Unit-5 Pharmaceutical Legislation

 


An Introduction to various Pharmaceutical Legislations

India has a long history of different systems of medicine followed in the country 
        A- Ayurvedic system of medicine is very ancient in India and is followed even now. 
        B- Unani or Tibbi system of medicine was introduced in India by Muslim Rulers                     during 12th – 13th centuries.
        C- Homeopathic system of medicine was introduced in India during 16th and 17th                 century by Portuguese rulers in India.
         D- The Modern or so called Allopathic system of medicine was introduced by British           Rulers by late 19th and early 20th century.

    However there were no strict acts or Rules and Regulations over the import or export, manufacture and sale of drugs under any of these types of medicines until the early 20th century which had resulted in a large number of adulterated, misbranded, substandard and spurious drugs either imported or manufactured and sold in the country. 

        1) The earliest known Act is ‘Opium Act‘of 1857 which was further amended in 1878. This Act was meant for mainly controlling the interstate and international smuggling of Opium to prevent its abuse though it is also used for medicinal purpose (this Act is now deleted). 
        2)Poisons Act’ of 1919 was implemented to prevent and control the misuse of different types of poisons meant for destroying or killing household insects, pests, and also agricultural insects instead started being used for committing crimes, suicides, etc.. 
        3) ‘Dangerous Drugs Act’ of 1930 - This Act was implemented by the Central Government to include ‘Opium’, ‘Coca’ and ‘Hemp’ or ‘Cannabis’ to prevent and control the abuse and illicit trafficking or interstate or international smuggling of these drugs for recreational purpose at a very high price rather than using them for medicinal purpose (this act is also deleted now). 
        4) N.D.P.S Act or Narcotic Drugs and Psychotropic Substances Act 1985 – This Act was implemented by the Central Government in 1985 in order to include all three types of narcotic drugs namely ‘Opium’, ‘Coca’ and ‘Hemp’ but also to include a number of naturally and synthetically produced psychotropic substances meant for the treatment of Psychiatric Disorders or illnesses which were also started being abused for producing hallucinogenic affect (a temporary sense of wellbeing) thereby deleting the earlier ‘Dangerous Drug Act’ of 1930. Stringent Rules and Regulations with severe punishment for offences were included in this Act.
        5) Drugs And Cosmetics Act 1940 and its rules 1945 – When Allopathic system of medicine (modern system) was introduced in India by British Rulers in the late 19th and early 20th century (approximately by 1880 – 1920), the medicines used in this system for the prevention and treatment of a large number of diseases like malaria, typhoid, cholera, plague, etc. prevailing in those days could cure them quickly and thereby this system became very popular and demand for such medicines increased to a great extent by the public. This demand led to the import or manufacture and sale of a large number of adulterated, spurious, misbranded and substandard drugs in the country. Unfortunately there were no strict rules and regulations to curb or prevent such illegal activities in India unlike western countries where there were already stringent rules over the manufacture and sale of drugs. In the mean time, the then British Government was forced to constitute a committee under the chairmanship of Colonel R.N Chopra in 1930 which was named as ‘Drugs Enquiry Committee’ to look in to the matter and report the same to the Central Government. Accordingly the Drugs enquiry Committee carried out a thorough survey throughout the country and submitted its report in 1931. The report clearly stated the following points :-

