Pharmacy Act

Short title Interpretation E stablishm ent of the P harm acy Board Composition of the Board M eetings and proceedings of the Boar d Pecuniary interest of m em bers to be disclosed R em uneration of m em bers Acts, etc of the Board not be invalidated by reason of vacancies R estriction of dealing with poisons D ealers Im port, etc of restricted pharm aceuticals Dispensing restricted pharm aceuticals R ecipients of poisons to be identified Poisons Book R ecords of restricted pharm aceuticals Inform ation to Customs R ight of inspection Storage and labelling Regulations Penal Saving of Law 13 of 1973 and the Caym anian Protection Law (R evised) T h i P / i j t i n i i i \ l.uw 197'.) •’ Law 23 of 1979 I assent T. RUSSELL G overnor 2nd O ctober, 1979 A LAW to control dealings in poisonous substances and in p h ar m aceutical products having potential danger to health if m isapplied and for connected purposes ENACTED by the L egislature of the C aym an Islands.

Short title 1 This Law m ay be cited as the P harm acy Law . 1979 I n t e r p r e t a t i o n 2 In this Law, unless the context Otherwise requires - “ B oard” m eans the P h arm acy Board established under section 3;

“ C hairm an” m eans the C hairm an of the Board designated under section 4;

“ Chief A gricultural O fficer” m eans the person for the tim e being holding or acting in, the post of Chief A gricultural O fficer or anyone working under his direction;

“ Chief M edical O fficer” m eans the person for the tim e being holding or acting in the post of Chief M edical Officer or anyone working under his direction;

“ d ealer” m eans a person authorized by the B oard under section 10 to deal in poisons;

“ G overnor” m eans the G overnor in Council;

/ l l i i 1‘h u t m u i y I u w . J ‘J 7 ' ) L .!w ] ‘J o f 1 'J 74 L.IW 1'J o f 1 9 7 4 L a w 1 3 o f 1 9 7 3 L a v / 5 o f 1 9 7 K E s l a h l i s h m e n l o f lliC (Ml a r m a c y B o a r d “ m edical p ractitio n er” m eans a person licensed under the H ealth P ractitio n ers’ Law , 1974, to practice m edicine or dentistry;

“ p harm aceutical” m eans a prescribed pharm aceutical product or class of pharm aceutical products;

“ p harm acist” m eans a person licensed under the Health P ractitioners’ Lav.', 1974, to practise pharm acy and includes anyone acting under his direct supervision;

“poison” m eans a prescribed poisoi7ous substance or class of poisonous substances;

“ prescribed” m eans prescribed by this Law or any regulation m ade under it;

“ prescription” m eans an order or authorization issued and signed by a m edical parctitioner or veterinary surgeon to supply, adm inister or consum e a pharm aceutical;

“ re s tric te d p h a rm a c e u tic a l” m ean s a p h a rm a c e u tic a l prescribed as such which m ay not be dispensed or adm inistered except under prescription and ail drugs scheduled in the M isuse of Drugs Law, 1973;

“ veterinary surgeon” has the m eaning ascribed to it by the V eterinary Law. 1978 There is hereby established a public authority called the P h a r m acy Board which, subject to the provisions of this Lawc shall exercise the powers conferred, and discharge the duties imposed, on it by this Law C c i m p u s i E i u n o f i li c B o a r d 4..

(1) The Board shall consist of - (a) the Chief M edical Officer, vdio shall be Chairm an; and (b) three other m em bers appointed by the Governor each of w'hom. shall, subject to the other prorisions of this section and unless he earlier dies or vacates liis office, hold office a t the pleasure of the Governor.

