Pharmacy Act, 1994 Act 489 (Revised Edition)

ACT 489
Pharmacy Act, 1994
ACT 489
PHARMACY ACT, 1994
ARRANGEMENT OF SECTIONS
Establishment and Functions ofPharmacy Authority
SECTION
1. Establishment of the Authority. 2. Functions of the Authority. 3. Governing body of the Authority. 4. Tei m of office of members. 5. Meetings of the Council. 6. Power to co-opt. 7. Committees of the Council. Finance and Administration
8. Allowances. 9. Appointment of other staff. 10. Regional offices of the Authority. 11. Expenses of the Authority. 12. Accounts and audit. 13. Annual report. 14. Ministerial responsibility. Regulation of Pharmacy Practice
15. Pharmacists to register. 16. Application for registration. 17. Certificate of registration. 18. Registrar. 19. Register of pharmacists. 20. Functions of the registrar. 21. Abridgement of registration. 22. Re-registration. 23. Disciplinary committee. 24. Restriction on use of “pharmacists” and “pharmacy”. 25. Annual publication of list of pharmacists. Pharmacies, Licensing ofPremises
26. Operation of pharmacies. 27. Certificate to supply restricted drugs from premises. 28. Licensing of bodies. 29. Licensed chemical sellers. 30. Licence for wholesale supply of restricted drugs. 31.

pply restricted drugs from premises. 28. Licensing of bodies. 29. Licensed chemical sellers. 30. Licence for wholesale supply of restricted drugs. 31.

Premises from which restricted drugs may be supplied. 32. Action to be taken after supply of restricted drugs. VI-2951 [Issue 1]

Premises from which restricted drugs may be supplied. 32. Action to be taken after supply of restricted drugs. VI-2951 [Issue 1]

ACT 489
Pharmacy Act, 1994
SECTION
33. Supply of dangerous drugs. 34. Dangerous drugs record book. 35. Prescription for supply of Class A drugs. 36. Restriction on preparation of restricted drugs. 37. Supply of Class B drugs. 38. Possession of dangerous drugs. 39. Classification of drugs. 40. Medical aid. Miscellaneous
41. Entry of premises. 42. Powers of investigation. 43. Obstruction. 44. Inspection officer to produce document. 45. Offences and penalties. 46. Regulations. 47. Interpretation. 48. Repeal and saving. ACT 489
PHARMACY ACT, 1994’
AN ACT to revise the laws relating to pharmacy, to establish a Pharmacy Council,
for the registration of pharmacies, the regulation and control of the practice of
pharmacy, the distribution of pharmacies, the licensing of premises for pharma
cies and to provide for related matters. Establishment and Functions ofPharmacy Council
1. Establishment of the Authority
There is hereby established a Pharmacy Authority as a public corporation with all the
powers of a body corporate. 2. Functions of the Authority
(1) The Authority is responsible for securing in the public interest the highest stan
dards in the practice of pharmacy.

2. Functions of the Authority
(1) The Authority is responsible for securing in the public interest the highest stan
dards in the practice of pharmacy.

(2) Without prejudice to subsection (1), the Authority shall
(a) ensure that courses of study and training in pharmacy at an institution in
the Republic guarantee the necessary knowledge and skills needed for the
efficient practice of pharmacy;
1. The Act was assented to on 30th December 1994, and notified in the Gazette on 30th December, 1994. [Issue 1] VI - 2952

icient practice of pharmacy;
1. The Act was assented to on 30th December 1994, and notified in the Gazette on 30th December, 1994. [Issue 1] VI - 2952

ACT 489
Pharmacy Act, 1994
(b) determine in consultation with the appropriate educational institutions
courses of instruction and practical training for pharmacy students;
(c) prescribe standards of professional conduct;
(d) exercise disciplinary power over pharmacists;
(e) uphold and enforce professional standards through the disciplinary powers
conferred on it;
(f) keep a register of duly qualified and practising pharmacists; and
(g) regulate the distribution of pharmacies in the country. 3.

conferred on it;
(f) keep a register of duly qualified and practising pharmacists; and
(g) regulate the distribution of pharmacies in the country. 3.

