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LAWS OF MALAYSIA REGISTRATION OF PHARMACISTS ACT 1951 Act 371 An Act relating to the establishment of a Pharmacy Board and the registration of pharmacists . [1 st . February 1952.] 1. Short title and application. (1) This Act may be cited as the Registration of Pharmacists Act 1951. (2) This Act shall apply only to the States of West Malaysia. 2. Interpretation In this Act, unless the context otherwise requires - “Board” 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 or any corresponding schedule to any other written law relating to dangerous drugs in force in Malaysia; “person” does not include a body corporate; “poison” means any article deemed to be a poison within the meaning of the Poisons Act 1952, or of any other written law relating to poisons in force in Malaysia; “registered pharmacist” means a person whose name appears for the time being in the Register kept under this Act. “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. ________________________________________________________________ * Enacted 1951 as Ord. 62 of 1951. Revised in 1989 and published as laws of Malaysia Act 371.
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Page 1: REGISTRATION OF PHARMACISTS ACT 1951 Act 371 · PDF fileLAWS OF MALAYSIA REGISTRATION OF PHARMACISTS ACT 1951 Act 371 An Act relating to the establishment of a Pharmacy Board and the

LAWS OF MALAYSIA

REGISTRATION OF PHARMACISTS ACT 1951 Act 371

An Act relating to the establishment of a Pharmacy Board and the registration of pharmacists.

[1st. February 1952.] 1. Short title and application.

(1) This Act may be cited as the Registration of Pharmacists Act 1951. (2) This Act shall apply only to the States of West Malaysia.

2. Interpretation In this Act, unless the context otherwise requires -

“Board” 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 or any corresponding schedule to any other written law relating to dangerous drugs in force in Malaysia;

“person” does not include a body corporate; “poison” means any article deemed to be a poison within the meaning of the

Poisons Act 1952, or of any other written law relating to poisons in force in Malaysia;

“registered pharmacist” means a person whose name appears for the time

being in the Register kept under this Act. “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. ________________________________________________________________

* Enacted 1951 as Ord. 62 of 1951. Revised in 1989 and published as laws of Malaysia Act 371.

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3. Establishment and constitution of Pharmacy Board

(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. (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 it no such vacancy or defect had existed.

[Subs.Act A1005]

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(5) For the purpose of subsection (1), “citizens of Malaysia” shall not include permanent residents of Malaysia.

4. President and meetings of the Board

(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.

5. Register of pharmacists.

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 General of Health, (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.

6. Persons eligible for registration .

(1) Subject to the provisions of this Act, the following persons shall be entitled to be registered under this Act –

(a) (Repealed);

(b) any person who holds a Degree in Pharmacy of the Universiti Sains Pulau Pinang, and who has complied with such conditions regarding apprenticeship and training as may be prescribed;

(c) any person who on the commencement of this Act is registered as a pharmacist under the Registration of Pharmacists Ordinance of the Straits Settlement in its application to the Settlements and to the Colony.

(2) (a) The Board may at its discretion from time to time admit to the register

– (i) any person who holds any other pharmaceutical qualification

deemed suitable for registration by the Minister after consulting the Board; or

(ii) any person, who for a continuous period of five years immediately

before the commencement of this Act has been practicing as a

[Ins..Act A1005]

[Am..Act A1005]

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pharmacist and who applies to be registered under this Act before the 31st December 1954.

(b) In this subsection "practicing as a pharmacist" means any person

who has been –

(i) conducting a business of keeping, retailing and dispensing or compounding poisons or therapeutic substances; or

(ii) trained by a qualified pharmacists and who has been

working in a pharmaceutical manufacturing laboratory or a pharmaceutical department of a hospital.

(c) Any person registered under paragraph (a)( i) may be subject to

such restrictions and conditions as may be stipulated by the Minister and where restrictions and conditions are so imposed the registration of that person shall have effect subject to such restrictions and conditions.

(d) The restrictions and conditions stipulated by the Minister under the

preceding paragraph may include restriction and condition providing for restricted registration whereby the registration of a person under paragraph (a) (i) shall have effect only for such period as the Minister, after consulting the Board, may determine.

(3) No qualification shall be entered in the register, either on first registration or by way of addition to a registered name, unless the Registrar is satisfied, by such evidence as he may consider sufficient, that the person claiming such qualification is entitled thereto. (4) No person shall be registered under this Act unless he has attained the age of twenty-one years.

6A. Conditions precedent to registration.

The Board may before admitting any person to the register under section 6(2)(a)(I) require him to comply with conditions regarding apprenticeship and training and to pass any examination as may be prescribed or set by the Board.

7. Restriction on use of certain titles

(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 good by retail the name or title of chemist or any other name, title, addition or description

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implying that he or any person employed by him is registered or entitled to be registered under this Act.

(2) Nor 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 the 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 partnership 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 continues.

8. Application for registration

(1) Any person eligible for registration under this may apply to the Registrar for registration. Every such application shall be made in such manner and shall be accompanied by such document, photographs and particulars as may be prescribed. Satisfactory proof of identity shall be furnished in each case. (2 ) When such person has complied with the requirements of subsection (1) and has paid the prescribed fee , he shall, subject to section 6(2)(c) and section 9, be admitted by the Board to the register.

9. Power to refuse registration in certain cases If any person applying for registration has been convicted of any offence which in

the opinion of the Board renders him unfit to be on the register or, after due inquiry by the Board, is deemed by it to have been guilty of infamous conduct in any professional respect, the Board may refuse to admit such person to the

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register. Upon such inquiry, the person against whom such conduct is alleged shall be entitled to appear by himself or with or by counsel and to be heard personally or by counsel.

10. Entry of higher qualification

Every person registered under this Act who has obtained any higher qualification than the qualification in respect of which he has been registered shall 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 any further fee.

11. Issue of certificates of registration

(1) Where a person has been admitted to the register the Board shall issue to him a certificate of registration in the prescribed form. A photograph of such person shall be affixed to such certificate.

(2) Where a person is admitted to the register subject to any restrictions and conditions pursuant to section 6(2)(c) such restrictions and conditions shall be endorsed in his certificate of registration and the certificate so endorsed shall have effect subject to the restrictions and conditions specified therein.

12. Conditions as to sale of drugs by registered pharmacist (1) A registered pharmacist carrying on a business shall, so far as such

business relates to the keeping, retailing, dispensing and compounding of poisons, dangerous drugs or therapeutic substances, comply with the following conditions:

(a) in each set of premises where the business is carried on, the

business shall be bona fide conducted by the registered pharmacist himself or some other registered pharmacist;

(b) the name and certificate of registration of the person by whom the

business is so conducted in any premises shall be conspicuously exhibited in those premises.

