Protection of Businesses Act, 1978
R 385
Pharmacy Act, 1974 (Act No. 53 of 1974)Board NoticesRules Relating to the Services for which a Pharmacist may Levy a Fee and Guidelines for Levying such a Fee or FeesBoard Notice 106 of 2004 |
Board Notice 106 of 2004
The South African Pharmacy Council
The South African Pharmacy Council has, in terms of sections 35A(b)(iii) and 49(4) of the Pharmacy Act, 1974 (Act 53 of 1974) as amended, made the rules in the Schedule.
| 1) | Definitions |
In these rules, unless the context otherwise indicates -
"pharmaceutical care" means ensuring definite therapeutic outcomes for the health and quality of life of a patient in the supply of medicine.
Services for which a pharmacist may levy a fee or fees
| 2) | A pharmacist may levy a fee or fees for one or more of the services that may be provided in the various categories of pharmacies as prescribed in the Regulations relating to the practice of pharmacy (GNR.1158 2 o0f November 2000),subject to the guidelines for levying such a fee as approved by the Council from time to time. |
| 3) | A pharmacist who wishes to levy a fee or fees for the services referred to in rule 2 must comply with the provisions of all these rules prior to levying a fee or fees. |
| 4) | Services for which a pharmacist wishes to levy a fee or fees must be provided in accordance with regulation 20 of the Regulations relating to the practice of pharmacy (GNR. 1158 o2f 0 November 2000). |
| 5) | A pharmacist must ensure, when a service for which he or she wishes to levy a fee or fees involves the supply of medicine, whether supplied on a prescription or not, that - |
| a) | the patient for whom such medicine is supplied is furnished with adequate advice or information for the safe and effective use of the medicine(s) supplied by him or her, whether such medicine(s) is supplied personally (face-to-face) or by any other means; |
| b) | pharmaceutical care is provided to the patient concerned. |
| 6) | Services for which a pharmacist may levy a fee or fees may not be advertised in any manner that – |
| a) | is not factually correct; |
| b) | is misleading; |
| c) | harms the dignity or honour of the pharmacy profession; |
| d) | disparages another pharmacist; |
| e) | is calculated to suggest that his or her professional skill or ability or his or her facilities or that of the pharmacy owner, as the case may be, for practising his or her profession or rendering the service(s) concerned are superior to those of other pharmacists. |
| 7) | A pharmacist may not tout or attempt to tout for services for which he or she wishes to levy a fee or fees by acting in a manner referred to in rule 6. |
| 8) | A pharmacist may not levy a fee or fees for a service for which he or she is inadequately trained or insufficiently experienced or for which prior authorisation from the Council is required before he or she may provide such service(s). Acceptable documentary evidence of such training or experience, particularly relating to services included under the heading "promotion of public health" (refer Schedule), must be provided if and when required by the Council, which could include but shall not be limited to- |
| a) | the successful completion of further education and training at a provider accredited by a competent authority; or |
| b) | practical experience gained under controlled circumstances and the mentorship of a competent authority; or |
| c) | the successful completion of continuing professional development (CPD) courses at a provider accredited by a competent authority. |
| 9) | A pharmacist may provide any one or more of the services referred to in rule 2 without levying a fee or fees. |
| 10) | A pharmacist who wishes to levy a fee or fees for the services referred to in rule 2 must clearly indicate to the patient (customer) for which service a fee or fees is/are levied and what the amount of the fee or fees per service is/are. |
Guidelines for the levying of a fee or fees
| 11) | The guidelines published herewith as Annexure A shall constitute the only guidelines for levying a fee or fees for any one or more of the services referred to in rule 2. |
TA MASANGO
ACTING REGISTRAR
