No. 11 of 1995. The Pharmacy Act, 1995. 1 ANTIGUA
AND
BARBUDA
[ L.S. ]
I Assent,
James B. Carlisle,
Governor-General.
9th November, 1995.
ANTIGUA AND BARBUDA
No. 11 of 1995.
AN ACT to establish a Council to control and regulate the
practice of pharmacy, the sale of drugs and poisons and to
make provision for the registration and control of persons
admitted to practise as pharmacists and engaged in the
business of pharmacy.
[ 16th November, 1995 ]
ENACTED by the Parliament of Antigua and Barbuda as
follows:-
1. This Act may be cited as the Pharmacy Act, 1995. Short title.
2. In this Act- Interpretation.
"authorised seller of poisons" means a person licensed to
sell poisons under section 19;
"Council" means the Council established under section 3;
"compounding" means mixing, putting together or uniting
two or more ingredients ordered in a prescription by a
duly registered medical practitioner, dentist or veterinary
surgeon;
ANTIGUA 2
AND
BARBUDA
Cap. 23 1.
Cap. 23 1.
The Phannacy Act, 1995. No. 11 of 1995.
"dentist" means any person who is registered as a dentist
under section 32 of the Medical Act;
"dispensing" means the supplying of drugs on and in
accordance,with a prescription given by a medical practi-
tioner, a dentist or a veterinary surgeon;
"drugs" means-
(a) any substance or mixture of substances or any article
manufactured, sold or represented for use in -
(i) the diagnosis, cure, treatment, mitigation or
prevention of any disease, disorder, abnormal
physical or mental state, or the symptoms
thereof in human, animal or fowl;
(ii) the restoring, correcting or modifying of or-
ganic functions in human, animal or fowl;
(iii) the disinfection of premises where food is
manufactured, prepared or stored, or
(iv) the preparation of cosmetics for producing a
drug action as mentioned in paragraphs (i), (ii)
and (iii), and
(b) any substance whether natural or synthetic with
therapeutic or medical properties and chiefly used as
medicines or ingredients in medicines;
(c) any article other than food intended to affect the
structure of any function of the body of man or
animal;
"medical practitioner" means any person who is registered
under section 24 of the Medical Act;
"pharmacy" means any place or premises registered as a
pharmacy under section 13, and where prescriptions, drugs
medicines, chemicals and poisons are compounded, dis-
pensed or sold or distributed by retail;
"pharmacist" means a person who is registered in accord-
ance with section 9 and whose.name appears in the Regis-
ter of Pharmacists kept and maintained under section 6;
No. 11 of 1995. The Pharmacy Act, 1995. 3 ANTIGUA
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"poisons" means any substance, whether adrug or not, that
is dangerous to human or animal health or life and is
designated a poison by regulation made under this Act;
"Registrar" means the person appointed as Registrar under
section 6;
"Veterinary Surgeon" means any person registered under
section 1 1 of the Veterinary Act, 1986. NO. 42 of 1986.
3. (1) For the purpose of this Act there is established a Council Establishment and
known as the Pharmacy Council. constitution of
council.
(2) The Council shall consist of seven members, namely-
(i) the Chief Pharmacist, ex oficio;
(ii) one Medical Practitioner appointed by the Minister
after consultation with the Antigua and Barbuda
Medical Association;
(iii) three pharmacists appointed by the Minister after
consultation with the Antigua and Barbuda Pharma-
ceutical Society;
(iv) one pharmacist who is or has been engaged in the
teaching of pharmacy in Antigua and Barbuda and
appointed by the Minister.
(v) one person appointed by the Minister who shall
represent the interest of the consumer.
(3) A member of the Council, other than an ex-oficio member
shall holdoffice for a term of three years, but shall at the expiration
of such term be eligible for re-appointment.
(4) Any member of the Council, other than an ex ofJicio
member, may resign his office by writing to the Minister.
(5) Where a member ceases to hold office before the expiry of
his term, the Minister may, subject to the mode of appointment
specified in subsection (2), appoint aperson to hold office for the
un-expired period of that term.
ANTIGUA 4 The Pharmacy Act, 1995.
AND
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No. 11 of 1995.
(6) Any person elected to the post of President or deputy
President of the Council shall hold that post for a term of one year
but shall be eligible for re-election at the expiration of such term.
