kode etik apoteker di malaysia

7/28/2019 Kode Etik Apoteker Di Malaysia

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CODEOFCONDUCTFORPHARMACISTS

ANDBODIESCORPORATE

PHARMACYBOARDMALAYSIA2009


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PHARMACY BOARD MALAYSIAMINISTRY OF HEALTH MALAYSIA

LOT 36, J ALAN UNIVERSITI46350 PETALING J AYASELANGOR, MALAYSIA

CORRESPONDENCE ADDRESS:

LOCKED MAILBAG NO.924J ALAN SULTAN POST OFFICE

46790 PETALING J AYASELANGOR, MALAYSIA


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Pharmacy Board Malaysia 2009 i

CONTENTS

PART ONE : INTRODUCTION 1-3

1. Preamble 12. Use of Terms 1-23. Statement on Infamous or Disgraceful Conduct in a 3

Professional Sense and Misconduct

PART TWO : CODE OF CONDUCT 4-21ARTICLE 1 Professional Responsibility 4-15

1.1 Responsibility for Standards of Professional 4-10Practice

1.2 Professional Development and Contributions 10-11To Society

1.3 Relationship with Pharmacists and Members 12of the Allied Profession

1.4 Dispensing 12-131.5 Delegation of Duties 13-141.6 Pharmaceutical Research 14-151.7 Continuing Education 151.8 Relationship with the Pharmaceutical Industry 15

ARTICLE 2 Abuse of Professional Privileges and Skills 16-19

2.1 Abuse of Privileges Conferred by Law 16-192.2 Abuse of Privileges Conferred by Custom 19

ARTICLE 3 Conduct Derogatory to the Reputation of the 19-21Profession

3.1 Respect for Human Life 193.2 Personal Behaviour 20-213.3 Conflict of Interest 21

ARTICLE 4 Advertising, Canvassing and Related 21Professional Offences


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Pharmacy Board Malaysia 2009 ii

PART THREE: DISCIPLINARY JURISDICTION AND PROCEDURE 22-32

1. DISCIPLINARY J URISDICTION OF THE BOARD 22-26

1.1 In Respect of Registered Pharmacists 22-231.2 In Respect of a Registered Body Corporate 24-251.3 In Respect of Any Executor, Administrator or 25-26

Trustee of a Deceased RegisteredPharmacists Estate.

1.4 Definition of Misconduct, Infamous or 26

Disgraceful Conduct in a Professional Sense

2. PROCEDURE OF INQUIRY 26-31

2.1 Complaints Against a Registered Pharmacist 27and a Body Corporate

2.2 Committee of Inquiry 27-282.3 Investigation by the Committee of Inquiry 28-292.4 Summary Dismissal of Complaint or Information 292.5 Inquiry by the Board 29-312.6 Appointment and Payment of Legal Advisor 312.7 Members Who Are Disqualified From Any Meeting 31

of the Board Inquiring Into Any Disciplinary Matter

3. PUNISHMENTS 32

4. APPEAL 32

APPENDIX I 33Convictions in a Court Of Law

APPENDIX II 34-35Duties and Responsibilities of a Superintendent


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Pharmacy Board Malaysia 2009 1

CODE OF CONDUCT FOR PHARMACISTS AND BODIESCORPORATE

by

PHARMACY BOARD MALAYSIA

PART ONE: INTRODUCTION

1. PREAMBLE

In the pharmacy profession, the health and welfare ofthe public has always been and will continue to bethe foremost concern among pharmacists. For thisprinciple to be consistently placed above all otherconsiderations in the practice of pharmacy, this Codeof Conduct for Pharmacists and Bodies Corporatehas embodied the minimum standards of properconduct and professionalism for guidance ofpharmacists. These standards also serve as areference when the Board considers cases ofmisconduct in a professional sense.

2. USE OF TERMS

For the purpose of this Code of Conduct-

"Act" means the Registration of Pharmacists Act1951;

"allied profession" means any profession involved inthe provision of health care to, or treatment ofdiseases or conditions of, man or animals;


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3. STATEMENT ON INFAMOUS OR DISGRACEFULCONDUCT IN A PROFESSIONAL SENSE ANDMISCONDUCT

For the purpose of Section 17 (1) (c) of the Act, anypharmacist found guilty of any breach of the Code bythe Board after due inquiry under the Regulations,shall be deemed to be in the opinion of the Board,guilty of infamous or disgraceful conduct in aprofessional sense, and shall be liable to suchdisciplinary action by the Board as the Board deems

fit under the provisions of the Act.

