Pharmacy act 2007

Enactment Date21 April 2007
Act Number20


Number 20 of 2007


PHARMACY ACT 2007


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Expenses.

4. Repeals and revocations.

PART 2

The Pharmaceutical Society of Ireland

5. Dissolution of old and establishment and membership of new Pharmaceutical Society of Ireland.

6. Status of the Society.

7. Functions of the Society.

8. Additional functions.

9. Ancillary powers.

PART 3

The Council of the Society

10. The Council of the Society.

11. Functions of the Council and their delegation.

12. Codes of conduct: reference to Competition Authority and Ministerial consent.

PART 4

Pharmaceutical Registration System

13. Registers.

14. Procedure and criteria for registration of pharmacists.

15. Registration of persons registered or entitled to be registered under repealed legislation.

16. Qualifications for practice.

17. Procedure and criteria for registration of retail pharmacy businesses.

18. Regulation of retail pharmacy businesses.

19. Inspection of premises of retail pharmacy business for the purposes of section 18.

20. Certificate of registration.

21. Refusal to register: notification and appeal.

22. Maintenance and correction of registers.

23. Evidence as to the registers.

24. Roll of pharmacy students.

PART 5

Offences

25. Interpretation of Part 5.

26. Conduct of retail pharmacy business: offences.

27. Carrying on of retail pharmacy business by natural person or partnership.

28. Carrying on of retail pharmacy business by corporate body.

29. Carrying on of retail pharmacy business by representative.

30. Saving for temporary cover by pharmaceutical assistant.

31. Offence of providing skilled pharmaceutical assistance by unregistered person.

32. Offence of holding oneself out as registered pharmacist or registered druggist.

PART 6

Complaints, Inquiries and Discipline

33. Interpretation of Part 6.

34. Disciplinary committees.

35. Complaints about registered pharmacists.

36. Complaints about registered retail pharmacy businesses.

37. Mediation of complaints.

38. Reference of complaints to preliminary proceedings committee for advice.

39. Action by Council on advice for no further action.

40. Procedure following recommendation for, or decision to take, further action.

41. Notification of referral of complaint to committee of inquiry and of hearing.

42. Hearings: procedure.

43. Hearings: evidence, powers, immunities, offences, etc.

44. Procedure following withdrawal of complaint.

45. Interim suspension of registration.

46. Undertaking and consents.

47. Committee’s inquiry report.

48. Action by Council on report by disciplinary committee.

49. Notification of imposition of disciplinary sanction.

50. Disciplinary sanction to be confirmed by High Court.

51. High Court’s power to cancel, etc. , disciplinary sanction.

52. Confirmation by High Court of disciplinary sanction.

53. Expert evidence on poor professional performance and professional misconduct.

54. Finality of decision of High Court.

55. Notification of decision of High Court.

56. Notification of sanctions, etc. , to Minister.

57. Public notice of sanctions, etc.

58. Absolute privilege for disciplinary proceedings, etc.

59. Cancellation of registration on request.

60. Cancellation of registration on failure to pay fee.

61. Restoration of registration.

62. Removal of conditions imposed under this Part.

63. Prohibition on certain economic relationships between pharmacists or pharmacies and doctors.

64. Prohibitions on carrying on retail pharmacy businesses and medical practices together and on improper recommendations.

