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Pharmacists (Professional Conduct) Regulations, 2004

Title
These regulations may be cited as the Pharmacists (Professional Conduct) Regulations, 2004
Interpretation
“Council” means the Pharmacists’ Council of Zimbabwe established by section forty-five of the Health Professions Act[Chapter 27:19]
The Act means Health Professions Act (Chapter 27:19)

1. The term pharmaceutical chemist is changed to pharmacist. This is advisable as it is in line with current terminology in use.

“advertisement” includes any advertisement contained in a publication or any advertisement broadcast on radio or television or transmitted through the electronic media or brought to the attention of the public by any other means;


Physical Address
17 Divine Rd Cnr Clayton Rd, Milton Park
Harare
Zimbabwe
Postal
P.O. Box CY 2138
Causeway
Tel: 263 (4) 740074, 740158, 741302
Fax: 263 (4) 740157

“approved” means approved by the Council;
practice amongst regulators. In compliance with its statutory duty to cooperate with CHRE, the Council Should make further changes to its procedures as “best practice” is defined. The potential for significant legal costs also remains in the event of a successful legal challenge to a decision of the Council’s Disciplinary Committee.

The fitness to practice function of the committee is to monitor and ensure compliance with, the standards of conduct, performance and fitness to practice set by the Health Professions Act. Where a person registered with the Council conducting a retail pharmacy business fails to comply with those standards and legal obligations, it falls to the committee to take action to enforce those standards and legal obligations.

The Committee monitors pharmacies on a routine basis and investigate any allegations or complaints made against persons registered with the Council or lawfully conducting a retail pharmacy business.

Compliance is achieved by the provision of written or verbal advice on the interpretation of the law and code of ethics, and by publication of decisions of the Council’s fitness to practice Committees.

Enforcement is achieved by bringing proceedings against a person registered with the Council or lawfully conducting a retail pharmacy business through the Council’s PIC, or with the help of Criminal Courts.

“business advertisement” shall comprise only details of the name of any business under which a pharmacist practices, the physical address of such business, the hours of attendance thereat and any relevant telephone numbers, e-mail address, website;

“community pharmacy” means a premises engaged solely in retail trade.

“pharmacist” means a person registered on the register of pharmacist maintained by the Council in accordance with the Act;

“premises “ means any place wherein or from which any service specially pertaining to the scope of practice of a pharmacist is provided.
“premises”.

“publication” includes any newspaper, book, periodical, pamphlet, poster, calendar of information otherwise printed or transmitted through the electronic media.
Improper or disgraceful conduct
Any contravention of these regulations, or any other Act or Regulation pertaining to the practice of pharmacy or any conduct by a pharmacist which, in the opinion of the Council considered to be improper or disgraceful to the interests of the profession, shall for the purpose of section 116 of the Act, constitute improper or disgraceful conduct.
Section 2: Interpretation

2.”Council” means Pharmacists Council of Zimbabwe established by section forty-five of the Health Professions Act (Chapter 27:19)
Policy Guidelines
The Council may publish from time to time Guidelines which shall be read in conjuction with these Regulations. The policy guidelines will provide additional detail and/or examples pertaining to any section of these regulations for the purpose of defining what is regarded as appropriate or acceptable by the Council.
Advertising of professional services
Subject to the provisions of sections 6 and 8, a pharmacist may –
use, in connection with his practice, printed letter heads, business circulars, business cards, envelopes and similar stationery bearing the normal title of the firm;
make known to the general public and erect remote directional signs indicating:
the location of his pharmacy
its trading title
the business hours of the pharmacy

Provided that such remote directional signs-
shall not be greater than 1m in size or the maximum specified in the current local authority regulations; and
shall not be placed further than 1km from the pharmacy, unless authorized by the Council.
make known the following services, which are deemed to be the professional services of a pharmacist, namely
dispensing of prescriptions
sale and supply of medicines, medical products and/or hazardous substances
sale or supply of surgical dressings and appliances
provision of health education and health care information
services supplementary to the pharmacy profession