        A- The entire country is flooded with all sorts of substandard, adulterated and spurious         drugs.
        B- The majority of the doctors were quacks.
        C- The drugs are distributed and sold by unqualified pharmacists.
        D- There is a strong need for an Act to be implemented with strict rules and regulations         over the import and export, manufacture, distribution and sale of drugs.
        E- There is also a strong need for a separate act to be implemented for uniform                    education and training for would be Pharmacists including their registration
Accordingly the Central government implemented The Drugs and Cosmetics Act in 1940 and its rules in 1945 which not only included all the systems of medicines i.e. Allopathic, Ayurvedic, Unani and Homeopathic systems of medicines but also cosmetics under the said act.
        6) Drugs Price Control Order 1966, 1970, 1979, 1987, 1995, 2011, 2013, 2020 – When the ‘Drugs and Cosmetics Act’ was implemented in 1940 there was no cap or control over the wholesale and retail prices for bulk drugs and finished drugs meant for sale. This loophole in the Act was misused by many importers and manufacturers of drugs thereby leading to a huge increase in the prices of drugs sold in the market with a huge/high profit margin (100% – 500%) for mainly importers and manufacturers and partly for wholesale and retail dealers also, thereby making it almost impossible for a common man to purchase high cost drugs. This unhealthy and unethical practice by the importers and manufacturers forced the central government to implement ‘The Drugs Price Control Order’ first in 1966 which has been amended several times as mentioned above and a large number of drugs and medical devices were included in this order so that these are supplied at a reasonable price to the customers/patients. 
            7) Pharmacy Act 1948 – As mentioned under ‘The Drugs Enquiry Committee’ report of 1931 that there is a strong need for providing proper education and training for the pharmacists and also to provide registration of such duly qualified pharmacists, a separate act is needed to be implemented, the Central Government accordingly implemented The Pharmacy Act in 1948 to provide uniform education and training including their registration and also to regulate and recognise the institutions providing pharmacy education. 
            8) Drugs and Magic Remedies Act 1954 (D.M.R Act) or Objectionable Advertisements Act – This Act was implemented by the Central Government in the year 1954 in order to curb/prevent unhealthy/unethical practice of advertising and prescribing certain types of ‘drugs’ and ‘magic remedies’ which falsely claim to possess a miraculous/magical power of curing any type of diseases (which is unfortunately very common even now in India by quack doctors, manthriks, tantriks, etc.) 
        9) Excise Duties Act 1955 or Medicinal and Toilet Preparations Act (M and T.P Act) – This Act was implemented by the Central Government in 1955 to prevent the misuse of alcohol and narcotic substances supplied for the manufacture and sale of drugs and cosmetics at a subsidised price or with total exemption of excise duty for certain drugs under this act with strict rules and regulations and severe punishment for offences.
        10) Medical Termination of Pregnancies Act 1971 (M.T.P Act) – This Act was implemented by the Central Government for providing termination of unwanted pregnancies legally due to various reasons like failure of contraceptives or negligence during family planning or due to rape etc. with certain rules and regulations prescribed under this act for the termination of pregnancy in women.
       11) Prevention of Cruelty to Animals Act 1970 – This act was implemented for preventing unnecessary use of animals for experimental purpose and also to prevent unnecessary infliction of pain to animals during their use for experiments or research and to take care of them properly. Accordingly various guidelines have been prescribed for using animals under this Act. 
       12) Indian Patents Act or Intellectual Property Rights Act 1970 - This Act was implemented by the Central Government by making provisions for getting a patent or invention to be registered by any individual or a company who might have invented a new drug and wants to get it patented or registered in his/company’s name only, so that others don’t claim a right over such a patented or invented drug. 
      13) Code of Pharmaceutical Ethics is framed by the Pharmacy Council of India (P.C.I.) which is also known as Code of Moral Principles to be followed by a pharmacist in his career. Such moral principles to be followed by a pharmacist include :-
        A- How a Pharmacist should behave himself in relation to his job
        B- How he should behave himself with relation to his trade.
        C- How he should behave himself in relation to medical profession and
        D- How he should behave himself in relation to his own profession.
Though these ethics are not covered by a legal act, it is the moral principles which are required to be followed by a pharmacist as expected by P.C.I in specific and as expected by public in general.
        14) Other than the above mentioned acts, rules and regulations, etc. a pharmacy student is also expected to learn a lot of information provided under ‘New Drug Policy’ of 1986, 1991, 1996, etc. and the ‘Pharmaceutical Industries Policy’ of 2012 framed by the central government in order to have a greater understanding of how the Central Government is also encouraging the ‘Pharmaceutical Sector’ which is growing rapidly in India with a huge market potential both in India and abroad. India had a market share of hardly Rs.10 crores worth of drugs in 1947 which has now grown to a staggering Rs.1,00,000 crores in domestic market and at least another Rs.50,000 crores worth of drugs exported to other countries by 2020.