(2) Any person failing to comply with any such condition shall be guilty of an offence and shall be 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 continues.

13. Registration of bodies corporate

(1) For the purpose of this Act, the Registrar shall enter in the register in such form and manner as may be prescribed, the name of every body corporate

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carrying on within Malaysia a business of keeping, retailing, dispensing and compounding poisons, dangerous drugs or therapeutic substances and entitled to be registered under this section.

(2) No such body corporate shall be registered under this Act unless the Board is satisfied that such business will be under the control and management of a superintendent who is a registered pharmacist and who does not act at the time in a similar capacity for any other body corporate firm or partnership or in any other business on his own behalf. (3) Upon the registration of a body corporate under this section, a certificate of registration in the prescribed form and such number of copies thereof as may be required shall be issued to it by the Board. (4) Subject to this section, a body corporate registered under this section carrying on a business, so far as it relates to the keeping, retailing, dispensing and compounding of poisons, dangerous drugs or therapeutic substances shall comply with the following conditions:

(a) the business of the body corporate shall be under the control and management of a superintendent who is a registered pharmacist and who does not act at the time in a similar capacity for any other body corporate firm or partnership or in any other business on his own behalf;

(b) in each set of premises where the business is carried on, it shall, if

not personally conducted by the superintendent, be bona fide conducted under the direction of the superintendent by a manager or assistant who is a registered pharmacist;

(c) where the business is personally conducted in any premises by the

superintendent, his certificate or registration shall be conspicuously exhibited in those premises, and, where the business is conducted in any premises by a manager or assistant, his certificate of registration shall be conspicuously exhibited in those premises;

(d) the certificate or a copy of the certificate of the registration of the

body corporate under this section shall be conspicuously exhibited in each set of premises where the business is carried on.

(5) A body corporate registered under this section may, if and so long as it

complies with the requirements of subsection (4), use the name or title of chemist and druggist or dispensing chemist or dispensing druggist, and the premises at which the business is carried on may be describe as a pharmacy.

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(6) No body corporate, unless it is registered under this section and complies with the requirements of subsection (4), shall use the name or title of chemist and druggist or dispensing chemist or dispensing druggist or describe the premises at which it carries on business as a pharmacy and body corporate, whether registered or not, shall, subject to subsection (5), use any name title addition or description which it would have been forbidden by section 7 to use had it been a person within the meaning of such section.

(7) If -

(a) a body corporate carrying on a business which comprises the retail

sale of poisons, dangerous drugs or therapeutic substances has been convicted of an offence under this Act or under any written law relating to poisons, dangerous drugs or therapeutic substances in force; or

(b) any director or officer of or other person in the employment of any

such body –

(i) has been convicted of an offence under this Act or the aforesaid written laws;

(ii) has been convicted of any other criminal offence which in

the opinion of the Board renders him, or would if he were a registered pharmacist render him, liable to any of the punishments under section 18A; or

(iii) has been guilty of any misconduct which, in the opinion of

the Board, renders him, or would if he were a registered pharmacist render him, liable to any of the punishments under section 18A;

the Board may inquire into the case and may, unless the body corporate satisfies the Board that the act or omission in question was not connived at or instigated by their superintendent or by any of their directors or managers, and that the person guilty thereof is no longer in their employment, refuse to register such body corporate or, in the case of a body corporate already registered, if it deems fit, impose any of the punishments under section 18A. (8) The Board may remove the name of any body corporate from the regis ter when -

(a) the registration of such body has been obtained by any fraudulent or incorrect statement; or

[Am.Act A1005]

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(b) such body has ceased to carry on the business mentioned in subsection (1).

(9) Any body corporate, acting in contravention of subsection (6) or, if registered under this section, failing to comply with the conditions imposed by subsection (4) thereof, shall be guilty of an offence and liable on conviction before a Sessions Court to a penalty not exceeding two thousand ringgit and to a further penalty not exceeding fifty ringgit for every day during which such offence continues and every person who was a director or officer of such body corporate or was purporting to act in any such capacity at the date of the commission of the offence shall be deemed guilty of that offence unless he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence and shall be liable on conviction before a Session Court to a penalty not exceeding two hundred ringgit and a further penalty not exceeding twenty-five ringgit for every day during which such offence by him continues. (10) If the Board thinks fit in any case so to do, it may, either of its own motion or on the application of the body corporate concerned, direct the restoration to the register of the name of any body corporate.

14. Continuation of business of deceased pharmacist or dispenser by his representative

(1) Subject to this section, if a registered pharmacist dies while carrying on a business which comprises the retail sale of poisons, dangerous drugs or therapeutic substances, any executor, administrator or trustee of his estate who carries on the business after his death in accordance with the conditions hereinafter mentioned shall be entitled to use in connection with the business such titles and descriptions as might have been used by the deceased registered pharmacist.

(2) The conditions referred to in subsection (1) shall be the following:

(a) in each set of premises in which the business is carried on, the business must be bona fide conducted by a registered pharmacist;

(b) the name and certificate of registration of the person by whom the business is so conducted in any premises shall be conspicuously exhibited in those premises.

(3) If any such executor, administrator or trustee or any person in his employment -

(a) has been convicted of an offence under this Act or under any written law relating to the therapeutic substances, or dangerous drugs or poisons for the time being in force in Malaysia; or

[Am.Act A1005]

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(b) has been convicted of any other criminal offence, or been guilty of any misconduct, which, in the opinion of the Board, renders him, or would if he were a registered pharmacist render him, liable to any of the punishments under section 18A.

the Board may inquire into the case and may, unless in the case of an act or omission by a person in his employment, the executor, administrator or trustee satisfies the Board that the act or omission in question was not connived at or instigated by him, direct that he shall cease to be entitled to use any title or description which might have been used by the deceased pharmacist.

15. Publication of register and presumptions

(1) The Registrar shall publish annually in the Gazette, as soon as practicable after the first day of January of each year, a list containing the names, addresses, qualifications and dates of qualifications of all registered pharmacists and of all bodies corporate registered under section 13. The Registrar shall also publish in the Gazette any changes that may be made in the register from time to time.

(2) The publication of such list shall be prima facie evidence that the persons or bodies corporate named therein are registered under this Act.

(3) The absence of the name of any person or body corporate from such list shall be prima facie evidence that such person or body is not registered under this Act.

(4) 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 a person is or is not registered under this Act, as the case may be.

16. Annual certificate

(1) Every registered pharmacist or body corporate who desires his or its name to be retained on the register shall, before the end of every year, make application in the prescribed manner , and shall pay the prescribed fee, for retention of his or its name on the register during the ensuing year.

