*REGISTRATION OF PHARMACISTS ACT 1951

This Act shall apply *only to the States of Peninsular Malaysia.

Interpretation

the Director General of Health ex officio;

the Director of Pharmaceutical Services ex officio;

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eight registered pharmacists in the public service, appointed by the Minister;

three registered pharmacists from any higher educational institution offering a course or programme in pharmacy, appointed by the Minister;

two registered pharmacists not in the public service, appointed by the Minister; and

three registered pharmacists not in the public service, nominated by the association representing pharmacists in private practice, approved and appointed by the Minister, who shall be citizens of Malaysia.

The period of appointment of members, other than ex officio members, shall be three years, but such members shall be eligible for reappointment.

Notwithstanding subsection (2), the Minister may, at any time, at his discretion, suspend or terminate the appointment of any member of the Board, other than an ex officio member, and may appoint another person in his place or in the place of any member who retires or who, for the time being, is unable to act or who is absent from three consecutive meetings of the Board without such excuse as may seem reasonable to the Minister:

Provided that where any member of the Board has been nominated in accordance with any of the provisions of subsection (1), the Minister shall not appoint any person in his place other than a person duly nominated in the same manner as such member.

All acts done by the Board shall, notwithstanding any vacancy in the Board or that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member thereof, be as valid as if no such vacancy or defect had existed.

For the purpose of subsection (1), “citizens of Malaysia” shall not include permanent residents of Malaysia.

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President and meetings of the Board

In the absence of the President from any meeting, the members present shall elect one of their number to be Chairman.

The Chairman at any meeting shall have an original vote and also, if upon any question the votes are equally divided, a casting vote.

The Board shall meet at such places and times as the President may appoint and at any meeting nine members shall form a quorum.

Register of pharmacists

any of the qualifications specified in the First Schedule; or

a qualification in pharmacy, other than the qualifications referred to in paragraph (a), deemed suitable for registration by the Minister after consulting the Board.

Any person provisionally registered under paragraph (1)(b) may be subject to such restrictions and conditions as may be imposed by the Minister on the advice of the Board, and where restrictions and

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conditions are so imposed the registration of that person shall have effect subject to such restrictions and conditions.

The Minister may from time to time, after consulting the Board, add to, delete from or amend the First Schedule by order published in the Gazette.

Experience which a provisionally registered person shall be required to obtain

The provisionally registered person shall, immediately upon being provisionally registered, engage in employment as a pharmacist to the satisfaction of the Board for a period of not less than one year in any of the premises listed in the Second Schedule.

The Board may extend for not more than one year the period of employment of a provisionally registered person if the Board is not satisfied with the performance of the person as a pharmacist.

The provisional registration of a person shall be revoked if the person fails to comply with subsection (2).

The Minister may from time to time, after consulting the Board, add to, delete from or amend the Second Schedule by order published in the Gazette.

A provisionally registered person shall be deemed to be registered under this Act so far as is necessary—

The Board may exempt from subsection (2) any person who holds any of the qualifications referred to in subsection 6(1) and has been registered by any registration body responsible for the registration of pharmacists recognized by the Board if the Board is satisfied that such person has gained experience which is not less both in character and scope and in length of time in an institution or hospital approved by the Board.

A provisionally registered person shall during the period of employment under subsection (2) be deemed to be a public servant within the meaning of the Penal Code [Act 574].

Person entitled to full registration

gained experience as required under section 6A; or

been exempted under subsection 6A(7).

An application for full registration shall be in accordance with the provisions of this Act and the regulations made under this Act.

Notwithstanding anything to the contrary contained in this Act, a person may, subject to such restrictions and conditions as may be stipulated by the Minister, be fully registered under this section if the person seeking registration under this subsection possesses a qualification which the Minister after consulting the Board is satisfied is adequate.

Restriction on use of certain titles

No person shall take or use or affix to, or use in connection with, his premises any title or description reasonably calculated to suggest that he or anyone employed in the business carried on in his premises possesses any qualification with respect to the selling, dispensing or compounding of drugs or poisons other than the qualifications which he in fact possesses.

For the purpose of subsection (1), the use of the description

“pharmacy” or “dispensary” in connection with a business carried on in any premises shall be deemed to be in connection with the sale of goods by retail and to imply that the owner of the business or the person having the control of the business in those premises is registered under this Act:

Provided that nothing in this section shall apply to the use of the word

“dispensary” by a medical practitioner, registered for the time being under any written law relating to the registration of medical practitioners in force in Malaysia, or by a veterinary surgeon, in connection with the practice of his profession in his own personal practice or business, or in a practice or business partnership of which every member is a registered medical practitioner, or to the use of the word “dispensary” in connection with dispensaries under the control of the Government or of any local authority.

Any person who acts in contravention of this section shall be guilty of an offence liable on conviction before a Sessions Court to a penalty not exceeding five hundred ringgit, and to a further penalty of fifty ringgit for every day during which the offence continues.

Application for registration

Every application for such registration shall be made in such manner and shall be accompanied by such documents, photographs and particulars as may be prescribed and by proof of identity to the satisfaction of the Board.

