Pharmacy Act 2007

64.

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

64.— (1) A registered retail pharmacy business and a medical practice shall not be carried on—

( a) in the same premises as each other, or

( b) in premises which, although separate—

(i) are such that public access to the one is available only by way of the other, or

(ii) share a common public entrance with each other,

if there is an arrangement of the kind described in subsection (2).

(2) An arrangement is of the kind referred to in subsection (1) if it—

( a) is between the owner of the registered retail pharmacy business referred to in that subsection or the registered pharmacist in whole-time charge of that business and a registered medical practitioner practising in the medical practice referred to in that subsection, and

( b) provides for, acknowledges or regulates a financial benefit to any of them arising from or facilitated by the co-location or juxtaposition described in that subsection.

(3) A registered pharmacist or a pharmacy owner shall not recommend any medical practice or registered medical practitioner to a member of the public otherwise than in the exercise of his or her professional judgment as a pharmacist, or, as the case may be, in the proper carrying on of the business.

(4) In subsection (3), “ proper” means in a way not intended to result in a financial benefit to be derived from the medical practice or registered medical practitioner referred to in that subsection.

(5) A registered medical practitioner shall not recommend any pharmacist or retail pharmacy business to a member of the public otherwise than in the exercise of his or her professional judgment as a registered medical practitioner.

(6) A registered pharmacist or pharmacy owner who is aware of a contravention of this section shall report it to the Society.

(7) A registered medical practitioner who is aware of a contravention of this section shall report it to the Medical Council.

(8) A contravention of this section—

( a) by a registered pharmacist shall for the purposes of section 35 and so much of this Part as relates to that section, constitute professional misconduct by the registered pharmacist,

( b) by the owner of a registered retail pharmacy business shall for the purposes of section 36 and so much of this Part as relates to that section, constitute misconduct of the kind referred to in that provision by the pharmacy owner,

( c) by a registered medical practitioner shall, for the purposes of section 45 of the Medical Practitioners Act 1978 and so much of Part V of that Act as relates to that section, or any enactment re-enacting those provisions, constitute professional misconduct by the registered medical practitioner.

(9) Subsections (1) to (4) and (10) and such much of the remainder of this section as relates to those subsections shall apply in relation to a registered retail pharmacy business or medical practice which was being lawfully carried on immediately before the passing of this Act only with effect on and from such later date as is specified by order made by the Minister.

(10) In this section “registered medical practitioner” has the same meaning as in section 63 .

Annotations:

Editorial Notes:

E56

Power pursuant to subs. (9) exercised (1.05.2010) by Pharmacy Act 2007 (Section 64(9)) Order 2009 (S.I. No. 282 of 2009).

2. The 1st day of May 2010 is appointed as the day on which section 64(9) of the Pharmacy Act 2007 (No. 20 of 2007) shall take effect.