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Samoa Sessional Legislation |
WESTERN SAMOA
PHARMACY ACT
1976, No. 7
________
Analysis
Title
PART I
PRELIMINARY
1. Short title
2. Interpretation
PART II
PHARMACEUTICAL COMMITTEE
3. Pharmaceutical Committee
4. Terms of office of appointed members
5. Extraordinary vacancies
6. Meetings
7. Secretary
8. Remuneration and allowances of Committee members
PART III
REGISTRATION OF QUALIFICATIONS
9. Register of pharmacists to be kept
10. Qualification and registration of pharmacists
11. Applications for registration
12. Applications to be considered by the Committee
13. Decisions of the Committee
14. Certificate of registration
15. Certificate of practice
16. Correction of register
17. Person registered to notify change of name or business address
18. Inspection of register
PART IV
SUSPENSION, DISCIPLINE, APPEALS, AND RE-REGISTRATION
19. Suspension of registration for disability
20. Every pharmacy to be under supervision of a pharmacist
21. Appeals from decisions of the Committee
22. Re-registration
23. Penalty for wrongfully procuring registration
PART V
MISCELLANEOUS
24. Offences in relation to dental and medical practitioners
25. Every pharmacy to be under supervision of a pharmacist
26. Certificate of the Committee to be evidence of registration
27. Act not to apply or affect Government pharmacies, etc.
28. Fees
29. Penalty for wrongfully using title of pharmacist
30. General penalty
31. Regulations
32. Revocation and savings
Schedule
_______
1976, No. 7
AN ACT to make provisions for the registration and control of pharmacists and for the practice of pharmacy.
[23 August 1976]
BE IT ENACTED by the Legislative Assembly of Western Samoa in Parliament assembled as follows: -
PART I
PRELIMINARY
1. Short title – This Act may be cited as the Pharmacy Act 1976
2. Interpretation – In this Act unless the context otherwise requires:
"Committee" means the Pharmaceutical Committee established under section 3:
"Commonwealth" means the Commonwealth of Nations and includes every territory for whose international relations the Government of any country of the Commonwealth is responsible; and also includes the Republic of Ireland as if that country were part of the Commonwealth:
"Director" means the Director of Health:
"Judge" means the Judge of the Supreme Court:
"Pharmacist" means a pharmacist qualified and registered under this Act:
"Pharmacy" means a shop or place of business in which pharmaceutical practice is carried on as a business:
"Prescribed" means prescribed by this Act, or by regulations made under this Act:
"Register" means the pharmaceutical register kept in accordance with this Act:
"Secretary" means the secretary appointed under section 7.
PHARMACEUTICAL COMMITTEE
3. Pharmaceutical Committee – (1) A Committee to be known as the Pharmaceutical Committee is hereby established.
(2) The following persons shall be members of the Committee:-
(a) The Director, who shall be the chairman;
(b) A person who is a pharmacist to be appointed by the Head of State, acting on the advance of Cabinet;
(c) A person who is a medical practitioner to be appointed by the Head of State, acting on the advice of Cabinet;
(d) A person to be appointed by the Head of State, acting on the advice of the Cabinet, to represent the interests of the public.
4. Terms of office of appointed members – (1) Subject to the other provisions of this Act, the appointed members of the Committee shall be appointed for a term of 3 years, but may be reappointed.
(2) Every appointed member unless he sooner vacates his office otherwise than by effluxion of time, shall continue in office until his successor comes into office, notwithstanding that the term for which he was appointed may have expired.
5. Extraordinary vacancies – (1) Any appointed member may be any time be removed from office by the Head of State, acting on the advice of Cabinet, for disability, inefficiency, bankruptcy, neglect of duty, misconduct or permanent departure from Western Samoa proved to the satisfaction of Cabinet, or may at any time resign his office by written notice addressed to the Secretary.
(2) The office of any appointed member shall become vacant if he dies or resigns or is removed from office, and thereupon the vacancy shall be treated as an extraordinary vacancy and shall be filled in the manner in which the original appointment to the vacant office was made.
6. Meetings – (1) At any meeting of the Committee 3 members shall be a quorum.
(2) At every meeting, the Director shall have a deliberative vote, and in the case of an equality of votes, he shall also have a casting vote.
(3) Every question before a meeting of the Committee shall be determined by a majority of the votes of the members.
(4) Except as otherwise provided in this Act or in any regulations, the Committee may regulate its procedure as it thinks fit.