Similarly, for the purpose of Section 13 (7) (b) (iii) ofthe Act, any director, or officer of or other person inthe employment of any body corporate found guiltyby the Board of any breach of the Code, shall bedeemed to be in the opinion of the Board, guilty ofmisconduct and such body corporate shall be liable

to such disciplinary action by the Board as the Boarddeems fit under the provisions of the Act.


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The Professional Standards Are:

(a) Health and Safety of Patient or Clients

(i) Pharmacists must have specialized

knowledge about medicines, healthrelated products, medicinal andcomplimentary therapies and are expectedto use this knowledge to benefit theirpatients or clients.

(ii) Pharmacists are aware of the limitations oftheir knowledge and skills and refer

patients to appropriate health careprofessionals when they are unable tomeet the needs of their patients or clients.

(iii) Pharmacists supply only prescription andnonprescription medicines and healthrelated products that are safe, effectiveand of good quality.

(b) Professional Relationship With Patient orClients

(i) Pharmacists respect the professionalrelationship with the patient or clients andact with honesty, integrity and compassion.

(ii) Pharmacists determine the patient needs,values and desired outcomes.

(iii) Pharmacists seek to involve their patientsor clients in the decisions regarding theirhealth.


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(c) Autonomy, Values and Dignity of Patient orClients

(i) Pharmacists provide their patients orclients with information that is truthful,

accurate and understandable so that thepatients or clients are able to makeinformed choices about health care.

(ii) Pharmacists are committed to each patientor client regardless of race, religion,gender, sexual orientation, age or health.

(iii) Pharmacists respect the informeddecisions of competent patients or clientswho choose to refuse treatment/servicesand live at risk.

(iv) Pharmacists respect the dignity of patientsor clients with diminished competence andseek to involve them, to an appropriateextent, in decisions regarding their health.

(v) It should be noted these provisions should

apply to any advice given with regards toany medicine, complementary therapy orother healthcare product provided by anymeans whatsoever, including the internetand other electronic media.

(d) Respect and Protect the Patients or ClientsRight of Confidentiality

(i) Pharmacists keep confidential allinformation acquired in the course ofprofessional practice.

(ii) Pharmacists may disclose prescriptioninformation for ethical reasons (e.g.scientific research) only if the informationwill not identify the patient or client.


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(iii) Confidential information is disclosed onlyin cases where the patient or client (or thepatients or clients agent) providesconsent, where the law demands or where

disclosure will protect the patient or clientsor others from harm.

(e) Respect the Rights of Patients or Clients toReceive Pharmacy Services

(i) Pharmacists who are unable to provideprescribed medicines or services to theirpatients or clients shall take reasonable

steps to ensure these medicines orservices are provided and the patients orclients care is not jeopardized.

(ii) Pharmacists who are unwilling to provideprescribed medicines or services topatients or clients because of moral orreligious reasons shall inform pharmacymanagement of their objections at the

onset of employment. Pharmacymanagement shall provide reasonableaccommodation of the pharmacists right ofconscience and develop an alternatemeans of providing the medicines orservices. The alternate means shall betimely and convenient for the patient orclient.

(iii) Pharmacists have a duty, throughcommunication and co-ordination, toensure the continuity of care of patients orclients during pharmacy relocation orclosure, job action, natural disasters orsituations where continuity of care may beproblematic.


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1.1.2 A pharmacist shall maintain the highestprofessional standard in his conduct, and in hisprofessional relations with members of his ownprofession and other allied professions.

(a) Pharmacists obey the laws, regulations,standards and policies of the profession both inletter and in spirit.

(b) Pharmacists do not condone breaches of thelaw, regulations, standards or policies bycolleagues, co-workers or owners of a pharmacyand report, without fear, such breaches.

(c) Pharmacists accept the ethical principles of theprofession and do not engage in activity that willbring discredit to the profession.

