Pharmaceutical Society of Ireland (Registration) Rules 2008

• Published date: 02 December 2008
• Statutory Instrument No.: 494/2008

The Council of the Pharmaceutical Society of Ireland, in exercise of the functions conferred on the said Society by section 11 of the Pharmacy Act 2007 (No. 20 of 2007), hereby makes the following rules.

Dated this 28 day of November 2008

BERNARD LEDDY

President

AMBROSE McLOUGHLIN

Registrar

I consent to the making of these Rules.

GIVEN under my Official Seal,

28 November 2008

MARY HARNEY,

Minister for Health and Children.

S.I. No. 494 of 2008

PHARMACEUTICAL SOCIETY OF IRELAND (REGISTRATION) RULES 2008

ARRANGEMENT OF REGULATIONS

PART 1

GENERAL PROVISIONS

1. Citation.

2. Commencement.

3. Interpretation.

4. Translation of documents.

5. Methods, time and proof of delivery of communication.

6. Date of registration for those persons transferred from the old Registers.

PART 2

INFORMATION TO BE RECORDED IN THE REGISTERS

7. Information to be recorded in the Register of Pharmacists.

8. Information to be recorded in the Register of Druggists.

9. Information to be recorded in the Register of Pharmaceutical Assistants.

10. Information to be recorded in the Register of Retail Pharmacy Businesses.

PART 3

APPLICATIONS FOR REGISTRATION

11. Prescribed requirements for applications for registration and continued registration in the Register of Pharmacists.

12. Prescribed requirements for registration in the Register of Pharmaceutical Assistants.

PART 4

CERTIFICATES OF REGISTRATION

13. Format of certificates of registration for pharmacists.

14. Requirement for and format of certificates of registration for pharmaceutical assistants.

15. Format of certificates of registration for a retail pharmacy business.

PART 5

REMOVAL FROM REGISTERS

16. Removal of registration for failure to make application for continued registration.

17. Removal of registration for failure to pay a fee.

PART 6

THIRD COUNTRY QUALIFICATIONS AS PHARMACISTS

18. Recognition of third country qualifications as qualifications appropriate for practice.

19. Applications for recognition of third country qualifications as qualifications appropriate for practice.

SCHEDULE 1

Particulars to be contained in or to accompany an application for registration in Part A of the Register of Pharmacists

SCHEDULE 2

Particulars to be contained in or to accompany an application for continued registration in Part A of the Register of Pharmacists

SCHEDULE 3

Particulars to be contained in or to accompany an application for continued registration in the Register of Pharmaceutical Assistants

SCHEDULE 4

Particulars to be contained in or to accompany an application for recognition of a third country qualification as a qualification appropriate for practice

S.I. No. 494 of 2008

PHARMACEUTICAL SOCIETY OF IRELAND (REGISTRATION) RULES 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd December, 2008.

The Council of the Pharmaceutical Society of Ireland, in exercise of the functions conferred on the said Society by section 11 of the Pharmacy Act 2007 (No. 20 of 2007), hereby makes the following rules:—

PART 1 GENERAL PROVISIONS

Citation

1. These Rules may be cited as the Pharmaceutical Society of Ireland (Registration) Rules 2008.

Commencement

2. These rules shall come into force on 29 November 2008.

Interpretation

3. (1) In these Rules—

‘Act’ means the Pharmacy Act 2007 (No. 20 of 2007) as amended by the European Communities (Recognition of Professional Qualifications relating to the Profession of Pharmacist) (No. 2) Regulations 2008 ( S.I. No. 489 of 2008 );

‘adaptation period’ has the same meaning as in subsections (8) and (10) of section 16 of the Act;

‘certificate of registration’ means a certificate of registration which is for the time being in force and which has been issued under section 20(1) of the Act or, in the case of a pharmaceutical assistant, under Rule 14(1). Such certificate includes a certificate of continued registration issued under section 20(2) or, as the case may be, under Rule 14(2);

‘Council’ means the Council established pursuant to section 10 of the Act;

‘old Society’ has the meaning assigned to it in section 5(1) of the Act;

‘personal registers’ has the meaning assigned to it in section 13(1)(b) of the Act;

‘pharmaceutical assistant’ means a person who, before the coming into operation of section 4(1) of the Act, was competent, under section 19 of the Pharmacy Act (Ireland), Amendment Act 1890, to transact the business of a pharmacist in his or her temporary absence;