 Drugs Enquiry Committee

When it was brought to the notice  of Central Government by eminent 
personalities and NGO’s that the country was flooded with all sorts of  
adulterated, spurious and misbranded drugs throughout the country during  
the early stages of 20th century, the then British Government was forced to  
constitute a committee and named it as Drugs Enquiry Committee under the  
chairmanship of Lt. Cl. R.N. Chopra in 1929 to carry out a survey on the drugs  
and pharmaceuticals imported, manufactured and sold in India. Accordingly  
after an extensive study and survey throughout the country, the Chopra  
Committee submitted its report in 1931 and recommended the following  
important steps to be taken by the Central Government:-
1) To implement a Central Act to control the import, manufacture and sale  
of drugs in India including establishment of Central Drugs Testing  
Laboratories for ensuring the quality and standard of Drugs including  
establishment of Drugs Technical Advisory Board, Central Drugs Control  
Department and State Drugs Control Department for the efficient  
implementation of the Act. Accordingly the Drugs and Cosmetics Act was  
implemented in 1940.
2) To implement a Central Act for providing uniform education and training  
in pharmacy for such candidates to enable them to be qualified  
pharmacists and accordingly provide registration for such qualified  
pharmacists as “Registered Pharmacists”. Accordingly the Pharmacy Act  
was implemented in 1948.
3) To register every drug or medicine imported or manufactured in India.
4) To encourage development of Drugs and Pharmaceutical Industries in  
India.
5) To prepare and publish our own Pharmacopia in the name Indian  
Pharmacopia.
Accordingly almost all the recommendations of the committee have been  
fulfilled by the Government of India.

Health Survey and Development Committee (Bhore Committee)

A lot of complaints were received by public and eminent personalities about 
the existing poor Healthcare Delivery System in India during 1940s and to take  
necessary steps to improve the Healthcare Delivery System so as to save the  
lives of millions of people. Accordingly the then British Government appointed  
a committee under the chairmanship of Sir Joseph Bhore to carry out a  
thorough survey of the existing Healthcare Delivery System in India at that  
time. Bhore Committee made an extensive survey as mentioned above and  
made the following recommendations to the Central government:-
1. Integration of preventive and curative services at all administrative  
levels.
2. Development of Primary Health Centres in 2 stages:
a) Short-term measure – one Primary Health Centre was suggested for a  
population of 40,000. Each PHC was to be manned by 2 doctors, one  
nurse, four public health nurses, four midwives, four trained dais, two  
sanitary inspectors, two health assistants, one pharmacist and fifteen  
other class IV employees. The first was established in 1952.  
Secondary health centres were also envisaged to provide support to  
PHCs, and to coordinate and supervise their functioning.
b) A long-term programme (also called the 3 million plan) of setting up  
primary health units with 75 – bedded hospitals for each 10,000 to  
20,000 population and secondary units with 650 – bedded hospital,  
again regionalised around district hospitals with 2500 beds.
3. Major changes in medical education which included 3 months training in  
preventive and social medicine to prepare "social physicians".
4. Abolition of the Licentiate in Medical Practice (etc) qualifications and  
their replacement by a single national standard Bachelor of Medicine  
and Bachelor of Surgery (MB BS) degree.
5. Creation of a major central institute for post-graduate medical education  
and research which was achieved in 1956 with the All-India Institute of  
Medical Sciences (AIIMS).
6. Major changes in nursing, pharmacy and other paramedical courses to  
deliver healthcare properly and the best quality drugs to be supplied at  
free of cost or at very reasonable prices to the poor patients.