(7) The Council may, subject to the provisions specified in the
Schedule, regulate its own procedure.
(8) The Minister may, after consultation with -
(a) the Antigua and Barbuda Medical Association, re-
voke the appointment of a member under subsection
(2) (ii);
(b) the Pharmaceutical Society of Antiguaand Barbuda,
revoke the appointment of a member appointed
under subsection (2) (iii);
Functions of the 4. (1) The functions of the Council are -
Council.
(a) to advise the Minister on all matters affecting the
production, purchase, sale and dispensing of phar-
maceutical products;
(b) to decide on matters relating to the qualification,
examination and registration of persons qualified to
practice as pharmacists;
(c) to be responsible for establishing and maintaining
high professional standards of practice and conduct
among pharmacists;
(d) to advise the Minister on procedures for examination
and approval of pharmaceutical products;
(e) to decide on matters relating to the registration of
persons as authorised importers, exporters, manufac-
turers or sellers of pharmaceutical products;
(fJ to consider andapprove for registration, persons who
satisfy the requirements prescribed by the Council;
(g) to establish rules of professional conduct and disci-
pline and to provide procedures for enquiring into
breaches of such rules;
No. 11 of 1995. The Pharmacy Act, 1995. 5 ANTIGUA
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(h) to advise the Minister on matters relating to registra-
tion of premises and persons authorised to sell drugs
and poisons;
(i) to give directions to the Registrar in the performance
of his duties under this Act;
0) to make recommendations to the Minister on matters
relating to the administration of the Act;
(k) to advise the Minister on any matter that hemay, from
time to time, refer to the Council.
(2) It shall be the duty of the Council to examine any
pharmaceutical apprentice who applies for a Certificate of com-
petency and to grant such certificate to any applicant who satisfies
the requirements of the Council.
(3) The Council shall not later than 31st day of March each
year, prepare and submit to the Minister a comprehensive report
of its activities during the preceding year.
5. The Minister may, after consultation with the Minister of Remuneration.
Finance, pay to the members of the Council such remuneration or
allowance as he may, from time to time, prescribe.
6. (1) For the purposes of this Act there shall be a Registrar, Appointnlrnt of
who shall be appointed by the Minister on the advice of the Registrar.
Council.
(2) The Registrar shall be a person who is a qualified pharma-
cist and is registered under section 9 of this Act.
(3) The Registrar shall perform the general administrative
duties of the Council and shall in particular keep and maintain the
following-
(a) a "Register of Pharmacists" in which shall be re-
corded the names and particulars of all persons
admitted by the Council to practice as pharmacists;
(b) a "Register of Pharmacies" in which shall be re-
corded the names and addresses of premises licensed
to operate the business of pharmacy.
ANTIGUA
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Qualification for
registration as
pharmacist.
Cap. 231.
Application for
registration.
6 The Pharmacy Act, 1995. No. 11 of 1995.
(4) The Registrar shall, at the direction of the Council, record
the names and particulars as may be prescribed, of all persons
approved by the Council to be registered as pharmacists.
(5) The Registrar shall comply with any direction given to him
under section 4 (1) ti).
7. (1) A person is entitled to be registered as a pharmacist if he
satisfies the Council that-
(a) he is in possession of the qualifications prescribed by
the Council:
(b) he has attained the age of twenty-one years; and
(c) he has paid the prescribed fee for registration and the
annual licensing fee to practice as a pharmacist.
(2) A person is entitled to be registered as a pharmacist who
before the commencement of this Act is registered as a chemist
and druggist under section 40 of the Medical Act.
(3) No person who is registered under any law in force in
Antigua and Barbuda as a Medical Practitioner, Dentist or
Veterinary Surgeon is entitled to be registered as a Pharmacist
under this Act.
8. (1) Any person may apply to be registered under this Act by
submitting to the Registrar a duly completed application in the
prescribed form.
(2) The application form shall be accompanied by the follow-
ing -
(a) a document certifying his professional qualifica-
tions;
(b) two testimonials of good character and ability from
persons who have known the applicant for at least
three years;
(c) a birth certificate; and
(d) the names of two referees who are qualified pharma-
cists or medical praclitioners.