‘Professional Qualifications Directive’ means Directive 2005/36/EC of 7 September 2005 on the recognition of professional qualifications, as amended by Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons by reason of the access of Bulgaria and Romania;

‘Professional Qualifications Regulations’ means the European Communities (Recognition of Professional Qualifications relating to the Profession of Pharmacist) (No. 2) Regulations 2008 ( S.I. No. 489 of 2008 );

‘Professional Registration Examination’ means the examination conducted in accordance with Part 5 of the Pharmaceutical Society of Ireland (Education and Training) Rules 2008 ( S.I. No. 493 of 2008 );

‘qualification appropriate for practice’ has the meaning assigned to it in section 16 of the Act;

‘registered druggist’ means a person whose name is entered in the Register of Druggists;

‘Register of Pharmacists’, ‘Register of Druggists’, ‘Register of Pharmaceutical Assistants’ and ‘Register of Retail Pharmacy Businesses’ mean the respective registers established under section 13(1) of the Act;

‘registered pharmacist’ means a person whose name is entered in the Register of Pharmacists;

‘registrant’ means a person whose name is entered in the Register of Pharmacists or in the Register of Pharmaceutical Assistants or who is the owner of a retail pharmacy business to which an entry in the Register of Retail Pharmacy Businesses relates;

‘Registrar’ means the Registrar of the Pharmaceutical Society of Ireland, appointed pursuant to paragraph 13(1) of Schedule 1 to the Act;

‘registration number’ means the number assigned as part of the relevant entry in the personal register or as the case may be in the Register of Retail Pharmacy Businesses;

‘relevant state’ means—

(a) a Member State,

(b) a state that is a contracting state to the EEA agreement within the meaning given by the European Communities (Amendment) Act 1993 (other than a member state or the State),

(c) the Swiss Confederation;

‘statutory declaration’ has the meaning assigned to it in the Statutory Declarations Act 1938 (No. 37 of 1938) (as amended);

‘superintendent pharmacist’ means a registered pharmacist acting in the capacity specified in section 27(b), 28(a) or 29(b) of the Act, who is in personal control of the management and administration of the sale and supply of medicinal products, either where such control is exercised in respect of a single retail pharmacy business or in respect of a number of such businesses;

‘supervising pharmacist’ means a registered pharmacist acting in the capacity specified in section 27(c), 28(b) or 29(c) of the Act and who is in whole-time charge of carrying on the retail pharmacy business at the premises of the said business;

‘visiting pharmacist from another relevant state’ means a person to which section 24B(2) of the Act (as inserted by Regulation 9 of the Professional Qualifications Regulations) refers.

(2) In these Rules, unless the context otherwise requires, any reference to a Rule or Schedule shall be construed as a reference to a Rule contained in these Rules or to a Schedule thereto, any reference to a Part shall be construed as a reference to a Part contained in these Rules, and any reference in a Rule or in a Schedule to a paragraph shall be construed as a reference to a paragraph in that Rule or Schedule.

(3) For the purposes of these Rules, that Part of the Register of Pharmacists other than Part B (as created by section 24B of the Act) shall be known as Part A of the said Register.

Translation of documents

4. Where in an application made under Part 3 or Part 6, a document is not in the English or Irish language, the Registrar may require that a translation of that document be provided which shall be translated by a professional translator acceptable to him or her.

Methods, time and proof of delivery of communication

5. (1) Unless otherwise specified in any given case, all notices and other communications under these Rules may be made either—

(a) personally,

(b) by post or hand delivery to the recipients usual address and where the recipient is a registrant, his or her address as it appears in the relevant register,

(c) by email or electronic transmission to the recipient’s email address and where the recipient is a registrant, to his or her email address which has been notified to the Society, or

(d) by facsimile transmission to the recipient’s facsimile number notified in advance by or on behalf of the recipient to the sender.

(2) Unless otherwise proved to the satisfaction of the Council such notice or other communication shall be deemed to have been received—

(a) where sent by ordinary post, at 10 a.m. on the second working day after it was sent;

(b) where sent by hand delivery, at the time of delivery; or

(c) where sent by email, electronic transmission or facsimile transmission, at the time of transmission, except where the transmission is after 6 p.m. on any day or is on a weekend, and the recipient is affected by time limits in making a response, in which case the time of receipt shall be deemed to be 10 a.m. on the next working day.

(3) Where a dispute arises as to the fact or time of service of any notice...