Health (family planning) (amendment) act, 1992

• Act Number: 20
• Enactment Date: 23 July 1992

Number 20 of 1992
HEALTH (FAMILY PLANNING) (AMENDMENT) ACT, 1992
ARRANGEMENT OF SECTIONS
Section 1. “Principal Act”. 2. “Contraceptive”. 3. Amendment of section 9 of Principal Act. 4. Control of sale and supply of contraceptives. 5. Supply of contraceptive sheaths. 6. Provisions relating to importers and manufacturers. 7. Amendment of section 65 of Health Act, 1947. 8. Family planning services. 9. Short title, collective citation and construction.
Acts Referred to Pharmacy Acts, 1875 to 1977 Health Act, 1947 1947, No. 28 Health (Family Planning) Act, 1979 1979, No. 20 Health (Family Planning) (Amendment) Act, 1985 1985, No. 4
Number 20 of 1992
HEALTH (FAMILY PLANNING) (AMENDMENT) ACT, 1992
AN ACT TO AMEND AND EXTEND THE HEALTH (FAMILY PLANNING) ACT, 1979 , TO AMEND SECTION 65 OF THE HEALTH ACT, 1947 , AND TO PROVIDE FOR RELATED MATTERS. [23rd July, 1992]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	“Principal Act”.	1.—In this Act “the Principal Act” means the Health (Family Planning) Act, 1979 .
	“Contraceptive”.	2.—Section 1 of the Principal Act is hereby amended by the substitution for the definition of “contraceptive” of the following definition:
	“‘contraceptive’ means any appliance or instrument, including contraceptive sheaths, prepared or intended to prevent pregnancy resulting from sexual intercourse between human beings;”.
	Amendment of section 9 of Principal Act.	3.—Section 9 of the Principal Act is hereby amended by the deletion of “that do not relate to the use of contraceptives”.
	Control of sale and supply of contraceptives.	4.—(1) Subject to sections 5 and 6 of this Act, a person shall not sell contraceptives unless—
	(a) the sale is in accordance with regulations for the purposes of this section relating to the sale of contraceptives, and
	(b) (i) (I) the person is a person keeping open shop for the dispensing or compounding of medical prescriptions in accordance with the provisions of the Pharmacy Acts, 1875 to 1977, and the sale is effected by or under the supervision of a registered pharmaceutical chemist, a registered dispensing chemist and druggist or a licentiate of Apothecaries Hall, and the sale is made at the place where such open shop is kept, or
	(II) the person is a registered medical practitioner and the sale is made at a place where he ordinarily carries out his professional duties, or
	(III) the person is an employee of a health board acting as such and the sale is made at a health institution, or
	(IV) the person is, or is the servant or agent acting as such of, a person making available a family planning service in accordance with section 3 (3) of the Principal Act and the sale is made at the place where that service is being made available, or
	(V) the person is an employee acting as such of a hospital and the sale is made at the hospital,
	and
	(ii) the person to whom the contraceptives are sold is over the age of 17 years or married or is named in a prescription or authorisation in writing for the contraceptives of a registered medical practitioner, or
	(c) (i) the person is, or is a servant or agent acting as such of, a person who holds a licence granted to him under section 5 or 6 of the Principal Act and for the time being in force and the sale is in accordance with the licence, and
	(ii) the sale is to a person specified in paragraph (b) (i) of this subsection.
	(2) A person shall not supply contraceptives otherwise than by way of sale under and in accordance with this Act, save as may be specified in regulations.
	(3) Where the Minister prescribes standards for contraceptives by regulations, a person shall not supply contraceptives which do not comply with the regulations.
	(4) A person who contravenes this section, or regulations for the purposes of this section...