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When the Board is satisfied that the applicant is entitled to be provisionally or fully registered and that the applicant has complied with the requirements of subsection (2) and has paid the prescribed fee, the Board shall, subject to section 9, admit the applicant to the register.

Power to refuse registration in certain cases

The Board shall issue to a person temporarily registered under subsection (1) a temporary registration certificate.

The holder of such temporary registration certificate shall, while the certificate remains in force and subject to the restrictions and conditions specified in the certificate, be deemed to be a fully registered pharmacist.

The Board may at any time cancel the temporary registration of a person under this section and temporary registration certificate issued to such person shall thereupon lapse.

Purpose and duration

Sections 11C, 11D, 11E and 11F shall cease to be in force if

Parliament, by resolution passed by each of the Houses of Parliament and published in the Gazette, provides that those sections shall no longer continue to remain in force.

Notice to registered pharmacist to serve in the public services

A person served with a notice under subsection (1) shall comply with such notice and if he fails to do so, he shall be guilty of an offence under this Act and is liable on conviction to a fine not exceeding fifty thousand ringgit.

Immediately upon a charge under subsection (2) or under section 11D being proved in court against any person, the registration of such person under section 6B shall be deemed to be revoked, and the

Registrar shall strike off from the register the name of such person.

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Where the name of a person is struck off from the register under subsection (3), it shall not be restored on the register except upon a direction given by the Minister, and the Minister may give such direction upon an application in writing being made to him by the person whose name has been struck off from the register.

Any direction given by the Minister under subsection (4) in respect of any person may be made subject to the fulfilment of such terms and conditions as the Minister may deem fit to impose, and such terms and conditions may include terms and conditions requiring such person to serve as a pharmacist to the satisfaction of the Director

General of Health for a continuous total period of not more than three years in such post or posts in such one or more of the public service as may from time to time be determined by the Director General of Health in his discretion.

While the person whose name is restored under subsection (4)

is fulfilling and conditions imposed under subsection (5), he shall be deemed to be registered so far as is necessary to fulfil the terms and conditions imposed under subsection (5) and for such other purposes as the Minister may direct, but no further, and upon fulfilment of the terms and conditions imposed under subsection (5), he shall be entitled to a certificate issued by the Director General of Health as evidence of such fulfilment.

The decision of the Minister upon an application made to him under subsection (4) for the restoration of a name on the register shall be final.

Where a notice under subsection (1) has been served on any person liable to be served, the Director General of Health may at any time cancel the notice and, if he thinks fit, cause to be served on him a further notice.

Period of service in pursuance of a notice under subsection 11C (1)

in respect of any particular person;

generally in respect of any class of persons during such period as he may specify;

generally in respect of all persons during such period as he may specify, grant such reduction as he may consider appropriate or complete exemption from the period of service required under section 11D.

The Minister may, upon application being made to him in writing by any person liable to undergo the period of service required under section 11D, grant to such person postponement from commencing such service for such period as he may consider appropriate if he is satisfied that it would be just and reasonable to do so.

The decision of the Minister upon application made to him under subsection (2) shall be final.

Minister may make rules

in each set of premises where the business is carried on, the business shall be bona fide conducted by the registered pharmacist himself or some other registered pharmacist;

the name and certificate of registration of the person by whom the business is so conducted in any premises shall be conspicuously exhibited in those premises.

Any person failing to comply with any such condition shall be guilty of an offence and shall be liable on conviction before a Sessions

Court to a penalty not exceeding five hundred ringgit and to a further penalty of fifty ringgit for every day during which the offence continues.

Registration of bodies corporate

No such body corporate shall be registered under this Act unless the Board is satisfied that such business will be under the control and management of a superintendent who is a registered pharmacist and who does not act at the time in a similar capacity for any other body corporate firm or partnership or in any other business on his own behalf.

Upon the registration of a body corporate under this section, a certificate of registration in the prescribed form and such number of copies thereof as may be required shall be issued to it by the Board.

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Subject to this section, a body corporate registered under this section carrying on a business, so far as it relates to the keeping, retailing, dispensing and compounding of poisons, dangerous drugs or therapeutic substances shall comply with the following conditions:

A body corporate registered under this section may, if and so long as it complies with the requirements of subsection (4), use the name or title of chemist and druggist or dispensing chemist or dispensing druggist, and the premises at which the business is carried on may be described as a pharmacy.

No body corporate, unless it is registered under this section and complies with the requirements of subsection (4), shall use the name or title of chemist and druggist or dispensing chemist or dispensing druggist or describe the premises at which it carries on business as a pharmacy and no body corporate, whether registered or not, shall, subject to subsection (5), use any name title addition or description

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which it would have been forbidden by section 7 to use had it been a person within the meaning of such section.

