Pharmacy Amendment Act
GOVERNMENT GAZETTE
OF THE REPUBLIC OF SOUTH AFRICA
REPUBLIEK VAN SUID-AFRIKA
STAATSKOERANT
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VOL. 240
No.1336.
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CAPE TOWN, 19 JUNE 1985
KAAPSTAD, 19 JUNIE 1985 No. 9801
STATE PRESIDENT'S OFFICE KANTOOR VANDIESTAATSPRESIDENT
19June1985 No.1336. 19 Junie 1985
It is hereby notified that the State President has assented to the following Act which is hereby published for general information:-
Hierby word bekend gemaak dat die Staatspresident sy goedkeuring geheg het aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:-
tp. 69 of 1985: Pharmacy Amendment Act, 1985. No. 69 van 1985: Wysigingswet op Aptekers, 1985.
2 No. 9801 GOVERNMENTGAZETTE:l9JUNE:;T;9/ti · ' .,., .... - ... ~.:.~.--~~.'·'-'(•>:".'.!'' -'---------------------....C:::C"-'=.......,...... .. ;,;;-.. ";;.;;-_ .. _,~·--·
. Act No. 69, 1985 PHARMACY AMENDMENT ACT;1985
GENERAL EXPLANATORY NOTE:
[
Amendment of section 1 of Act 53 of 1974; as amended by section 1 of Act 20 of 1979 and section 1 of Act 20 of 1983.
Substitution of section 2 of Act 53 of 1974.
] Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with solid line indicate insertions in existing enactments.
ACT To amend the Pharmacy Act, 1974, so as to change the name of
the South African Pharmacy Board to the South African Pharmacy Council and to alter the constitution of that body; to provide for close corporations to carry on business as pharmacists and for the recognition by the South African Pharmacy Council of qualifications for registration as a pharmacist's assistant, as well as certain additional qualifica- tions acquired by pharmacists; and to provide· for the pay- ment of annual fees by pharmacies to be determined by regu- lation and to validate certain regulations; and to provide for matters connected therewith.
(Afrikaans text signed by the State President.) (Assented to 12 June 1985.)
BE IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:-
1. Section 1 of the Pharmacy Act, 1974 (hereinafter referred to as the principal Act), is hereby amended-
( a) by the insertion after the definition of "board" of the 5 following definition: '"corporation' means a close corporation contemplated
in the Close Corporations Act, 1984 (Act No. 69 of 1984);";
(b) by the substitution for the definition of "Minister" of 10 the following definition: "'Minister' means the Minister of Health and Wel-
~;";and (c) by the deletion of the definition of "veterinarian".
2. The following section is hereby substituted for section 2 of 15 the principal Act:
"Continued 2. (1) The South African Pharmacy Board estab- existence of lished by section 2 of the Medical, Dental and Phar- Sou~hAfn- macy Act, 1928 (Act No. 13 of 1928), shall, notwith- ~!rd.armacy standing the provisions of section 52 (1) of this Act, 20
continue to exist under the name of the South Afri- can Pharmacy Council and to be a body corporate.
(2) The head office of the [board] ~ shall be situated in Pretoria.".
4 No. 9801
Act No. 69, 1985
Amendment of section 5 of Act 53 of 1974, as amended by section2of Act 20 of 1979.
Amendment of section 6 of Act 53 of 1974.
Amendment of section 7 of Act 53 of 1974.
GOVERNMENT GAZETTE, 19JUNE 1985
PHARMACY AMENDMENT ACT, 1985
3. Section 5 of the principal Act is hereby amended- ( a) by the substitution for paragraph (a) of subsection (1)
of the following paragraph: "(a) [five]~ persons appointed by the Minister, of
whom- 5 (i) [four] ~ shall be pharmacists, [two] f2!!!: of
whom shall each be a member of the, staff of a university or a technikon (but not members of the same staff) at which provision is made for the training of pharmacists; 10
(ii) one shall be a person who is not registered under this Act or the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), orthe Nurs- ing Act, 1978 (Act No. 50 of 1978);"; 15
(b) by the deletion of paragraph (f) of subsection (1); and (c) by the substitution for subsection (3A) of the following
subsection: "(3A) (a) Not less than three months prior to the
date of expiry of the term of office of the members 20 of the [board] council, the South African Medical and Dental Council referred to in subsection (1) (c) and the South African Nursing Council refer- red To'Tn subsection (1) (d) [and tbe Association of Technical Colleges in the Republic of South Africa 25 referred to in subsection 1 (j)] shall inform the registrar in writing of the names of the' persons ap- pointed by them in terms of the provisions of sub- section (1).