Governing body of the Authority
(1) The governing body of the Authority is a Council consisting of
(a) a registered pharmacist of not less than fifteen years standing as a phama-
cist, as the chairman;
(b) the diiector of pharmaceutical services of the Ministry of Health;
(c) the Dean of the Faculty of Pharmacy, Kwame Nkrumah University of Sci
ence and Technology;
(d) the President of the Pharmaceutical Society of Ghana;
(e) two registeied pharmacists including at least one fellow, elected by the
Pharmaceutical Society of Ghana;
(f) two other persons one of whom is a pharmacist and the other a legal practi
tioner of not less than ten years standing as a lawyer; and
(g) the registrar of the Authority. (2) The members of the Council shall be appointed by the President in accordance
with article 70 of the Constitution. 4. Term of office of members
The members of the Council specified in paiagraphs (a), (e) and (f) of section 3 shall
hold office for three years and are eligible for re-appointment. 5. Meetings of the Council
(1) The Council shall meet at least once in three months for the despatch of business
at the times and places delemined by the chairman.

f the Council
(1) The Council shall meet at least once in three months for the despatch of business
at the times and places delemined by the chairman.

(2) The quorum at a meeting of the Council is five. (3) The chairman shall preside at each meeting of the Council and in the absence of
the chairman a member of the Council elected by the members present from among their
number shall preside. (4) A decision at a meeting of the Council shall be that of the majority of the mem-
beis present and voting and in the event of an equality of votes, the person presiding at
the meeting shall have a casting vote. (5) The validity of proceedings of the Council shall not be affected by a vacancy in
its membership or a defect in the appointment or qualification of a member. VI - 2953 [Issue 1]

s of the Council shall not be affected by a vacancy in
its membership or a defect in the appointment or qualification of a member. VI - 2953 [Issue 1]

ACT 489
Pharmacy Act, 1994
(6) Except as otherwise provided in this Act, the Council shall regulate the procedure
for its meetings. 6. Power to co-opt
The Council may co-opt a person to act as an adviser at any of its meetings but a co
opted person is not entitled to vote at the meeting. 7. Committees of the Council
(1) The Council may appoint the committees that it considers necessary, and delegate
to a committee any of its functions. (2) A committee appointed by the Council may include members or non-members of
the Council, but shall be chaired by a member of the Council. Finance and Administration
8. Allowances
There may be paid to the members of the Council, members of a committee of the
Council and to persons co-opted to attend meetings of the Council the allowances approved
by the Minister for Finance in consultation with the Minister for Health. 9. Appointment of other staff
(1) There shall be appointed for the Authority the officers who it may require for the
effective performance of its functions. (2) The President shall in accordance with article 195 of the Constitution appoint the
officers and the other staff of the Authority. 10.

s functions. (2) The President shall in accordance with article 195 of the Constitution appoint the
officers and the other staff of the Authority. 10.

Regional offices of the Authority
(1) The Authority shall establish in each Region a regional office of the Authority. (2) There shall be appointed for the regional offices of the Authority the required
number of officers for the performance of the functions of the Council in the regions. (3) A regional office of the Authority shall perform the functions of the Authority de
termined by the Council. (4) The Council may create other lower offices as may facilitate the operations of the
Authority. 11. Expenses of the Authority
Parliament shall provide for the Authority the moneys that it may require for the ef
fective performance of its functions. 12. Accounts and audit
(1) The Authority shall keep books of account and proper records in relation to them
in a form approved by the Auditor-General. (Issue 1] VI - 2954

it
(1) The Authority shall keep books of account and proper records in relation to them
in a form approved by the Auditor-General. (Issue 1] VI - 2954

ACT 489
Pharmacy Act, 1994
(2) The accounts of the Authority shall be audited by the Auditor-General within six
months after the end of each financial year. 13. Annual report
(1) The Council shall submit an annual report on its activities to the Minister within
six months after the end of the financial year. (2) The financial year of the Authority shall be the same as the financial year of the
Government. 14. Ministerial responsibility
The Minister for Health has ministerial responsibility for the Authority. Regulation ofPharmacy Practice
15. Pharmacists to register
A person shall not practise as a pharmacist unless that person is registered in accor
dance with this Act. 16. Application for registration
A person seeking registration shall apply in the prescribed form to the registrar of the
Authority. 17.

ith this Act. 16. Application for registration
A person seeking registration shall apply in the prescribed form to the registrar of the
Authority. 17.

