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Pharmacists Registration Bill

Bill No. 18/1979

Read the first time on 15th May 1979.

An Act to provide for the registration of pharmacists and for purposes connected therewith; and to repeal the Pharmacists Registration Act (Chapter 223 of the Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —

Short title and commencement

1. This Act may be cited as the Pharmacists Registration Act, 1979, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

2. In this Act, unless the context otherwise requires —

“Board” means the Pharmacy Board established under subsection (1) of section 3;

“register” means the register of pharmacists maintained in pursuance of subsection (1) of section 5;

“registered” means registered in the register, and cognate expressions shall be costrued accordingly;

“registered pharmacist” means a person whose name is registered in the register.

Establishment and constitution of Pharmacy Board

3.—(1) For the purposes of this Act, there shall be established a “Pharmacy Board” which shall consist of —

(a)	the Chief Pharmacist of the Ministry of Health who shall be the president of the Board;
(b)	the Head of the Department of Pharmacy of the University of Singapore;
(c)	a registered pharmacist in the public service of Singapore who shall be appointed by the Minister; and
(d)	such other registered pharmacists, not being more than three in number, as the Minister may appoint.

(2) A person referred to in paragraph (c) or (d) of subsection (1) shall be appointed for a term not exceeding three years; but such person shall be eligible for re-appointment.

(3) If for any reason the Chief Pharmacist of the Ministry of Health or the Head of the Department of Pharmacy of the University of Singapore is unable to attend a particular meeting of the Board he may nominate some other registered pharmacist in the public service of Singapore or some other member of the Department of Pharmacy of the University of Singapore, as the case may be, to attend the meeting and when so attending such alternate member shall be deemed for all purposes to be a member of the Board.

(4) If any member of the Board dies, or otherwise vacates his office, the vacancy so created shall, as soon as practicable, be filled in the manner in which the appointment to the vacant office was made; and every person so appointed shall hold office for the residue of the term for which his predecessor was appointed.

(5) The powers of the Board shall not be affected by a vacancy in the membership thereof nor by any defect in the appointment of a member thereof.

Meetings of the Board

4.—(1) The president of the Board shall be the chairman of all meetings of the Board at which he attends.

(2) In the absence of the president from a meeting, the members present shall elect from amongst themselves a person to be the chairman.

(3) The chairman of a meeting of the Board shall have a casting vote.

(4) The Board shall meet at such places and times as the president may appoint and at a meeting of the Board, three members shall form a quorum.

(5) No business shall be transacted at a meeting of the Board unless a quorum is present.

(6) Subject to the provisions of this Act, the Board may determine its own procedure.

(7) The Board shall cause proper records of its proceedings to be kept.

5.—(1) For the purposes of this Act, a register of pharmacists shall be kept, in such form as may be prescribed, by the Chief Pharmacist of the Ministry of Health (hereinafter referred to as “the Registrar”) who shall be responsible for the maintenance and custody of the register and shall perform such other duties in connection therewith as may be prescribed.

(2) The register shall contain the names and addresses, and such other particulars (if any) as are prescribed, of all persons who are registered in accordance with the provisions of this Act.

Restriction on use of certain titles

6.—(1) No person shall, unless his name is registered, take or use the name or title of pharmaceutical chemist or pharmaceutist or druggist or chemist and druggist or pharmacist or apothecary or any other word in another language having the same meaning or being to the like intent, or take or use in connection with the sale of goods by retail the name or title of dispensing chemist or any other name, title, emblem or description implying that his name or the name of any person employed by him is registered or that he or such other person is entitled to be registered.

(2) A person who acts in contravention of the provisions of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand dollars and to a further fine of one hundred dollars for every day during which the offence is continued after conviction.

Persons entitled to registration

7.—(1) Subject to the provisions of this Act, the following persons shall be entitled to have their names registered: —

(a)	a person who holds a diploma in pharmacy of the King Edward VII College of Medicine, Singapore, or a degree or diploma in pharmacy of the University of Malaya in Singapore or of the University of Singapore, and who has complied with such conditions regarding pre-registration experience as may be prescribed;
(b)	a person who holds such other pharmaceutical degree, diploma or qualification as the Minister may, after consulting the Board, by order declare to be a qualification which entitles a holder thereof to be a registered pharmacist, subject to such conditions and restrictions, as may be specified in the order.

(2) A person who holds any qualification granted in respect of pharmacy other than a degree or diploma referred to in paragraph (a) of subsection (1) shall not be registered unless such person —

(a)	has had not less than two months’ experience of the practice of pharmacy in a prescribed manner; and
(b)	has satisfied the Board at an examination in forensic pharmacy that he is entitled to be registered under this Act.

(3) The Board shall appoint a committee of examiners to hold examinations for the purposes of paragraph (b) of subsection (2); but the appointment of a person as such an examiner shall not continue in force for more than three years from the date on which it is made.

(4) A candidate at an examination referred to in paragraph (b) of subsection (2) shall pay such examination fee as may be prescribed.

(5) A person appointed under subsection (3) shall be eligible for re-appointment on the expiry of his term of office.