(2) Upon such application and payment, the applicant shall, subject to this Act, be entitled to a certificate (hereinafter referred to as the “annual certificate’) that he or it is registered under this Act.

(3) The annual certificate shall be issued by the Registrar and shall, unless cancelled under section 17 be in force from the date of issue to the end of the year.

[Am.Act A1005]

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(4) The name of any registered pharmacist or body corporate who fails to obtain an annual certificate prior to the commencement of any year shall be removed from the register.

(5) Any registered pharmacist or body corporate who has failed to obtain an annual certificate prior to the commencement of any year, but who subsequently makes application in such manner and pays such additional fees as may be prescribed, may be granted an annual certificate for the remainder of the year, and his or its name may be re-entered in the register.

17. Inquiry, restoration into register and removal from register by the Board

(1) If it comes to the knowledge of the Board that a registered pharmacist -

(a) has obtain registration by a fraudulent or incorrect statement;

(b) has been convicted of any offence which, in the opinion of the Board, renders him unfit to be on the register or of any offence under this Act or under any written law in force in Malaysia relating to poisons, dangerous drugs or therapeutic substances; or

(c) has been guilty of infamous or disgraceful conduct in a professional sense.

the Board may inquire into the case and may if it thinks fit impose any of the punishments under section 18A.

(1a) The Board may remove the name of a registered pharmacist from the register if such person -

(a) is deceased;

(b) has permanently left Malaysia; or

(c) is of unsound mind or, by reason of some other infirmity, is in the opinion of the Board incapable of practising as a pharmacist.

(2) If the Board thinks fit in any case so to do, it may, either of its own motion or on the application of the person concerned, direct the restoration to the register of any name which has been removed from the register.

[Subs.Act A 1005]

Ins. Act A 1005

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(3) Where a person is registered pursuant to section 6 (2)(a) (i) and his registration is subject to any restrictions and conditions imposed by the Minister pursuant to paragraph (c) of the aforementioned section , the name of such registered pharmacist may also be removed from the register by the Board -

(a) if such registered pharmacist commits a breach of any of the restrictions and conditions under which he is registered; or

(b) if the restriction and condition so imposed relate to the restricted registration of such registered pharmacist as described in section 6 (2)(d) and the period within which the restricted registration shall have effect has expired.

(4) Where the name of a registered pharmacist has been removed by the Board under the preceding subsection his annual certificate shall cease to have effect.

18. Alterations in, and erasure of names from the register

The Registrar sha ll from time to time insert in the register any alteration which may come to his knowledge in the name or address of any registered pharmacist, or body corporate and shall erase from the register the names of all such registered pharmacists or bodies corporate as are ordered by the Board to be removed therefrom:

Provided that any name so removed may at any time be restored to the register by direction of the Board.

18A. Punishments

(1) The Board may, at the conclusion of an inquiry under section 13(7) or section 17(1), impose any of the following punishments:

(a) order the name of the registered pharmacist or body corporate to be removed from the register;

(b) order the name of the registered pharmacist or body corporate to be suspended from the register for such period as it may think fit; or

(c) order the registered pharmacist or body corporate to be reprimanded.

(2) The Board may also, at the conclusion of the inquiry mentioned in subsection (1) -

[Ins.Act A 1001]

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(a) order the registered pharmacist or body corporate to pay costs to the Board or complainant where an order under any of the paragraphs in subsection (1) is made:

(b) order the complainant to pay costs to the registered pharmacist or body corporate where no case has been made out against the registered pharmacist or body corporate.

and such costs may be recovered as a civil debt.

19. Appeal against removal from register or refusal to register

Any person or body corporate aggrieved by any of the punishments imposed by the Board under section 18A, or by any refusal or failure to enter his or its name in the register, or by any refusal to issue to him or to it an annual certificate, or by any cancellation of his or its annual certificate, may appeal to the Minister whose decision shall be final.

20. Fraudulent registration

Any person who fraudulently procures or attempts to procure himself or any other person or body corporate to be registered under this Act shall, on conviction before a Sessions Court, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding five hundred ringgit or to both.

21. Appointment and powers of Inspectors

(1) The Minister may appoint such number of persons to be Inspectors as he may consider necessary for the purposes of this Act.

(2) When an Inspector has reasonable cause to believe that any offence under this Act has been or is being committed on any premises or in connection with any business carried on in any premises, he may, at all reasonable times, enter upon such premises and may search and examine such premises and may inspect, remove and detain any books, documents or other articles found therein which in the opinion of such Inspector may furnish evidence of the commission of an offence against this Act and may require any person conducting or managing any business of keeping, retailing, dispensing or compounding poisons, dangerous drugs or therapeutic substances to produce for his inspection any certificate issued to such person or to his employer under this Act.

(3) Any person who obstructs or impedes an Inspector in the performance of his duties under this Act shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding five hundred ringgit or to both.

[Am.Act A 1001]

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22. Power to make regulations

(1) The Board may make regulations for and in respect of all or any of the following matters:

(a) the pupillage, the conditions under which the practical training of apprentices or students shall be conducted and any other matter relating to the training and qualification of pharmacists;

(aa) the examination prescribed or set by the Board to be passed by any person before he is eligible to apply to be admitted to the register under this Act;

(b) the procedure to be followed at meetings of, and at inquiries held by, the Board;

(ba) the establishment of a Committee of Inquiry to inquire into complaints or information regarding any matter which the Board may, under the provisions of this Act, inquire into, and the procedures to be followed at inquiries held by the Committee;

(c) the duties of the Registrar;

(d) the form of the registers and the manner in which they shall be kept;

(e) any matter which under this Act, is required or permitted to be prescribed;

(f) the registration of bodies corporate;

(g) the exemption from the operation of this Act or of any regulations made thereunder, of such persons or bodies corporate or classes of persons or bodies corporate as may seem expedient;

(h) the appointment and payment of legal advisers;

(i) the payment of expenses of members of the Board;

(j) any matter, whether similar or not to those above mentioned, as to which it is expedient to make regulations for carrying into effect the objects of this Act.

(2) All regulations made by the Board under this section shall be subject to the approval of the Minister, and when so approved shall be

[Ins.Act A 1001]

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published in the Gazette and shall, unless it is otherwise provided therein, take effects as from the date of such publication.

23. (Omitted).