Certificate of registration
(1) Subject to subsection (2), where the Council is satisfied that an applicant is of
good character and
(a) holds a degree in pharmacy, or
(b) holds a qualification equivalent to a degree that entitles the applicant to be
registered as a pharmacist in the country where the qualification was
obtained,
it shall direct the registrar to enter the applicant’s name in the register and to issue the
applicant with a certificate of registration on the payment of the prescribed fee by the
applicant. (2) A person shall not be registered under subsection (1) unless that person has taken
and passed the Ghana pharmacy professional qualifying examination. 18. Registrar
(1) The Authority shall have a registrar who shall be appointed by the President in
accordance with article 195 of the Constitution. (2) The registrar shall hold office on the terms and conditions specified in the letter
of appointment. (3) A person shall not be appointed the registrar unless that person is a pharmacist
with at least ten years experience as a pharmacist and is the holder of a relevant post
giaduate qualification. VI - 2955 [Issue 1]

on is a pharmacist
with at least ten years experience as a pharmacist and is the holder of a relevant post
giaduate qualification. VI - 2955 [Issue 1]

ACT 489
Pharmacy Act, 1994
19. Register of pharmacists
(1) The registrar shall keep a register of pharmacists in which shall be recorded by
the registrar the names of registered pharmacists. (2) The register shall be in the form determined by the Council. 20. Functions of the registrar
The registrar is responsible, subject to the directions of the Council, for the day-to-day
administration of the affairs of the Authority and is answerable to the Council in the per
formance of functions under this Act. 21. Abridgement of registration
(1) A certificate of registration issued under section 17 may be cancelled or sus
pended for the period determined by the Council where disciplinary enquiry conducted
by the Council confirms that the registered pharmacist
(a) has been convicted of an offence under this Act, or
(b) has been convicted of an offence related to pharmacy under any other en
actment and sentenced to imprisonment, or
(c) is guilty of professional misconduct. (2) A person aggrieved by the cancellation or suspension of a certificate of registra
tion may appeal against the decision to the High Court.

conduct. (2) A person aggrieved by the cancellation or suspension of a certificate of registra
tion may appeal against the decision to the High Court.

(3) Where a certificate of registration is to be cancelled or suspended, the registrar
shall
(a) serve on the pharmacist a notice informing the pharmacist of the order and
requiring the pharmacist to deliver the certificate within twenty-one days of
the date of the service,
(b) publish in the Gazette a notice of the cancellation or suspension, and
(c) in the case of cancellation, delete the name of the pharmacist from the reg
ister of pharmacists. (4) Despite subsection (3), where a pharmacist appeals against a cancellation or sus
pension, the registrar shall only act in accordance with subsection (3) on the expiration of
the period of notice of appeal or after the disposal of the appeal. (5) The registrar shall, at the expiration of a suspension period, return the certificate
to the pharmacist, and publish a notice of the expiration of the suspension in the Gazette. 22. Re-registration
A registered pharmacist whose registration is cancelled may apply for re-registration
if a period of not less than five years has elapsed since notice of the cancellation was pub
lished in the Gazette. [Issue 1] VI - 2956

e-registration
if a period of not less than five years has elapsed since notice of the cancellation was pub
lished in the Gazette. [Issue 1] VI - 2956

ACT 489
Pharmacy Act, 1994
23. Disciplinary committee
(1) Without prejudice to section 7, there is hereby established a disciplinary commit
tee of the Authority consisting of
(a) the president of the Pharmaceutical Society of Ghana,
(b) the Director of Pharmaceutical Services of the Ministry of Health,
(c) the legal professional member of the Board,
(d) the Dean of the Faculty of Pharmacy, Kwame Nkrumah Science and Tech
nology, and
(c) a pharmacist elected by the Board from among its members. (2) The disciplinary committee shall enquire into matters relating to professional con
duct and standards of pharmacists which are referred to it by the Council. (3) The procedure of the disciplinary committee and penalties that it may recommend
to the Council shall be prescribed by the Regulations. (4) A person aggrieved by a decision of the Council in a disciplinary matter may ap
peal to the High Court. 24. Restriction on use of “pharmacists” and “pharmacy”
(1) A person who is not a pharmacist shall not use the description or pose as a phar
macist by the use of the terms “pharmacist”, “chemist”, “dispenser of drugs”, “druggist”,
“compounder of drugs”, or any other similar term.

as a phar
macist by the use of the terms “pharmacist”, “chemist”, “dispenser of drugs”, “druggist”,
“compounder of drugs”, or any other similar term.