Application for registration

8.—(1) A person entitled to be registered may apply to the Registrar for registration.

(2) An application for registration shall be made in such manner and shall be accompanied by such documents, photographs and particulars as may be prescribed.

(3) Satisfactory proof of identity shall be furnished in every application made under this section.

(4) When an applicant has complied with the requirements of subsections (1), (2) and (3), and has paid the prescribed fee, he shall, subject to the provisions of subsection (5), have his name registered by the Board.

(5) The Board may refuse to enter in the register the name of an applicant referred to in subsection (4) who is, in the opinion of the Board —

(a)	not of good character and reputation; or
(b)	unable to carry out the duties of a pharmacist effectively in Singapore.

(6) No person shall be registered unless he has attained the age of twenty-one years.

(7) Where a person’s name has been registered pursuant to subsection (4), the Board shall issue to him a certificate of registration.

(8) In respect of the year in which the certificate of registration is issued, that certificate shall be deemed to be the annual certificate issued under section 12 and the provisions of this Act relating to annual certificates shall apply to the certificate of registration.

Entry of higher qualifications

9.—(1) A person whose name is registered and who has obtained any qualification which is higher than the qualification in respect of which he has been registered shall, subject to the provisions of subsection (2), be entitled to have such higher qualification inserted in the register in substitution for or in addition to the qualification previously registered, without payment of an additional fee.

(2) The Board may decide what higher qualifications shall be inserted in the register pursuant to this section.

Notification of change of address

10. Every registered pharmacist shall notify the Registrar of any change in his business address or home address.

Retention of name in register

11.—(1) A registered pharmacist who desires his name to be retained in the register in any year shall, before the 30th day of November of the preceding year, make an application in the prescribed manner, and shall pay the prescribed fee, for such retention.

(2) A registered pharmacist who makes an application and payment pursuant to subsection (1) shall have his name retained in the register.

(3) A person who fails to make an application pursuant to subsection (1) but who subsequently does so and pays the fee referred to in that subsection and such additional sum (if any) as may be prescribed —

(a)	before the beginning of the year in respect of which the fee is payable shall, subject to section 14, be entitled to have his name retained in the register during that year; or
(b)	after the beginning of that year shall, subject to section 14, be entitled to have his name restored to the register.

(4) Where a person’s name is removed from the register under paragraph (c) of subsection (1) of section 13, the Board shall restore the name to the register —

(a)	upon application by the person in the prescribed form; and
(b)	upon payment of such restoration fee as may be prescribed.

(5) Where a name removed from the register under paragraph (b) or (c) of subsection (1) of section 13 is restored thereto under paragraph (b) of subsection (3) or under subsection (4), as the case may be, the restoration shall, if the Board so directs, have effect from the date of the removal of the name.

Annual certificate

12.—(1) Where a person’s name is —

(a)	retained in the register under subsection (2) or paragraph (a) of subsection (3) of section 11; or
(b)	restored to the register under paragraph (b) of subsection (3) or subsection (4) of section 11, subsection (5) of section 14 or section 15,

such person shall be entitled to receive without payment of any fee a certificate (hereinafter referred to as “an annual certificate”) certifying that he is registered under this Act.

(2) An annual certificate shall be issued by the Registrar and shall, subject to the provisions of subsection (3), be in force from the date of issue to the 31st day of December of the year specified in the annual certificate.

(3) If the name of a person, to whom an annual certificate has been issued under this section, is removed from the register under section 13 or 14, the annual certificate shall cease to be valid.

Removal of name from register

13.—(1) The Registrar shall remove from the register the name and other particulars of a registered pharmacist who —

(a)

is deceased;

(b)

has failed to make an application for the retention of his name on the register before the expiry of the year in which his name is —

(i)	registered under subsection (4) of section 8; or
(ii)	retained in the register under subsection (2) or paragraph (a) of subsection (3) of section 11; or
(iii)	restored to the register under paragraph (b) of subsection (3) or subsection (4) of section 11, subsection (5) of section 14 or section 15;

(c)

has failed to notify the Registrar of a change in his business address or has not supplied to the Registrar an address in Singapore at which he can be found; or

(d)

has been registered through an error as to his qualification for registration.

(2) For the purposes of paragraph (c) of subsection (1), a person failing to acknowledge within three months of the date of despatch the receipt of a registered letter addressed to him at the last address supplied by him to the Registrar shall be deemed not to have supplied the Registrar with an address under that paragraph.

Power of Board to strike name off register

14.—(1) Subject to the provisions of this section, the Board may direct that the name and other particulars of a registered pharmacist be removed from the register if —

(a)	the registered pharmacist is convicted of an offence involving fraud or dishonesty; or
(b)	he has been convicted of an offence under this Act, the Poisons Act (Cap. 164), the Misuse of Drugs Act, 1973 (Act 5 of 1973) or the Medicines Act, 1975 (Act 52 of 1975); or
(c)	his registration has been obtained by fraud or misrepresentation; or
(d)	his qualification for registration under section 8 has been withdrawn or cancelled by the authority through which it was acquired or by which it was awarded; or
(e)	he has been registered pursuant to an order made by the Minister under paragraph (b) of subsection (1) of section 7 and has contravened or failed to comply with any condition or restriction imposed by the order; or
(f)	he has been guilty of such improper act or conduct as, after due inquiry by the Board, renders him, in the opinion of the Board, unfit to be a pharmacist; or
(g)	it appears to the Board that he is no longer in a position to carry out the duties of a pharmacist effectively in Singapore.

