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Pharmacy Act, 1974 (Act No. 53 of 1974)

Chapter VI : General and Supplementary Provisions

49. Regulations

 

(1) The Minister may, in consultation with the council, make regulations relating to—
(a) the practice of pharmacy, the conduct of the business of a pharmacist, the tariff of fees payable to a pharmacist in respect of professional services rendered by him and the trading activities of a pharmacist, including the goods or class of goods in which the pharmacist may not deal on the premises where the business of a pharmacist is conducted;
(b) the manner in which the business of the council shall be conducted, the procedure to be followed at meetings of the council or committees of the council, and the manner in which the minutes of such meetings shall be kept;
(c) the manner in which the accounts of the council shall be kept and money accruing to the council shall be disposed of;
(d) any fees payable under this Act;
(e) the conditions of service of officers appointed by the council;
(f) the forms of the registers, certificates, forms and documents to be kept, issued, completed or compiled in terms of this Act;
(g) the information to be furnished to the registrar by pharmacists, including pharmacists who are owners or managers of pharmacies or directors of bodies corporate or members or managers of corporations carrying on business in the Republic as pharmacists;
(h) the registration by the council of pharmacy students studying at any university or at any pharmacy school or other institution approved by the council;
(i) the standards of general education required of such students as a condition precedent to registration as a pharmacy student;
(j) the minimum requirements of the curriculum and the duration of the course of study for a degree or diploma in pharmacy;
(k)
(i) the syllabuses for the various subjects included in the curriculum for the diploma in pharmacy;
(ii) the manner in which examinations for the diploma in pharmacy referred to in subparagraph (i) shall be conducted;
(l)
(i) the registration by the council of pharmacist interns;
(ii) [Section 49(1)(l) deleted by section 5(a) of Act No. 20 of 1983]
(iii) the practical training to be undergone by such pharmacist intern;
(iv) the accommodation facilities, material, equipment and other requisites to be provided in a pharmacy where a pharmacist intern is being trained;
(v) the appointment of persons to inspect pharmacies where it is proposed to train pharmacist interns or where pharmacist interns are being trained;
(vi) the duties of persons appointed in terms of subparagraph (v) and the fees payable to them by the council in respect of inspections done by them;
(m)
(i) the registration by the council of pharmaceutical technicians and other pharmaceutical auxiliary personnel;
(ii) the persons required to be registered as pharmaceutical technicians or other pharmaceutical auxiliary personnel and the circumstances under which such persons shall be required to be so registered;
(iii) the training and the educational or other qualifications required for registration as pharmaceutical technicians or other pharmaceutical auxiliary personnel;
(mA) supplementary training or refresher courses to be undergone or taken by persons registered under this Act and the provision of and control over such training or courses;

(mB)

(i) the specialities in respect of which registered persons may apply for registration under section 28;
(ii) the requirements with which an applicant for registration of a speciality shall comply;
(iii) the exemption of an applicant for registration of a speciality, or any category of such applicants, from such requirements;
(iv) the conditions subject to which any registered person may carry on the profession of pharmacist in respect of any registered speciality, including conditions restricting the practice of any such person to the speciality registered in respect of such person;
(n)
(i) the election of members of the council required to be elected in terms of section 5 (1);
(ii) the requirements for a valid nomination of a candidate for election as a member of the council;
(o) the conduct of an inquiry held in terms of section 39, including-
(i) the manner in which complaints or charges brought against a registered person shall be lodged;
(ii) the method of summoning an accused person and the penalties for failure or refusal on the part of any such person to attend as summoned or for obstructing or interrupting the proceedings;
(iii) any other matter relating to the conduct of such an inquiry;
(p) any matter which, in terms of any provision of this Act, is required to be or may be prescribed by regulation;
(q) generally, all matters which he considers it necessary or expedient to prescribe in order that the purposes of this Act may be achieved.

 

(2) The Minister may, after consultation with the executive committee of the council, if he deems it to be in the public interest—
(a) without the recommendation of the council make regulations relating to any of the matters referred to in subsection (1) or amend or repeal any regulation made in terms of that subsection;
(b) amend or repeal any rule made in terms of the provisions of this Act.

 

(3) Any proclamation or notice issued or regulation, rule or order made under this Act may from time to time be amended or repealed by the authority which issued or made it.

 

(4) The council shall, not less than two months before any rule is made in terms of this Act, cause the text of such rule to be published in the Gazette together with a notice declaring the council's intention to make such a rule and inviting interested persons to furnish the council with comments thereon or any representations they may wish to make in regard thereto.

 

(5) The Minister shall, not less than three months before any regulation is made in terms of this Act, cause the text of such draft regulation to be published in the Gazette together with a notice declaring the Minister's intention to make such a regulation and inviting interested persons to furnish the Minister with comments thereon or any representations they may wish to make in regard thereto: Provided that if the Minister thereafter decides to alter the draft regulations as a result of any objections or representations so submitted, it shall not be necessary to publish such alterations before making the regulations.