The permission to issue stay orders was granted on Friday and the applications will now be disposed one after another,” said Anil Navandar, secretary of the Maharashtra State Chemists and Druggists Association (MSCDA). According to Navandar, MSCDA had written to the minister that issuing the stay orders is a process of justice and that it should not be halted because of the model code of conduct.

FDA authorities routinely suspend and cancel licences of chemists who are found functioning with irregularities, such as dispensing drugs without qualified pharmacists or proper prescriptions, not maintaining records and bills, and so on.

“These routines checks take a lot of effort. We often pose as customers to catch the chemists. Also, there is lot of paperwork involved in suspending and cancelling licences,” said a senior FDA official.

If a chemist’s licence is suspended or cancelled, he has to appeal to the FDA minister to obtain a stay. According to a member of a chemists’ association, obtaining a stay from the minister is a very simple process. “The minister does not even conduct any hearings before granting a stay. This nullifies the efforts of FDA drug inspectors,” he said.

Since March 2013, over 4,700 chemists’ licenses have been cancelled, including 790 in Mumbai. “Not a single chemist has been denied a stay by the minister. While we are trying to bring discipline in the functioning of chemists, the minister has been issuing stay orders,” said an FDA official.

While a licence suspension means that the chemist has to shut shop for a specified period, cancellation means he must surrender his licence and shut shop indefinitely. “With everyone getting stay orders, suspension or cancellation do not hold meaning any more,” the official said.