Medical Preparations (Advertisement and Sale) Regulations, 1958

• Jurisdiction: Ireland
• Citation: IR SI 135/1958
• Year: 1958

S.I. No. 135 of 1958.

MEDICAL PREPARATIONS (ADVERTISEMENT AND SALE) REGULATIONS, 1958.

The Minister for Health, in exercise of the powers conferred on him by sections 5 and 65 of the Health Act, 1947 (No. 28 of 1947) hereby makes the following Regulations :— 1. These Regulations may be cited as the Medical Preparations (Advertisement and Sale) Regulations, 1958. 2. In these Regulations :

" the Minister " means the Minister for Health ;

" scheduled " means included in the Schedule to these Regulations ;

" British Pharmaceutical Codex " means the book published under that name by the Pharmaceutical Society of Great Britain ;

" local authority " means any of the following bodies—

(a) a health authority

(b) a board of assistance or board of public assistance

(c) a mental hospital authority

(d) a joint board established under section 45 of the Health Act, 1953 (No. 26 of 1953)

(e) the Dublin Fever Hospital Board. 3.—(1) These Regulations (except Article 6) shall come into operation on the 1st day of July, 1958.

(2) Article 6 of these Regulations shall come into operation on the 1st day of July, 1959. 4.—(1) Subject to the provisions of this Article, no person shall take any part in the publication of an advertisement referring to any medical preparation in a manner which might lead to the use of such preparation in the diagnosis, prevention or treatment in human beings of a scheduled ailment, infirmity, injury or defect or of any form of a scheduled ailment, infirmity, injury or defect.

(2) A person taking part in the publication of an advertisement to which sub-article (1) of this Article applies shall be deemed not to have contravened that sub-article where the advertisement was published in such circumstances that he did not know and could not by the exercise of reasonable care have known that he was taking part in the publication thereof.

(3) Sub-article (1) of this Article shall not apply in relation to an advertisement which—

(a) was published in an imported book, periodical, newspaper or other publication and referred to a medical preparation which is not sold or intended for sale in the State or to persons resident in the State or

(b) was published by a local authority or by or with the consent of the Minister or

(c) was published in such a manner and only so far as was reasonably necessary to bring it to the notice of a person of any of the following classes :

(i) members of either House of the Oireachtas ;

(ii) local authorities ;

(iii) members of the governing body of a hospital or similar institution ;

(iv) registered medical practitioners or registered dentists ;

(v) nurses, within the meaning of the Nurses Act, 1950 (No. 27 of 1950) ;

(vi) persons registered in any of the registers of the Pharmaceutical Society of Ireland ;

(vii) persons undergoing training with a view to becoming members of any of the classes of persons specified in sub-paragraphs (iv) to (vi) of this paragraph. 5. Where a person has been found guilty of an offence by contravening Article 4 of these Regulations in respect of the...