(b) If the said South African Medical and Dental 30 Council or South African Nursing Council [or As- sociation of Technical Colleges in the Republic of South Africa] fails to make an appointment in terms of the provisions of subsection (1), or to in- form the registrar, as required in paragraph (a), of 35 the names of the persons appointed by them, the Minister shall make the necessary appointment, and any appointment so made by the Minister shall be deemed to have been properly made in terms of the appropriate paragraph of subsection (1).". 40
4. Section 6 of the principal Act is hereby amended by the substitution for paragraph (a) of subsection (2) of the following paragraph:
"(a) on such date prior to the election referred to in subsec- tion (1) as he may deem expedient, request the South 45 African Medical and Dental Council referred to in sec- tion 5 (1) (c) and the South African Nursing Council referred to in section 5 (1) (d) each to appoint a mem- ber in terms of the provisions of that section, where- upon the said [Council] Councils shall appoint such 50 member and inform the registrar of the name of the member so appointed;".
5. Section 7 of the principal Act is hereby amended by the substitution for paragraph (g) of subsection (1) of the following paragraph: 55
"(g) being an elected member, he tenders his resignation in writing to the registrar or if, being a member appointed by the Minister, he ceases to hold any qualification necessary for his appointment or tenders his resignation in writing to the Minister and the Minister accepts his 60 resignation or if, being a member appointed by the
6 No. 9801
Act No. 69, 1985
Amendment of section 14 of Act 53 of 1974, as amended by section 5 of Act 20 of 1979.
Amendment of section 21 of Act 53 of 1974, as substituted by section 8 of Act 20 of 1979 and amended by section 1 of Act 39 of 1982.
Amendment of section 22 of Act 53 of 1974, as amended by section 9 of Act 36 of 1977, section 9 of Act 20 of 1979 and section 2 of Act 39 of 1982.
Amendment of section 22A of Act 53 of 1974, as inserted by section 10 of Act 36 of 1977.
GOVERNMENT GAZETTE, 19 JUNE 1985
PHARMACY AMENDMENT ACT, 1985
South African Medical and Dental Council referred to in section 5 (1) (c) or the South African Nursing Coun- cil referred to in section 5 (1) (d), he tenders his resig- nation in writing to [that] ~council in question; or".
6. Section 14 of the principal Act is hereby amended- 5 (a) by the substitution for paragraph (e) of subsection (1)
of the following paragraph: " (e) a register of bodies corporate in which shall be en-
tered the name, address, registration number and date of registration of every body corporate (other 10 than a corporation) carrying on business as a phar- macist in terms of this Act, as well as the name of the managing director referred to in section 22 (1) (a);"; and
(b) by the insertion after the said paragraph (e) of the fol- 15 lowing paragraph:
"(eA) a register of corporations in which shall be en- tered the name, address, registration number an date of registration of every corporation carrying on business as a pharmacist in terms of this Act, as 20 well as the name of the manager contemplated in section22B (1) (a);".
7. (1) Section 21 of the principal Act is hereby amended- ( a) by the substitution for subsection (1) of the following
subsection: 25 "(1) Any person who has either obtained credit for
the first year of study for a degree or diploma in phar- macy at an institution approved by the [board] council and who is registered as a pharmacy student, or who has served as an indentured apprentice to a pharmacist 30 within the Republic in terms of the provisions of sec- tion 27 of the Medical, Dental and Pharmacy Act, 1928 (Act No. 13 of 1928), for such period as the [board] ~ may determine, or who is in possession of a qualification contemplated in subsection (3),_r!lay, on 35 payment of the prescribed fee, be registered as a phar- macist's assistant."; and
(b) by the addition of the following subsection: "(3) The council may by notice in the Gazette make
rules regarding the recognition by the council of a qua- 40 lification acquired in the Republic entitling the holder thereof to be registered as a pharmacist's assistant, and the conditions subject to which such registration may take place.".
(2) Subsection (1) is deemed to have come into oper- 45 ation on 1 January 1984.