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REGISTRATION OF PHARMACISTS ACT 1951

(Act 371)

LIST OF AMENDMENTS

Amending law Short Title In force from

Ord. 21/1954 … Registration of Pharmacists (Amendment) Ordinance, 1954

1-2-1952

Ord. 41/1955 … Registration of Pharmacists (Amendment) Ordinance, 1955

4-7-1955

L.N.332/1958 … Federal Constitution (Modification of Laws) (Ordinances and Proclamations) Order, 1958

13-11-1958

Act A 114 … Registration of Pharmacists (Amendment) Act 1972

4-4-1972

Act A 301 … Registration of Pharmacists (Amendment) Act 1975

30-5-1975

Act A 1005 … Registration of Pharmacists (Amendment) Act 1997

31-8-1997

LIST OF LAWS OR PARTS THEREOF SUPERSEDED

No. Title

62 of 1951 …. Registration of Pharmacists Ordinance, 1951

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REGISTRATION OF PHARMACISTS REGULATIONS 1953

ARRANGEMENT OF REGULATIONS

Regulation

1. Citation

2. Interpretation

3. Appointment of Secretary

4. Office

5. Meetings of the Board

6. Procedure at meetings

7. Minutes

8. Proposed new Regulation

9. Registers of pharmacists, bodies corporate and pupils or students

10. Application for registration as a pharmacist

10A. Application for registration

11. Certificate of registration

12. Registration of bodies corporate and of superintendents of bodies corporate

13. Annual retention of pharmacists and bodies corporate on register.

14. Registration as a pupil or student

15. Practice and training of pupils

15A. Appointment and payment of legal adviser

16. Disciplinary action

17. Inquiries

18. Procedure at inquiries

19. Restoration to register

SCHEDULE : FORMS

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REGISTRATION OF PHARMACISTS REGULATIONS 1953*

IN exercise of the powers conferred on it by section 22 of the Registration of Pharmacists Act, 1951, the Pharmacist Board has made the following Regulations, which have been approved by the Minister. 1. Citation

These Regulations may be cited as the Registration of Pharmacists Regulations 1953.

2. Interpretation In these Regulations – “Act” means the Registration of Pharmacists Act, 1951; “the President” means the President of the Board; “registered medical practitioner” means a medical practitioner registered under

the Medical Act 1971. 3. Appointment of Secretary

The Board shall appoint a Secretary.

4. Office

The Office of the Board shall be the office of the Member for Health.

5. Meetings of the Board

Notice of all meetings of the Board shall be sent by the Secretary by letter addressed to each member.

6. Procedure at meetings

(1) At any meeting of the Board no matter shall be discussed unless seven days notice of the same has been given to the members of the Board by the Secretary, except at the discretion of the President. (2) No penal case shall be considered at any such meeting unless copies of all available complaints and documents relevant thereto have been supplied to members of the Board at least seven days prior to the meeting. *Incorporating all amendments up to 1.1.1993

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7. Minutes

(1) The procedure of the meetings of the Board shall be preserved in the form of written or printed minutes, authenticated, after confirmation, by the signature of the Chairman of the next meeting of the Board. The minutes of each meeting shall contain such motions and amendments as have been proposed and adopted or negatived with the names of the proposer and seconder.

(2) The minutes shall be taken as read, provided that any member may move that a certain minute should be read with a view to such correction thereof or addition thereto as may be found to be necessary.

(3) After the close of any meeting of the Board a copy of the minutes of such meeting shall be sent to each member.

8. Proposed new Regulation

When a new or amended Regulation is made by the Board a formal statement shall be place on the minutes as to the intended effect of the new or amended Regulation upon previous Regulations on the same subject.

9. Registers of pharmacists, bodies corporate and pupils or students

The register of pharmacists shall be kept in Form 1 in the Schedule, the register of bodies corporate shall be kept in Form 2 in the Schedule, and the register of pupils or students shall be kept in Form 3 in the Schedule.

10. Application for registration as a pharmacist

(1) Any person applying for registration as a pharmacist under section 8 of the Act shall apply on Form 4 in the Schedule.

(2) Every application for registration shall be accompanied by –

(a) the original certificate of qualification in pharmacy:

Provided that when the Registrar is satisfied that such original certificate cannot be produced he may accept a copy of the original certificate by the person authorised for the time being to issue such certificates of qualification or may accept such other proof of qualification as may be considered by the Board to be satisfactory; and

(b) two recent photographs of the applicant of passport size; and

(c) a statement from a registered pharmacist or registered medical practitioner or a Magistrate or a Justice of the Peace to the effect

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that the applicant for registration is known to him personally and is in fact the person whose name appears on the form of application.

(3) The fee for registration shall be fifty ringgit:

Provided that the following shall be exempted from the payment of such fee –

(a) pharmacists in the public service of the Government of Malaysia or of any State; and

(b) any pharmacist or class of pharmacists whom the Board considers fit to exempt.

(4) The Board may request such further evidence of identity as it may deem necessary.

10A. Application for registration

(1) Where a person applying for admission to the register is in possession of qualification to which the provisions of section 6(2)(a)(i) of the Act are applicable, he shall in addition to complying with the requirements set out in Regulation 10 produce -

(a) a certificate confirming that the qualification possessed by the applicant is deemed to be suitable for registration under the Act by the Minister after consulting the Board; and

(b) any other evidence which the Board deems necessary to comply with such restriction and condition as may be imposed by the Minister pursuant to section 6(2)(c) of the Act in respect of the registration of the applicant.

(2) Where any restriction and condition is imposed by the Minister pursuant to section 6(2)(c) of the Act in respect of the registration of any applicant, the restriction and condition shall be endorsed in that part of the register containing the entry of the registration of such applicant.

11. Certificate of registration

(1) Subject to paragraph (3), the certificate of registration of the pharmacist shall be in Form 5 in the Schedule.

________________________________________________________________________ Reg. 10(3) substituted by PU(A) 182/75 Reg. 10A substituted by PU(A) 402/72 Reg. 11(1) and 11(3) substituted by PU(A) 402/72

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(2) The photograph which shall be affixed to such certificate of registration shall be endorsed with the signature of the Registrar. (3) Where the registration of any person is subject to any restriction and condition imposed by the Minister pursuant to section 6(2)(c) of the Act the restriction and condition shall be endorsed in the certificate of registration of such person. (4) A person who ceases to practise as a pharmacist or whose name has been removed from the register by the Board under any of the provisions of the Act or these Regulations shall within fourteen days from the date on which he so ceases to practise or he is informed of such removal send his certificate of registration to the Registrar for cancellation.

12. Registration of bodies corporate and of superintendents of bodies corporate (1) Bodies corporate which are entitled to be registered under section 13 of the Act shall apply to the Registrar for registration in Form 6 in the Schedule and the certificate of registration of such bodies shall be in Form 7 in the Schedule. (2) The fee for registration under this Regulation shall be two hundred ringgit.

