One main role of
pharmacist today is to supervise a drugstore or pharmacy according to
his knowledge about drugs and his expertise to counsel patients about
their drugs. Because of this role, pharmacist is obliged to commit
his loyalty to one drugstore when his license is being registered for
the establishment's registration to FDA. FDA sets standards and
policies for compliance of drugstores and other establishments,
therefore, companies conforming to it through pharmacists'
intervention. Thus, pharmacists are being hired by establishments to
comply from the FDA's regulation, and to comply on laws abiding on
it.
When a pharmacist
is out of work or abandoning such responsibility on his registered
place of work, he is known to be ghost pharmacist. Being a ghost
pharmacist is a violation against the law. It is the dereliction of
one's work with engagement of other business or affair, that could be
directly or indirectly related to his main function. May be because
his career path is diverted and not into pharmacy profession but
other specific careers, so that his license is for leasing to make
an additional income to him.
Recently, Ms.
Yolanda Robles, Philippine Pharmacists Association (PPhA) executive
vice-president and former dean of the University of the Philippines
College of Pharmacy has reported that a survey made in Camanava
(Caloocan, Malabon, Navotas and Valenzuela) in October (2012) had
found out that 70 percent of drug stores there had no pharmacists at
the time of the visit, as it was conducted by head of the
Professional Regulatory Commission’s Board of Pharmacy. She also
said that “seventy percent had no pharmacist present while while
100 percent had `certificates.’ But pharmacists should be present
at all times”. Additional to what she said, when these areas are
prone of having ghost pharmacists, even much more rampant and worst
would it be in the provinces where the the drugstores there are
unregistered or no pharmacist. They are like ordinary stores. She
included that FDA does not have enough manpower to evaluate and
target those drug establishments that do not have license or
pharmacist.
According
to the RA No. 5921 (Pharmacy Law),
Section 40.
Penal provisions.
Any person who shall violate any of the provisions ... of this Act or
any person who shall make false
representation to procure a registration certificate as pharmacist
for himself or for another; or
any person who shall allow anyone
in his employ who is not a registered pharmacist to engage in the
practice of pharmacy; or any
person who shall falsely display within the establishment the
certificate of registration of a pharmacist who is not actually and
regularly employed therein as such or to act as a dummy for any alien
or an unqualified person for the purpose of opening and operating a
retail drugstore; shall,
upon conviction thereof,
be sentenced to a fine of not less
than one thousand pesos but not exceeding four thousand pesos
or to an imprisonment of not less
than six months and one day but not more than four years,
in the discretion of the court.
Unfortunately, the fine is too small
and can be paid easily, but unless the fine is imprisonment that
would be a real and heavy punishment.
For now, the setting would be still
like that, and the ghost pharmacists are still invincible, but there
would come a time that this battle against their realm shall be
conquered. I believe that the Board of Pharmacy, PPhA, the FDA and
the law are engaging for a better regulation to stop this business.
Some reasons, the Board of Pharmacy is making a step to find the
real problems about the pharmacy settings in the Philippines,
especially on the drugstores and outlets with the support of PPhA,
and advocating for a creation of good law. The FDA also is trying its
best to add up manpower to inspect the drug establishment, to correct
them and to penalize those who are deviant and perpetrators. I hope
the legislative would pass a good law that would complement to the
real resolution to this problem and other issues that are facing by
pharmacy profession.
I would appeal also to my colleagues to
counsel and encourage their colleague friends to stop engaging to
this type of business that continuously destroying the integrity and
discipline of our profession. We must be loyal to one work only and
know our ethics, if ever sideline would come I hope it would not
associate anymore to your profession nor related anymore to pharmacy
profession. It is our action that makes the community thinks about
our profession – being only salesclerk - that we do not want to be
happened.
I am also appealing to the consumers to
be vigilant and ask the pharmacy's or drugstore's pharmacist is
he/she is available or present. If the pharmacist is not there,
report it to the nearest Center for Health Development or in FDA or
in Board of Pharmacy to reprimand him/her.