8. Section 22 of the principal Act is hereby amended by the substitution for the words preceding paragraph (a) of subsection (1) of the following words:
"(1) Notwithstanding anything to the contrary contained 50 in this Act, a body corporate (other than a corporation) may carry on business in the Republic as a pharmacist on the following conditions, but not otherwise-".
9. Section 22A of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: 55
"(1) [As from the commencement of the Health Laws Amendment Act, 1977] No body corporate, other than a body corporate which complies with the provisions of sec- tion 22 (6) or 22B (1) (f), shall open, purchase or otherwise acquire a pharmacy in which the business of a retail phar- 60 macy is carried on, or acquire any share in such phar- macy.".
8 No. 9801
Act No. 69, 1985
Insertion of section 22B in Act 53 of 1974.
GOVERNMENT GAZETTE, 19 JUNE 1985
PHARMACY AMENDMENT ACT, 1985
10. The following section is hereby inserted in the principal Act after section 22A:
''Corporation carrying on business as pharmacist.
22B. (1) Notwithstanding anything to the contrary contained in this Act, a corporation may carry o business as a pharmacist in the Republic on the fol 5 lowing conditions: (a) (i) The corporation shall have as the manage
of its business in the Republic a pharmacis who resides in the Republic and who is no engaged in a pharmacy business which does 10 not belong to the said· corporation either alone or in partnership with another person;
(ii) the manager may be a director (excluding managing director) of a body corporate re ferred to in section 22;
(iii) the manager may with the prior written con sent of the council perform an act contem plated in section 29 (2) in a pharmacy whic does not belong to the corporation of which he is manager; 20
(b) the council may cancel any registration contem plated in section 14 (1) (eA) and the certificate issued in respect thereof if- (i) the manager contemplated in paragraph (a)
ceases to comply with any of the require- 25 ments set out in that paragraph, or ceases t be manager of the pharmacy business of the corporation in the Republic or to act as such;
(ii) after an inquiry held under section 39, the 30 council finds that a member of the corpor- ation who is a pharmacist or the corporation itself has contravened any provision of this Act·
(iii) the 'corporation disposes of the whole or 35 any part of its interest in the retail phar- macy business in respect of which it is registered under section 14 (1) (eA) to any person other than a pharmacist, or if any person other than a pharmacist acquires an 40 interest in the corporation carrying on busi- ness as a retail pharmacist; or
(iv) the corporation, subject to the provisions o subsection ( 4) (c), no longer complies with the provisions of paragraph (f); 45
(c) a corporation shall not carry on business as a pharmacist unless it and its manager are regis- tered under section 14 (1) (eA) and unless the person who is registered as manager in fact man- ages the business of the corporation and com- 50 plies with the requirements set out in paragraph (a) in respect of such manager: Provided that the corporation may nevertheless carry on the business of a pharmacist for a period of 30 days from the time when the said person ceases 55 to be manager, or to act as such, or ceases in fact to manage the business of the corporation, or is for any cause unable to act as manager, o ceases to comply with the requirements set out in paragraph (a); 60
(d) the name of a corporation carrying on business as a retail pharmacist shall, subject to the pq>Vi- sions of the Close Corporations Act, 1984 (Act No. 69 of 1984), consist solely of the name or names of any of the members or former mem- 65 bers of the corporation or of a company which has been converted into such a corporation, or of persons who carried on, either for their own
10 No.9801
Act No. 69, 1985
GOVERNMENT GAZETTE, 19JUNE 1985
PHARMACY AMENDMENT ACf, 1985
account or in partnership, any pharmacy busi- ness which may reasonably be regarded as the predecessor of the business of the corporation;
(e) every pharmacy in which such a corporation car- ries on business shall be conducted under the 5 continuous personal supervision of a pharmacist whose name shall be displayed conspicuously over the main entrance of that pharmacy;
(f) (i) only a natural person who is a pharmacist may hold a member's interest in such a cor- 10 poration: Provided that if that person dies or ceases to qualify so to hold an interest in the corporation, any member's interest held by him prior to his decease or disqualifica- tion, may continue to be held by his estate 15 or by him, as the case may be, for a period of 12 months from his decease or disquali- fication or for such longer period as the council may determine;
(ii) no votingrights, except in respect of a res- 20 olution enabling the corporation to comply with the provisions of this section or to dis- pose of its undertaking or assets or any part thereof, shall attach to any interest held in terms of the proviso to subparagraph (i). 25
(2) A corporation, other than a corporation con- templated in subsection (4), desiring to be registered as a corporation entitled to carry on business as a pharmacist in terms of this section, shall in the pre- scribed manner, specifying the prescribed particulars, 30 apply to the council for registration.
