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LAWS OF MALAYSIA

REPRINT

Act 371

REGISTRATION OF PHARMACISTS

ACT 1951

Incorporating all amendments up to 1 January 2006

PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968

IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

Laws of Malaysia

ACT 371

REGISTRATION OF PHARMACISTS ACT 1951

First enacted

... ... ... ... ... ... 1951 (Ord. No. 62 of 1951)

Revised

... ... ... ... ... ... ... 1989 (Act 371 w.e.f.

10 August 1989)

PREVIOUS REPRINT

First Reprint

... ... ... ... ...

2001

Registration of Pharmacists

LAWS OF MALAYSIA

Act 371

REGISTRATION OF PHARMACISTS ACT 1951

ARRANGEMENT OF SECTIONS

Section

Short title and application

Interpretation

Establishment and constitution of Pharmacy Board

President and meetings of the Board

Persons entitled to provisional registration

6A. Experience which a provisionally registered person shall be required

to obtain

6B. Person entitled to full registration

Restriction on use of certain titles

Application for registration

Power to refuse registration in certain cases

10.

Entry of higher qualifications

11.

Issue of certificate of registration

11A. Temporary registration

11B. Purpose and duration

11C. Notice to registered pharmacist to serve in the public services

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

11E. Power of Minister to grant reducation, exemption or postponement

from period of service under section 11D

11F. Minister may make rules

12.

Conditions as to sale of drugs by registered pharmacist

13.

Registration of bodies corporate

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ACT 371

Section

14.

Continuation of business of deceased registered pharmacist or dispenser

by his representative

15.

Publication of register and presumptions

16.

Annual certificate

17.

Inquiry, restoration into register and removal from register by the

Board

18.

Alterations in, and erasure of names from the register

18A. Punishments

19.

Appeal against removal from register or refusal to register

20.

Fraudulent registration

21.

Appointment and powers of Inspectors

22.

Power to make regulations

(Omitted)

23.

FIRST SCHEDULE

SECOND SCHEDULE

Registration of Pharmacists

LAWS OF MALAYSIA

Act 371

REGISTRATION OF PHARMACISTS ACT 1951

An Act relating to the establishment of a Pharmacy Board and the

registration of pharmacists.

[1 February 1952]

Short title and application

1. (1) This Act may be cited as the Registration of Pharmacists

Act 1951.

(2) This Act shall apply only to the States of Peninsular Malaysia.

Interpretation

In this Act, unless the context otherwise requires--

" B o a r d " means the Pharmacy Board established under

section 3;

"dangerous drug" means any drug or substance which is for the

time being comprised in the First Schedule to the Dangerous Drugs

Act 1952 [Act 234] or any corresponding schedule to any other

written law relating to dangerous drugs in force in Malaysia;

"fully registered pharmacist" means a person fully registered

under section 6B;

"person" does not include a body corporate;

"poison" means any article deemed to be a poison within the

meaning of the Poisons Act 1952 [Act 366], or of any other written

law relating to poisons in force in Malaysia;

"provisionally registered" means provisionally registered under

section 6;

Laws of Malaysia

ACT 371

"public services" has the meaning assigned to it in Article 132

of the Federal Constitution and, in addition, it also means the

service of any local authority or the service of any statutory authority

exercising powers vested in it by federal or State law, and the

expression "public service" shall be construed accordingly;

"registered pharmacist" means a provisionally registered pharmacist

under section 6 or a fully registered pharmacist under section 6B,

as the case may be;

"therapeutic substance" means any substance which may be

prescribed by the Board to be a therapeutic substance for the

purpose of this Act:

Provided that where any written law dealing with therapeutic

substances is in force in Malaysia no substance shall be so prescribed

unless it is a therapeutic substance within the meaning of such

written law.

Establishment and constitution of Pharmacy Board

3. (1) There shall be established a Pharmacy Board consisting of

the following members:

(a) the Director General of Health ex officio;

(b) the Director of Pharmaceutical Services ex officio;

(c) eight registered pharmacists in the public service, appointed

by the Minister;

(d) three registered pharmacists from any higher educational

institution offering a course or programme in pharmacy,

appointed by the Minister;

(e) two registered pharmacists not in the public service,

appointed by the Minister; and

(f) 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.

(2) The period of appointment of members, other than ex officio

members, shall be three years, but such members shall be eligible

for re-appointment.

Registration of Pharmacists

(3) 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.

(4) 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.

(5) For the purpose of subsection (1), "citizens of Malaysia"

shall not include permanent residents of Malaysia.

President and meetings of the Board

4. (1) The Director General of Health shall be President of the

Board and shall be Chairman of all meetings at which he attends.

(2) In the absence of the President from any meeting, the members

present shall elect one of their number to be Chairman.

(3) The Chairman at any meeting shall have an original vote

and also, if upon any question the votes are equally divided, a

casting vote.

(4) 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

5. For the purposes of this Act, a register of pharmacists (hereinafter

referred to as the register) shall be kept, in such form as may be

prescribed, by the Director of Pharmaceutical Services, (hereinafter

referred to as the Registrar), who shall be responsible for the

maintenance and custody thereof and shall perform such duties in

connection therewith as may be prescribed.

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ACT 371

Persons entitled to provisional registration

6. (1) Subject to the other provisions of this Act, a person shall

be entitled to be provisionally registered as a pharmacist, solely

for the purpose of obtaining the experience specified in section 6A,

upon application to the Registrar in the prescribed form if the

holds--

(a) any of the qualifications specified in the First Schedule;

(b) a qualification in pharmacy, other than the qualifications

referred to in paragraph (a), deemed suitable for registration

by the Minister after consulting the Board.

(2) 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 conditions are so imposed the registration of that

person shall have effect subject to such restrictions and conditions.

(3) 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

6A. (1) Subject to the provisions of this Act, a person who is

provisionally registered shall be required to obtain experience as

provided for in subsection (2) in order to be entitled to apply for

full registration under section 6B.

(2) 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.

(3) 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.

(4) The provisional registration of a person shall be revoked if

the person fails to comply with subsection (2).

Registration of Pharmacists

(5) 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.

(6) A provisionally registered person shall be deemed to be

registered under this Act so far as is necessary--

(a) to enable him to enter upon and engage in the employment

mentioned in subsection (2); and

(b) for the purposes of any written law or such other purposes

as the Minister may direct,

but no further.

(7) 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.

(8) 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

6B. (1) Subject to the provisions of this Act, no person shall be

entitled to be a fully registered pharmacist under this Act unless

he has--

(a) gained experience as required under section 6A; or

(b) been exempted under subsection 6A(7).

(2) An application for full registration shall be in accordance

with the provisions of this Act and the regulations made under this

Act.

(3) 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.

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ACT 371

Restriction on use of certain titles

7. (1) No person, unless he is registered under this Act, shall take

or use the name or title of pharmaceutical chemist or pharmaceutist

or chemist and druggist or druggist or pharmacist, or take or use

in connection with the sale of goods by retail the name or title of

chemist or any other name, title, addition or description implying

that he or any person employed by him is registered or entitled to

be registered under this Act.

(2) 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.

(3) 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

p a r t n e r s h i p 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.

(4) 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