(2} A m em ber m ay resign his office by gi\dng w ritten notice to the Governor (3) A. m em ber appointed under subsection (1) (b) who ceases to be a m em ber shall be eligible for re-appointm ent (4) The nam es of the m em bers of the Board as first constituted and particu lars of every change in the m em bersliip thereof shall be published in the G azette (5) n at any tim e a m em ber appointed under subsection {l)_{b) is by reason of ill-health, absence from the Islands or other sufficient cause unable to perform his duties as such, the Governor m ay appoint T / n ' P h u i m u i \ l o w 1 9 7 ' ) ^ another person to act as a m em ber during the incapacity of the sub stantive m em ber and any person so appointed shall while so acting be deem ed to be a m em ber M e e l i i i g i a n d p r o c e e d i n g s o f I h e B o a r d P e c u n i a r y i n l c r e s t o f m c j i i b c r s t o be d i s c l o s e d K e m u n e t a i i o i i o f n i e m b c t s A c t s , e t c o f t h e Boa! d n o t t o b e i n v a l i d a t e d b y r e a s o n o f v a c ai i ci e s Rest! i c i i o n o f d e a l i n g W'ilh p o i s o n s D e al e i :

5, (1) The Board shall m.eet a t such tim es and places as the Chairm an m ay decide (2) The quorum a t any m eeting of the Board shall be three m em bers present (3) At ail m eetings of the Boai'd the C hairm an, or, in his absence, such other m em ber as the m em bers present select, shall preside (4) Ail questions coming or arising before a m eeting of the Board shall be decided by a ma.iority of the m em bers p resent and voting thereon at the m eeting, save th a t the person presiding shall not have an original vote, but in the case of an equality of votes he shall have a casting vote (51 Subject to the other prorisions of this section the B oard m ay regulate its own procedure If a m em ber has a pecuniary interest, direct or indirect, in any contract or other m atter and is present a t a m eeting of the B oard at which the contract or other m a tte r is the subject of consideration, he shall at the m eeting, as soon as practicable after the com m encem ent thereof, disclose the fact, which shall be recorded m the m inutes of the m eeting and thereupon such m em ber m ay take p a rt in the con sideration or discussion of the contract or other m atter, but shall not vote or otherwise take p art in the decision thereon of the Board A m em ber, not being a public officer, m ay be paid and receive from public funds such allow ances for travelling arid subsistence as m ay from tim e to tim e be payable to persons serving upon public bodies No act or proceeding of the B oard shall be invalidated in con sequence of there being a vacancy in the num ber of m em bers of the Board at the tim e of such act or proceeding Whoever not being - (a) the Chief M edical Officer;

(b) a m edical practitioner;

ic) a pharm acist;

(d) a veterinary' surgeon;

{ej a dealer; or (f) the Chief A gricultural Officer im ports or deals in any poison is guilty of an offence 10 (1) The Board m av authorise any person v/ho - (a) m akes application in the prescribed m anner ;

(b) is over the age of 18 y ears;

I h i l ^ l i u i n i u t V I u \ .

/ ') 7'> I m p r i f f , e t c <jf r c i l r i c i e d p l i d r m i i t c u • l i c a l i D i s p c n s i n i i r c s c r i c i e d p h a r m a c e u t i c a l s R c c i p i e n f s o f p o i s o n s t o b e i d e n n f i e d P o i s o n s B o o k R e c o r d s o f r e s f r i c t e d p l i a r m a c e u l ic a l s (c) is in the opinion of the Board a person of good understanding and responsibility; and (d) the prescribed fee to be a dealer for the purposes of this Law subject to such lim itations, restrictions and conditions as the Board sees fit to impose in each case (2) The Board m ay a ta n y tim e vary or revoke any authorisation with or without com pensation to the dealer (3) The Board shall issue to every person authorised under this section a certificate of authority in a form approved by the Board Subject to the provisions of this Law whoever, not being - (a) the Chief M edical Officer;

(b) a m edical practitioner;