(d) Pharmacists do not abuse drugs or alcohol, donot condone the abuse of drugs or alcohol bycolleagues or co-workers and report, withoutfear, such abuse.

(e) Pharmacists do not practice under conditionswhich compromise their freedom to exerciseprofessional judgment or which cause adeterioration of the quality of their professionalservice or care.

(f) Pharmacists do not seek more than fair andreasonable remuneration for their professionalservices.

(g) Pharmacists do not enter into arrangements withprescribers that could affect the prescribersindependent professional judgments inprescribing or that could interfere with thepatients right of choice of a pharmacy.


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(h) Pharmacists do not accept inducements fromsuppliers that could reasonably be perceived asaffecting the pharmacists independentprofessional judgment.

(i) Pharmacists advertise and promote themselvesonly via methods which uphold the dignity andhonour of the profession and which are withinthe boundaries of the existing legislation.

1.1.3 Relationship with Pharmacists and membersof the allied profession.

(a) Pharmacists respect the values and abilities ofcolleagues and other health care professionals.

(b) Keeping confidentiality in mind, pharmacistsconsult with colleagues or other health careprofessionals to benefit the patient. Ifappropriate, pharmacists refer their patients toother health care professionals or agencies.

(c) Pharmacists maintain professional relationshipswith colleagues and ensure patients needs aremet when supplying colleagues with transfercopies of prescriptions, inventory, etc.

1.1.4 A Pharmacist must neither agree to practiceunder conditions which may compromise theirprofessional independence, judgment or integrity, nor

impose such conditions on other pharmacists.

(a) A pharmacist must freely exercise professionaljudgment when carrying out the duties of apharmacist and should not accept employmentin which this freedom may be compromised.


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(b) A pharmacist managing an environment inwhich other pharmacists are employed mustensure the professional autonomy of thosepharmacists is preserved.

(c) A pharmacist must avoid situations likely topresent a conflict of interest or compromise theobjectivity of their professional practice.

1.2 Professional Development and ContributionsTo Society

1.2.1 Pharmacists should continuously improvetheir levels of professional knowledge and skills bycontinually evaluating and improving theirprofessional competence.

1.2.2 Pharmacists participate in the enhancementof the profession of pharmacy.

(a) Pharmacists associate with organisations thatstrive to improve the profession of pharmacy.

(b) Pharmacists contribute to the future of theprofession by participating, willingly anddiligently, in the education of students andcandidates for registration.

(c) A pharmacist must endeavour to foster thefuture development of the profession byencouraging and mentoring students, pre-registrants and newly registered pharmacists in

their professional development. He shall be awilling, sincere as well as diligent preceptor andbe seen as a role model. He shoulddemonstrate to them that competence andcharacter are inseparable for a professional.The new graduates are expected to acquire thecharacter traits and professional values that areinherent to the profession.


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1.2.3 Pharmacists contribute to the health caresystem and to societal health needs.

(a) Pharmacists support positive changes in the

health care system by actively influencing andparticipating in health policy development,review and revision.

(b) Pharmacists support cost-effective therapies.

(c) Pharmacists support the prudent use of healthcare resources.

(d) Pharmacists participate in programs to educate

the public about health.(e) Pharmacists foster the advancement of

knowledge by supporting appropriate researchprojects, wherever possible.

(f) Pharmacists support environmental issuesrelated to pharmacy by promoting the safedisposal of drugs and related products.

(g) In the provision of consultation or professionaladvice, a pharmacist shall, with due regard tothe interest of the patient or client, strive toprovide such information that is truthful, accurateand without bias.

1.2.4 Notification of the availability of 24 hourpharmacy services may be on doorplate pertaining topracticing hours of the pharmacist or on the existing

pharmacy signboard. Registered pharmacists havingvalid licence should be available at all times and hisavailability should be within a reasonable period oftime not exceeding 30 min.

1.2.5 In the event that an emergency arises, thepharmacist may informed patients or clients bymeans of notice of his availability.


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1.3 Relationship With Other Pharmacists andMembers of The Allied Profession

1.3.1 In his practice, a pharmacist shall not by words

or deed or by inference thereof discredit or disparagethe professional integrity, or judgment, or skill ofanother pharmacist or of a member of an alliedprofession.

