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PHARMACY ACT 9 OF 2004
[ASSENTED TO 13 JULY 2004] [DATE OF COMMENCEMENT: 1 OCTOBER 2004]
(Signed by the President)
ACTTo provide for the establishment and constitution of a professional Council for thepharmacy profession; to determine the powers, duties and functions of such Council;to regulate the registration of pharmacists and persons practising professions alliedto the pharmacy profession; to specify the education and training and qualificationsof persons practising such professions; to prohibit the practising of any suchprofession without being registered; and to provide for matters incidental thereto.
ARRANGEMENT OF SECTIONSPART IINTERPRETATION
1Definitions2Application of Act
PART IIESTABLISHMENT, OBJECTS, FUNCTIONS AND POWERS OF THE PHARMACYCOUNCIL OF NAMIBIA
3Establishment of Pharmacy Council of Namibia4Succession from former Board to Council5Objects of Council6Powers of Council7Composition of Council8Disqualification to be member of Council9Vacation of office by members of Council and filling of vacancies10President and vice-president of Council11Meetings and decisions of Council12Executive committee, professional conduct committee, appeal committee, education committee, and other committees13Funds of the Council14Appointment of registrar and staff 15Powers, duties and functions of registrar 
PART IIIEDUCATION, TUITION, TRAINING, QUALIFICATIONS AND REGISTRATION
16Control over education, tuition and training17Registration prerequisite for practising18Minimum requirements of study for registration19Practical training prerequisite for registration as pharmacist20Registration of pharmacist's assistant and pharmaceutical technician21Application for registration22Procedures relating to registration23Conditional registration24Registration of person registered conditionally25Keeping of registers26Removal of name from register and effect of such removal27Restoration of name to register 28Fees payable to Council and maintaining of registration by registered persons29Register as proof 30Certificate of status and extract from register 31Registration of additional qualifications and specialities32Continuing professional development33Temporary registration for purposes of educational demonstrations or training34Educational institutions to furnish particulars35Private company conducting business as pharmacist36Close corporation conducting business as pharmacist37Ownership of pharmacy by person other than pharmacist, private company or close corporation38Further conditions pertaining to pharmacy owned by person other than pharmacist
 
PART IVCONDUCT OF PHARMACEUTICAL PRACTICE
39Pharmacy to be conducted under continuous supervision of pharmacist40Restriction in respect of business names41Continuation of business of pharmacist by executor, trustee, liquidator or curator 42Inspection of pharmacy practices
PART VOFFENCES BY UNREGISTERED PERSONS
43Penalties for practising as pharmacist or pharmacist intern, or for performing certain other acts, whileunregistered44Penalties for practising as a pharmacist's assistant or pharmaceutical technician, or for performing certainacts, while unregistered
PART VIDISCIPLINARY POWERS OF COUNCIL
45Professional conduct rules by Council46Inquiry by Council into complaint, charge, or allegation of unprofessional conduct47Procedures relating to professional conduct inquiry48Professional conduct inquiry in respect of registered person not to prejudice civil or criminal liability49Penalties for false evidence50Penalties by Council or professional conduct committee for unprofessional conduct51Postponement of imposition of penalty and suspension of execution of penalty52Effect of suspension or removal from register 53Cognisance by Council of conduct of registered persons under certain circumstances54
Pro forma
complainants55Limitation of liability56Investigation, assessment and powers of Council in respect of impaired registered persons
PART VIIGENERAL AND SUPPLEMENTARY PROVISIONS
57Charges by pharmacists58Offences relating to registers, registration and impersonation59Commissions on prescriptions60Limitations in respect of unregistered persons and proof of registration for issue of licences61Matters relating to investigations and inspections62Licensing of pharmacist under Medicines and Related Substances Control Act63Appeals to appeal committee64Appeals to High Court65Delegation of powers66Regulations67General rules by Council68Offences and penalties69Authorisation to practise professions in employment of the State70Establishment of Interim Council71Transitional provisions72Repeal of laws and savings73Short title and commencementSchedule - Repeal of laws
PREAMBLE
Recognising that the standards of professional practice and conduct of pharmacists andpersons practising professions allied to the pharmacy profession in Namibia must beimproved continuously;Recognising that the evolving Namibian pharmaceutical care sector requires strongstewardship on behalf of the people of Namibia;Recognising that this stewardship function includes both the formulation of rules to governthe professional practice and conduct of practitioners in that sector and to ensurecompliance therewith;
 
Whereas that responsibility may be entrusted to a body led by the relevant profession inclose partnership with the public and the State, with the understanding that it forms a distinctpart of a wider statutory framework aimed at the protection and promotion of the health andwelfare of the Namibian people;And whereas that responsibility must be executed in an accountable fashion thateffectively protects the public interest,
BE IT THEREFORE ENACTED
by the Parliament of the Republic of Namibia, as follows:
PART IINTERPRETATION (ss 1-2)1 Definitions
In this Act, unless the context otherwise indicates-
"annual fee"
means the annual fee determined by the Council in terms of section 28(1)
(b)
;
"appeal committee"
means the appeal committee established by the Council in terms of section 12(3)
(a)
;
"certificate of status"
means a certificate setting out the information referred to in section30(2);
"continuing professional development"
means the continuing professionaldevelopment contemplated in section 32;
"commencement date"
means the date of commencement of this Act;
"committee"
means a committee established in terms of section 12;
"community pharmacy"
means a pharmacy where business is conducted with, andmedicines supplied to, the public, and
"community pharmacist"
has a correspondingmeaning;
"Council"
means the Pharmacy Council of Namibia established by section 3;
"dentist"
means a person registered as such in terms of the Medical and Dental Act,2004;
"educational institution"
means any university, college, technical college, technikon,training facility, or other similar or related institution where a qualification can be obtainedwhich complies with the requirements of a prescribed qualification contemplated in section18;
"education committee"
means the education committee established in terms of section12(4)
(a)
;
"executive committee"
means the executive committee established in terms of section12(1)
(a)
;
"fees"
, in relation to an application, means the fees relating to the application concerned
of 00

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