No. 11 of 1995. The Pharmacy Act, 1995. 7 ANTIGUA
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(3) The Minister shall by Regulation prescribe the registration
fee.
9. (1) The Council may direct the Registrar to enter the name Registration of
and particulars of any person whose application is successful in pharmacisb.
the Register of Pharmacists and to issue to such person, on
payment of the registration fee, a certificate of registration in the
form prescribed by the Council.
(2) The Registrar shall publish in the Gazette a notification of
the name and particulars of all persons entered in the Register of
Pharmacists as directed under subsection (1).
10. (1) No certificate shall be valid unless it is signed by the Certificate of
President and the Registrar and authenticated with the seal of the registration as a
pharmacist.
Council.
(2) Every pharmacist registered under this Act is entitled to be
issued with one certificate only but in the event of loss or
destruction may apply to the Council for replacement on payment
of the requisite fee.
11. (1) No person shall engage in the practice of pharmacy Practising
unless such person is registered as a pharmacist under this Act. pharmacy
licence.
(2) Any person who contravenes this section is guilty of an
offence andis liable on conviction thereof to a fine of ten thousand
dollars or to a term of imprisonment for twelve months or to both.
12. (1) No premises shall be used or permitted to be used to Procedure for
operate a pharmacy unless such premises has been approved by liwnsing
the Minister and licensed as suitable for operating a pharmacy. premises.
(2) Every application for a licence to operate a pharmacy on
any premises shall be made to the Registrar in a form prescribed
by regulation, providing such particulars as the Minister may,
after consultation with the Council require.
(3) Notwithstanding subsection (1) the Minister shall not grant
a licence under this section unless such a pharmacy has in its
employ a registered pharmacist for the purpose of dispensing,
managing and controlling all h g s and poisons.
ANTIGUA 8 The Pharmacy Act, 1995. No. 11 of 1995.
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(4) The Registrar shall submit any such application to the
Board of Inspectors who shall inspect the premises and make a
report to the Minister stating whether the requirements of this Act
have been complied with.
(5) The Minister may after considering the Report approve or
refuse the application for alicence. Where the Minister refuses to
approve an application he shall give reasons for so refusing.
Registration of 13. (1) Wherepursuantto section 12 the Minister approvesany
licensed premises. premises for use as a pharmacy; he may upon payment of the
prescribed fee direct the Registra-
(a) to enter the name of the approved premises in the
Register of Pharmacies;
(b) to issue the applicant with a certificate of licence in
respect of such premises; and
(c) to publish the name and address of the approved
premises in the Gazette.
(2) Every licence granted under this section shall remain valid
for a period of twelve months from the date of issue.
(3) Application for renewal of licensed premises shall be
submitted to the Registrar not later than three months before the
expiration of the licence.
(4) The Registrar shall forward such application together with
the report of the Board of Inspectors to the Council who shall
determine whether or not the licence should berenewedandmake
such recommendations as it considers appropriate to the Minister.
(5) The Minister may, on receipt of such recommendation and
on payment of the prescribed fee renew the licence.
Prohibition of 14. (1) No person shall operate a pharmacy on any premises
unlicensed unless there is in force in relation to such premises a valid licence
premises as
pharmacy.
issued by the Minister in accordance with the provisions of
section 13.
(2) The person operating any pharmacy licensed under this Act
shall at all times, display in a conspicuous place within the
No. 11 of 1995. The P h a m y Act, 1995. 9 ANTIGUA
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licensed premises the certificate of licence in respect of the
premises.
(3) Any person who fails to comply with this section is guilty
of m offence and is liable on conviction to a fine of two thousand
dollas or toa term of imprisonment for six months or to both such
fine and imprisonment.
15. (1) The Minister may cancel or suspend a licence on any Cancellation and
of the following grounds- suspension of
licence.
(a) that the premises in relation to which the licence is
issued has ceased to be used as a pharmacy;
(b) that the pimises is in a state of disrepair or is in an
unsanitary condition so as to render it unsuitable to
comply with the conditions of this Act.
(2) Where a licensed premises has ceased to be used as a
pharmacy, the holder of the licence to which the premises relates
shall &liver up the licence t the Registrar for canceilation.
(3) The holder of a licence that has k n cancelled or sus-
peradd under this section shall, as soon as practicable but not later
tha11 fourteen days of the notice of cancdhtion or suspension,
deliver up the licence to theRegism to'oedisposedof in amanner
directed by be Council.
