The Pharmacy (Amendment) Act, 2011.pmd
ANTIGUA AND BARBUDA
THE PHARMACY (AMENDMENT) ACT, 2011
No. 9 of 2011
[ Published in the Official Gazette Vol. XXXI No.32
dated 16th June, 2011. ]
________
Printed at the Government Printing Office, Antigua and Barbuda,
by Paget Terry, Acting Government Printer
— By Authority, 2011.
800—06.201 [ Price $ 4.00 ]
The Pharmacy (Amendment) Act, 2011 No. 9 of 2018
(c) in subsection (2) by inserting the words “or wholesale pharmaceutical business” after the
words “operating any pharmacy”.
10. Amendment of section 15 – Cancellation and suspension of licence
The principal Act is amended in section 15—
(a) in subsection (1) paragraph (a) by inserting the words “or a wholesale pharmaceutical
business” after the word “pharmacy”; and
(b) in subsection (2) by inserting the words “or a wholesale pharmaceutical business” after
the word “pharmacy”;
11. Amendment of section 16 – Constitution and function of Board of Inspectors
The principal Act is amended in section 16—
(a) in subsection (2) paragraph (b) by inserting the words “or a wholesale pharmaceutical
business” after the word “pharmacy”;
(b) in subsection (10) by—
(i) inserting the words “or Register of Wholesale Pharmaceutical Businesses” after
the words “Register of Pharmacies”; and
(ii) inserting the words “or a wholesale pharmaceutical business whichever is applicable
“ after the word “pharmacy”; and
(c) in subsection (1) paragraph (b) by—
(i) inserting the words “or a wholesale pharmaceutical business” after the word
“pharmacy”; and
(ii) inserting the words “or Register of Wholesale Pharmaceutical Businesses whichever
is applicable “ after the words “Register of Pharmacies”.
12. Amendment of section 17 – Appeals
The principal Act is amended in section 17—
(a) in subsection (1) paragraph (c) by inserting the words “or to remove the name of his
business from the Register of Wholesale Pharmaceutical Businesses” after the words
“Register of Pharmacies”; and
The Pharmacy (Amendment) Act, 2011 No. 9 of 201 No. 9 of 201 The Pharmacy (Amendment) Act, 20112 7
(a) in subsection (1) by—
(i) inserting the words “or a wholesale pharmaceutical business” after the words
“operate a pharmacy”;
(ii) repealing the word “ has” after the words “such premises” and substituting the
word “have”; and
(iii) inserting the words “or a wholesale pharmaceutical business” after the words
“operating a pharmacy;
(b) in subsection (2) by inserting the words “or a wholesale pharmaceutical business” after
the words “operate a pharmacy”; and
(c) in subsection (3) by—
(i) inserting the words “to a pharmacy or a wholesale pharmaceutical business” after
the words “grant a licence”; and
(ii) repealing the words “such a” after the word “unless” and substituting the word
“the”; and
(iii) inserting the words “or a wholesale pharmaceutical business” before the words
“has in its employ”.
8. Amendment of section 13 – Registration of licensed premises
The principal Act is amended in section 13—
(a) in subsection (1) by inserting the words “or a wholesale pharmaceutical business” after
the words “for use as a pharmacy”; and
(b) in subsection (1) paragraph (a) by inserting the words “or Register of Wholesale
Pharmaceutical Businesses, whichever is applicable “ after the words “Register of
Pharmacies”;.
9. Amendment of section 14 – Prohibition of unlicensed premises as pharmacy
The principal Act is amended in section 14—
(a) in the heading by inserting the words “or wholesale pharmaceutical business” after the
word “pharmacy”;
(b) in subsection (1) by inserting the words “or a wholesale pharmaceutical business” after
the words “operate a pharmacy”; and
The Pharmacy (Amendment) Act, 2011 No. 9 of 201 No. 9 of 201 The Pharmacy (Amendment) Act, 2011
THE PHARMACY (AMENDMENT) ACT, 2011
ARRANGEMENT
Sections
1. Short title.
2. Interpretation
3. Amendment of section 2 - Interpretation
4. Amendment of section 3 – Establishment of Council
5. Amendment of section 4 – Functions of the council
6. Amendment of section 6 – Appointment of Registrar
7. Amendment of section 12 – Procedure for licensing premises
8. Amendment of section 13 – Registration of licensed premises
9. Amendment of section 14 – Prohibition of unlicensed premises as pharmacy
10. Amendment of section 15 – Cancellation and suspension of licence
11. Amendment of section 16 – Constitution and function of Board of Inspectors
12. Amendment of section 17 – Appeals
13. Amendment of section 18 – Sale of drugs
14. Amendment of section 21 – Exemptions
15. Amendment of section 23 – Use of titles
16. Amendment of section 28 – Regulations
17. Amendment of the Schedule
36
“Minister” means the Minister with responsibility for the regulation and control of the practice
of pharmacy and the importation, sale, distribution and supply of drugs and poisons;”;
(c) by repealing the word “.” after the definition of “Veterinary Surgeon” and substituting the
words “; and”; and
(d) by inserting the words “wholesale pharmaceutical business” means a business engaged in
the importation, purchase or supply of drugs or poisons for retail.” after the definition of
“Veterinary Surgeon”.