(3) When the superintendent of a body corporate ceases to be employed by the body corporate, the body corporate shall return the certificate of registration to the Registrar, who may amend the certificate by inserting the name of the new superintendent.

13. Annual retention of pharmacists and bodies corporate on register

(1) Applicant for retention on the register under section 16 of the Act by any registered pharmacist or body corporate shall be made in Form 8 or Form 8A in the Schedule (as the case may be) and where such application is granted, the annual certificate shall be in Form 9 or Form 9A in the Schedule. (2) The annual fee payable for retention on the register shall be twenty ringgit for a registered pharmacist and forty ringgit for a body corporate. (3) The additional fee payable under subsection (5) of section 16 of the Act shall be twenty ringgit for a registered pharmacist and forty ringgit for a body corporate. Reg. 11(4) inserted by PU(A) 402/72 Reg. 12(2) amended by PU(A) 324/76 Reg. 13(2) and 13(3) substituted by PU(A) 324/76 Reg. 13(4) substituted by PU(A) 182/75

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(4) The following shall be exempted from the payment of the annual fee for retention on the register -

(a) pharmacists in the public service of the Government of Malaysia or of the Government of any State; and

(b) any pharmacist or class of pharmacists whom the Board considers

fit to exempt. 14. Registration as a pupil or student

(1) Any person desirous of becoming a pupil or student of pharmacy shall apply to the Registrar for registration as such. (2) Every such application shall be accompanied by:

(a) a certificate that the applicant has been admitted to the course for the Diploma of Pharmacy of the University of Malaya; and

(b) a fee of ten ringgit; and

(c) a certified copy of the agreement of pupillage into which the pupil

has entered with a registered pharmacist.

(3) The agreement referred to in sub-paragraph (c) of paragraph (2) of this Regulation shall be substantially in Form 10 in the Schedule. (3) Agreements of pupillage may only be varied at the discretion of the Board.

15. Practice and training of pupils

A person applying for registration under paragraph (b) of subsection (1) of section 6 of the Act shall be entered into articles of pupillage with a registered pharmacist, a registered body corporate or an approved hospital authority and shall have completed not less than 2 years pupillage in an approved pharmaceutical business or hospital:

Provided that when the applicant is a holder of a degree in Pharmacy of

the University of Science, Malaysia, the period of the completed pupillage shall be not less than twelve months.

__________________________________________________________________ Reg. 15 amended by LN 240/60 Reg. 15A inserted by PU(A) 468/91

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15A. Appointment and payment of legal adviser

(1) The Board may appoint a legal adviser to assist the Board during any inquiry touching on disciplinary matter.

(2) The Board may appoint any person who is and has been advocate and solicitor for a period of not less than five years to advise it on -

(a) all questions of law ensuing in the course of the inquiry; and

(b) the meaning and construction of all documents produced during the inquiry.

(3) The Board’s legal adviser is entitled to be paid such fees as are from time to time fixed by the Minister for any assistance and advice rendered.

16. Disciplinary action

(1) Where the Board may under the provisions of the Act hold an inquiry into any complaint or information respecting -

(a) irregular conduct in having obtained registration by a fraudulent or incorrect statement, or infamous or disgraceful conduct in a professional sense or the conviction of a registered pharmacist for any offence which, in the opinion of the Board, renders him unfit to be on the register; or

(b) the conviction of –

(i) a body corporate for an offence against the Act or against the Dangerous Drugs Act, 1952, or against the Poisons Act, 1952: or

(ii) any director or officer of or other person in the employment of a body corporate for any offence against any of the aforesaid Act or for any other criminal offence or any misconduct which, in the opinion of the Board, renders him, or would, if he were a registered pharmacist, renders him, unfit to be on the register; or

(c) the conviction of any executor, administrator, or trustee who carried on the business of a deceased registered pharmacist, or of any person in the employment of such executor, administrator, or trustee for an offence against this Act or against the Dangerous

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Drugs Act, 1952, or against the Poisons Act, 1952, or for any other criminal offence or any misconduct which, in the opinion of the Board, renders him, or would, if he were a registered pharmacist, render him, unfit to be on the register.

Such complaint or information shall be laid by a communication in writing addressed to the Secretary and, except where the complainant or informant is a public officer or a public body, shall be accompanied by one or more statutory declarations as to the alleged facts of the complaint or information.

(2) Every such statutory declaration shall state the address and description of the declarant and, where a fact stated in such declaration is not within the personal knowledge of such declarant, the source of his information and grounds for his belief in its truth shall be fully and accurately stated.

(3) The Secretary shall submit the complaint or information with the accompanying statutory declaration to the President, who (if he deems fit) shall require the registered pharmacist, the body corporate, the director or officer of employee of the body corporate, or the representative who carries on the business of the deceased registered pharmacist (hereinafter called ‘the person affected’) who is affected by or against or concerning whom the complaint or information is laid to give, within a reasonable time, any explanation that he may have to offer.

(4) The complaint or information, including any such explanation, shall thereupon be referred to the Board who may direct that further evidence be obtained from the complainant or informant and may require the advice of the Board’s Legal Adviser.

(5) (a) If the Board is of the opinion that a prima facie case has not been made out by the complainant or informant the Board shall direct that no further action be taken on the complaint or information and the complainant shall be informed of the Board’s decision.

(b) If the Board resolves that an inquiry is desirable, the Secretary shall institute such an inquiry in accordance with Regulation 17.

17. Inquiries

(1) Notice of the resolution of the Board to hold an inquiry into a complaint or information laid against the person affected shall be sent by the Board’s Legal Adviser to the person affected and to the complainant or informant by registered letter addressed to the last known address of each such party.

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(2) Such notice shall be in Form 11 in the Schedule, with such variations as the circumstances may require.

(3) The person affected or the complainant or informant may, for the purpose of his defence or reply (as the case may be) make, upon a request in writing signed by himself or his advocate and solicitor and under proper supervision, a copy of any statutory declaration, explanation, answer or other document sent to the Board on behalf of the other party. The Notice of Inquiry shall draw the particular attention of the person affected to this Regulation.

(4) The person affected or the complainant or informant may at any time not less than seven days prior to the notified date of holding the inquiry serve on the other party a notice in writing, enquiring whether such other party is prepared to admit in writing any facts specified therein and which are material to the inquiry in order that the expense of calling a witness to prove such facts may be avoided:

Provided always that, should the President deem fit, the date of holding the inquiry may be postponed to allow either party sufficient time to prepare their defence or reply, as the case may be.