16. (1) The MMi~sW mxy, after comultation witb the Council, constitution and
constitute a B o d of Xnspcctors who shdl consist of the Chief functionsof
Board of P h a c i s r w his ncpresentative and two other members of the
Ins~ctors.
B d .
(2) me Board of Insptors shall have the following func-
?ion$---
( enter any premises in respect of which application for
registration is made and carry out such insgectiorn as
it may consider necessary for heplxqabym of this Act;
b ) enter m y premises on which a p y is apraM
fw the purpose of finding out whether tl.e pmvsions
of this Act or my p~ofessiod standards established
by the Council are being complied with or to inves-
ANTIGUA 10
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The Pharmucy Act, 1995. No. 11 of 1995.
tigate any matter referred to it by the Minister or the
Council;
(c) enter any premises on which drugs or poisons are sold
2- the purpose of finding out whether the provisions
of this Act are being complied with;
(d) enter any premises in respect of which there is
reasonable cause to suspect that a breach of this Act
or any regulation made thereunder is contravened.
(3) The Board of Inspectors shall have the power to make such
enquiries and collect such samples as may be considered neces-
sary for ascertaining whether this Act or any regulation made
thereunder is being complied with.
(4) No occupier of any premises shall obstruct the Board of
Inspectors in the carrying out its function under this Act.
(5) Nothing in th~s ection prevents the Board of Inspectors
from entering and inspecting the premises of any medical prac-
titioner, dentist or veterinary surgeon or any premises where they
have reason to believe that the dispensing or the distribution of
drugs is being carried out.
(6) The Board of Inspectors shall after any inspection carried
out at the direction of the Minister or as required by this Act,
submit to the Minister a report stating whether-
(a) the premises complies with the standards set out by
the Council;
(b) any of the provisions of this Act has been contra-
vened;
(c) there has been a breach of any professional miscon-
duct.
(7) Where the report of the Board of Inspectors finds that the
premises fails to comply with the standards set out by the Council,
the Minister may, by notice in writing, direct the holder of the
licence to carry out within a specified time such repairs or
alterations as are considered necessary to comply with the
standards set up by the Council.
No. 11 of 1995. The Pharmacy Act, 1995. 1 1 ANTIGUA
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(8) If at the expiration of such specified time the holder of the
licence fails to comply with such direction, the Minister shall
suspend the licence until the licence holder complies with the
direction.
(9) Where a licence holder fails within three months of the
suspension of the licence to comply with the Minister's direction,
he may, cancel the licence.
(10) The Registrar may, at the direction of the Council, remove
from the Register of Pharmacies the name of any pharmacy in
respect of which the licence has been cancelled.
(1 1) The Registrar shall as soon as a licence is suspended or
cancelled under this section cause to be published in the
Gazette-
(a) a notice of suspension or cancellation of the licence;
(b) the removal of the name of a pharmacy from the
Register of Pharmacies.
17. (1) Any person who is aggrkved by a decision of the &pals.
Council-
(a) not to permit hian to be registered;
(b) to or cancel the registration;
(c) to remove his name from the Register of Pharmacies;
(4 not to approve an application for license apremises
for operating as a pharmacy;
(e) to suspend or cancel the licence in m p t of a
licensed premises;
may r w i e tlripfiy days from the date of m&
a Judge in dm- against ub% decision,
(2) The Judge may, after hearing an appeal ma& to him under
subs~c.aion (I), grant such relief as he considers prop.
ANTIGUA 12 The Phannacy Act, 1995. No. 11 of 1995.
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(3) Notwithstanding subsection (2), a decision of the Council
continues to have effect unless it is altered, amended or set aside
by the Judge in Chambers.
Sale of drugs. 18. (1) no prson shall sell, compound or dispense by whole-
sale or retail any drugs unless-
(a) the selling, compounding or dispensing by retail is
carried out by a registered pharmacist and on gre-
mises registered under section 13 of this Act;
(b) the selling by wholesale is effected under the control
or supervision of a registered pharmacist;
(c) the prescribed requirements relating to the com-
pounding, dispensing or selling of the drugs are
complied with;
(d) in the case of a drug that is poison, the selling,
compounding or dispensing complies with theprovi-
sions of sections 19 and 20.