If—

The Board may remove the name of any body corporate from the register when—

Any body corporate, acting in contravention of subsection (6)

or, if registered under this section, failing to comply with the conditions imposed by subsection (4) thereof, shall be guilty of an offence and liable on conviction before a Sessions Court to a penalty not exceeding two thousand ringgit and to a further penalty not exceeding fifty ringgit for every day during which such offence continues and every person who was a director or officer of such body corporate or was purporting to act in any such capacity at the date of the commission of the offence shall be deemed guilty of that offence unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence and shall be liable on conviction before a

Sessions Court to a penalty not exceeding two hundred ringgit and a further penalty not exceeding twenty-five ringgit for every day during which such offence by him continued.

If the Board thinks fit in any case so to do, it may, either of its own motion or on the application of the body corporate concerned, direct the restoration to the register of the name of any body corporate.

Continuation of business of deceased registered pharmacist or dispenser by his representative

The conditions referred to in subsection (1) shall be the following:

If any such executor, administrator or trustee or any person in his employment—

The publication of such list shall be prima facie evidence that the persons or bodies corporate named therein are registered under this

Act.

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The absence of the name of any person or body corporate from such list shall be prima facie evidence that such person or body is not registered under this Act.

A certificate under the hand of the Registrar that the name of a person has been entered or removed from the register shall be conclusive evidence that a person is or is not registered under this Act, as the case may be.

Annual certificate

Upon such application and payment, the applicant shall, subject to this Act, be entitled to a certificate (hereinafter referred to as the

“annual certificate”) that he or it is registered under this Act.

The annual certificate shall be issued by the Registrar and shall, unless cancelled under section 17 be in force from the date of issue to the end of the year.

The name of any registered pharmacist or body corporate who fails to obtain an annual certificate prior to the commencement of any year shall be removed from the register.

Any registered pharmacist or body corporate who has failed to obtain an annual certificate prior to the commencement of any year, but who subsequently makes application in such manner and pays such additional fee as may be prescribed, may be granted an annual certificate for the remainder of the year, and his or its name may be re-entered in the register.

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Inquiry, restoration into register and removal from register by the

Board

has obtained registration by a fraudulent or incorrect statement;

has been convicted of any offence which, in the opinion of the Board, renders him unfit to be on the register or of any offence under this Act or under any written law in force in

Malaysia relating to poisons, dangerous drugs or therapeutic substances; or

has been guilty of infamous or disgraceful conduct in a professional sense, the Board may inquire into the case and may if it thinks fit impose any of the punishments under section 18A.

The Board may remove the name of a registered pharmacist from the register if such person—

If the Board thinks fit in any case so to do, it may, either of its own motion or on the application of the person concerned, direct the restoration to the register of any name which has been removed from the register.

Where a person is registered pursuant to subparagraph 6(2)(a)(i) and his registration is subject to any restrictions and conditions imposed by the Minister pursuant to paragraph (c) of the aforementioned section, the name of such registered pharmacist may also be removed from the register by the

Board—

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Where the name of a registered pharmacist has been removed by the Board under the preceding subsection his annual certificate shall cease to have effect.

Alterations in, and erasure of names from the register

order the name of the registered pharmacist or body corporate to be removed from the register;

order the name of the registered pharmacist or body corporate to be suspended from the register for such period as it may think fit; or

order the registered pharmacist or body corporate to be reprimanded.

The Board may also, at the conclusion of the inquiry mentioned in subsection (1)—

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When an Inspector has reasonable cause to believe that any offence under this Act has been or is being committed on any premises or in connection with any business carried on in any premises, he may, at all reasonable times, enter upon such premises and may search and examine such premises and may inspect, remove and detain any books, documents or other articles found therein which in the opinion of such

Inspector may furnish evidence of the commission of an offence

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against this Act and may require any person conducting or managing any business of keeping, retailing, dispensing or compounding poisons, dangerous drugs or therapeutic substances to produce for his inspection any certificate issued to such person or to his employer under this Act.

Any person who obstructs or impedes an Inspector in the performance of his duties under this Act shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding five hundred ringgit or to both.

Power to make regulations

the pupillage, the conditions under which the practical training of apprentices or students shall be conducted and any other matter relating to the training and qualification of pharmacists;

(aa) the examination prescribed or set by the Board to be passed by any person before he is eligible to apply to be admitted to the register under this Act;

the procedure to be followed at meetings of, and at inquiries held by, the Board;

(ba)

the establishment of a Committee of Inquiry to inquire into complaints or information regarding any matter which the

Board may, under the provisions of this Act, inquire into, and the procedures to be followed at inquiries held by the

Committee;

the duties of the Registrar;

the form of the registers and the manner in which they shall be kept;

any matter which under this Act, is required or permitted to be prescribed;

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the registration of bodies corporate;

the exemption from the operation of this Act or of any regulations made thereunder, of such persons or bodies corporate or classes of persons or bodies corporate as may seem expedient;

the appointment and payment of legal advisers;

the payment of expenses of members of the Board;

any matter, whether similar or not to those above mentioned, as to which it is expedient to make regulations for carrying into effect the objects of this Act.

All regulations made by the Board under this section shall be subject to the approval of the Minister, and when so approved shall be published in the Gazette and shall, unless it is otherwise provided therein, take effect as from the date of such publication.