Pharmacy Act 2007

7

Functions of the Society.

7.— (1) The principal functions of the Society shall be—

(a) to regulate the profession of pharmacy in the State having regard to the need to protect, maintain and promote the health and safety of the public,

(b) to promote and ensure a high standard of education and training for persons seeking to become pharmacists,

(c) to ensure that those persons and pharmacists obtain appropriate experience,

(d) to ensure that pharmacists undertake appropriate continuing professional development, including the acquisition of specialisation, and

F3[(e) to—

(i) supervise compliance with this Act, and

(ii) supervise compliance by pharmacists, pharmaceutical assistants and pharmacy owners in their respective capacities as such, with—

(I) the Poisons Acts 1961 and 1977,

(II) the Misuse of Drugs Acts 1977 to 2017,

(III) the Animal Remedies Acts 1993 and 2006,

(IV) the Irish Medicines Boards Acts 1995 and 2006,

(V) the Health (Pricing and Supply of Medical Goods) Act 2013 ,

(VI) any statutory instrument made under any of those Acts, and

(VII) the European Communities (Animal Remedies) (No. 2) Regulations 2007 ( S.I. No. 786 of 2007),

and]

F4[(f) to establish and maintain, in accordance with regulation 19A (inserted by regulation 7 of the Medicinal Products (Prescription and Control of Supply) (Amendment) Regulations 2015 (S.I. No. 87 of 2015)) of the Medicinal Products (Prescription and Control of Supply) Regulations 2003 (S.I. No. 540 of 2003), the ISS supply list of persons entitled to supply non-prescription medicinal products at a distance to the public by means of information society services.]

(2) Without prejudice to the generality of subsection(1), but subject to the other provisions of this Act—

(a) it is the duty of the Society to—

(i) keep the registers,

(ii) determine and apply the criteria for registration,

(iii) draw up codes of conduct for pharmacists,

(iv) determine, approve and keep under review programmes of education and training suitable to enable persons applying for registration to meet those criteria and pharmacists to comply with those codes,

(v) give the Minister such information and advice about such matters relating to its functions as the Minister may call for,

(vi) act as the competent authority for the purposes of the mutual recognition of pharmacy qualifications obtained in or recognised by Member States and for the purposes of the Professional Qualifications Directive, F5[Commission Implementing Regulation (EU) 2015/983 of 24 June 20154 and the Professional Qualifications Regulations,]

(vii) take suitable action to improve the profession of pharmacy,

(b) the Society shall have power to—

(i) conduct inquiries into the qualifications and fitness of persons to practise,

(ii) impose sanctions on pharmacists whom it finds (whether or not after an inquiry) to be unqualified or unfit to practise,

(iii) impose sanctions on pharmacy owners whom it finds (whether or not after an inquiry) have failed to comply with regulations under section 18 ,

(iv) to conduct or arrange for the conduct of examinations of persons who are applying or might apply for registration,

(v) give the Minister such advice or information about matters relating to its functions as it thinks fit,

(vi) facilitate the exchange of information between its members collectively or any sector of them and members of the public who use, or might use, their or its services,

(vii) make public statements about any aspect of pharmacy to which its functions relate,

(viii) borrow money,

(ix) authorise persons to exercise the powers of entry and inspection, etc., of drugs and documents, as set out in section 24 of the Misuse of Drugs Act 1977,

(x) appoint persons as authorised officers for the purposes of the Irish Medicines Board Act 1995 and furnish them with warrants, all as set out in section 32B of that Act.

(3) In subsection (2)(a)(ii) and (iv), “registration” includes continued registration.

Annotations

Amendments:

F3

Substituted (13.02.2021) by by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 53(b), S.I. No. 54 of 2021.

F4

Inserted (12.03.2015) by European Union (Amendment of the Pharmacy Act 2007) Regulations 2015 (S.I. No. 86 of 2015), reg. 2(b).

F5

Inserted (17.01.2017) by European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017), reg. 91(b), in effect as per reg. 2.

F6

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 53(a), not commenced as of date of revision.

Modifications (not altering text):

C3

Prospective affecting provision: subs. (1)(d) amended by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 53(a), not commenced as of date of revision.

(d) to ensure that pharmacists F6[and pharmaceutical assistants] undertake appropriate continuing professional development, including the acquisition of specialisation, and

Editorial Notes:

E8

Previous affecting provision: subs. (1)(e) amended (12.03.2015) by European Union (Amendment of the Pharmacy Act 2007) Regulations 2015 (S.I. No. 86 of 2015), reg. 2(a); substituted as per F-note above.

E9

Previous affecting provision: subs. (1)(e) substituted (24.06.2013) by Health (Pricing and Supply of Medical Goods) Act 2013 (14/2013), s. 32(a), S.I. No. 202 of 2013; paragraph substituted as per F-note above.