(2) Every drug dispensed from a medical prescription shall be
placedin a box, bottle, vessel, wrapper or other receptacle bearing
a label with such instructions as the medical practitioner who
prescribed it may direct.
Sale of poisons. 19. (1) No person shall carry on the business that includes the
importation, selling by retail or by wholesale of poisons unless
such person is registered as an authorised seller of poisons and the
business is operated on premises licensed for the sale of poisons.
(2) An application to sell poisons shall bemade to theRegistrar
on a form prescribed by regulation.
(3) The Registrar shall submit such application to the Council
who may, after making such enquiries as it considers necessary,
approve or refuse to approve such application.
(4) Where the Council is satisfied that-
(a) the applicant is sufficiently knowledgeable and is a
fit and proper person to sell poison; and
No. 11 of 1995. The Pharmacy Act, 1995. 13 ANTIGUA
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(b) the premises in which he proposes to carry on such
business is licensed for the sale of poisons under
section 13;
it may make a recommendation to the Minister to grant to the
applicant a certificate of licence.
(5) The Minister may, on the receipt of such recommendation
and, on payment of the prescribed fee, issue to the applicant a
licence on the prescribed form as an authorised seller of poisons.
(6) A licence issued under this section is not transferable and
authorises only the licence holder to sell poison in accordance
with the provisions of this Act.
(7) A licence to sell poisons remains valid for a period of
twelve months and is renewable on application in the prescribed
form and on payment of the prescribed fee.
20. (1) Every person authorised under this Act to sell poisons Regulating the
by retail shall keep- sale of poisons.
(a) a Poisons Book in which shall be recorded the
particulars specified in subsections (3) and (4);
(b) the poison in a bottle, vessel, box, wrapper or cover,
distinctly labelled with the name of the poison and
bearing a distinctive mark that it is a poison; and
(c) the poison stored in an area set apart exclusively for
poisons.
(2) For the purposes of this section the Minister may, on the
advice of the Council, prescribe specified poisons and the condi-
tions under which such poisons may be sold to the public.
(3) The seller of a specifiedpoison shall not deliver it until the
seller has entered or caused to be entered in the Poisons Book the
following particulars-
(a) the date and form of poison prescribed;
(b) the name, occupation and the address of the person
to whom the poison is supplied;
ANTIGUA 14 The Pharmacy Act, 1995. No. 1 1 of 1995.
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(c) the name and quantity of the poison sold;
(d) the purpose for which it is stated by the purchaser to
be required,
(e) the signature of the purchaser, the person if any who
introduced him to the seller.
(4) Where the purchaser is a registered medical practitioner,
veterinary surgeon or dentist, an order signed by the purchaser
maybe accepted in place of the signature in the Poisons Book and
the seller &dl enter the words "signed Order" and retain the Order
for a period of two years.
(5) The seller of a specified poison may, in the case of an
emergency and by an u n d d i n g of a registered medical prac-
titioner, veterinary surgeon or dentist to supply a signed order
within twenty-fourhours, sell without the immediate requirement
of the signed order or the purchaser's signature in the book.
Exemptions. 21. (1) Section 18 does not apply to the sale of any drug-
(a) to a medical practitioner, veterinary surgeon or
dentist for the purpose of practising his profession;
(b) to, or for use in, any approved hospitax,
(c) to a pharmacist for the purpose of a pharmacy or a
commission agency employing a pharmacist.
(2) Section 20 does not apply to a h g administered by-
(a) a medical practitioner to his patient;
(b) a dental surgeon to his patient;
(c) a veterinary surgeon for any animal under his care;
(d) a midwife acting under the direction of a registered
medical practitioner;
e a nurse acting under the &%gon of a ~gistered
medical practitioner,
Dispensing and 22. A person who Operates a phamacy &id1 not permit the
com~ounding- dispensing section thereof to be o p unkss-
No. 11 of 1995. The Pharmacy Act, 1995. 15 ANTIGUA
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(a) a pharmacist registered under this Act is in charge
thereof and in actual attendance therein; and
(b) all drugs in the dispensing section of the pharmacy
required by this Act to be compounded, dispensed,
stored for sale or retailed under the supervision of a
pharmacist are secured in a place to which the public
has no access.