7. Secretary – (1) There shall be a secretary to the Committee to be appointed by the Committee.
(2) The office of secretary may be held in conjunction with any other office in the Department of Health.
8. Remuneration and allowance of Committee members – There may be paid –
(a) To each member of the Committee, at a rate to be approved by Cabinet, travelling expenses reasonably incurred by him in the performance of his duties as a member of the Committee; and
(b) To any member of the Committee so long as he is not a full-time salaried officer or employee of the Government, such sum as my from time to time be approved by the Cabinet in respect of each day or part of a day that he spends on the business of the Committee.
REGISTRATION AND QUALIFICATIONS
9. Register of pharmacist to be kept – (1) The secretary shall set up and keep a register of persons qualified and entitled to be registered under this Act.
(2) The secretary shall enter in the register the full names, addresses and professional qualifications of every person registered under this Act, together with such other particulars as may from time to time be prescribed, or directed by the Committee.
10. Qualifications and registration of pharmacists – (1) After the expiration of the period of 3 months following the commencement of this Act, no person shall practise or carry on business in a pharmacy in Western Samoa unless he is registered as a pharmacist under this Act.
(2) Every person shall be entitled to registration as a pharmacist under this Act who satisfies the Committee –
(a) That he is of or over the age of 21 years;
(b) That he is of good character and reputation;
(c) That he holds a degree in pharmaceutical chemistry granted by any University in New Zealand, or in any other Commonwealth country approved for the purposes of registration by the Committee; or
(d) That he holds a certificate or diploma as a pharmaceutical chemist granted in New Zealand, or in any other Commonwealth country approved for the purposes of registration by the Committee; or
(e) That he holds the certificate in pharmacy obtained after undergoing at least 3 years' training as a pharmacist in the Fiji School of Medicine.
(3) Every person who, immediately prior to the commencement of this Act was registered as a pharmaceutical chemist under the Samoa Pharmacy Order 1924 (New Zealand) shall ipso facto be entitled to be registered as a pharmacist under this Act.
11. Applications for registration – (1) Every application under this Act for registration shall be made in writing to the secretary in Form 1 set out in the First Schedule and shall be accompanied by –
(a) 2 current references as to the applicant's good character and reputation given by pharmacists of good standing (whether in Western Samoa or elsewhere);
(b) Evidence to the satisfaction of the Committee of the applicant's qualifications and practical experiences; and
(c) The prescribed fee.
(2) No entry of the name of any person shall be made in the register kept under this Act except pursuant to a direction of the Committee.
12. Application to be considered by the Committee – (1) At its first meeting after any application for registration has been submitted to the secretary, or as soon thereafter as may be practicable, the Committee shall consider the application and shall give such directions to the secretary in respect thereof as it thinks fit and as is by this Act authorised.
(2) Before giving any such direction the Committee may, if it thinks fit, examine on oath the person making the application or any person objecting to the application or any other person, with respect of the application, and for the purposes of any such examination the chairman may administer an oath to any person appearing before a meeting of the Committee.
(3) The Committee may, if it thinks fit, require any person to verify by statutory declaration any statement made by him with respect to any application before the Committee or with respect to any objection thereto.
13. Decisions of the Committee – (1) If the Committee after considering any such application is of the opinion that the applicant is entitled to be registered it shall so direct and the secretary shall thereupon register the applicant and shall notify him accordingly in writing.
(2) If the Committee after considering any such application is of the opinion that the applicant is not entitled to be registered it shall so direct and the Secretary shall thereupon refuse to register the applicant and shall notify him accordingly in writing.
14. Certificate of registration - Every person registered under this Act shall be entitled to a certificate of registration in Form 2 set out in the First Schedule.
15. Certificate of practice – (1) Every person who is registered under this Act, and whose registration is not for the time being suspended shall be in every year on payment of the prescribed fee be entitled to received a practising certificate for that year under the hand of the secretary.
(2) Every practising certificate shall be in Form 3 set out in the First Schedule and shall expire with the 31st day of December in the year for which it is issued.
(3) No person shall practice as a pharmacist in a private capacity or carry on business in a pharmacy in Western Samoa unless -
(a) He is registered as a pharmacist under this Act; and
(b) He is the holder of a current practising certificate under this section; and
(c) In the case of a person holding the qualification prescribed by paragraph (c) of subsection (2) of section 10 he has had at least 5 years of practical experience as a pharmacist in any pharmacy (not being a Government pharmacy) approved by the Committee.