(2) A person shall not open or permit any other person to open any premises to the
public under the description of “pharmacy”, “dispensary”, “chemist”, “drug store” or any
other similai description unless a registered pharmacist is on the premises to supervise
the dispensing of drugs or medication. 25. Annual publication of list of pharmacists
The registrar shall publish a list of registered pharmacists of good standing in the
Gazette in January of each year. Pharmacies, Licensing ofPremises
26. Operation of pharmacies
Subject to this Act, a person shall not operate as a retail pharmacy unless that person
is a registeied pharmacist. 27. Certificate to supply restricted drugs from premises
(1) Wheie the Council is satisfied that premises are suitable for the supply of restricted
drugs, other than Class A or B drugs, it may direct the registrar to issue in respect of the
premises a general or limited certificate if an application is made in respect of either
certificate. (2) The registrar shall, on the payment of the prescribed fee, issue the appropriate
certificate to the applicant on the direction of the Council. VI - 2957 (Issue 1]

r shall, on the payment of the prescribed fee, issue the appropriate
certificate to the applicant on the direction of the Council. VI - 2957 (Issue 1]

ACT 489
Pharmacy Act, 1994
(3) A person who supplies restricted drugs from premises in respect of which a cer
tificate is issued shall notify the Council of a material alteration in the structure of the
premises within six months of the alteration. (4) The Council may revoke a certificate if it is satisfied that the physical conditions
of the premises have ceased to be suitable for the supply of restricted drugs. 28. Licensing of bodies
(1) Subject to this Act, where an application is made in the prescribed form by a
company, and the Council is satisfied
(a) that the applicant is fit to carry on the business of mixing, compounding,
preparing, or supplying restricted drugs by retail, and
(b) that the applicant’s business of mixing, compounding, preparing or supply
ing restricted drugs by retail will be carried on under the supervision of a
pharmacist,
the Council may direct the registrar to issue to the applicant on payment of the prescribed
fee, a licence authorising the applicant to continue the business.

cil may direct the registrar to issue to the applicant on payment of the prescribed
fee, a licence authorising the applicant to continue the business.

(2) Where the Council is satisfied that a company has acted contrary to a provision of
this Act, or a condition specified in the licence has ceased to exist for the continuation of
the business referred to in subsection (1), it may revoke the licence. 29. Licensed chemical sellers
(1) Despite section 28, where an application is made in the prescribed form by a per
son, other than a pharmacist or body corporate, and the Council is satisfied
(a) that the applicant is fit to continue the business of supplying by retail re
stricted drugs, other than Class A or B drugs, and
(b) that the area in which the applicant proposes to continue that business is
not sufficiently served by existing facilities for the retail supply of those
drugs,
it may direct the registrar, on the payment of the prescribed fee by the applicant, to issue
to the applicant a licence authorising the applicant to continue the business of supplying
by retail restricted drugs, other than Class A or B drugs, on the premises specified in the
licence.

e applicant to continue the business of supplying
by retail restricted drugs, other than Class A or B drugs, on the premises specified in the
licence.