Provided that, for services referred to in subsections (iv) and (v), where the Council determines that such services require additional training and/or certification, such training and/or certification has been obtained to the satisfaction of the Council.
publish business advertisements in the telephone directory or other approved directories.
Rules for advertising

A pharmacist shall only advertise in a manner which:
is factually correct and is not misleading;
does not harm the dignity of the profession;
is not contrary to generally accepted practice or standards in the pharmacy profession;
does not imply that his professional services are in way superior or unique;
accurately reflects his qualifications and competence
is only intended as being of an informative nature for the general public and cannot be construed or interpreted as a direct invitation to a specific person or group of persons to entrust his or their business with a pharmacist to such pharmacist or premises;
is not aimed at or may be interpreted as promoting or attempting to promote the sale or use of medicines in general by the public, and more particularly the sale or use of medicines with a known potential of misuse or abuse.

Exclusions in respect of advertising
A pharmacist may not:

a) advertise in, or within close proximity of, another premises registered in terms of the Act;
b) advertise professional services as part of an advertisement of non-professional services or of ordinary commodities of trade;
c) advertise the price on any medicine or professional service to the public
Provided that a label on a product offered for sale within the pharmacy shall constitute an advertisement;
d) advertise any form of discount in connection with medicines or professional services;
e) advertise outside pharmacy by way of flashing lights and/or moving signs, unless such signs have been approved by the Council.

Supplementary services
Where the Council determines that a supplementary service requires additional training and/or certification, such service may not be offered
or given by a person who has not been so trained and/or certified to
the satisfaction of Council.

Prescriptions

8. No pharmacist shall –
a) distribute, or cause to be distributed, blank prescription forms having the name of a pharmacist or pharmacy printed therein;
b) dispense or in any way be a party to the use of secret or cipher prescriptions;
c) work in collusion with any other health professional for the direction of prescriptions to any pharmacist or premises, or in any other way interfere with the patient’s right to choice of provider;
d) retain any prescription not required to be so retained by law, except at the request of the patient.Canvassing or touting for business
No pharmacist shall directly or indirectly –
a) solicit orders for or sell drugs and medicines on a door to door basis; or
b) canvas or tout for the provision of any professional service

Provided that a pharmacist shall be permitted to distribute on a door to door basis a notice to the effect that a new pharmacy will open, for a maximum period of 30 days after the opening of such pharmacy, in accordance with the provisions of sections 5;6 and 8; such notice may only include details of the location, trading title and business hours of the pharmacy.
Inducement

10. No pharmacist shall offer or give any form of inducement for the supply
of any prescription or provision of any dispensing service to a person who is not registered in terms of the Act, or the Veterinary Surgeons Act [Chapter 227], except –
a) in terms of a contract entered into by the an approved organization on behalf of the Pharmacists Council of Zimbabwe.
b) in terms of contract, the terms of which are identical for all pharmacists.

The good name of colleagues and other registered persons

11.(1) No pharmacist shall, without good cause, cast any reflection on the
probity, professional reputation or skill of another pharmacist or any
other registered person.

(2) No pharmacist shall discuss or criticize any prescription or proposed
treatment so as to impair the confidence of the patient.