18. Procedure at inquiries

(1) The inquiry by the Board shall be held in private but at the discretion of the Board a statement may be issued for publication.

(2) The person affected or the complainant or informant may appear before the Board personally or be represented by his advocate and solicitor.

(3) The Board’s Legal Adviser shall attend the inquiry, and the Secretary shall at the opening thereof read the Notice of Inquiry. If the person affected be not present or represented, the Board’s legal Adviser shall satisfy the Board that the Notice of Inquiry was duly sent to the person affected and to the complainant or informant.

(4) Where the complainant or informant appears personally or is represented by his advocate and solicitor the following shall be the order of procedure:

(a) the complainant or informant shall state his case and produce the evidence in support. At the conclusion of such evidence his case will be closed;

(b) the person affected or his advocate and solicitor shall state his case and produce the evidence in support, Such person

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may address the Board either before or at the conclusion of his evidence, but only once;

(c) at the conclusion of the case of the person affected the complainant or informant may, if the person affected has produced evidence, address the Board in reply;

(d) if the person affected has not produced evidence the complainant shall not without the special leave of the Board, address the Board in reply.

(5) Where there is no complainant or informant or where no complainant or informant appears the following shall be the order of procedure:

(a) the Board’s Legal Adviser shall state the facts of the case and produce the evidence in support;

(b) the person affected or his advocate and solicitor shall then state his case and produce evidence in support. Such person may address the Board either before or at the conclusion of such evidence, but only once;

(c) the Board’s Legal Adviser may, if the person affected has produced evidence, he heard in reply.

(6) Evidence may be taken by oral statement or by written deposition or statement. Where a witness is produced by any party to the inquiry by the Board, he shall first be examined by the party producing him, then cross-examined by the other party, and then re-examined by the party producing him. The Board may decline to admit the evidence of any deponent to a document, who is not present for, or who declines to submit to, cross-examination.

(7) Members of the Board may put, through the President, such questions to the parties of witnesses as they may think desirable.

(8) On the conclusion of the hearing the Board shall deliberate in private and prepare a report on its findings, which shall be in Form 12 in the Schedule, with such variations as may be required.

(9) The Board may postpone its findings and appoint a later date for further consideration and may direct, as it shall think fit, that further evidence in relation to the complaint or information be called for. This further evidence shall be received within such time as may be specified from either the person affected or the complainant or informant (as the case may be) provided that no further evidence presented or tendered by either party to the inquiry shall be received or considered by the Board

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unless a statement in writing thereof has been previously furnish to the Board’s Legal Adviser and a copy thereof sent by him to the other party at least ten days before any resumption of the inquiry.

(10) The registrar shall upon the direction of the Board that the name of any person affected be removed from the register, send notice of such removal to the person affected has received his certificate of qualification in pharmacy.

(11) The President, in announcing the decision of the Board, may add such terms of reprimand or admonishment as the Board may approve and may rule that the Board will not consider an appeal for restoration to the register until a specified period of time has elapsed.

19. Restoration to register

(1) Any application under subsection (10) of section 13 or subsection (2) of section 17 of the Act shall be made in the form of a statutory declaration in Form 13 or Form 14 in the Schedule (as the case may be)

(2) Where the application is under subsection (2) of section 17 of the Act such statutory declaration shall be accompanied by at least two certificates of the applicant’s identity and good character in Form 15 in the Schedule and such certificates shall be given either by a registered medical practitioner or by a registered pharmacist or by a Justice of the Peace.

(3) Every such application shall be referred to the Board for consideration and the Secretary shall give notice to the complainant or informant (if any) in the original case which the Board has directed the removal of the name of the person affected from the register. Such complainant or informant may submit in writing within a specified time any objection to restoration and any evidence in support of such objection shall be communicated to the applicant and the applicant may reply thereto in writing within a specified time.

(4) Except by the leave of the Board, neither the applicant nor the complainant nor the informant shall appear before the Board on consideration of the application for restoration.

(5) The Board shall consider the application in private and may require further evidence or explanation from the applicant or complainant or informant, as it deems fit, and may adjourn the consideration to a future date.

(6) If the Board shall direct the restoration of the applicant’s name to the register, the Registrar shall send notice thereof to the authorities to whom he has previously given notice of removal under paragraph (10) of Regulation 18.

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SCHEDULE

THE REGISTRATION OF PHARMACIST

REGULATIONS 1953

FORM 1 REGISTER OF PHARMACISTS

(Regulation 9)

Number of certificate

Name Address Date of Registration

Qualification Date of qualification

Remarks

THE REGISTRATION OF PHARMACISTS REGULATIONS 1953

FORM 2

REGISTER OF BODIES CORPORATE (Regulation 9)

Number of certificate

Name of body corporate

Name of superintendent of

body corporate

No. of superintendent

registration certificate

Address of business(es) of body

corporate

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THE REGISTRATION OF PHARMACISTS REGULATIONS 1953

FORM 3

REGISTER OF PUPILS OR STUDENTS (Regulation 9)

Registration No.

Name of pupil

Address of pupil

Date of registration

Name of employer

Address of employer’s pharmacy

Date of completion of pupillage (To be entered on approval by the Board of the discharge

certificate appended to

Form 10)

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THE REGISTRATION OF PHARMACIST REGULATIONS 1953

FORM 4

APPLICATION FOR REGISTRATION AS A PHARMACISTS (Regulation 10)

To, The Registrar, Pharmacy Board, West Malaysia. Sir, I apply to be registered as a pharmacist under the Registration of Pharmacists Act, 1951 by virtue of the following qualification: Degree of qualification…………………………………………………… Date when obtained………………………………………………………. Applicant’s usual signatures……………………………………………… Applicant’s name (in full)………………………………………………... (Block letters) Applicant’s address………………………………………………………. Date of Application………………………………………………………. As I am holding a qualification to which the provisions of section 6(2)(a)(i) of the Registration of Pharmacists Act, 1951 apply. I enclose herewith a certificate confirming that my qualification is deemed to be suitable for registration under the Act by the Minister after consulting the Pharmacy Board. I am also enclosing:

(a) my original certificate of qualification or certified copies thereof certified by the person for the time being authorised to issue such certificates of qualification;

(b) two recent passport size photographs;

(c) certificate from a registered pharmacist, registered medical practitioner,

Magistrate of Justice of Peace certifying that I am known to him personally and am in fact the person whose name appears in this application form.

Signed ………………………………

*Delete where not applicable

N.B. Fees should not be sent and will not be accepted until your admission is

confirmed after which you will be informed concerning the payment of fees or exemption therefrom.