(2) No direction shall be given under subsection (1) unless the Board has given the registered pharmacist to whom the direction relates an opportunity of being heard either personally or by counsel.

(3) A direction under subsection (1) shall not take effect until the expiration of one month from the date on which the direction has been communicated to the registered pharmacist to whom the direction relates or, where an appeal against the direction is made to the High Court, until the appeal is determined or withdrawn.

(4) Where a direction under subsection (1) takes effect the Registrar shall make such alteration in the register as is necessary to give effect to the direction.

(5) Where the name of a person has been removed from the register in pursuance of a direction under subsection (1), the Board may of its own motion direct that the name be restored to the register, either without fee or on payment of such fee as is prescribed in that behalf; and the Registrar shall give effect to such direction.

Reinstatement

15. Where the name of a person has been removed from the register in pursuance of a direction under subsection (1) of section 14, the Board may, on the application of that person, not less than three months from the date of the removal of his name from the register, direct that the name be restored to the register either without fee or on payment of such fee as is prescribed; and the Registrar shall give effect to such direction.

Publication of register and presumptions

16.—(1) The Registrar shall publish annually in the Gazette, as soon as practicable after the 1st day of January of each year, a list containing the names, addresses, qualifications and dates of qualifications of all registered pharmacists.

(2) In any proceedings —

(a)	the publication of a list under subsection (1) shall be prima facie evidence that the persons whose names appear therein are registered pharmacists;
(b)	an annual certificate issued in pursuance of section 12 shall be admissible as prima facie evidence that the person named therein as a registered pharmacist is a registered pharmacist; and
(c)	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 the person is or is not registered under this Act, as the case may be.

Alterations of particulars in register

17. The Registrar shall from time to time insert in the register any alteration which may come to his knowledge in the address or other particulars of a registered pharmacist.

Appeal against refusal to register or removal of name from register

18.—(1) A person aggrieved by a refusal of the Board under subsection (5) of section 8 or a direction given by the Board under subsection (1) of section 14 may, within one month after the refusal or direction, as the case may be, has been communicated to him, appeal to the High Court.

(2) The High Court may on an appeal under subsection (1) give such directions as it thinks fit in the matter including any directions as to the cost of the appeal.

(3) No appeal shall lie from an order of the High Court under this section.

Fraudulent registration

19. A person who, in an application for registration under this Act, makes or produces or causes to be made or produced any false or fraudulent representation, certificate or declaration, either verbally or in writing, and any person who knowingly aids or assists therein shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

Application of fees received by the Registrar

20.—(1) The Registrar shall take and collect all fees payable under this Act or the rules made thereunder.

(2) All fees collected under this Act or the rules made thereunder which are not applied to pay any remuneration to persons appointed under subsection (3) of section 7 shall be paid into the Consolidated Fund.

Rules

21. The Board may, with the approval of the Minister, make rules for and in respect of all or any of the following matters: —

(a)	the procedure to be adopted at meetings of the Board under section 4 and at inquiries before the Board under paragraph (f) of subsection (1) of section 14;
(b)	the conditions under which pre-registration experience of persons shall be carried out under paragraph (a) of subsection (1) of section 7;
(c)	the conduct of examinations to be held for the purposes of paragraph (b) of subsection (2) of section 7;
(d)	the duties of the Registrar;
(e)	the forms of the register, the particulars to be entered therein and the manner in which it shall be kept;
(f)	the fees payable under this Act;
(g)	the payment of remuneration to persons appointed under subsection (3) of section 7;
(h)	exempting from the operation of any of the provisions of this Act or of any rules made thereunder such persons or classes of persons as may be specified;
(i)	any matter which under this Act is required or permitted to be prescribed; and
(j)	any other matters which the Board considers necessary or expedient for the purposes of this Act.

Repeal and transitional provisions

22.—(1) The Pharmacists Registration Act (Cap. 223) (hereinafter referred to as the repealed Act) is hereby repealed.

(2) Notwithstanding the provisions of subsection (1) —

(a)	every person registered under the repealed Act shall be deemed to be registered under this Act;
(b)	the register of pharmacists kept in pursuance of the repealed Act shall be deemed to be part of the register to be kept in pursuance of section 5;
(c)	every certificate issued under the repealed Act which certifies that the person specified therein is registered as a pharmacist according to the provisions of the repealed Act shall be deemed to be an annual certificate issued in pursuance of section 12 certifying that such person is a registered pharmacist, and the certificate shall, unless it ceases to be valid under the provisions of this Act, have effect until the date of its expiry; and
(d)	any order made and other thing done under the provisions of the repealed Act and in force immediately before the commencement of this Act shall be deemed to have been made or done under the corresponding provisions of this Act and shall continue to have effect accordingly.