| (1) |
Subject to the provisions of subsection (3), any person who, not being registered as a pharmacist— |
| (a) |
for gain practises as a pharmacist, or carries on business as a pharmacist or for gain performs any act specially pertaining to the profession of a pharmacist; or |
| (b) |
pretends, or by any means whatsoever holds himself out, to be a pharmacist (whether or not he purports to be registered), or uses the name of pharmacist or any name, title, description or symbol indicating or calculated to lead persons to infer that he possesses a degree or diploma or other pharmaceutical qualification or that he is registered under this Act, or in describing his business activities or premises uses the term "pharmacy" or "chemist's shop" or "drug store" or any other term of like meaning, |
shall be guilty of an offence and on conviction liable to a fine not exceeding the amount determined by the Minister in consultation with the Minister of Justice from time to time by notice in the Gazette.
| (2) |
The acts prescribed in terms of section 35A (a) (i) shall for purposes of subsection (1) be deemed to be acts specially pertaining to the profession of a pharmacist. |
| (3) |
The provisions of subsections (1) and (2) shall not prohibit- |
| (a) |
the keeping of medicines or the supply of medicines to his or her own patients or clients by any medical practitioner, dentist, practitioner, veterinarian or nurse in accordance with the provisions of the Medicines and Related Substances Control Act, 1965; |
[Section 29(3)(a) amended by section 18 of Act No. 10 of 2002]
| (b) |
the employment under the supervision of a pharmacist— |
| (i) |
of a pharmacist intern in the pharmacy in which he is undergoing his practical training; |
| (c) |
the manufacture or packing of any medicine or medicinal or chemical substance by a person referred to in subsection (4), by virtue of a permit granted in terms of that subsection; |
| (d) |
the handling of medicines or the supply of medicines to members of the armed forces, under the supervision of a medical practitioner or pharmacist, by members of the medical service of the armed forces provided such members of the said medical service have undergone training therein; |
| (e) |
the keeping of medicines and its supply to patients in hospitals or other institutions for the treatment of sick persons, under the direction of a medical practitioner and in accordance with the provisions of the Medicines and Related Substances Control Act, 1965, by any person registered or enrolled under the Nursing Act, 1957 (Act 69 of 1957); |
| (f) |
the keeping of medicine and its supply by any person or organization performing a health service and authorized in writing by the Director-General acting after consultation with the council, to acquire medicines for the performance of such service. |
| (4) |
The Minister may in consultation with the council grant any person not registered in term of this Act authority to perform a service specially pertaining to the scope of practice of a pharmacist, or in writing exempt any person from the provision of this Act, on such conditions as he or she may determine. |
| (5) |
If he or she is of the opinion that it is in the public interest to do so, the Director-General may, pending the Ministers' decision in respect of an application for a authorisation referred to in subsection (4), grant a provisional authorisation to the applicant concerned, authorising him or her to manufacture, pack or sell any medicine or medicinal or chemical substance specified in such provisional authorisation, subject to such conditions to be determined by the said Director-General and set out in the provisional authorisation. |
South African Institute for Drug Free Sport Act, 1997