Implementation

The proposals of the committee were accepted in 1952 by the government of  
newly independent India. Though most of the recommendations of the  
committee were not implemented at the time, the committee was a trigger to  
the reforms that followed with a tremendous improvement in Medical,  
Nursing and Pharmacy Education which in turn helped in providing proper  
Healthcare Service to millions of people in India. 

Mudaliar Committee

This committee known as the “Health Survey and Planning Committee”,  
headed by Dr. A.L. Mudaliar, was appointed to assess the performance in  
health sector since the submission of Bhore Committee report. This committee  
found the conditions in PHCs to be unsatisfactory and suggested that the PHC,  
already established should be strengthened before new ones are opened  
Strengthening of sub divisional and district hospitals was also advised. It was  
emphasised that a PHC should not be made to cater to more than 40,000  
population and that the curative, preventive and promotive services should be  
all provided at the PHC. The Mudaliar Committee also recommended that an  
All India Health service should be created to replace the erstwhile Indian  
Medical service.
The committee also recommended strengthening of existing primary health  
centres; community health centres and district hospitals so that they can act as  
good referral centres accordingly to appoint sufficient number of qualified  
doctors, nurses, pharmacists and other paramedical personnel in all these  
hospitals.
Though most of the recommendations of the Mudaliar Committee have been  
implemented by the Central and State Governments, we are still far behind the  
expected goal of providing better healthcare service especially to the poor and  
needy people.

Hathi Committee

In the context of large-scale expansion of the drugs and pharmaceuticals  
industry, with a view to ensuring the regulated and rapid growth of drug  
manufacture and further with a view to ensuring that all essential drugs are  
made available to the consumers at reasonable prices, Government  
constituted a Committee in February, 1974. This committee consists of 15  
members under the chairmanship of Mr. Jaisukhlal Hathi, which had Members  
of Parliament along with officials and non-officials as members, to enquire into  
various facets of the drugs industry in India. The terms of reference included  
progress made and status achieved by the industry, role of public sector,
growth of indigenous industry, including the small scale, technological  
requirements, quality control measures, pricing of drugs etc. Almost all the  
aspects of the drugs and pharmaceutical industry were critically examined by  
Hathi Committee with a view to achieve self-sufficiency and to serve the  
national interest.
The report of this committee which was submitted in 1975 covered all aspects  
of Drugs and Pharmaceuticals in India ranging from import, manufacture, sale,  
licensing, quality control and the role of Foreign Sector in the Pharmaceutical  
Industries. The report was an important landmark in the development of  
Pharmaceutical Industries in India leading to sufficient supply and availability  
of all the drugs including Essential and Lifesaving medicines of best quality on a  
continuous basis at controlled prices in the interest of the consumer. The  
Licensing and Approval procedures were also simplified and hence we are  
almost self-sufficient in the manufacture and supply of drugs as of today.

List of Notified Medical Devices in India 

Examples: - Blood Bag Sachets, Platelet Storage Containers, Breast Implants, 
Heart Valves, Balloon Catheters, Cannulas, Angioplasty Stent,  
Pacemakers, Condoms, Copper-T, Artificial Dentures, Hearing Aids,  
Blood Testing Apparatus, Bandages, Eye-Drops, Contact Lens, Lens, Bone  
Cement, Bone Substitute, Bone Screws, Knee Replacement Devices, Hip  
Implants, Knee Implants, Elbow Implants, Joint Implants, Cervical Plates  
and Discs, Disposable Syringes and Needles, Blood Transfusion Set,I-Flow  
Regulators, Dialysis Equipments, Surgical Tapes, Surgical Dressings,  
Sutures and Ligatures

List of Notified Diagnostic Medical Devices in India  

Examples:- Testing Reagents, Reagent products, Calibration Materials, Testing  
Control operators, Kits intended for use in the examination of specimen  
samples taken from human body like tissue, blood, urine etc. to diagnose  
diseases or monitor a person’s state of health. Ultrasound and MRI Machines,  
PET and CT Scanners, X-Ray Machines etc..

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