On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 01/12/2010.
PART IV
PRACTICE OF PHARMACY
28.
—(1) Subject to sections 70 and 71, an unauthorised person shall be guilty of an offence if he —
(a)
practises pharmacy;
(b)
wilfully and falsely pretends to be a duly qualified pharmacist;
(c)
practises pharmacy or any branch of pharmacy, under the style or title of a pharmacist or under any name, title, addition or description implying that he holds any diploma or degree in pharmacy or in any branch of pharmacy;
(d)
takes or uses the name or title of pharmacist, pharmaceutical chemist, druggist, apothecary, or any other word in any language having the same meaning or being to the like intent;
(e)
takes or uses any name, title, sign, uniform, badge, or any other addition or description implying, whether in itself or in the circumstances in which it is used, that he is qualified to practise as a pharmacist; or
(f)
advertises or holds himself out as a pharmacist.
(2) It shall be a defence to a prosecution under subsection (1)(a) if the defendant proves that he did not in any way represent himself as a duly qualified or registered pharmacist.
Liability of employer, etc., for practice of pharmacy in contravention of section 28
29.
—(1) Where an offence is committed under section 28 by any unauthorised person acting as an employee, an agent or a partner of another person, that other person shall also be guilty of an offence.
(2) It shall be a defence to a prosecution under subsection (1) if the defendant proves that the first-mentioned offence was committed without his knowledge and that he has taken all reasonable precautions and exercised due diligence to prevent the commission of that offence by the unauthorised person.
Liability of registered pharmacist for allowing another to act in contravention of section 28, etc.
30.
—(1) A registered pharmacist who allows an unauthorised person to practise pharmacy in contravention of section 28 on any premises used by or under the control of that registered pharmacist shall be guilty of an offence.
(2) A registered pharmacist who, by his presence, countenance, advice, assistance or co-operation, has knowingly enabled an unauthorised person, whether described as an assistant or otherwise, to practise pharmacy in contravention of section 28 shall be guilty of an offence.
(3) It shall be a defence to a prosecution under subsection (1) or (2) if the defendant proves that —
(a)
the commission of the offence was due to a mistake on his part or to reliance on information supplied to him or to the act of another person or some other cause beyond his control; and
(b)
he took all reasonable precautions and exercised due diligence to prevent the commission of the offence.
(4) A registered pharmacist who practises pharmacy on any premises on which any unauthorised person practises pharmacy in contravention of section 28, knowing or having reason to believe that that person was practising pharmacy on those premises in contravention of section 28, shall be guilty of an offence.
31.
—(1) Any person whose registration as a pharmacist under this Act has been suspended under Part VI shall not practise pharmacy during the period of his suspension.
(2) Any person who contravenes subsection (1) shall be guilty of an offence.
32.
—(1) No person other than a specialist registered under section 18 who has in force a practising certificate shall take or use —
(a)
the name or title of specialist, or any other word in any language having the same meaning or being to the like intent; or
(b)
any name, title, sign, uniform, badge, or any other thing implying that he is qualified to practise any specialised area of pharmacy defined by the Specialists Accreditation Board under section 37.
(2) Any person who contravenes subsection (1) shall be guilty of an offence.
(3) A registered pharmacist who is not registered under section 18 as a specialist in a branch of pharmacy shall not —
(a)
practise pharmacy or that branch of pharmacy under the style or title of a specialist in that branch of pharmacy, or under any name, title, addition or description implying that he is such a specialist or has any degree, qualification or experience in that branch of pharmacy; or
(b)
advertise or hold himself out as a specialist in that branch of pharmacy.
(4) A registered pharmacist who contravenes subsection (3) may be subject to disciplinary proceedings under this Act.
33.
—(1) No person shall —
(a)
procure or attempt to procure registration as a pharmacist under this Act, a certificate of registration or a practising certificate, by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation, whether in writing or otherwise;
(b)
wilfully make or cause to be made any false entry in an appropriate register;
(c)
forge or alter a certificate of registration or a practising certificate;
(d)
fraudulently or dishonestly use as genuine a certificate of registration or a practising certificate which he knows or has reason to believe is forged or altered; or
(e)
buy, sell or fraudulently obtain a certificate of registration or a practising certificate.
(2) Any person who contravenes subsection (1) shall be guilty of an offence.
34.
—(1) No registered pharmacist shall —
(a)
use or exhibit or publish in any card, letter, stationery, nameplate, signboard, placard, circular, handbill or any notice displayed at the premises used by him for the practice of pharmacy any qualification other than the qualifications which are entered in any register kept under this Act or which has been approved by the Council; or
(b)
use any title, addition or designation other than the title, addition or designation which has been approved by the Council.
(2) Any registered pharmacist who contravenes subsection (1) may be subject to disciplinary proceedings under this Act.
35. Any person who is guilty of an offence under section 28(1), 29(1), 30(1), (2) or (4), 31(2), 32(2) or 33(2) shall be liable on conviction to a fine not exceeding $25,000 and, in the case of a second or subsequent conviction for an offence under any of those sections, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both.