1.3.2 In dispensing a prescription, a pharmacistshall not attempt to secure for himself the care of thepatient whose prescription had been dispensed.

1.3.3 In conformity with his own sense ofresponsibility, a pharmacist shall refer a patient orclient to members of other allied professions when, inthe opinion of the pharmacist, the interest of thepatient or client, is better served by members of thatprofession.

1.4 Dispensing

When any doubt arises in the interpretation of aprescription accepted by a pharmacist, he shallconsult the prescriber and shall not alter theprescription unless with the approval of theprescriber or in an emergency.

The therapeutic efficacy of prescriptions shall not bediscussed with patient or others in such a manner as

to impair confidence in the prescriber.

A pharmacist who has accepted a prescription fordispensing, shall dispense the prescription exactly inaccordance with the prescribers wishes. Apharmacist must not (except with the approval of theprescriber, or in an emergency) substitute anyproduct for a specifically named product, even if the


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therapeutic effect and quality of both product areidentical.

Where there are errors in dosage or potential drug

interactions, the pharmacist must inform theprescriber immediately in a discreet manner, so asnot to alarm the patient.

1.5 Delegation of Duties

1.5.1 Employment of Unqualified or Non- registeredPersons

The employment by pharmacists or Body Corporateof any person not qualified or registered under theAct, and the permitting of such unqualified or non-registered person to perform any task, which wouldotherwise require the supervision of a pharmacist, orwhich requires the professional discretion or skill of apharmacist, is in the opinion of the Board in its naturefraudulent and dangerous. All pharmacists are

required to abstain from such fraudulent anddangerous practice.

1.5.2 Supervision and Responsibility

In the event where persons other than pharmacistsare required to perform any act which requires thesupervision of a pharmacist, the pharmacist shall beavailable for immediate consultation and in full controlof the person and the act performed.

The pharmacist shall ensure that the supporting staffto whom tasks are delegated, have the competenciesnecessary for the efficient and effective undertakingof these tasks and that all information provided topatients, other members of the public and otherhealth professionals is accurate and given in a


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manner designed to ensure that it is understood.Pharmacist shall not delegate responsibility requiringprofessional judgment except to another registeredpharmacist.

1.6 Pharmaceutical Research

In the scientific application of pharmaceuticalresearch carried out on human beings it is the duty ofthe pharmacist to uphold the sanctity of human life.

1.6.1 A pharmacist shall not be a party to anyresearch on human beings unless the research

proposal has been approved by the appropriateethics committee.

(a) each potential subject has been adequatelyinformed of the aims, methods, anticipatedbenefits and potential hazards of the study andthe discomfort it may entail;

(b) the subject has been informed that he is atliberty to abstain from participation in the studyand that he is free to withdraw his consent toparticipate at any time;

(c) the subject of his own free will, has given writtenconsent to participate in the study.

1.6.2 The pharmacist can combine scientificresearch with professional care, the objective being

the acquisition of new knowledge, only to the extendthat the research is justified by its potential value forthe patient.

1.6.3 A pharmacist shall use great caution indivulging discoveries through non-professionalchannels.


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ARTICLE 2: ABUSE OF PROFESSIONAL PRIVILEGES ANDSKILLS

2.1 Abuse of Privileges Conferred by Law

The law confers upon the pharmacist certainprivileges pertaining to the sale, supply, import,export, manufacture and generally dealing in drugs.The transactions in such drugs are subjected tostatutory control.

2.1.1 Sale of Drugs and Medical Devices

The sale or supply of medical devices and drugsincluding drugs of dependence shall only be made inthe course of bona fide treatment. No drugs shouldbe sold or supplied in order to gratify the pharmacist'sown or any other person's gratification.

A pharmacist shall not sell or supply any drug ormedical device where he has any reason to doubt its

safety, quality or its therapeutic value, and shall notcondone or assist in the dispensing promotion, ordistribution of such drugs or devices. It is unethicalfor a pharmacist to sell or supply any unregisteredproduct unless with approval.