16. Correction of register – (1) If any person has been registered under this Act by reason of any false or fraudulent representation or declaration, made either orally or in writing, or it any person not entitled to be registered under this Act has been so registered, the Committee shall cause the name of that person to be removed from the register.
(2) Where it appears to the Committee that the name of any person is incorrectly stated in, or has been incorrectly removed from the register, the Committee may correct the register accordingly.
(3) Upon receiving creditable notice of the death of any person registered under this Act, the secretary shall remove the name of that person from the register.
(4) If any person registered under this Act applies to the secretary to have his name removed from the register, the secretary shall, if the Committee so directs, remove the name from the register accordingly.
17. Person registered to notify change of name or business address – Every person registered under this Act who at any time changes his name or business address as appearing on the register shall, within 3 months thereafter, send to the secretary a notice of his new name or business address. Thereupon the secretary shall alter the register accordingly.
18. Inspection of register – The register shall at all reasonable times be opened to the public for inspection at the office of the secretary at Apia, subject to payment of the prescribed fee.
PART IV
SUSPENSION, DISCIPLINE, APPEALS, AND RE-REGISTRATION.
19. Suspension of registration for disability – (1) If at any time the Committee is satisfied that any pharmacist is unable, by reason of mental or physical disability, to perform his duties satisfactorily, and that, because he may attempt to perform those duties, it is necessary in the public interest to prevent him from so doing, the Committee may direct that the registration of that pharmacist be forthwith suspended.
(2) The Committee may at any time either on application by or on behalf of that pharmacist or of its own motion, revoke any such suspension.
(3) The secretary, after noting each such suspension or revocation of suspension in the register, shall notify the pharmacist accordingly in writing.
20. Disciplinary powers of the Committee – (1) if the Committee is satisfied in respect of any person registered under this Act that that person, whether before or after he become registered,-
(a) Has been guilty of disgraceful conduct in a professional respect;
(b) Has been guilty of professional misconduct as a pharmacist -
it may, in its discreation, either cause that person's name to be removed from the register, or suspend his registration under this Act for a period not exceeding 12 months, or impose a fine of such amount as it thinks fit not exceeding 100 tala.
(2) The Committee may, if it thinks fit, determine that the decision of the Committee under this section in relation to any person shall not come into effect until a notice of appeal is given under section 21 or if no such notice is given until the period within which such a notice may be given has expired. If within that period such a notice is given, the decision of the Committee shall not take effect unless and until it is confirmed by a Judge or the appeal is for any reason dismissed by a Judge:
Provide that in any such case the decision shall take effect from the date of the decision of the Judge hearing the appeal or from such other date as the Judge may fix.
(3) Before exercising its powers under subsections (1) and (2), the Committee shall cause to be served on the person concerned a notice –
(a) Specifying the allegations against that person in sufficient detail to enable him to prepare adequately any defence that he may have to such allegations; and
(b) Specifying a time and place at which he may appear before the Committee to answer the allegations being such as will give the person reasonable opportunity to prepare any defence that he may have;
(c) Informing him that he may appear before the Committee at the time and place appointed, either personally or by his legal adviser or other representative, and cross examine any witnesses called against him, and call evidence and make submissions on his own behalf.
(4) Before exercising his powers under subsections (1) and (2), the Committee shall hold a hearing in accordance with the terms of the notice referred to in subsection (3).
(5) For the purpose of hearing, the Committee shall have the same powers and privileges as are conferred on a Commission of Inquiry by the Commissions of Inquiry Act 1964.
(6) Any hearing of any matter under this section may be adjourned by the Committee from time to time and from place to place.
(7) If any monetary penalty imposed by the Committee is not paid within the time specified by the Committee in that behalf, or within such extended time as the Committee may allow, the Committee may suspend the registration of the person liable for the payment of the penalty until the penalty is paid.
(8) Whenever the Committee shall exercise any authority under this section in the case of any employee of the Public Service, the secretary shall forthwith in writing notify the Public Service Commission of the determination or decision of the Committee.
21. Appeals from decisions of the Committee – (1) Every person who is dissatisfied with any determination or decision of the Committee relating to an application by him for registration or to the removal of his name from the register, or to the suspension of his registration, or to the refusal to revoke any such suspension, or to the imposition on him of any fine, may, within 28 days after notice of the decision has been communicated to him by the secretary, give a notice of appeal to the secretary, and to the Registrar of the Supreme Court.