(c) the Chief A gricultural Officer ; or (d) a pharm acist im ports, dispenses or otherw ise deals in restricted pharm aceuticals is guilty of an offence W hoever being a p h arm acist dispenses any restricted p h a r m aceutical otherw ise than upon the authority of a prescription is guilty of an offence W hoever being a dealer sells or distributes any poison to any person - (a) under the age of 18; or (b) whose indentity is not well known to such dealer or to a w itness th ere p resent who is w ell known to him ; or (c) w ithout the purchaser signing the entry in the licensee’s book before delivery of the poison is guilty of an offence 14. E very dealer and other person law fully dispensing poison under this Law shall keep and accurately m aintain a Poisons Book showing (a) all stocks of poisons acquired:

(b) all stocks of poisons disposed of with the dates, am ounts and nam es and signatures of the dealer and of the person acquiring the sam e;

(c) all existing stocks; and (d) such other p articu lars as m ay be prescribed All pharm acists and others law fully dispensing restricted pharm aceuticals under this Law shall keep records showing — (a) all restricted p harm aceuticals acquired;

TIu PhxjiiDUi 1 / . I i \ / 'I (b) all restricted pharm aceuticals dispensed or otherw ise disposed of together with prescriptions or other particulars showing the per sons to whom they w ere to be adm inistered or the m eans and reasons for disposal as the case m ay b e ;

(c)such other particu lars as m ay be prescribed infoim.2i on The Boaxd shall keep the Collector of Custom s inform ed of ail tusioin- persons authorized under this Law to im port poisons or restricted pharm aceuticals and of all changes which occur in such authorization Rij-iu of All places used for the storage of poisons and restricted pharinvp.eciiun m aceuticals are to be open to insf^ction by the Chief M edical Officer at ail reasonable tim es together with all records required by this Law to be kept and m aintained and whoever ~ (a)obstructs him in carrying out an inspection;

(b) fails prom ptly to com ply with any of his directions given for the purpose of facilitating such inspection is guilty of an offence Sior.iKE anj (1) All poisons and pharm aceuticals, w hether the la tter are restricted or not, held in store or dispensed from store shall be adequately packaged and labelled and in particular - (a) all poisons shaU be clearly labelled “ POISON: NOT TO BE TAKEN IN TERN A LLY ” ; and (b) all restricted pharm aceuticals shall be clearly labelled with a description of their contents and intended use and their nam es or synonym s in the Pharm acoepia in which they are recorded with a reference to the p articu lar P h arm acoepia in each case {2} W here the Chief M edical Officer is not satisfied with the packing, storage or labelling or any poison or pharm aceutical he shall give instructions for the rectification thereof and w hoever receiving such instructions fails to com ply therew ith is guilty of an offence (3) The Chief M edical Officer m ay at any tim e require any person authorised under this Law to hold in store any poison or restr icted pharm aceutical to m ake return of stocks and dealings Regulations The Govem or m ay m ake Regulations - (a) p re s c rib in g p h a rm a c e u tic a ls , p o iso n s a n d re s tric te d pharm aceuticals;

(b) prescribing form s for use in the im plem entation of this Law;

(c) prescribing procedures for im portation and custom s clearance of poisons and pharm aceuticals;

(d) prescribing fees to be charged under section iO (1) (d); and (e) prescribing anything by this Law required to be prescribed H i I I I l - ^ l m n r u i i y ! . u w , I ' ) ! ' . ! P e n a l . avinji o f L a w 1 3 o f 1 9 7 3 a n d i h c C a y m a n i a n P r o t e c t i o n L a w ( R) Whoever - (a) m akes any declaration, statem ent or return for any purpose ol this Law in the truth oi' w'hich he does not believe (the onus of proof of his belief being upon him ); or (b) contravenes this Law or any Regulations m ade hereunder is guilty oi an offence and punishable upon sum m ary conviction with a fine not exceeding $1,000 or im prisonm ent lor a term not exceeding six m onths or both 21, Nothing in this Law derogates from any provision of the M isuse oi D rugs Law, 1973, or the C aym anian Protection Law (R evised) P assed the Legislative Assem bly this 6th day of Septem ber , 1979 T. RUSSELL P resident A LINE WOOD A cting Clerk of the Legislative A ssem bly (Price 80 cents)