Dangerous Drugs Act

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
DANGEROUS DRUGS

THE DANGEROUS DRUGS ACT

REGULATIONS
(under section 9)

(Made by the Governor in Executive Council on the 22nd day of L.N. 28/(8
Much, 1948) And: L.N. 21/58

1. These Regulations may be cited as the Dangerous Drugs Regu-
lations, 1948.

2. In these Regulations, unless the context otherwise requires-
"authority" means-

(a) any licence issued by the Chief Medical Officer under
section 19 of the Act;

(b) any authority granted by the Chief Medical Officer under
regulations made under that section;

(c) any general authorization conferred by these Regulations;
and the expression "authorized" shall be construed
accordingly;

'authorized veterinary surgeon" means a veterinary surgeon to
whom an authority has been granted by the Chief Medical
mar;

"chemist and druggist" means a person who is registered as a
pharmacist under the provisions of the Pharmacy Act;

"drug" means any drug, not being a preparation within the mean-
ing of these Regulations to which Part IV of the Act applies;

"preparation" means any preparation, admixture, extract, or other
substance, containing such a proportion of a drug as is &dent
to make the preparation, admixture, extract or substance. a
drug to which Part IV of the Act applies;

"register" means a bound book and does not include any form
of loose leaf register or card index.

3 4 1 ) A person shall not, unless he is duly authorized so to do or
otherwise than in accordance with the terms and conditions of his
authority, supply or procure or offer to supply or procure, to or for

inchubn of tht p.gc b authorized by L.N 286119761

THE DANGEROUS DRUGS REGULATIONS, 1948

any person (including himself), whether in the Island or elsewhere. GI
advertise for sale a drug or preparation.

(2) Subject as hereinafter provided, a person shall not supply or
procure, or offer to supply or procure, a drug or preparatiou to or for
any person in the Island, unless that latter person is authorized to ba
in possession of the drug or preparation and thz drug or preparation
is to be supplied or procured in accordance with the terms and con-
ditions of that person's authority :

Provided that for the purpose of this paragraph the administration
of a drug or preparation by, or under the direct personal supervision
and in the presence of, a duly registered medical practitioner, or by.
or under the direct personal supervision and in the presence of a duly
registered dentist in the course of dental treatment, shall not be
deemed to be the supplying of a drug or preparation.

4.-41) A person shall not be in possession of a drug or preparation
unless he is duly so authorized.

(2) For the purposes of these Regulations-

(a) a person to whom a drug or preparation is lawfully supplied-

(i) by a duly registered medical practitioner or authorized
veterinary surgeon who dispenses his own medicines;

(ii) on a prescription lawfully given by a duly registered
medical practitioner, a duly registered dentist or a duly
authorized veterinary surgeon,

shall be deemed to be a person authorized to be in possession
of the drug or preparation so supplied:

Provided that a person supplied with a drug or preparation
by, or on a prescription given by a registered medical prac-
titioner, shall not be deemed to be a person authorized to be
in possession of the drug or preparation if he was then being
supplied with a drug or preparation by, or on a prescription
given by, another registered medical practitioner in the course
of treatment and did not disclose the fact to the first-mentioned
medical'practitioner before the supply by him or on his pre-
scription;

(b) a person shatl be deemed to be m possession of a drug a
prepration if it is in his actual custody or is held by any
other person subject to his control or for him or on his behalt.

TEE DANGEROUS DRUGS REGULATIONS, 1916

5.-41) When a drug or preparation is to be lawfully supplied io
any person (hereinafter referred to as the "recipient") otherwiae than
by, or on prescription given by, a duly registered medical practitioner,
the person supplying the drug or preparation (hereinafter referred to
as "the supplier") shall not deliver it to a person who purports to be
sent by or on behalf of the recipient, unless that person eithcr-

(a) is a person authorized under thew Regulations to be in posses-
sion of that drug or preparation; or

(b) produces to the eupplier a statement in writing signed bp the
recipient to the effect that he is authorized by the recipient to
receive the drug or preparation in question on behalt of tho
recipient and the supplier is reasonably salisfied that the doat-
ment is a genuine documint.