23. (1) No person shall, unless registered under this Act as a Use of titles.
pharmacist or cfcller of poisons, as the case may be, assume or
make use of the following titles-
(a) Pharmacist;
(b) Chemist or Druggist;
(c) Pharmaceutical Chemist;
(d) Dispensing Chemist;
(e) Dispensing Druggist;
Authorised seller ofpoisons or drugs or any other title
or name implying that he is registered as such under
this Act.
(2) No person shall, unless he is registered as a pharmacist
under this Act, use in connection with any business, any sign, title
or emblem or any description which implies that he or any other
person employed by him possesses any qualification with respect
to the selling, compounding for dispensing ofany drug or poisons.
(3) No person shall, unless he is registered as a pharmacist
under this Act, display on any premises any sign, emblem or
representation that includes the description "drug store", "drug
dispensary" or "pharmacy" or any other sign, title, emblem, or
representation that implies or from which the public may infer
that those premises are registered as such under this Act.
24. (1) The Council may, from time to time, establish a Disciplinary
disciplinary committee to hear and determine, all cases brought procedings,
on behalf of the Registrar under subsection (4) against any person
for breach of-
ANTIGUA 16
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The Pharmacy Act, 1995. No. 11 of 1995.
(a) any disciplinary rules made under this Act; or
(b) any professional conduct recognised by the Council.
(2) The Council may institute disciplinary pn>cedings against
any pharmacist registered under this r%cf who-
(a) has been convicted of an offence under th~s Act;
(b) has been convicted for an offence involving moral
tuapitude under any cadher kw; or
(c) has committed an act of professional misconduct.
(3) For the purposes of this Act "professional misconduct"
includes, violation of any code of conduct of professional stan-
dards established or recognised by rules made under this Act.
(4) All disciplinary proceedings under this Act shall be
instituted in the name of the Registrar.
(5) Any person against whom any disciplinary proceedings is
brought under this Act may appear in person or he represented by
Counsel.
(6) -'The Minister may, after consul&ation with the Council,
prescribe by regulation the procedure for conducting disciplinary
procedings.
Penalty. 25. (1) The Committee may at the conclusion of any disciplin-
ary proceedings submit a report of its findings to the Council.
(2) WiYere the Counicil i s ~atisfied that the person against whom
pmeedings wele brought has violated any disciplinary rules or
professhnl s t m h ~ h it may-
(a) susIC3end k c licerree: of buch person for a period not
evctxdhl; ooc year: or
(b) rl say R~YUS;. the ca~ellation t;f fhe licence of the
;v'i;wxi ~r Mi- ;emova! oi his name from the register
if tile breach is so st-ri~us as to wmmt the kpxition
of such penalty.
No. 11 of 1995. The Pharmacy Act, 1995. 17 ANTIGUA
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(3) The Council may direct the Registrar to remove the name
of a pharmacist from the register if such pharmacist-
(a) is convictedof an offence under this Act which in the
opinion of the Council renders the person unfit to
practise as a pharmacist;
(b) obtained his registration by fraud;
(c) is certified to be of unsound mind;
(d) is convicted under the Misuse of Drugs Act 1973 or NO. 21 of 1973.
under any other Act controlling or prohibiting the
compounding, sale or use of any drugs;
(e) is guilty of professional misconduct;
fJj is habitually drunk or is addicted to any drug;
(g ) is negligent in compounding, dispensing or selling of
drugs;
(h) is convicted of a felony by a court of competent
jurisdiction;
26. The Registrar shall, cause to be published in the Gazette Publication of
the suspension, cancellation or removal of the name of any Of name
pharmacist from the Register of Pharmacists. in the Gazette.
27. Any person who- Offences.
(a) wilfully delays or obstructs the Board of Inspectors
in the execution of its duties;
(b) refuses to allow any sample to be taken in accordance
with section 16 (2);
(c) fails to, or knowingly gives false information to the
Board of Inspectors in the performance of its duties
or gives information that is likely to mislead the
Board of Inspectors in the performance of its duties;
(d) by the offer of bribes or other inducement prevents or
attempts to prevent the board of Inspectors or any
ANTIGUA 18
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The Pharmacy Act, 1995. No. 11 of 1995.
member of the Board from performing the duties
imposed on it by this Act;
(e) with the intent to deceive-
(i) forges a certificate purporting to be issued
under this Act;
(ii) uses a certificate issued to another person
under this Act;
(iii) lends or allows a certificate that has been
issued to him to be used by another person;
(iv) uses a licence that has been cancelled or sus-
pended under section 15.
