Pharmacy Act 2007


Number 20 of 2007


PHARMACY ACT 2007

REVISED

Updated to 25 May 2018


This Revised Act is an administrative consolidation of the Pharmacy Act 2007. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, and all statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 20 of 2007


PHARMACY ACT 2007

REVISED

Updated to 25 May 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1986, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Data Protection Act 2018 (7/2018)

Competition and Consumer Protection Act 2014 (29/2014)

Health Identifiers Act 2014 (15/2014)

Health (Pricing and Supply of Medical Goods) Act 2013 (14/2013)

National Vetting Bureau (Children and Vulnerable Persons)Act 2012 (47/2012)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Medical Practitioners Act 2007 (25/2007)

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Pharmaceutical Society of Ireland (Receiving and Recording of Evidence by Committee of Inquiry) Rules 2017 (S.I. No. 274 of 2017)

Pharmaceutical Society of Ireland (Registration) (Amendment) Rules 2017 (S.I. No. 100 of 2017)

Pharmaceutical Society of Ireland (Fees) (Amendment) Rules 2017 (S.I. No. 99 of 2017)

Pharmaceutical Society of Ireland (Education and Training) (Integrated Course) (Amendment) Rules 2017 (S.I. No. 97 of 2017)

European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017)

Pharmaceutical Society of Ireland (Fees) (Amendment) Rules 2016 (S.I. No. 311 of 2016)

Pharmaceutical Society of Ireland Superannuation Scheme 2016 (S.I. No. 136 of 2016)

Regulation of Retail Pharmacy Businesses (Amendment) Regulations 2016 (S.I. No. 80 of 2016)

Pharmaceutical Society of Ireland (Continuing Professional Development) Rules 2015 (S.I. No. 553 of 2015)

Pharmaceutical Society of Ireland (Fees) (Amendment) Rules 2015 (S.I. No. 238 of 2015)

Pharmaceutical Society of Ireland (Council) (Amendment) Rules 2015 (S.I. No. 114 of 2015)

European Union (Amendment of the Pharmacy Act 2007) Regulations 2015. (S.I. No. 86 of 2015)

Pharmaceutical Society of Ireland (Fees) Rules 2014 (S.I. No. 378 of 2014)

Pharmaceutical Society of Ireland (Education and Training) (Integrated Course) Rules 2014 (S.I. No. 377 of 2014)

Protected Disclosures Act 2014 (Section 7(2)) Order 2014 (S.I. No. 339 of 2014)

European Union (Recognition of Professional Qualifications relating to the Profession of Pharmacist) Regulations 2013 (S.I. No. 377 of 2013)

European Union (Recognition of Professional Qualifications relating to the Profession of Pharmacist) Regulations 2012 (S.I. No. 235 of 2012)

Pharmaceutical Society of Ireland (Fees) (Amendment) Rules 2010 (S.I. No. 257 of 2010)

Pharmacy Act 2007 (Section 64(9)) Order 2009 (S.I. No. 282 of 2009)

Pharmacy Act 2007 (Commencement) Order 2009 (S.I. No. 281 of 2009)

Occupational Pension Schemes (Preservation of Benefits) (Amendment) Regulations 2009 (S.I. No. 70 of 2009)

Pharmaceutical Society of Ireland (Fees) Rules 2008 (S.I. No. 496 of 2008)

Pharmaceutical Society of Ireland (Retail Pharmacy Businesses) (Registration) Rules 2008 (S.I. No. 495 of 2008)

Pharmaceutical Society of Ireland (Registration) Rules 2008 (S.I. No. 494 of 2008)

Pharmaceutical Society of Ireland (Education and Training) Rules 2008 (S.I. No. 493 of 2008)

Pharmaceutical Society of Ireland (Council) Rules 2008 (S.I. No. 492 of 2008)

European Communities (Recognition of Professional Qualifications Relating to the Profession of Pharmacist)(No. 2) Regulations 2008 (S.I. No. 489 of 2008)

Regulation of Retail Pharmacy Businesses Regulations 2008 (S.I. No. 488 of 2008)

Pharmacy Act 2007 (Commencement) Order 2008 (S.I. No. 487 of 2008)

Pharmacy Act 2007 (Commencement) Order 2007 (S. I. No. 243 of 2007)

Occupational Pension Scheme (Preservation of Benefits) Regulations 2002 (S.I. No. 279 of 2002)

All statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this revision.


Number 20 of 2007


PHARMACY ACT 2007

REVISED

Updated to 25 May 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Expenses.