A pharmacist shall take into due consideration theneeds and welfare of his patient or client and shall

not sell or supply drugs, medical devices or healthproducts which are unnecessary or likely to bemisused or abused or in such amounts which areexcessive.

A pharmacist who solicits patients or clients topurchase drugs, medical devices or health productscommits a discreditable act.


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2.1.2 Dangerous Drugs

All pharmacists shall abstain from abusing the

privileges conferred upon them under the DangerousDrugs Act 1952 and the Regulations madethereunder.

2.1.3 Sale of Poisons and Psychotropic Substances

It is professionally discreditable and fraught withdanger to the public when a pharmacist or body

corporate employs an unqualified person who is leftin charge of a shop selling or supplying poisons,under the cover of the qualifications of suchpharmacist or any other pharmacist employed bysuch pharmacist or body corporate. No pharmacist orbody corporate shall take part in whether by act oromission, or be a party to such discreditable anddangerous practice.

In the sale or supply of poisons, a pharmacist shalltake reasonable precautions and measures toascertain that such poisons sold or supplied are infact sold or supplied and delivered to bone fideauthorised person and for authorised purposes.

In the sale, supply or dealing with psychotropicsubstances, a pharmacist shall abstain from abusingthe privileges conferred to them under the Poisons(Psychotropics Substances) Regulations 1989. Thepharmacist shall comply with the storage and recordsof transactions pertaining to psychotropic substancesunder the regulations.


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2.1.4 Accountability

It is a privilege for a pharmacist to be a legalcustodian of poisons, psychotropic substances and

dangerous drugs. By conferring this privilege uponhim, not only is he held accountable for suchsubstances as required by law, but, from a moral andethical point of view, he is expected to exerciseprofessional accountability,

Concurrent with this, the Board is also of the opinionthat a body corporate is equally bound to exercise the

same degree of accountability as required of apharmacist. This responsibility is trusted upon a bodycorporate in return for permitting it to carry on abusiness of keeping, retailing, dispensing andcompounding of poisons, dangerous drugs andtherapeutic substances.

2.1.5 Covering

A pharmacist shall not allow any other person to usehis licence to cover any dealing in poisons,psychotropic substances or dangerous drugs. Alltransaction of poisons, psychotropic substances anddangerous drugs shall be bona fideconducted by thepharmacist or under his immediate personalsupervision as provided under the existing legislation.

2.1.6 Certificates and Documents of a KindredCharacter

Pharmacists may from time to time be called upon orrequested to give certificates and other documents ofa kindred character, signed by them in their practicefor administrative purposes.


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Pharmacists are expected to exercise the mostscrupulous care in issuing such documentsand shall not sign or give under his name andauthority any such certificate or document

which is untrue, misleading or improper.

2.2 Abuse of Privileges Conferred by Custom

A good professional practice depends upon themaintenance of trust between pharmacists and theirpatients or clients, and the understanding of bothparties that proper professional relationship be strictly

observed. The pharmacist shall exercise great careand discretion in order not to injure this crucialrelationship.

2.2.1 Abuse of Confidence

A pharmacist shall not improperly discloseinformation which he obtains in confidence from or

about a patient or client unless there is a legal needof the disclosure.

2.2.2 Undue Influence

A pharmacist may not exert improper influence upona patient to receive any monetary, return or benefit.

ARTICLE 3: CONDUCT DEROGATORY TO THEREPUTATION OF THE PROFESSION

3.1 Respect for Human Life

The utmost respect for human life should bemaintained even under threat, and no use should bemade of any professional knowledge contrary to thelaws of humanity.


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3.2 Personal Behaviour

A pharmacist is expected at all times to observeproper standards of personal behaviour and decency

not only in his Professional activities but at all timesto uphold the high public reputation of the profession.

3.2.1 Personal Misuse of Alcohol or Drugs

A pharmacist who performs any professional dutywhile in a state of intoxication by alcohol or under theinfluence of drugs commits a discreditable act. No

pharmacist shall practice in such a state. Drug abuseby a pharmacist is professionally discreditable.

3.2.2 Dishonesty.

A pharmacist shall be liable to disciplinaryproceedings if he is convicted of criminal deception,forgery, fraud, theft or of any other offence involving

dishonesty.

