Search within Legislation

Search Results

Pharmacists Registration Act

(Chapter 230, Section 21)

Pharmacists Disciplinary Rules

R 3

G.N. No. S 20/1981

REVISED EDITION 1990

(25th March 1992)

[16th January 1981]

Citation

1. These Rules may be cited as the Pharmacists Disciplinary Rules.

Complaint against pharmacist

2.—(1) The Board shall consider every written complaint against a pharmacist.

(2) The complaint may be a report —

(a)	that the pharmacist has been convicted of an offence referred to in section 14 (1) (a) or (b) of the Act; or
(b)	that his name should be removed from the register on a ground specified in section 14 (1) (c), (d), (e), (f) or (g).

(3) Where a pharmacist is alleged to have committed an offence, the report may be submitted to the Board by the Registrar of the Supreme Court or the Subordinate Courts or an Inspector of the Ministry of Health.

Removal of name of pharmacist convicted of certain offence

3.—(1) Where a pharmacist is convicted of an offence referred to in section 14 (1) (a) or (b) of the Act, the Board shall consider the record of the proceedings of the court.

(2) The Board may, if it is of the opinion that the name of the pharmacist should be removed from the register, remove his name from the register after he has been given a reasonable opportunity of being heard.

Procedure on receipt of complaint

4.—(1) On receipt of a complaint against a pharmacist, the Registrar shall send the pharmacist a copy thereof and a copy of any statutory declaration furnished under rule 5.

(2) The pharmacist shall be asked to give any explanation that he may wish to give to the Board.

Statutory declaration

5.—(1) Where a pharmacist is alleged to have been guilty of an improper act or conduct, the Board shall not proceed further under these Rules unless there has been furnished to its satisfaction a statutory declaration made by the complainant.

(2) The statutory declaration shall state —

(a)	the name, address and occupation of the complainant;
(b)	the grounds of the complaint; and
(c)	the evidence of the alleged improper act or conduct.

(3) The Board may, in its discretion, waive the statutory declaration if the allegation is made by a public officer or the Board’s solicitor.

Board’s decision on further proceedings

6.—(1) Where the Board, after considering the complaint and any statutory declaration furnished under rule 5 and any explanation given under rule 4(2), decides that —

(a)	no action be taken, the pharmacist concerned shall be informed accordingly by the Registrar;
(b)	a warning be given to the pharmacist, the Registrar shall issue a letter in such terms as the Board thinks fit;
(c)	the name of the pharmacist be removed from the register under section 14 (1) (c), (d), (e), (f) or (g) of the Act, the Board may direct that the name be so removed; or
(d)	an inquiry be held, the Board shall inquire into the matter under these Rules.

(2) Before the Board directs that a name be removed from the register under paragraph (1)(c), the Board shall give the pharmacist a reasonable opportunity of being heard.

Board’s representative

7. For the purpose of an inquiry under these Rules, the Board may be represented by an advocate and solicitor or a public officer referred to in these Rules as the Board’s representative.

Notice of inquiry

8.—(1) Where the Board directs that an inquiry be held, the Board’s representative shall serve on the pharmacist under inquiry a notice specifying —

(a)	the charge or charges preferred against the pharmacist; and
(b)	the time, date and place of the inquiry.

(2) An inquiry shall, except with the agreement of the pharmacist, be held not earlier than 28 days after the date of the notice.

(3) The notice shall be in such form as the Board thinks fit.

(4) The notice shall be sent to the pharmacist by registered post addressed to him at his last known address.

(5) Where there is a complainant, a copy of the complaint shall also be sent to him.

Postponement of inquiry

9.—(1) The pharmacist under inquiry or the Board’s representative may apply for a postponement of the inquiry.

(2) The Board may, in its discretion, postpone the inquiry to such later date as it may determine.

Pharmacist may have documents sent to Board

10.—(1) The Board’s representative shall, at the request of the pharmacist under inquiry, send to him a copy of every document relating to the matter under inquiry which is in the possession of the Board.

(2) Nothing in paragraph (1) shall compel the Board’s representative to produce copies of any correspondence between the Board and him.

Access to documents

11. The pharmacist under inquiry and the Board’s representative shall be permitted to have access to information contained in any document at a reasonable time before the document is tendered in evidence at an inquiry.

Inquiry not open to the public

12.—(1) An inquiry by the Board under these Rules shall be held in private.

(2) The Board may, in its discretion, publish a report of its findings at the end of the hearing.