(2) A Judge shall hear the appeal as soon as practicable, and may confirm, reverse or modify the decision of the Committee, including the giving of any decision which the Committee could have given under this Act. The Judge's decision shall be final.
(3) On any appeal under this section, the Judge may make such order as to costs as he shall think fit.
22. Re-registration – (1) Where the registration of any person is refused or revoked by the Committee, or on appeal, by a Judge, the Committee shall not be obliged to consider any further application by that person for registration under this Act for a period of 2 years following such refusal or revocation or, subject to subsection (2), for such further period as the Committee thinks fit; and in allowing such subsequent application, the Committee may impose conditions precedent to registration to be undergone by the applicant.
(2) Any person aggrieved by a refusal of the Committee to consider any such further application during such period may within 28 days after notice of the refusal has been communicated to him by the secretary, give a notice of appeal to the secretary, and to the Registrar of the Supreme Court.
(3) A Judge shall hear any such appeal as soon as practicable, and may make such order on the application (including any order as to costs) as he thinks fit. The Judge's decision shall be final.
23. Penalty for wrongfully procuring registration – Every person who wilfully makes or causes to be made any false entry in, or falsification of, the register, or procures or attempts to procure himself or any other person to be registered under this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either orally or in writing, commits an offence, and is liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding 500 tala, or both.
PART V
MISCELLANEOUS
24. Offences in relation to dental and medical practitioner – Every pharmacist, or proprietor or manager of a pharmacy, commits an offence against this Act who gives, offers, or agrees to give, to any dental practitioner or medical practitioner or to any other person any money or other consideration as a commission on prescriptions.
25. Every pharmacy to be under supervision of a pharmacist – Notwithstanding anything in this Act, no person shall keep, or permit to be kept or manage, any pharmacy which is not for the time being under the immediate supervision and control of a pharmacist.
26. Certificate of the Committee to be evidence of registration – A certificate under the hand of the secretary to the effect that any person was or was not registered as a pharmacist under this Act at any time during any period specified in the certificate, or a certificate under the hand of the secretary as to any entry in the register, or as to any act or proceeding of the Committee, shall until the contrary is proved be sufficient evidence of the matters therein certified.
27. Act not to apply or affect Government pharmacists, etc. – Nothing in this Act shall apply to or affect –
(a) Any right of the Government to charge any fees for any drugs, medicines, and other pharmaceutical items and preparations supplied in or from any hospital;
(b) Any Government pharmacy or any officer of the Government or any other person who dispenses drugs, medicines, and other pharmaceutical items and preparations by and under the authority of the Director;
(c) The lawful occupation, practice or business of any medical practitioner, dental practitioner veterinary surgeon, or registered midwife, maternity nurse or nurse.
28. Fees – (1) The fees prescribed in the Second Schedule shall be paid in respect of the matters specified in that Schedule.
(2) All fees payable and all fines imposed under this Act shall be paid to the secretary, and shall be accounted for by the secretary as public moneys.
29. Penalty for wrongfully using title of pharmacist – (1) Every person commits an offence against this Act who contravenes subsection (1) of section 10 or subsection (3) of section 15.
(2) Every person commits an offence against this Act who, not being qualified to be a pharmacist by virtue of this Act or by virtue of any degree, diploma, certificate, licence, qualification, or registration obtained outside Western Samoa, describes himself or otherwise holds himself out as a pharmacist.
(3) Nothing in subsection (2) shall be construed so as to entitle any person to practise pharmacy in contravention of subsection (1) of section 10.
(4) Every person who commits an offence specified in subsection (1) or subsection (2) shall be liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding 200 tala, and to a further fine not exceeding 20 tala for every day or part of a day during which the offence has continued.
30. General penalties – (1) Every persons commits an offence against this Act who contravenes section 24 and section 25 and shall be liable on conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding 500 tala and, if the offence is a continuing one, to a further fine not exceeding 200 tala for every day or part of a day during which the offence has continued.
(2) Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this subsection shall be liable to a fine not exceeding 200 tala and, if the offence is a continuing one, to a further fine not exceeding 5 tala for every day or part of a day during which the offence has continued.