(2) A person to whom a drug or preparation is lawfully delivered
in the circumstances mentioned in subparagraph (b) of paragraph 1
shall be deemed to be a person authorized to be in possession theteof,
but f a such period only as in the ciKNmstances of the case is rtason-
ably Wcient to enabIe tho delivery to the recipient to be dfected.

6-41) The following persons, that is to say-

(a) duly rqeistered medical praditiicarers;

(b) ngimmd dentists;

(c) pat~ws in charge of laboratories used for the pprpo#r d
march or instnrction and attached to institution% schools. or
oolleges, approved for the purpose of this ragulatian tho
Chief Medical OBlcar;

(d) analysts d&gnatd for the pupose of section 17 of the Food
and Dnqp Ad;

(e) C3ovemwat di~penserrr who are employed or mgagd k d h
pensiq medicines at a public institution;

Cn the Island Chemist, the Government Ckmist and the Govern-
ment Pathologist; and

(g) an authorized veteainary surgeon.
M bereby authorized, w, far as may be necessup for the or
ex& of their mpccth prdcasiona a emplaymenb in theit apcity

&ckmkm d thb p&C m&kd by L.N 286119763

THE DANGEROUS DRUGS REGULATIONS, 1948

as members of their respective classes, to be in possession of drugs
or preparations.

(2) Persons who are members of the classes designated at (a), (e),
and (g) of paragraph (1) are hereby authorized, so far as may be
necessary for the practice or exercise of their respective professions or
employments in their capacity as members of their respective classes.
to supply drugs or preparations.

(3) In this regulation the expression "public institution" means
a public hospital, public dispensary, prison, poor-house or industrial
school.

7 .41) Subject to the provis'o hereinafter contained, persons law-
fully keeping open shop for the retailing of poisons in accordance with
the provisions of the Pharmacy Act are hereby authorized-

(a) to manufacture at the shop in the ordinary course of their
retail business any preparation; and

(b) subject to the provisions of these Regulations, to carry on at
the shop the business of retailing, dispensing or compounding
drugs or preparations :

Provided that such persons have been granted an authority by the
Chief Medical Officer under the Dangerous Drugs (Authorization
Conditions) Regulations. 1948. and notice thereof given in the Gazette.

(2) Every drug or preparation in the actual custody of a person
authorized by virtue of this regulation shall be kept in a locked racep
tacle which can be opened only by him or by some assistant of his
being a chemist and druggist.

8 .41) If any person. being an authorized person within the mean-
ing of these Regulations is convicted of an offence against the Act, or
of an offence against the Pharmacy Act or the Food and Drugs Act, the
Minister may, if he is of opinion that that person ought not to be
allowed to remain an authorized person, by notia in the Gazette
withdraw the authority of that person :

Provided that nothing in this paragraph shall be taken to prejudice
any power otherwise vested in the Chief Medical OEcer of withdraw-
ing any authority granted by him.

(2) Where the person whose authority is withdrawn under para-
graph (1) is a duly registered medical practitioner, a registered dentist
or an authorized veterinary surgeon, the Minister may by notia given in

lnciuJoll ot thir page Ir authorized by L.N 286119761

THE DANGEROUS DRUGS PEGULATIONS, 1948

like manner, direct that it shall not be lawful f a that person to give pre-
scriptions for the purposes of these Regulations.

9.-41) For the purposes of these Regulations a prescription means
a prescription dvecting the supply of a drug or preparation and given
either by a duly registered medical practitioner for the purposes of medi-
cal treatment, or by a registered dentist for the purposes of dental
treatment or by an authorized veterinary surgeon for the purposes of
animal treatment.