(3) If any person who holds a member's interest in a corporation contemplated in this section, disposes of that interest or any part thereof to any person who is not a member of the corporation, or if any person 35 who is not a member of the corporation, acquires a member's interest in the corporation, the manager of the corporation shall within 30 days after the time of that disposal or acquisition inform the registrar in writing of the name and address of each person to 40 whom that interest has been disposed of or who has acquired that interest, as the case may be.
(4) (a) A company which at the commencement of this section carried on business as a pharmacist in terms of this Act and which after that com- 45 mencement, while so carrying on business, is converted into a corporation, may, if it complies with the conditions in respect of a corporation stated in this subsection, continue to carry on business as a pharmacist. 50
(b) If the manager of such a converted corporation within 60 days after that conversion submits to the registrar- (i) a copy of the founding statement of the cor-
poration; 55 (ii) a list of the names and addresses of the
members of the corporation stating which of those members are pharmacists;
(iii) the name and address of the manager of the corporation; 60
(iv) the original registration certificate issued in terms of section 14 (1);
(v) proof to the satisfaction of the registrar that the person or persons holding an interest in the corporation is or are the same person or 65
12 No.9801
Act No. 69, 1985
Amendment of section 28 of Act 53 of 1974, as substituted by section4 of Act20of1983.
GOVERNMENTGAZEITE, 19JUNE 1985
PHARMACY AMENDMENT ACf, 1985
persons who was or were a shareholder or shareholders of the body corporate so con- verted and the percentage interest in the corporation of each such person or each o such persons is the same as his or their per- 5 centage shareholding in the body corporate so converted,
the registrar shall register that corporation as a cor- poration that may carry on business as a pharmacist in the Republic. 10 (c) The provisions of subsection (1) (b) (iv) and
(f) do not apply to a corporation which has been converted in terms of paragraph (a) and which prior to that conversion was not obliged in terms of section 22 to comply with the provisions of 15 section 22 (6).
(5) A manager contemplated in subsection (1) (a) shall be responsible to the council for any act per- formed by or on behalf of the corporation in ques- tion (including any omission to perform an act re- 20 quired to be performed by or on behalf of the corporation in question) which may involve discipli- nary action by the council in terms of Chapter V, un- less he satisfies the council that the responsibility for that act rests upon a pharmacist other than himself 25 employed by the corporation.
( 6) A contraventi.on of or failure to comply with any provision of this section, or a refusal or failure to answer any enquiry made by or on behalf of the council as to the name of the manager or any mem- 30 ber of, or of any other person employed by, a cor- poration contemplated in this section, shall be an of- fence, and a person shall on conviction thereof be li- able to a fine nut exceeding R500. " .
11. Section 28 of the principal Act is hereby amended- 35 (a) by the substitution for subsection (1) of the following
subsection: "(1) (a) The [Minister] council may from time to
time[on the recommendation of the board, pre- scribe] by notice in the Gazette make rules provid- 40 ing for the recognition by the council of the de- grees, diplomas or certificates which may be registered as additional qualifications, [and the specialities .which may be registered as specialities] and only qualifications [and specialities] so [pre- 45 scribed] recognized shall be registrable under this section.
b The Minister rna from time to time, on the rec- ommendation of the council, prescribe the speciali- ties which may be registered as specialities, and 50 only specialities so prescribed shall be registrable under this section.";
(b) by the substitution for subsection (2) of the following subsection:
"(2) Any person who desires to have a degree, diplo- 55 rna or certificate other than the degree, diploma or certificate by virtue of which he has in the first instance been registered, or who desires to have a prescribed speciality contemplated in subsection (1), registered, shall apply to the registrar, submitting such docu- 60 mentary proof that he holds the additional qualification in question as the board may require, or, in the case of an application for registration of a speciality, submit- ting proof that he complies with the prescribed require- ments, and if the registrar is satisfied that such ad- 65 ditional qualification is a degree, diploma or certificate
14 No. 9801
Act No. 69, 1985
Amendment of section 35 of Act 53 of 1974, as amended by section 11 of Act20of1979.