(3) If any body corporate is convicted of an offence against this Act or against any regulation made under this Act, every director and every person concerned in the management of the body corporate with whose knowledge, authority, permission, or consent the act constituting the offence took place, himself commits an offence, and shall be liable on conviction to a fine not exceeding that imposed on the body corporate.
31. Regulations – The Head of State, acting on advice of Cabinet, may from time to time make regulations for all or any of the following purposes:-
(a) Prescribing the form and contents of and the method of keeping any register under this Act;
(b) Prescribing the forms of applications, certificates, and other documents required under this Act, what notice (if any) shall be given of applications, the manner in which notices may be served, and the times when they shall be deemed to have been served;
(c) Prescribing the fees (whether in addition to or in substitution for the fees prescribed by this Act) payable in respect of applications for registration, registration and giving of certificates under this Act, in respect of any alteration of or addition to any register kept under this Act, in respect of inspections of any such register, and in respect of any other matters under this Act;
(d) Prescribing the procedure of the Committee;
(e) Prescribing fines, not exceeding 50 tala, for the breach of any regulations;
(f) Providing for such other matters as may be contemplated by or necessary for giving full effect to this Act and for its due administration.
32. Revocation and savings – (1) The Samoa Pharmacy Order 1924 (New Zealand) is revoked.
(2) The revocation of Samoa Pharmacy Order shall not affect the validity and effect of any document or anything done under that Order, and every such document or thing, so far as it is subsisting or in force at the time of the revocation and not being inconsistent with this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act.
_________
SCHEDULES
FIRST SCHEDULE
Section 11 (1):
Form 1
APPLICATION FOR REPRESENTATION UNDER THE PHARMACY ACT 1976
The Secretary,
Pharmaceutical Committee,
APIA.
APPLICATION is hereby made for registration as a pharmacist under the provisions of the pharmacy Act 1976. I submit the following particulars:-
1. Full name: ................................... (Surname first. Block letters.)
2. Address: Residence: ........................... Work or practice: .....................
3. Date of birth: ............................. Place of birth: ..................................
4. Qualifications, conferring authority and year of issue of each dagree, degree, diploma, certificate, etc.: .....................................................................
5. History of work or practice since qualifying:
| Place: | Date: | |
| From: | To: | |
| | | |
(Complete on separate sheet if space insufficient).
6. Reasons for being in Western Samoa: ....................................................
7. Countries where now registered as a pharmacist: .......................................
8. I have not at any time been removed from any register of pharmacists in any country where I have been or is registered. (If so removed, state the date and reasons for removal.): ........................................................................................
.......................................................................................................
9. I enclose: (a) 2 current references as to my good character and reputation given by:
.......................................... (Name)
.......................................... (Designation)
.......................................... (Address)
and,
.......................................... (Name)
.......................................... (Designation)
.......................................... (Address).
(b) The fee of $...............................
I HEREBY certify that I am the person applying for registration as a pharmacist in Western Samoa, and that I am the person named in the above degrees, diplomas, certificates, etc., (delete or add as appropriate), and that the information I have given above is true and correct.
DATED at .......................... this ................. day of ........................ 19.........
..............................
(Signature of Applicant)
NOTE: Under the Pharmacy Act 1976, the Pharmaceutical Committee in its discretion may require evidence, other than those submitted, of the applicant's qualifications and practical experience; and may examine on oath the applicant or any other person with respect to the application; or may require the applicant to verify by statutory declaration any statement made by him in his application.
Form 2
Section 14:
Certificate of Registration Under the Pharmacy Act 1976
I HEREBY certify that ................................................. is registered as a pharmacist, h......... name having been duly entered in the Register of Pharmacists of Western Samoa on the ................ day of ............... 19.........
DATED at Apia this ............ day of ...................... 19......
......................................
Secretary to the Pharmaceutical
Committee
(Seal)
Signature of holder: ..................................
Form 3
Section 15(2):
Annual Practising Certificate of Registered Pharmacist
I HEREBY certify that ................................... is registered as a pharmacist in Western Samoa under the provisions of the Pharmacy Act 1976 and is entitled to practise as a pharmacist until the 31st day of December 19.........
DATED at Apia this .............. day of .......................... 19.........
......................................
Secretary to the Pharmaceutical
Committee
(Seal)
SECOND SCHEDULE
Section 28(1):
Fees
On application for registration ............................................................ $10.00
For certificate of registration ............................................................ 2.00
For annual practising certificate ........................................................... 2.00
For any inspection of the register ......................................................... 1.00
________________
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