(2) The Council may revoke a licence, if it is satisfied that the licence holder has con
travened a provision of this Act, or that a condition specified in the licence has ceased to
exist for the continuation of the business of supplying by retail restricted drugs, other
than Class A or B drugs. (3) The Council may, instead of revoking a licence under subsection (2), impose a
penalty not exceeding five hundred penalty units on the licence holder. 30. Licence for wholesale supply of restricted drugs
(1) A person shall not continue the business of supplying restricted drugs by whole
sale unless that person has a licence issued in accordance with this section. [Issue 1] VI - 2958

the business of supplying restricted drugs by whole
sale unless that person has a licence issued in accordance with this section. [Issue 1] VI - 2958

ACT 489
Pharmacy Act, 1994
(2) Where an application is made for a licence in the prescribed form to continue the
business of supplying restricted drugs by wholesale, and the Council is satisfied that the
applicant qualifies for the licence, the Council may, on payment of the prescribed fee by
the applicant, grant the licence. (3) A licence granted under this section may include a condition prohibiting or limit
ing the supplying of restricted drugs of a particular description. (4) The Council may revoke a licence if it is satisfied that the licence holder has con
travened a provision of this Act or a condition specified in the licence has ceased to exist
for the continuation of the business of supplying restricted drugs by wholesale. 31. Premises from which restricted drugs may be supplied
A person shall not continue a business of supplying from any premises the restricted
drugs classified by the Regulations as
(a) Class A drugs,
(b) Class B drugs,
(c) Class C drugs,
unless that pet son has a valid general or limited licence issued under this Act in relation
to those premises. 32.

Class B drugs,
(c) Class C drugs,
unless that pet son has a valid general or limited licence issued under this Act in relation
to those premises. 32.

Action to be taken after supply of restricted drugs
Where a restricted drug is supplied under prescription, the supplier of the drug shall
(a) enter on the prescription in legible writing the date on which the drug is
supplied, and the name and address of the supplier, and
(b) if the drug is fully dispensed, retain the prescription for a period of two
years on the premises at which the drug is dispensed, in a manner as to be
readily available for inspection. 33. Supply of dangerous drugs
A person shall not supply a dangerous drug unless
(a) the drug is in a container of the prescribed description, and
(b) the container bears a label indicating the prescribed particulars of its contents. 34. Dangerous drugs record book
(1) A person who supplies Class A or B drugs shall keep on the premises from which
those drugs are supplied a dangerous drugs record book. (2) Before a person supplies Class A drugs that person shall record in the dangerous
drugs record book,
(a) the name and quantity of the drug to be supplied,
(b) the name and address, signature or thumbprint of the person to whom the
ding is supplied,
(c) the signature of the person who supplies the drug, and
(d) the date of supply.

signature or thumbprint of the person to whom the
ding is supplied,
(c) the signature of the person who supplies the drug, and
(d) the date of supply.

VI - 2959 (Issue 1]

VI - 2959 (Issue 1]

ACT 489
Pharmacy Act, 1994
(3) Where a drug is supplied under a prescription which is retained by the supplier of
the drug and an entry is made in the dangerous drug record book enabling the prescrip
tion to be referred to, an entry need not be made in the dangerous drug record of the par
ticulars specified in the prescription. 35. Prescription for supply of Class A drugs
A pharmacist or licensed company shall not supply Class A drugs except under a pre
scription issued by a medical practitioner, a dentist or a veterinary practitioner. 36. Restriction on preparation of restricted drags
(1) A person shall not mix, compound, prepare or supply a restricted drug unless that
person is a pharmacist or is a licensed company.

estricted drags
(1) A person shall not mix, compound, prepare or supply a restricted drug unless that
person is a pharmacist or is a licensed company.

(2) Subsection (1) does not apply to
(a) the supply of a drug by a medical practitioner, dentist or veterinary surgeon
to a patient in urgent need of treatment,
(b) the supply of a drug other than a Class A or B drug by a licensed chemical
seller,
(c) the mixing compounding or preparing of a drug under the supervision of a
pharmacist by a student or a trainee undergoing instructions at an institu
tion approved by the Council, or
(d) the supply of a drug in accordance with directions given by a medical prac
titioner to an out-patient attending a medical treatment centre, or to an in
patient by a nurse. 37. Supply of Class B drugs
A pharmacist or licensed company may supply Class B drugs to a person, without
prescription if the supplier of the drug reasonably believes that person to be a proper per
son to whom the drug is to be supplied. 38. Possession of dangerous drugs
Subject to this Act, a person shall not possess or control dangerous drugs. 39.

to whom the drug is to be supplied. 38. Possession of dangerous drugs
Subject to this Act, a person shall not possess or control dangerous drugs. 39.