Amendment of section 36 of Act53of1974.
Amendment of section 49 of Act 53 of 1974, as amended by section 11 of Act 36 of 1977, section 18 of Act 20 of 1979 and section 5 of Act 20 of 1983.
GOVERNMENT GAZEITE, 19 JUNE 1985
PHARMACY AMENDMENT ACT, 1985
[prescribed] recognized in terms of subsection (1), or, in respect of a spectality, that such speciality has been prescribed and that the prescribed requirements have been complied with, he shall, upon payment of the pre- scribed fee, cause such degree, diploma or certificate, 5 or speciality, as the case may be, to be entered in the register.".
12. Section 35 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:
"(2) S,ubject to the provisions of [section] sections 22 ~ 10 22B, any member of a partnership, society or other associa- ~ of persons the members of which are not each individ- ually registered as a pharmacist, who uses in respect of such partnership, society or association of persons any name, title, description, symbol or descriptive term referred to in 15 section 29 (1), shall be guilty of an offence and on convic- tion liable to a fine not exceeding five hundred rand or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment: Provided that any name, title, description, symbol or descriptive term lawfully 20 used in respect of such partnership, society or association of persons immediately ·prior to the date of commencement of this Act may be continued to be so used for a period to be determined by_ the Minister after consultation with the [board] council, and notified in the Gazette.". 25
13. Section 36 of the principal Act is hereby amended by the substitution for paragraph (a) of subsection (2) of the following paragraph:
"(a) the inclusion in the name, title or description of any . pharmacy business of the surname of an owner thereof, 30 or, in the case of such a business wholly owned by a body corporate referred to in section 22 ~' of the surname of any director thereof or of a member of the corporation, as the case may be, who is a pharmacist;".
14. Section 49 of the principal Act is hereby amended- 35 (a) by the substitution for paragraph (a) of subsection (1)
of the following paragraph: " (a) the practice of pharmacy, the conduct of the busi-
ness of a pharmacist, [and] the tariff of fees pay- able to a pharmacist in respect of professional ser- 40 vices rendered by him and the tradin activities of a pharmacist, including the goods or class of goods in which the pharmacist may not deal on the prem- ises where the business of a pharmacist is con- ducted·" · · 1 _,,
(b) by the substitution for paragraph (d) of subsection (1) of the following paragraph:
"(d) any fees payable under this Act (including annual fees in respect of any pharmacy or fees in respect of the registration of any pharmacy or of any per- 50 son as a pharmacist intern, pharmacy student, pharmaceutical technician, pharmacist's assistant or pharmaceutical auxiliary personnel member or of a body corporate carrying on business as a phar- macist or of a managing director of any such body 55 corporate or of a manager of a corporation) and exemption from the payment of any such fees;"; and
16 No. 9801
Act No. 69, 1985
Substitution of "board" in Act 53 of 1974.
Validation of cer- tain regulations.
Short title and com- mencement.
GOVERNMENTGAZEITE, 19JUNE1985
PHARMACY AMENDMENT ACf, 1985
(c) by the substitution for paragraph (g) of subsection (1) of the following paragraph:
"(g) the information to be furnished to the registrar by pharmacists, including pharmacists who are owners or managers of pharmacies or directors of bodies 5 corporate or members or managers of corporations carrying on business in the Republic as pharma- cists;".
15. (1) The principal Act is hereby amended by the substitu- tion for the word "board" wherever it occurs, except in section 10 2, of the word "council".
(2) The South African Pharmacy Council mentioned in section 2 (1) of the principal Act is for all purposes deemed to be and at all times to have been the South African Pharmacy Board con- templated in the said section 2 (1) before the substitution there- 15 of by section 2 of this Act, and any reference in any law or else- where to the South African Pharmacy Board shall be construed accordingly.
16. Any regulation purporting to have been made before the commencement of this Act under section 49 of the principal Act 20 and which could have been made under that section as amended by section 15 of this Act, is deemed to have been made at the commencement of this Act and to be in force from that date.
17. (1) This Act is called the Pharmacy Amendment Act, 1985, and comes into operation, except in the case of section 7, 25 on a date fixed by the State President by proclamation in the Gazette.
(2) Different dates may be so fixed in respect of different pro- · visions of this Act.