4. Repeals and revocations.

PART 2

The Pharmaceutical Society of Ireland

5. Dissolution of old and establishment and membership of new Pharmaceutical Society of Ireland.

6. Status of the Society.

7. Functions of the Society.

8. Additional functions.

9. Ancillary powers.

PART 3

The Council of the Society

10. The Council of the Society.

11. Functions of the Council and their delegation.

12. Codes of conduct: reference to Competition Authority and Ministerial consent.

PART 4

Pharmaceutical Registration System

13. Registers.

14. Procedure and criteria for registration of pharmacists.

15. Registration of persons registered or entitled to be registered under repealed legislation.

16. Qualifications for practice.

17. Procedure and criteria for registration of retail pharmacy businesses.

18. Regulation of retail pharmacy businesses.

19. Inspection of premises of retail pharmacy business for the purposes of section 18.

20. Certificate of registration.

21. Refusal to register: notification and appeal.

21A. Appeal against failure to make a determination ( Repealed)

22. Maintenance and correction of registers.

23. Evidence as to the registers.

24. Roll of pharmacy students.

24A. Visiting European Pharmacists ( Repealed)

24B. Division of Register for visiting European pharmacists

PART 5

Offences

25. Interpretation of Part 5.

26. Conduct of retail pharmacy business: offences.

27. Carrying on of retail pharmacy business by natural person or partnership.

28. Carrying on of retail pharmacy business by corporate body.

29. Carrying on of retail pharmacy business by representative.

30. Saving for temporary cover by pharmaceutical assistant.

31. Offence of providing skilled pharmaceutical assistance by unregistered person.

32. Offence of holding oneself out as registered pharmacist or registered druggist.

PART 6

Complaints, Inquiries and Discipline

33. Interpretation of Part 6.

34. Disciplinary committees.

35. Complaints about registered pharmacists.

36. Complaints about registered retail pharmacy businesses.

37. Mediation of complaints.

38. Reference of complaints to preliminary proceedings committee for advice.

39. Action by Council on advice for no further action.

40. Procedure following recommendation for, or decision to take, further action.

41. Notification of referral of complaint to committee of inquiry and of hearing.

42. Hearings: procedure.

43. Hearings: evidence, powers, immunities, offences, etc.

44. Procedure following withdrawal of complaint.

45. Interim suspension of registration.

46. Undertaking and consents.

47. Committee’s inquiry report.

48. Action by Council on report by disciplinary committee.

49. Notification of imposition of disciplinary sanction.

50. Disciplinary sanction to be confirmed by High Court.

51. High Court’s power to cancel, etc., disciplinary sanction.

52. Confirmation by High Court of disciplinary sanction.

53. Expert evidence on poor professional performance and professional misconduct.

54. Finality of decision of High Court.

55. Notification of decision of High Court.

56. Notification of sanctions, etc., to Minister.

57. Public notice of sanctions, etc.

58. Absolute privilege for disciplinary proceedings, etc.

59. Cancellation of registration on request.

60. Cancellation of registration on failure to pay fee.

61. Restoration of registration.

62. Removal of conditions imposed under this Part.

63. Prohibition on certain economic relationships between pharmacists or pharmacies and doctors.

64. Prohibitions on carrying on retail pharmacy businesses and medical practices together and on improper recommendations.