Divulging confidential information

12. No pharmacist shall divulge, either orally or in writing, any information
regarding a prescription supplied to, or the treatment or ailment of any
person which ought not be divulged, except –
a) where so required by law; or
b) with the consent of that person or,

(i) where that person is a minor, with the consent of the parent or guardian of that person; or

(ii) Where that person has died, with the consent, in writing, of the executor or next of kin of the person.
Substitution or omission of prescription ingredients

13. No pharmacist shall substitute or omit any drug or ingredient in a prescription
without the approval of the prescriber:
Provided that it shall be permissible for a drug to be substituted without such
approval if –
a) the drug substituted –

i) is registered or listed with the Medicines Control Authority of Zimbabwe; and
ii) contains the same amount of the same active ingredients intended for administration by the same route, in the same dosage form, as the original prescribed; and
iii) the pharmacist is satisfied that the drug substituted is equivalent to the drug prescribed; and
iv) the patient is advised of the price and intention to and agrees to such substitution; and
v) in the event that the drug substituted is more expensive than the drug prescribed the patient must be so advised and his consent obtained; and
vi) the prescriber has not indicated that a substitution should not be made.

Consulting rooms and premises

15. No pharmacist shall –
a) practice are not registered in terms of the Act section 101.
b) permit a medical practitioner, dental practitioner or veterinary surgeon to have consulting rooms with an entrance through or with a name plate at the entrance to a pharmacy;
c) have or establish a community pharmacy within the same premises as those in which any other person who is not registered in terms of the Act is carrying on any business, profession or calling; or
d) permit any person who is not registered in terms of the Act to carry on any business, profession, or calling within the same premises as those in which he is licensed to carry on the business of a community pharmacy.

Standards of practice

16. All pharmacists shall ensure that they:
a) adhere to standards of practice as adopted by the Council.
b) keep up-to-date in their professional knowledge (in the manner determined and disseminated in the form of guidelines) by the Council
from time to time .

Exploitation

17. No pharmacist shall permit himself to be exploited in a manner detrimental to
the interests of the public or his profession.
Commission

18. No community pharmacist shall pay by way of commission any moneys or
articles, or offer any inducement of any nature to any person, company or
organization in return for actual or implied favour or inducement in connection
with his practice.

Trading restrictions
19. No pharmacist shall:
a) sell or supply. Offer to sell or supply or associate himself directly or indirectly with the sale or supply of remedies or medicines not registered under the Medicines and Allied Substances Act or are the subject of false medical claims.
b) Sell or supply, offer to sell or supply or associate himself directly or indirectly with the sale or supply or provision to facilitate for the sale or supply of beverages, whether aerated or not, in the pharmacy wherein he conducts business as a pharmacist.(matters of debate).
c) Sell or supply, offer to sell or supply or associate himself directly or indirectly with the sale or supply or provision of facilities for the sale or supply of groceries other than baby or invalid foods in the pharmacy wherein he conducts business as a pharmacist.
d) Sell or supply tobacco, (snuff, cigarettes and tobacco related) products.

Conduct of body corporate, company or partnership

20. A pharmacist shall, in his capacity as a-

(a) director of a body corporate or private company; or
(b) partner in a partnership; which carries on the business of a pharmacist,
exercise sufficient control over the activities of such body corporate, private
company or partnership as will ensure that the body corporate, private
company or partnership or any servant thereof does not commit any breach
of these regulations or any other Act or Regulation pertaining to the
practice of pharmacy
False declaration

21. A pharmacist shall not make any false declaration to the Council or any other
body so far as it pertains to his practice as a pharmacist, or to the operations
or to the shareholding of a body corporate or private company or partnership
with which he is involved and which carries on the business of a pharmacist.

Availability of regulations

22. The pharmacist in control of premises wherein pharmacy is practiced shall
ensure that:

(a) a copy of these regulations is readily available at the premises; and
(b) all pharmacists employed in the premises are familiar with these regulations.
Obstruction of Council

23. No pharmacist shall-
e) prevent, hinder or obstruct the Council or any official acting on its behalf from carrying out its duties;
f) fail to comply with any notice, order or direction issued by the Council in terms of the Act.Notification of misconduct to Council

24.(include SI 93 of 1993 here)
Repeals

25. The regulations specified in the Schedule are repealed.

26. “The Pharmaceutical Chemists (Professional Conduct)Regulations, 1989
which were published in Statutory Instrument 232 of 1989, are repealed.”

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