Classification of drugs
The Minister shall, on the advice of the Food and Drugs Board established under the
Food and Drugs Act, 1992,2 by legislative instrument specify drugs that are classified as
Class A, Class B and Class C for the purposes of this Act, and may prescribe conditions
for the importation, possession, supply and dispensing of any of those drugs. 40. Medical aid
(1) Despite anything contained in section 48 of the Medical and Dental Act, 19723
2. P.N.D.C.L. 305B. 3. N.R.C.D. 91. (Issue 1] VI - 2960

Medical aid
(1) Despite anything contained in section 48 of the Medical and Dental Act, 19723
2. P.N.D.C.L. 305B. 3. N.R.C.D. 91. (Issue 1] VI - 2960

ACT 489
Pharmacy Act, 1994
(which restricts the rights to practise medicine or dentistry and to recover charges for it) a
pharmacist may give medical and dental advice or aid
(a) by way of tiist aid in the case of an accident, or
(b) by way of fii st aid treatment in the case of simple ailments of common occur
rence where it is not reasonably practicable for the patient to consult a medi
cal practitioner or dentist. (2) The pharmacist shall, in the case of an emergency, immediately or within twenty-
four hours of administering the initial dosage, refer the patient to a medical practitioner or a
dentist and shall in the refeiral, state the drugs used and the extent of the treatment given. Miscellaneous
41. Entry of premises
(1) A person authorised by the Council, may for the purposes of section 42, enter at a
reasonable time
(a) premises in tespect of which a licence or a certificate issued under this Act
is valid, or
(b) premises on or in relation to which that person has reasonable cause to be
lieve that an offence with respect to this Act has been committed.

, or
(b) premises on or in relation to which that person has reasonable cause to be
lieve that an offence with respect to this Act has been committed.

(2) A police officet not below the rank of assistant superintendent may enter any
premises if that officer has reasonable cause to believe that an offence with respect to this
Act has been committed. 42. Powers of investigation
(1) An inspecting officer authorised under section 41 to enter any premises
(a) may require a person on the premises to furnish information in that per
son’s possession concerning the activities on the premises, and the persons
involved in the activities,
(b) may inspect the premises and the articles found on the premises, and
(c) may take away a drug found on the premises. (2) Where a drug is taken away under subsection (1) reasonable payment for the drug
shall be tendered by the inspecting officer. (3) Despite subsection (2),
(a) a payment shall not be tendered in respect of a drug if the inspecting officer
reasonably suspects that the drug is unfit for its purpose by reason of dete
rioration, impurity, adulteration or other defect, or
VI - 2961 [Issue 1]

reasonably suspects that the drug is unfit for its purpose by reason of dete
rioration, impurity, adulteration or other defect, or
VI - 2961 [Issue 1]

ACT 489
Pharmacy Act, 1994
(b) if the drug is found to be fit, reasonable payment shall be tendered by the
inspecting officer in respect of the portion of the drug that is not returned to
its owner in good condition, or
(c) a payment shall not be tendered in respect of a drug if the inspecting officer
anticipates that proceedings for an offence under this Act may be brought
in respect of the drug. (4) Where proceedings are not commenced under subsection (3) within six months,
reasonable payment shall be tendered by the inspecting officer in respect of the portion of
the drug that has not been returned to its owner in good condition. (5) Where drugs or articles are taken under this section, an inventory of the drugs or
articles shall be made and shall be signed by the pharmacist or the chemical seller and the
inspecting officer, and a copy of the inventory shall be given to the pharmacist or the
chemical seller. 43. Obstruction
A person shall not obstruct an inspecting officer in the exercise of the inspecting
powers under this Act. 44.

or the
chemical seller. 43. Obstruction
A person shall not obstruct an inspecting officer in the exercise of the inspecting
powers under this Act. 44.