65. Saver for certain property interests.

PART 7

Powers of Investigation

66. Definitions.

67. Powers of entry, search, seizure, etc.

68. Samples.

69. Evidence.

70. Indemnification of authorised officers.

71. Functions of Council on receipt of report of investigation by authorised officer.

72. Penalties for offences.

PART 8

Miscellaneous and General

73. Restriction of Apothecaries’ Hall Act 1791.

74. Amendment of Poisons Act 1961.

75. Interpretation of references to pharmaceutical chemists, persons keeping open shop, etc.

76. Codes, rules and regulations.

SCHEDULE 1

The Council and its members and the society’s employees

SCHEDULE 2

Recognition of Professional Qualifications in Pharmacy

SCHEDULE 3

Certificate stating results of test, examination or analysis

SCHEDULE 4

Enactments Repealed


Acts Referred to

Animal Remedies Acts 1993 and 2006

Apothecaries’ Hall Act 1791

31 Geo. 3., c.34

Bankruptcy Act 1988

1988, No. 27

Companies Act 1990

1990, No. 33

Companies Acts 1963 to 2005

Data Protection Acts 1988 and 2003

Ethics in Public Office Act 1995

1995, No. 22

European Communities (Amendment) Act 1993

1993, No. 25

European Parliament Elections Act 1997

1997, No. 2

Family Law (Maintenance of Spouses and Children) Act 1976

1976, No. 11

Irish Medicines Board Act 1995

1995, No. 29

Irish Medicines Board Acts 1995 and 2006

Medical Practitioners Act 1978

1978, No. 4

Misuse of Drugs Act 1977

1977, No. 12

Misuse of Drugs Acts 1977 to 2006

Partnership Act 1890

53 & 54 Vic., c. 93

Pharmacy Act (Ireland) 1875

38 & 39 Vic., c.57

Pharmacy Act, (Ireland) Amendment Act 1890

53 & 54 Vic., c.48

Pharmacy Act 1951

1951, No. 30

Pharmacy Act 1962

1962, No. 14

Pharmacy Acts 1875 to 1977

Poisons Act 1961

1961, No. 12

Poisons Acts 1961 and 1977

Poisons and Pharmacy Act 1908

8 Edw. 7., c. 55

Powers of Attorney Act 1996

1996, No. 12

Sale of Food and Drugs Act 1875

38 & 39 Vic., c.63

Taxes Consolidation Act 1997

1997, No. 39

Trade Marks Act 1996

1996, No. 6


Number 20 of 2007


PHARMACY ACT 2007

REVISED

Updated to 25 May 2018


AN ACT TO MAKE NEW PROVISION FOR THE REGULATION OF PHARMACY, INCLUDING PROVISION FOR THE DISSOLUTION OF THE PHARMACEUTICAL SOCIETY OF IRELAND AND THE SETTING UP OF A NEW PHARMACEUTICAL SOCIETY OF IRELAND, FOR THE ESTABLISHMENT, CONSTITUTION AND FUNCTIONS OF THE NEW SOCIETY’S COUNCIL, FOR A NEW SYSTEM OF REGISTRATION OF QUALIFIED PHARMACISTS, DRUGGISTS AND PHARMACEUTICAL ASSISTANTS AND OF PHARMACIES, FOR THE CREATION OF CERTAIN OFFENCES RELATING TO PHARMACY AND FOR THE SETTING UP OF NEW PROCEDURES TO ENSURE THAT PHARMACISTS ARE AND CONTINUE TO BE FIT TO PRACTISE AND TO PREVENT PHARMACISTS, PHARMACY OWNERS AND MEDICAL PRACTITIONERS FROM ENTERING INTO CERTAIN INAPPROPRIATE RELATIONSHIPS; AND TO PROVIDE FOR RELATED MATTERS.

[21 st April, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred and references to “Minister” and “Department of Finance” construed (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), ss. 7, 9, 11, 15, 20 and sch. 2 part 1, commenced as per s. 1(2).

Department of Public Expenditure and Reform.

7.— (1) There shall stand established on the appointed day a Department of State to be known, in the Irish language, as an Roinn Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Department of Public Expenditure and Reform.

(2) The member of the Government who is in charge of the Department of Public Expenditure and Reform—

(a) shall be known, in the Irish language, as an tAire Caiteachais Phoiblí agus Athchóirithe or, in the English language, as the Minister for Public Expenditure and Reform, and

(b) is, in this Act, referred to as the “Minister”.

...

Transfer of certain other functions to Minister.

9.— ...

(2) The functions conferred on the Minister for Finance by or under any of the provisions specified in Part 1 of Schedule 2 are transferred to the Minister.

...

Transfer of administration and business of Department of Finance.

11.— (1) The administration and business in connection with the performance of the functions transferred by sections 8 and 9 are hereby transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any statute or instrument under a statute in so far as they relate to the administration and business transferred by subsection (1) shall, from the appointed day, be construed as references to the Department of Public Expenditure and Reform.

...

Construction of references

15.— (1) References to the Minister for Finance contained in any statute or instrument under a statute in so far as they relate to any function transferred by this Act shall, from the appointed day, be construed as references to the Minister.

...

Performance of certain functions transferred to Minister by section 9.

20.— (1) The Minister shall not perform a function transferred by subsection (2) of section 9 without the consent of the Minister for Finance.

...

SCHEDULE 2

Functions Transferred To Minister

...

PART 1

Functions performable with consent of Minister for Finance

STATUTES

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 20 of 2007

Pharmacy Act 2007

Paragraph 18(1) of Schedule 1

...

...

...

Editorial Notes:

E1

Work or activity which is carried on by a person, a necessary and regular part of which requires the person to have access to, or contact with, children and vulnerable persons pursuant to Act included in schedule 1 to National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012) (29.04.2016) by National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012), s. 2 and sch. 1, part 1 item 15(f) and part 2 item 12(f), S.I. No. 214 of 2016.

E2

Registrar of Pharmaceutical Society of Ireland prescribed to be recipient of disclosures of relevant wrongdoings relating to the regulation of pharmacists and pharmacies including the Society’s responsibility for supervising compliance with Act (23.07.2014) by Protected Disclosures Act 2014 (Section 7(2)) Order 2014 (S.I. No. 339 of 2014), art. 2 and sch. ref. no. 55.