Evidence to be given under oath

13.—(1) The Board may require the Board’s representative or the pharmacist under inquiry to produce such documents relating to the matter under inquiry and in his possession as the Board thinks fit.

(2) A person attending the inquiry shall give evidence under oath or affirmation.

Pharmacist may appear in person or be represented

14. The pharmacist under inquiry may appear in person or be represented by counsel, or by a member of any pharmaceutical or professional organisation of which he is a member, or by any member of his family.

Conduct of inquiry

15.—(1) If the pharmacist does not appear, the Board may proceed with the inquiry after satisfying itself that a notice of the inquiry was served on him under rule 8(1).

(2) The procedure to be followed at the inquiry shall be as follows, but the procedure may be varied by the Board in any particular case:

(a)	the charge shall first be read out to the pharmacist;
(b)	the pharmacist or his counsel or representative may object to the charge;
(c)	if any such objection is upheld, no further proceedings shall be taken by the Board on the charge to which the objection relates;
(d)	the Board’s representative shall present the facts on which the charge is based, and adduce evidence of the facts alleged in the charge;
(e)	the pharmacist or his counsel or representative may give evidence on the pharmacist’s behalf and cross-examine witnesses;
(f)	the Board may question the pharmacist and cross-examine witnesses;
(g)	at the close of the case the pharmacist or his counsel or representative may address the Board; and
(h)	the Board’s representative shall make his closing address.

(3) During the inquiry, the Board may determine that the charge is groundless in which case no further proceedings shall continue.

(4) The Board shall not be bound to act in a formal manner and shall not be bound by the provisions of the Evidence Act [Cap. 97] or by any other law relating to evidence, but may inform itself on any matter in such manner as it thinks fit.

Findings of Board

16.—(1) At the conclusion of the proceedings under rule 15, the Board shall consider whether all the charges have been proved to its satisfaction.

(2) If the Board determines that any charge has been proved to its satisfaction, the pharmacist or his counsel or representative may address the Board in mitigation and adduce evidence of the character of the pharmacist under inquiry.

Postponed judgment

17.—(1) The Board shall consider whether judgment shall be postponed.

(2) Where judgment has been postponed, the hearing shall be adjourned to a date to be determined by the Board.

(3) The notice of the date on which the hearing is to continue shall be given to the Board’s representative and the pharmacist under inquiry not less than 4 weeks before that date.

(4) The pharmacist under inquiry shall be asked to submit to the Board, not later than 3 weeks before the hearing, any statement or testimonial regarding his conduct or the name and address of any person to whom reference may be made as to his character.

(5) A copy of the statement or testimonial shall be sent to the complainant.

(6) At the resumed hearing any other fact may be brought to the attention of the Board if it relates to the matter under inquiry.

(7) The Board’s representative shall recall the stage at which the proceedings were adjourned and the Board may —

(a)	hear any other submission by the Board’s representative or the pharmacist under inquiry; and
(b)	receive such further evidence in relation to the case or to the conduct of the pharmacist since the adjournment as it thinks fit.

(8) The Board shall then determine whether it should further postpone its judgment.

Absence of a member of Board

18. The Board may, in its discretion, conduct proceedings under these Rules notwithstanding the absence of one or two of its members and the validity of those proceedings shall not be challenged on this ground.

Inquiry into conduct of two or more pharmacists

19. The Board may, in its discretion, conduct an inquiry into charges against two or more pharmacists at the same hearing.

Penalties

20.—(1) At the end of an inquiry under these Rules, the Board shall decide —

(a)	whether the alleged improper act or conduct is proved; and
(b)	if so, whether the improper act or conduct is such as to render the pharmacist concerned unfit to be a registered pharmacist.

(2) Where the Board decides that the alleged improper act or conduct is proved, it may direct the Registrar to remove the name of the pharmacist from the register for a period of not less than 3 or more than 12 months or impose either or both of the following penalties:

(a)	reprimand the pharmacist; and
(b)	restrict the pharmacist in his practice of pharmacy in such manner as the Board thinks fit.

Removal of pharmacist’s name from register

21.—(1) Where the Registrar has been directed to remove any name from the register, he shall forthwith send a notice of such removal to the pharmacist at his last known address.

(2) The Board may, in its discretion, publish a report on the inquiry.

(3) The Board may inform the Registrar or any other officer of any university from which the pharmacist received his pharmaceutical degree or qualification of the removal of his name from the register.