________________________________________________________________________

Form 4 substituted by PU(A) 402/72

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THE REGISTRATION OF PHARMACISTS REGULATIONS 1953

FORM 5 PHARMACY BOARD MALAYSIA, CERTIFICATE OF

REGISTRATION AS A PHARMACIST (Regulation 11)

Certificate No………………………. Date……………. This is to certificate that……………………………………………………………………. (Name in full) of ………………………………………………………………...has been this day registered under (Address) the provisions of the Registration of Pharmacists Act, 1951. Signed……………………………………… Registrar, Pharmacy Board, Malaysia.

(photograph to be endorsed by the signature of the Registrar) ______

THE REGISTRATION OF PHARMACISTS REGULATIONS 1953

FORM 6

APPLICATION FOR REGISTRATION AS A BODY CORPORATE (Regulation 12)

To, The Registrar, Pharmacy Board, West Malaysia. Sir, I,……………………………………………………………………………………………………… (Name in full) (Position held by applicant) Of the body corporate known as…………………………………………………………..do hereby apply for admission of the said body corporate to the Register of Bodies Corporate of the Pharmacy Board, in respect of the business (es) situate at………………………………………….. ……………………………………………………………………………………………………….. (the address(es) of each branch of the business(es) must be given) The superintendent of this Body corporate is……………………………………………… and his Registration Certificate number is………………………………… Date:………………….. Signed……………………

Space for

photograph

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THE REGISTRATION OF PHARMACISTS REGULATIONS 1953

FORM 7 PHARMACY BOARD MALAYSIA, CERTIFICATE OF

REGISTRATION OF BODY CORPORATE (Regulation 12)

Certificate No………………………. Date……………. This is to certify that the body corporate as …………………………………………... ……………………………………………………………….………and whose superintendent is …………………………………………………………………………………………….and whose

business is businesses are Situated at……………………………………………………………………….

has been this day registered as a body corporate under the provision of the Registration of Pharmacists Act, 1951. Signed……………………………………… Registrar, Pharmacy Board, Malaysia.

---------------

THE REGISTRATION OF PHARMACIST REGULATIONS 1953

FORM 8 REGISTER OF PHARMACISTS

(Regulation 13)

To, The Registrar, Pharmacy Board, West Malaysia. Sir, I desire that my name be retained on the Register of Pharmacists for the year 19………… Registration certificate number……………………………………………………………………… Name:……………………………………………………………………………………………….. (Block Letters) Address:……………………………………………………………………………………………... I hereby declare that I am the person registered as above. I enclose RM20/- in payment of the prescribed retention fee. Signed…………………………… Date:……………………………..

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THE REGISTRATION OF PHARMACISTS REGULATIONS 1953

FORM 8a

APPLICATION FOR RETENTION ON THE REGISTER OF BODIES CORPORATE

(Regulation 13)

To, The Registrar, Pharmacy Board, West Malaysia. Sir, I,……………………………………………………………………………………………………… (Name in full) (Position held by applicant) of the body corporate known as…………………………………………………………..do hereby apply for the retention of the name of the said body corporate on the Register of Bodies Corporate. for the year 19………… in respect of the business(es) situated at …………………………………. ……………………………………………………………………………………………………….. I enclose RM40 in payment of the prescribed retention fee. Signed……………………………. Date:……………………………… Forms 8 and 8A amended by PU(A) 324/76

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THE REGISTRATION OF PHARMACISTS REGULATIONS 1953

FORM 9

ANNUAL RETENTION CERTIFICATE (PHARMACIST) (Regulation 13)

This is to certificate that …………………………………….…………………………….. of …………………………………………………………. who is registered under the Registration (Address) of Pharmacists Act, 1951, and whose registration certificate bears the number …………………….is hereby authorised by the Pharmacy Board to practice pharmacy until 31st December, 19…….. Issued this ………………day of …………………….19………… Signed……………………………………… Registrar, Pharmacy Board, Malaysia. Fee RM20/= paid.

___________

THE REGISTRATION OF PHARMACISTS REGULATIONS 1953

FORM 9A

ANNUAL RETENTION CERTIFICATE (BODY CORPORATE) (Regulation 13)

This is certify that the body corporate known as………………………………………….. and whose superintendent is……………………………………………is hereby authorised to carry on the business of keeping, retailing, dispensing and compounding poisons, dangerous drugs or therapeutic substances at the following addresses……………………………………… until 31st December, 19……………. Issued this………………….day of…………………of 19………………… Signed……………………………………… Registrar, Pharmacy Board, Malaysia. Fee RM40/= paid ____________________________________________________________________________ Forms 9 and 9A amended by PU(A) 324/76

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THE REGISTRATION OF PHARMACISTS

REGULATIONS 1953

FORM 10 AGREEMENT OF PUPILLAGE

(Regulation 14(13))

IT IS AGREED between ………………………………………….(hereinafter called the Employer) and ……………………………………………………(hereinafter called the Pupil son/ward) of ………………………………………….(hereinafter called the Parent/Guardina), with the consent of his/her Parent/Guardian…………………………as surety for the Pupil……………………….as follows: 1. THE PUPIL for himself and the PARENT/GUARDIAN as surety for him do jointly and severally agree that the Pupil shall honestly, faithfully and diligently serve the Employer in his profession of pharmacist for a period of two years from the ……………day of……………………nineteen hundred and ……. which day is declared to be the commencement of the pupillage of the Pupil; that during the time the Pupil shall keep the Employer’s secrets and obey his lawful commands, and shall not, without authority make copies of any papers or books belonging to his Employer, that the Pupil shall not absent himself from the Employer’s service without leave, shall behave himself civilly and respectfully to the Employer and to his clients and that the Pupil shall, both during and outside of professional business hours, abstain from all illegal practices. 2. THE EMPLOYER agrees to instruct the Pupil in pharmacy and to afford the Pupil such reasonable opportunities and work as may be required to enable him to learn the same; and to discharge this agreement on its due completion in the form provided below. 3. IN WITNESS WHEREOF the parties to this agreement have set their hands and seals this ………………………….day of……………………..nineteen hundred and…………….. ……………………………. ……………………………. of…………………………………………Pupil (Witness) ……………………………. ……………………………. of…………………………………………Parent or (Witness) Guardian ……………………………. ……………………………. of…………………………………………Employer (Witness)

DISCHARGE

I ……………………………………………………………in respect that………………. …………………………………………………has served me in the term of the above agreement during the whole period therein stipulated, do hereby discharge him and also……………… parent or guardian, of all obligations under the said agreement.