Inspection officer to produce document
An inspecting officer exercising a power conferred under this Act shall produce on
demand a duly authenticated document showing the entitlement to exercise that power. 45. Offences and penalties
(1) A person who
(a) is not registered under section 17 and poses as person so registered, or
(b) does not have the required qualification to practice as a pharmacist and
knowingly poses as having that qualification, or
(c) contravenes a provision of this Act,
commits an offence and is liable on conviction to a fine not exceeding one thousand pen
alty units or to a term of imprisonment not exceeding five years or to both the fine and
the imprisonment; and in the case of a continuing offence to a further fine not exceeding
twenty five penalty units for each day during which the offence continues after written
notice has been served on the offender by the Council..

eeding
twenty five penalty units for each day during which the offence continues after written
notice has been served on the offender by the Council..

(2) Where an offence under this Act is committed by a body of persons,
(a) in the case of a body corporate, each director, secretary or other officers of
that body shall be deemed to have committed that offence;
(b) in the case of partnership, each partner shall be deemed to have committed
that offence. (3) A person shall not be convicted under subsection (2) if it is proved that the of
fence was committed without the knowledge or consent of that person, or that the neces
sary steps were not taken having regard to the circumstances, to prevent the commission
of the offence. [Issue 1] VI - 2962

person, or that the neces
sary steps were not taken having regard to the circumstances, to prevent the commission
of the offence. [Issue 1] VI - 2962

ACT 489
Pharmacy Act, 1994
46. Regulations
The Minister may, on the advice of the Council, by legislative instrument make
Regulations
(a) prescribing the procedure for the holding of disciplinary enquiry into alle
gations of misconduct against pharmacists;
(b) prescribing matters relating to disciplinary orders by the Board;
(c) relating to prescription of drugs;
(d) prescribing fees to be paid for a matter or thing to be done under this Act;
(e) prescribing the conditions including the type of premises for the issue of a
valid general or limited certificate by the Council; and
(f) providing generally for the effective implementation of this Act. 47.

for the issue of a
valid general or limited certificate by the Council; and
(f) providing generally for the effective implementation of this Act. 47.

interpretation
In this Act, unless the context otherwise requires,
“Authority” means the Pharmacy Authority established by section 1;
“Council” means the governing body of the Authority established by section 3;
“dangerous drugs” means drugs prescribed by Regulations as dangerous drugs;
“drug” has the same meaning as provided in section 51 of the Food and Drugs
Act, 1993;*
“inspecting officer” means a person authorised under section 41 to enter and in
spect premises;
“medical treatment centre” means a health institution for the treatment of out
patients and which is under the immediate supervision of an attendant approved by
the Minister;
“Minister” means the Minister responsible for Health;
“restricted drugs” means dangerous drugs or any other drug which is not an ex
empted drug;
“Region” means a region of the Republic;
“Regulations” means the Regulations made under this Act. 4. P.N.D.C.L. 305B. VI - 2963 [Issue 1]

empted drug;
“Region” means a region of the Republic;
“Regulations” means the Regulations made under this Act. 4. P.N.D.C.L. 305B. VI - 2963 [Issue 1]

ACT 489
Pharmacy Act, 1994
48. Repeal and saving
Spent.5
5. The section provided that:
“(1) The following enactments are repealed
the Pharmacy and Drugs Act, 1961 (Act 64);
the Pharmacy and Drugs (Amendment) Act, 1963 (Act 222);
the Pharmacy and Drugs Act, 1961 (Amendmen) Decree, 1969 (N.L.C.D. 361);
the Pharmacy and Drugs Act, 1961 (Act 382);
the Pharmacy and Drugs (Amendment) Decree, 1976 (S.M.C.D, 52); and
the Pharmacy and Drugs (Amendment) Law, 1990 (P.N.D.C.L. 237).
(2) Despite the repeal under subsection (1),
(a) a regulation, licence, certificate, registration or appointment issued or made under the repealed
enactment, and
(b) the register of pharmacists,
in existence or in force immediately before the coming into force of this Act shall continue in force as
if issued or made under this Act until revoked, altered, cancelled or expires.
(3) Despite the repeal under subsection (1), the following Schedules to the Pharmacy and Drugs Act,
1961 (Act 64) shall until provision is made by Regulations under section 39 of this Act continue in
force:
(a) First Schedule;
(b) Second Schedule—Part One;
(c) Third Schedule; and
(d) Fourth Schedule.”
[Issue 1] VI - 2964