In exercise of the powers conferred on the Minister responsible for Health by section 23(3) and 46 of the Pharmacy Act, 1994 (Act 489) and on the advice of the Pharmacy Council these Regulations are made this 7th day of May 1998.

1. No disciplinary action shall be taken against any registered pharmacist under the Act unless it is as a result of an enquiry held in accordance with these Regulations.

Complaint -

2. (1) Where a written complaint or information is received from any person by the Registrar or the Registrar in any manner becomes aware that a registered pharmacist -
   
     (a) has been convicted of an offence under the Act; or
     (b) has been convicted of an offence relating to pharmacy under any other enactment and   sentenced to imprisonment; or
     (c) is guilty of professional misconduct or breach of professional standards, the Registrar shall   submit the complaint, information or written statement of the Council.
   (2) The Council shall refer to complain, information or written statement to the Disciplinary Committee

Professional misconduct -

3. A registered pharmacist is guilty of professional misconduct if he –
       (a) permits an unqualified person to dispense restricted or class A or B drugs form his licensed    premises;
      (b) is convicted of a criminal offence which involves dishonesty or fraud;
      (c) dispenses medicine whilst under the influence of alcohol or drugs;
      (d) dispenses unwholesome medicine;
      (e) colludes in the course of his work with medical practitioner, a nurse or any other health delivery    person for financial gain or other benefit to the detriment of any person; or
      (f) commits any other act or omission that may be specified from time to time as a professional    misconduct.

Disciplinary procedure -

4. (1) The Registrar shall within 7 days of reference to the Disciplinary Committee, serve on the pharmacist a copy of the complaint or information inviting the pharmacist to submit in writing to the Disciplinary Committee and explanation to the complaint within 30 days form the date of the receipt of the complaint by the pharmacist.
   (2) An explanation submitted by the pharmacist pursuant to sub-regulation (1) shall be examined by the Committee to determine whether an enquiry is necessary

5. (1) Where the committee after considering the complaint and the explanation provided by the pharmacist is of the opinion that an enquiry is necessary, it shall summon the pharmacist, the complainant and other persons likely to give assistance to the Committee to appear before it.
   (2) A person summoned to appear before the Committee may be required by the Committee to produce any document or other material in his possession or control which relates to the enquiry except that no person shall be compelled to produce before the Committee any document which he could not be compelled to produce in a court

Enquiry -

6. (1) The pharmacist shall be examined on oath by the Committee and may be examined or cross-examined by any other person appearing before the Committee in respect of the enquiry.
   (2) The pharmacist or any other person required to appear before the Committee is entitled to appear with a lawyer or other expert.
   (3) For the purpose of the enquiry before the Committee, the Committee shall administer and oath.
   (4) Where the pharmacist submits an explanation but fails to appear before the Committee without reasonable cause the enquiry may proceed in his absence.
   (5) The proceedings of the enquiry shall be formally recorded.

Conclusion of enquiry -

7. (1) On conclusion of the enquiry the Committee shall submit to the Council a record of the enquiry together with its recommendations on penalty, if any.
   (2) Matters for decision before the Committee shall be determined by simple majority.

Failure to submit explanation -

8. Where a pharmacist from whom an explanation is sought under regulation 3 fails without reasonable cause to provide the explanation within the period specified, the Registrar, having satisfied himself that the notice to give explanation has been served on the pharmacist, shall bring this information before the Committee and the Committee shall then consider the complaint and make such recommendations as it considers appropriate in respect of the complaint to the Council

Action by Council -

9. The Council on receipt of recommendations of the Committee following the enquiry may –
   (a) accept the recommendations;
   (b) remit the recommendation to the Committee for further consideration; or
   (c) modify the recommendations

Penalties -

10. (1) The Council may in any disciplinary enquiry on the recommendation of the Committee impose as it considers appropriate the following penalties –
       (a) cancellation of registration;
       (b) suspension of registration;
       (c) payment of a fine; not exceeding ten million cedis;
       (d) a reprimand;
       (e) payment of all costs expended on the enquiry.
    (2) Where a certificate of registration is to be cancelled or suspended, the Registrar shall -
       (a) serve on the pharmacist a notice informing him of the order and requiring him to deliver the    certificate within 21 days of the date of the service
       (b) publish in the Gazette a notice of the cancellation or suspension; and
       (c) in the case of cancellation, delete the name of the pharmacist from the Registrar of Pharmacists
    (3) Notwithstanding sub-regulation (2) of this regulation, where a pharmacist appeals against a cancellation or suspension, the Registrar shall only act in accordance with sub-regulation (4) on the expiration of the period of notice of appeal or after the disposal of the appeal.
    (4) The Registration shall at the expiration of a suspension period return the certificate to the pharmacist, and cause notice of the expiration of the suspension to be published in the Gazette.

Re-registration -

11. Where a pharmacist seeks re-registration after the cancellation of an earlier registration the application shall be supported by a declaration of good behavior from two persons namely – (a) a senior practicing pharmacist with not less than fifteen years practice; and (b) a senior public officer of any of the public service with not less than ten years service

Fees -

12. The fees specified in column 2 of the Schedule to these Regulations shall be paid in respect of the matters provided in column 1 in relation to them

Interpretation -

13. In these Regulations unless the context otherwise requires –
    “Act” means the Pharmacy Act, 1994 (Act 489);
    “Committee means the Disciplinary Committee established under section 23(1) of the Act;
    “Council” means the Pharmacy Council established by Act 489;”unwholesome medicine” means fake, substandard, or expired drugs.