65. Saver for certain property interests.

PART 7

Powers of Investigation

66. Definitions.

67. Powers of entry, search, seizure, etc.

68. Samples.

69. Evidence.

70. Indemnification of authorised officers.

71. Functions of Council on receipt of report of investigation by authorised officer.

72. Penalties for offences.

PART 8

Miscellaneous and General

73. Restriction of Apothecaries’ Hall Act 1791.

74. Amendment of Poisons Act 1961.

75. Interpretation of references to pharmaceutical chemists, persons keeping open shop, etc.

76. Codes, rules and regulations.

SCHEDULE 1

The Council and its members and the society’s employees

SCHEDULE 2

Recognition of Professional Qualifications in Pharmacy

SCHEDULE 3

Certificate stating results of test, examination or analysis

SCHEDULE 4

Enactments Repealed


Acts Referred to

Animal Remedies Acts 1993 and 2006

Apothecaries’ Hall Act 1791

31 Geo. 3., c.34

Bankruptcy Act 1988

1988, No. 27

Companies Act 1990

1990, No. 33

Companies Acts 1963 to 2005

Data Protection Acts 1988 and 2003

Ethics in Public Office Act 1995

1995, No. 22

European Communities (Amendment) Act 1993

1993, No. 25

European Parliament Elections Act 1997

1997, No. 2

Family Law (Maintenance of Spouses and Children) Act 1976

1976, No. 11

Irish Medicines Board Act 1995

1995, No. 29

Irish Medicines Board Acts 1995 and 2006

Medical Practitioners Act 1978

1978, No. 4

Misuse of Drugs Act 1977

1977, No. 12

Misuse of Drugs Acts 1977 to 2006

Partnership Act 1890

53 & 54 Vic., c. 93

Pharmacy Act (Ireland) 1875

38 & 39 Vic., c.57

Pharmacy Act, (Ireland) Amendment Act 1890

53 & 54 Vic., c.48

Pharmacy Act 1951

1951, No. 30

Pharmacy Act 1962

1962, No. 14

Pharmacy Acts 1875 to 1977

Poisons Act 1961

1961, No. 12

Poisons Acts 1961 and 1977

Poisons and Pharmacy Act 1908

8 Edw. 7., c. 55

Powers of Attorney Act 1996

1996, No. 12

Sale of Food and Drugs Act 1875

38 & 39 Vic., c.63

Taxes Consolidation Act 1997

1997, No. 39

Trade Marks Act 1996

1996, No. 6


Number 20 of 2007


PHARMACY ACT 2007


AN ACT TO MAKE NEW PROVISION FOR THE REGULATION OF PHARMACY, INCLUDING PROVISION FOR THE DISSOLUTION OF THE PHARMACEUTICAL SOCIETY OF IRELAND AND THE SETTING UP OF A NEW PHARMACEUTICAL SOCIETY OF IRELAND, FOR THE ESTABLISHMENT, CONSTITUTION AND FUNCTIONS OF THE NEW SOCIETY’S COUNCIL, FOR A NEW SYSTEM OF REGISTRATION OF QUALIFIED PHARMACISTS, DRUGGISTS AND PHARMACEUTICAL ASSISTANTS AND OF PHARMACIES, FOR THE CREATION OF CERTAIN OFFENCES RELATING TO PHARMACY AND FOR THE SETTING UP OF NEW PROCEDURES TO ENSURE THAT PHARMACISTS ARE AND CONTINUE TO BE FIT TO PRACTISE AND TO PREVENT PHARMACISTS, PHARMACY OWNERS AND MEDICAL PRACTITIONERS FROM ENTERING INTO CERTAIN INAPPROPRIATE RELATIONSHIPS; AND TO PROVIDE FOR RELATED MATTERS.

[21st April, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General

Short title and commencement.

1.— (1) This Act may be cited as the Pharmacy Act 2007.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

Interpretation.

2.— (1) In this Act—

“Company” means a company within the meaning of the Companies Acts 1963 to 2005;

“Council” means the Council established by section 10 ;

“Directive” means Directive 2001/83/EC of 6 November 2001 on the Community code relating to medicinal products for human use, as amended;

“Enduring power of attorney” means a power of attorney within the meaning of section 2 of the Powers of Attorney Act 1996 , which is an enduring power construed in accordance with section 5 of that Act;

“medicinal product” has the same meaning as in the Directive except that until 30 April 2011 it does not include herbal or homeopathic medicinal products;

“Minister” means the Minister for Health and Children;

“pharmaceutical assistant” means a person who before the coming into operation of section 4 (1) of this 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;

“pharmacy owner” means a person carrying on a retail pharmacy business and, as such, being entitled to the profits and liable to sustain the losses of the business and “pharmacy”, when used with reference to a pharmacy owner, means a retail pharmacy business;

“practice” means the carrying on of practice as a registered pharmacist;

“prescribed” means prescribed by rules made by the Council;

“register” means a register set up and maintained under section 13 and “registered” and connected expressions shall be construed accordingly;

“registered medical practitioner” means a person whose name is entered in the General Register of Medical Practitioners established under the Medical Practitioners Act 1978 ;

“retail pharmacy business” means a business (not being a professional practice carried on by a registered medical practitioner or a registered dentist) which consists of or includes the sale or supply of medicinal products other than medicinal products on a general sales list (whether or not such products on such a list are also sold or supplied in the course of the business);

“sale” means sale by retail;

“the Society” has the meaning assigned to it by section 5 ;

“the old Society” has the meaning assigned to it by section 5 ;

“supply” in relation to a medicinal product, means its supply (other than by way of sale) to a person who receives it for a purpose other than—

(a) selling or supplying it, or

(b) administering it or causing it to be administered to another person,

in the course of a business or profession.

(2) References in this Act to the sale and supply or the sale or supply of a...

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