4. Amendment of section 3 – Establishment of Council
The principal Act is amended in section 3 by repealing the term “Chief Pharmacist” and substituting
the term “Director of Pharmacy”.
5. Amendment of section 4 – Functions of the council
The principal Act is amended in section 4—
(a) subsection (1) paragraph (b) by inserting the words “or pharmacy technicians” after the
word “pharmacists”;
(b) subsection (1) paragraph (e) by inserting the words “, wholesale pharmaceutical business”
after the word “manufacturers”;
(c) by repealing subsection (2); and
(d) by renumbering subsection (3) as subsection (2).
6. Amendment of section 6 – Appointment of Registrar
The principal Act is amended in section 6 by
(a) repealing the word “.” at the end of paragraph (b) and substituting the words “, and;”; and
(b) inserting the following after subsection (3) paragraph (b)—
“(c) a “Register of Wholesale Pharmaceutical Businesses” in which shall be recorded the business
names and addresses of businesses for which the premises have been licensed under this Act.”.
7. Amendment of section 12 – Procedure for licensing premises
The principal Act is amended in section 12—
The Pharmacy (Amendment) Act, 2011 No. 9 of 201 No. 9 of 201 The Pharmacy (Amendment) Act, 201154
ANTIGUA AND BARBUDA
THE PHARMACY (AMENDMENT) ACT, 2011
No. 9 of 2011
AN ACT to amend the Pharmacy Act, 1995 No. 1 of 1995 and for incidental and connected purposes.
ENACTED by the Parliament of Antigua and Barbuda as follows:
1. Short title
This Act may be cited as the Pharmacy (Amendment) Ac , 2010.
2. Interpr etation
In this Act “the principal Act” means the Pharmacy Act, 1995 No. 1 of 1995.
3. Amendment of section 2 - Interpretation
The principle Act is amended in section 2—
(a) by repealing “medical practitioner” and the definition of this term and substituting the
following—
““medical practitioner” means a person who is registered under Part III of the Medical
Practitioners Act, 2009;”;
(b) by inserting the following before the definition of the word “pharmacy”—
[ L.S.]
I Assent,
Louise Lake -Tack,
Governor-General.
3rd June, 201.
The Pharmacy (Amendment) Act, 2011 No. 9 of 201 No. 9 of 201 The Pharmacy (Amendment) Act, 2011
(b) in paragraph (a) by repealing the words “the qualifications necessary for registration as
pharmacists” and substituting the following—
“—
(i) the qualifications necessary for registration as a pharmacist, pharmacy technician
or pharmacy student; and
(ii) the requirements necessary for licensing premises, pharmacies and wholesale
pharmaceutical businesses;”
(c) by inserting after paragraph (n) the following—
“(2) The Minister may by Order published in the Gazette, delegate the authority to issue licences
or certificates under the Act to the Council and the Order may specify a period for the duration of the
delegation”.
17. Amendment of the Schedule
The principal Act is amended in the Schedule in paragraph (8) by repealing the term “Chief Pharmacist”
and substituting the term “Director of Pharmacy”.
Passed by the Senate on the 18th day
of April, 2011.
Hazlyn M. Francis,
President.
Romona Small,
Clerk to the Senate (Ag.).
Passed by the House of Representatives on
the 31st day of March, 2011.
D. Gisele Isaac-Arrindell,
Speaker.
Romona Small,
Clerk to the House of Representatives.(Ag.)
9
(b) in subsection (1) paragraph (d) by inserting the words “or a wholesale pharmaceutical
business” after the word “pharmacy”.
13. Amendment of section 18 – Sale of drugs
The principal Act is amended in section 18—
(a) in the heading by inserting the words “, distribution” after the word “Sale”;
(b) in subsection (1) by inserting the words “distribute,” after the words “sell,”;
(c) in subsection (1) paragraph (a) by inserting the words “distribution,” after the words
“selling,”;
(d) in subsection (1) paragraph (b) by inserting the words “or distribution” after the word
“selling”; and
(e) in subsection (1) paragraph (c) by inserting the words “, distribution” after the word
“dispensing”.
14. Amendment of section 21 – Exemptions
The principal Act is amended in section 21 in subsection (1) paragraph (a) by inserting the words
“where a patient is in need of a drug in an emergency situation and in such a case the medical practitioner,
veterinary surgeon or dentist is permitted to supply the patient with only the quantity of drugs necessary
to facilitate that particular emergency situation” after the word “profession”.
15. Amendment of section 23 – Use of titles
The principal Act is amended in section 23 subsection (3) by—
(a) repealing the words “he is registered as a pharmacist” and substituting the words “premises
upon which a sign, emblem or representation is displayed are appropriately registered”;
(b) repealing the word “any” and substituting the word “the”; and
(c) inserting the words “, “pharmaceuticals” after the words “”drug dispensary””.
16. Amendment of section 28 – Regulations
The principal Act is amended in section 28—
(a) by inserting the words “(1)” before the words “The Minister”;
10