I f ) accepts bribes in connection with any matter relating
to the performance of his functions; or
(g) contravenes any provision of this Act or any regula-
tion made thereunder;
is guilty of an offence and is liable on summary conviction to a
fine of twenty thousand dollars and to a term of imprisonment for
a period of twelve months or to both such fine and imprisonment.
Regulations. 28. The Minister may, after consultation with the Council,
make regulations-
(a) prescribing the qualifications necessary for regisua-
tion as pharmacists;
(6 ) prescribing the period for which any certificate given
under the provisions of this Act is to remain in force;
(c) respecting the manner in which disciplinary proceed-
ings or enquiries are to be instituted and the proce-
dure to be followed in the conducting of these
proceedings or enquiries;
(d) prescribing the period for which any books or regis-
ters required under this Act are kept and preserved;
No. 11 of 1995. The Pharinacy Act, 1995. 19 ANTIGUA
AND
BARBUDA
(e) respecting the addition to poisons of specified ingre-
dients for the purpose of rendering them readily
distinguishable as poisons;
(f3 controlling the sale whether wholesale or retail, or
the supplying of poisons by or to any person or classes
of persons;
(g) specifying the substances that are poisons for the
purposes of this Act;
(h) prohibiting the sale by retail of any specified
poison except on a prescription given by a medical
practitioner, dentist or veterinary surgeon andregu-
lating the use of such prescriptions;
(i) respecting the compounding, dispensing, labelling,
storing, packaging, sale and retailing of drugs and
poisons;
0) respecting the containers in which poisons may be
sold or supplied;
(k) prescribing those places, other than pharmacies in
which poison included in the listreferred to in section
20 (2) may be stored for sale or may be sold by retail
and the requirements to be satisfied in relation to the
storing and retailing in those places of those poisons;
( I ) prescribing the qualification of persons to be put in
control of the manufacture of pharmaceutical prepa-
rations containing poisons;
(m) prescribing the fees to be paid for anything to be done
under this Act;
(n) prescribing anything that is by this Act authorised or
required to be prescribed.
29. Sections 40,41,42,43,44,45,46,47,48,49,50,5 1,52, Repeals.
53,54,55, 56 and 57 of the Medical Act are hereby repealed. Cap.231.
ANTIGUA 20
AND
BARBUDA
The Pharmacy Act, 1995.
SCHEDULE
No. 11 of 1995.
Section 3 (7)
Procedure of Council
(1) The council shall elect from amongst its members a president and adeputy
president.
(2) The president shall preside at all meetings of the Council, but in his absence
the deputy president shall preside.
(3) Where for any reason both the president and the deputy president are absent
from any meeting, the members present and forming a quorum shall elect
one of their number to preside at that meeting.
(4) For the purposes of any official meeting of the Council, four members shall
constitute a quorum.
( 5 ) The Council shall, for the proper conduct of its business, hold its meetings
at such places and at such times as it may, from time to time, determine.
(6) All decisions of the Council shall be by a majority of the votes of the
members present and voting.
(7) In the event of the votes being equal the person presiding at such meeting
shall have a casting vote.
(8) The Chief Pharmacist may appoint a member of his staff to be the secretary
of the Council.
(9) The secretary shall keep a minutes book in which shall be recorded the
proceedings and decisions of the Council.
(10) All decisions of the Council shall be signed by the president and the
secretary.
( 1 1) The Minister may revoke the appointment of any member apointed under
section 3 (2) (iv).
No. 11 of 1995. The Pharmacy Act, 1995. 21 ANTIGUA
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Passed the House of Representatives this Passed the Senate this 3 1 st day
24th day of August, 1995. of October, 1995.
B. Harris,
Speaker.
M. Percival,
President.
S. Walker, S. Walker,
Clerk to the House of Representatives. Clerk to the Senate.
Printed at the Government Printing Office, Antigua and Barbuda,
by Rupert Charity, Government Printer
-By Authority, 1995.
1000-1 1.95 [ Price $8.20 1