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IN WITNESS WHEREOF I have set my hand this………………………day of ………………………nineteen hundred and………………………… Signed, sealed and delivered ………………………………………………………………. (Employer)

THE REGISTRATION OF PHARMACISTS REGULATIONS 1953

FORM 11

NOTICE OF INQUIRY (Regulation 17)

Sir, On behalf of the Pharmacy Board I give you notice that information and evidence have been laid before the Board by which the complainant make the following charge(s) against you viz: ……………………………………………………………………………………………………….………………………………………………………………………………………………………..

or that information and evidenced have been received by the Board from which it appears……………………………………………………………………………………………….. or that on the………………day of………………….19……….. you were convicted of the following, namely ………………………………………………………………………………………………. ……………………………………………………………………………………………………….. or that, being a registered pharmacist, you ……………………………………………………………. ……………………………………………………………………………………………………….. (Here set out particulars of the misconduct which is alleged) and that in relation thereto you have been guilty of infamous or disgraceful conduct in a professional sense: And I have to give you notice that on the…………………..day of …………….19……… at……………….a.m./p.m. the Board will hold an inquiry at ………………….for the purpose of ascertaining the fact in relation to the said matter and, if thought fit, directing……………………. ……………………………………………………………………………………………………….. If you do not attend, the Board will proceed with the inquiry in your absence. Any answer, or communication, or application which you may desire to make relating to the said matters or your defence thereto should be addressed to me not less than……………days before the day appointed for the hearing of the case. A copy of the Registration of Pharmacists Act, 1951, is enclosed herewith for your information. A copy of the Registration of Pharmacists Regulations, 1953, in accordance with which inquiries before the Board are conducted, is also enclosed herewith, and your particular attention is directed to Regulation 17(3). Signed:……………………………. Legal Advisor to the

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Pharmacy Board.

THE REGISTRATION OF PHARMACISTS REGULATIONS 1953

FORM 12

NOTICE OF INQUIRY (Regulation 18(8))

The case of………………………………………………………………………………… registered, etc………………………………………………………………………………………... The Pharmacy Board, having considered the complaint against ………………………...... find as follows:

(a) On the…………………..day of………………..19………………the following parties, with their witnesses, attended before the Board, and were duly heard namely –

(b) The following facts were established by the evidence:

(Here set out the facts)

(c) The evidence before the Board consisted of the following: (i) The oral evidence of the following person: (Set out the names of the witnesses) (ii) The accompanying documents:

(Set out dates and description of the documents received in evidence)

(d) The Board has therefore resolved that…………………………………………….

……………………………………………………………………………………. (Signed)………………………….. President, Pharmacy Board, Malaysia. Date:……………………………19………………………..

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THE REGISTRATION OF PHARMACISTS

REGULATIONS 1953

FORM 13 STATUTORY DECLARATION BY APPLICANT FOR RESTORATION

TO THE REGISTER OF BODIES CORPORATE (AFTER DISCIPLINARY REMOVAL)

(Regulation 19)

We………..………………………………………………………………………………… Directors and I ..………………………………………………………………………….Secretary of …………………………………………………………………………………………………….. registered in……………………………………………………………………..do, severally each for himself solemnly and sincerely declare as follows: 1. That …………………………………………………………..is the body corporate (formerly) carrying on business as ……………………………………………………. at ……………………………………………………………………………………………………….. 2. On the ………………day of…………………19……..the Pharmacy Board directed that …………………………….. should cease to be entitled to use any title or description which a body corporate is entitled or description which a body corporate is entitled to use under the Registration of Pharmacists Act, 1951, and the offence for which the Pharmacy Board made that direction was……………………………… 3. Since the disqualification came into force……………………………………….. …………………………………………………has been carrying on business as…………………. ……………………….at…………………………………………………………………………….. 4. We hereby apply on behalf of……………………………………………………. for cesser of disqualification to use any title or description which a body corporate is entitled to use under the Registration of Pharmacists Act, 1951, and the grounds for our application are………………………..

And we make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declaration Act, 1960.

……………………………………………… Director

Subscribed and solemnly declared by the above-named………………………………….. at………………………………………………. in the State of…………………………………. this………… day of……………….19……….. ………………………………………………

Director

Before me …………………………………………………

(Signature of Sessions Court Judge, Magistrate or Commissioner

Of Oaths)

………………………………………………

Secretary

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THE REGISTRATION OF PHARMACISTS REGULATIONS 1953

FORM 14

STATUTORY DECLARATION BY APPLICANT FOR RESTORATION TO THE REGISTER OF PHARMACISTS

(AFTER DISCIPLINARY REMOVAL) (Regulation 19)

I……...………………………………of…………………………………………………… do solemnly and sincerely declare that: 1. I am the person originally registered as………………….. with the qualification or status of …………………………………………… and I hereby apply for the restoration of my name to the Register of Pharmacists. 2. On the ………………day of…………………19……..the Pharmacy Board directed my name to be removed from the Register, and the offence for which the Pharmacy Board directed the removal of my name was ………………………………………………………. 3. Since the removal of my name from the register I……………………………….. have been resident at…………………………………….and my occupation has been ………………… 4. The ground for my application ……………………………………………… ……………………………………………………………………………………………………….. ………………………………………………………………………………………………………..

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declaration Act, 1960.

Subscribed and solemnly declared by the above-named………………………………….. at………………………………………………. in the State of…………………………………. this………… day of……………….19……….. Before me, …………………………………………………

(Signature of Sessions Court Judge, Magistrate or Commissioner

Of Oaths)

) ) ) ) ) ) ) ) ) ) ) ) ) )

………………………………………….. (Applicant)

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THE REGISTRATION OF PHARMACISTS REGULATIONS 1953

FORM 15

CERTIFICATE OF IDENTITY AND CHARACTER OFAPPLICANT FOR REGISTRATION TO THE REGISTER OF PHARMACISTS

(AFTER DISCIPLINARY REMOVAL) (Regulation 19(2))

I…..………………………………………of………………………………………………. certify as follows: 1. I am……………………………………………………………………………….. (Give status or description) 2. I have read the statutory declaration of ………………………………………….. made on the………………………..day of………………….19……………… 3. The said ……………………………………………………………..is the same person as…………………………………………………………………..whose name formerly stood in the Register of Pharmacists with the following qualification or status…………………….. 4. I have been and am well acquainted with the said……………………………… both before and since his name was removed from the Register and I believe him to be now a person of good character, and the statements in the said declaration are, to the best of my knowledge, information and belief, true. Signed……………………………………… Date………………………………19………………… Made this 7th day March, 1953 [Ph.Bd. 6/52]

For the Board,

C.R.P. STRACHAN Secretary Approved this 28th day of April, 1953 [Health 713/52] RAJA AYOUB Clerk of Council