CHAPTER 311
PHARMACY ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
ESTABLISHMENT OF THE COUNCIL

   3.   Establishment of the Pharmacy Council.

   4.   Functions and powers of the Council.

   5.   The Pharmacy Committee and its composition.

   6.   Disciplinary Committee and its composition.

   7.   Establishment of Committees.

   8.   Meetings of Committees.

   9.   Funds and resources of the Council.

   10.   Remuneration of the members of the Council.

   11.   Appointment of the Registrar and his responsibilities.

   12.   The Secretariat.

PART III
REGISTRATION, ENROLMENT AND LISTING OF PHARMACEUTICAL PERSONNEL

   13.   Examination and qualifications.

   14.   Registers of Pharmacists.

   15.   Registration.

   16.   Provisional registration.

   17.   Temporary registration.

   18.   Certificate of registration.

   19.   Restriction on use of title.

   20.   Application for retention in the Register.

   21.   Publication of registered particulars.

   22.   Roll of Pharmaceutical Technicians.

   23.   Enrolment of Pharmaceutical Technicians.

   24.   Certificate of enrolment.

   25.   Application for retention in the Roll.

   26.   Publication of enrolled persons.

   27.   List of Pharmaceutical Assistants.

   28.   Enlisting of Pharmaceutical Assistants.

   29.   Certificate of Enlisting.

   30.   Application for retention in the List.

   31.   Publication of enlisted particulars.

   32.   Publication as sufficient evidence of registration, enrolment or listing.

   33.   Registrar may call for information.

PART IV
OFFENCES AND PENALTIES

   34.   Penalties for professional misconduct.

   35.   Offences.

PART V
MISCELLANEOUS PROVISIONS

   36.   Liability of members of the Council, etc.

   37.   Power to delegate.

   38.   Regulations.

   39.   Rules of the Council.

   40.   Savings.

SCHEDULE

CHAPTER 311
THE PHARMACY ACT

An Act to establish the Pharmacy Council and to provide for the functions, management and control of the pharmacy profession and for related matters.

[1st July, 2003]
[G.N. No. 158 of 2003]

Act No. 7 of 2002

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Pharmacy Act.

2.   Interpretation

   In this Act, unless the context otherwise requires–

   "Certificate" means a certificate issued to a Pharmacist,Pharmaceutical Technician, Pharmaceutical Assistant or any other certificate issued under this Act;

   "certificate of enlisting" means the certificate issued to a Pharmaceutical Assistant under section 29 of this Act upon being enlisted by the Council;

   "certificate of enrolment" means the certificate issued to a Pharmaceutical Technician under section 24 of this Act upon being enrolled by the Council;

   "certificate of registration" means the certificate issued to a Pharmacist under section 18 upon being registered by the Council;

   "Committee" means any committee established under section 7 of this Act;

   "Council" means the Pharmacy Council established by section 3 of this Act;

   "List" means a List maintained under section 27 of this Act;

   "member" means a person appointed to be a member of the Pharmacy Council and includes the Chairman and Vice-Chairman;

   "Minister" means the Minister for the time being responsible for matters relating to health and medical services;

   "Pharmaceutical Assistant" means a person enlisted under section 28 of this Act;

   "Pharmaceutical Technician" means a person enrolled under section 23 of this Act;

   "Pharmacist" means a person registered under section 14 of this Act;

   "Register" means a register maintained under section 14 of this Act;

   "Registrar" means the registrar of the Council appointed under section 11 of this Act;

   "Roll" means a roll maintained under section 22 of this Act.

PART II
ESTABLISHMENT OF THE COUNCIL (ss 3-12)

3.   Establishment of the Pharmacy Council

   (1) There is hereby established a Council to be known as the Pharmacy Council.

   (2) The Council shall be body corporate and shall–

   (a)   have perpetual succession and an official seal;

   (b)   in its corporate name be capable of holding, purchasing or otherwise acquiring in any other way any movable property or immovable property and disposing of any of its property; and

   (c)   have power to borrow such sums as it may require for its purpose.

   (3) The Schedule to this Act shall have effect as to appointment of members to the Council, constitution, procedure and other matters relating to the Council.

   (4) The Minister may on advice of the Council by order published in the Gazette, amend, vary or replace all or any of the provisions of the Schedule to this Act.

4.   Functions and powers of the Council

   The Council shall be the sole authority for registering, enrolling and listing of all Pharmacists, Pharmaceutical Technicians and Pharmaceutical Assistants respectively, and shall in addition perform the following functions–

   (a)   regulate and set the standards of conduct and activities of Pharmacists, Pharmaceutical Technicians and Pharmaceutical Assistants;

   (b)   regulate the standards and practice of the profession of Pharmacy;

   (c)   promote interest in, and the advancement of, the profession of pharmacy;

   (d)   evaluate academic and practical qualifications of Pharmacists, Pharmaceutical Technicians and Pharmaceutical Assistants for the purposes of registration, enrolment, or listing under this Act;

   (e)   foster co-operation between the Council and other institutions or organizations, whether or not concerned with the profession of pharmacy;

   (f)   monitor and ensure the proper collection of fees payable under this Act;

   (g)   keep and maintain registers, rolls and lists for the registration, enrolment and listing of Pharmacists, Pharmaceutical Technicians and Pharmaceutical Assistants respectively;

   (h)   remove any name from the Register, Roll, List or, subject to such conditions as the Council may impose, restore it thereto;

   (i)   approve of institutions and curriculum for the training of Pharmacists, Pharmaceutical Technicians and Pharmaceutical Assistants;

   (j)   consider any matter affecting the profession of pharmacy and take such action in connection therewith as the Council considers necessary;

   (k)   carry out such other functions as may be conferred upon the Council by any written law or as are incidental to the performance of its functions under this Act.

5.   The Pharmacy Committee and its composition

   (1) There shall be established a Committee to be known as the Pharmacy Committee whose function shall be to prescribe and evaluate qualifications for registration, enrolment and enlisting under this Act and making recommendations to the Council.

   (2) The Pharmacy Committee shall consist of a Chairman to be appointed from amongst the members of the Council and four other members to be appointed by the Council.

6.   Disciplinary Committee and its composition

   (1) There shall be a Disciplinary Committee whose function shall be to conduct preliminary investigation into any case where it is alleged that a registered, enrolled or enlisted person has misbehaved in his capacity as a Pharmacist, Pharmaceutical Technician, or Pharmaceutical Assistant, or should for any reason be the subject of proceedings before the Council.

   (2) The Disciplinary Committee shall consist of a Chairman nominated from amongst members of the Council and four other members one of whom shall be a legally qualified person from the Attorney-General's Chambers.

7.   Establishment of committees

   (1) The Council may establish any number of other committees to carry out any special or general functions determined by the Council and may delegate to any such committee such function as the Council may deem fit and necessary.

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