(2) A person by whom a premiption is given shall comply with
the following requirements :

The prescription shall--
(a) be in writing and signed by the person giving it with his usual

signawe and dated by him;
(b) epocifj the address of the person giving it;
(c) specify the name and address of the person for whose treat-

ment it is given or, if it is given by a veterinary surgeon, of
the person to whom the article prescribed is to be delivered;

(d) have written thereon, if given by a dentist, the words "For
local dental treatment only", and, if given by a veterinary
surgeon, the words "For animal treatment only";

(e) specify, if it prescribes a preparation contained or compound
of preparations all of which are contained in the British Phar-
macopoeia of the British Pharmaceutical Codex, the total
amount of the preparation or of each preparation, as the case
may be, and in any other case the total amount of the drug
to be supplied;

(j) specify whether it is intended for internal or external use, and
be restricted to not more than would be sdcient for fourteen
days use.

10.-41) A person shall not supply a drug or preparation on a pre-
scription-

(a) unless the prescription complies with the provisions at these
Regulations dating to prescriptions; and

(b) unless he either-

(i) is aquainted with the signature of the permn by whom
it purports to have been given and has no reason to
suppose that it is not genuine; or

indudon of thL paso k .uthorLsd by L.N. 4119161

THE DANGEROUS DRUGS REGULATIONS, 1948

(ii) has taken reasonably suiKicient steps to satisfy himself
that it is genuine.

(2) If a prescription expressly states that it may. subject to the
lapse of a specified interval or of specified intervals, be dispensed a
second or third time, the drug or preparation thereby prescribed may.
as the case may be, be supplied a second or a third time after the
specified interval or intervals, and no more, but subjact as aforesaid, a
prescription shall not, for the purposes of these Regulations be taken
to authorize the drug or preparation presrribed to be supplied more
than once.

(3) The person dispensing a prescription shall, at the time of
dispensing it, mark thereon the date on which it is dispensed, and, in
the case of a prescription which may be dispensed a second or a third
time, the date of each occasion on which it is dispensed, and shall
retain it and keep it on the premises where it is dispensed and so that
it may be available at all times for inspection.

11.-(1) Subject to the provisions of this regulation, no person shall-

(a) supply a drug unless the package or bottle in which it is con-
tained is plainly marked with the amount of the drug contained
therein; or

(b) supply a preparation, unless the package or bottle in which
it is contained is plainly marked-

(i) in the case of a powder, solution, or ointment, with the
total amount themf in the package or bottle and the
percentage of the drug wntained in the powder, solu-
tion, or ointment; or

(i) in the case of tablets or other similar articles, with the
amount of the drug in each article and the number of
the articles in the package or bottle.

(2) This regulation shall not apply in a case where a preparation
is lawfully supplied in accordance with these Regulations by, or on a
prescription lawfully given by, a duly registered medical practitioner

1 2 4 1 ) Every person authorized to supply drugs or preparations
shall comply with the following provisions-

(a) he shall, in accordance with the provisions of this regulation,
k5ep a register in the form set out in the First Schedule and
enter therein true particulars with respect to every quantity

me inclusion of thia page h.autJ~orized by L.N. 4119761

TEE DANGEROUS DRUGS REGULATIONS, 1948

ot any drug or preparation obtained by him and with respect
to every quantity of any drug or preparation supplied by him.
whether to persons within or to persons outside the Island;

(b) he shall use a separate register or separate part of the register
for entries made with respect to each of the classes of drugs
and preparations specified in the Third Schedule. and for this
purpose such drug shall be deemed to comprise its salts and
any preparation, admixture, extract or other substance con-
taining it or its salts;

(c) the required entry shall be made on the day on which the
drug or preparation is received or on which the transaction
with respect to the supply by him of the drug or preparation
takes place, or if that is not reasonably practicable, on the
day next following the said day;

(d) a separate register shall be kept in respect of each set of
premises at which the authorized person cames on business,
and for each department of the business carried on by him;

(e) no cancellation, obliteration or alteration shall be made of an
entry in the register, and any correction of an entry must be
made by way of a marginal note or footnote which must
specify the date on which the correction is made;