A pharmacist shall not sell or supply with priorknowledge any drug or medical device which isdefective or is incapable of serving the purpose it isintended for or is falsely or fraudulently labelled orpresented.

A pharmacist shall not act for improper motives. A

pharmacist's motive is considered improper if he sellsor supplies any drug or medical device purely for hisfinancial or material benefit, or if such act ismotivated by his acceptance of an improperinducement from the supplier of the drug or medicaldevice.

Fee-splitting or any form of kick back arrangementsas an inducement to refer patients or clients to other


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members of the allied profession may be regarded asunethical. A pharmacist shall not recommend aparticular member of the allied profession or amedical practice unless so requested by his patient

or client seeking medical advice.3.2.3 Indecency and Violence

Any conviction for assault or indecency is derogatoryto the dignity of the profession and thus regarded asa serious breach of conduct and will be viewed withparticular gravity if the offence is committed in thecourse of a pharmacist's professional duties oragainst his patients or colleagues.

3.3 Conflict of Interest

The pharmacist shall avoid any situation in whichthere is a conflict of interest with the patient.

ARTICLE 4: ADVERTISING CANVASSING AND RELATED

PROFESSIONAL OFFENCES

The practice by a pharmacist of advertising, whetherdirectly or indirectly, for the purpose of promoting hisown professional advantage; or for such purpose ofprocuring or sanctioning, or acquiescing in, thepublication of notices commending or directingattention to the professional skill, knowledge,services or qualifications, or depreciating those ofothers; or of being associated with such advertisingor publication, is contrary to public Interest anddiscreditable to the profession.

The Board recognises that the profession has a dutyto disseminate information about advances inpharmaceutical sciences and therapeutics provided itis done in an ethical manner.


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PART THREE: DISCIPLINARY JURISDICTION ANDPROCEDURE

1. DISCIPLINARY JURISDICTION OF THE BOARD

1.1 In Respect of Registered Pharmacists :

Board may initiate disciplinary proceedings againstany registered pharmacist under the provisions ofsubsection 17 (1) (a), (b) and (c) of the Act whichread:

If it comes to the knowledge of the Board that aregistered pharmacist-

(a) has obtained registration by a fraudulent orincorrect statement; or

(b) has been convicted of any offence (SeeAppendix I on "Convictions in a court oflaw") which, in the opinion of the Board,

renders him unfit to be on the register or ofany offence (see Appendix I on"Convictions in a court of law") under thethis Act or under any written law in force inMalaysia relating to poisons, dangerousdrugs or therapeutic substances; or

(c) has been guilty of infamous or disgracefulconduct in a professional sense."

The Board may initiate disciplinary proceedingsagainst any registered body corporate under theprovisions of subsection 13(7):

"13 (7) If-(a) a body corporate carrying on a business

which comprises the retail sale of poisons,


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dangerous drugs or therapeutic substanceshas been convicted of an offence underthis Act or under any written law relating topoisons, dangerous drugs or therapeutic

substances in force; or(b) any director or officer of or any other person

in the employment of any such body-

(i) has been convicted of an offenceunder this Act or the aforesaid writtenlaws;

(ii) has been convicted of any other

criminal offence which in the opinionof the Board renders him, or would ifhe were a registered pharmacistrender him liable to any of thepunishments under section 18A; or

(iii) has been guilty of any misconductwhich, in the opinion of the Board,renders him, or would if he were a

pharmacist render him;

the Board may inquire into the case and may, unlessthe body corporate satisfies the Board that the act oromission in question was not connived at orinstigated by their superintendent or by any of theirdirectors or managers, and that the person guiltythereof is no longer in their employment, refuse to

register such body corporate or, in the case of a bodycorporate already registered if it deems fit, imposeany of the punishments under section 18A.


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1.2 In Respect of a Registered Body Corporate

Section 13(7) of the same Act,

If

(a) a body corporate carrying on a businesswhich comprises the retail sale of poisons,dangerous drugs or therapeutic substanceshas been convicted of an offence under thisAct or under any written law relating topoisons, dangerous drugs or therapeuticsubstances in force; or

(b) any director or officer of or other person inthe employment of any such body

(i) has been convicted of an offence underthis Act or the aforesaid written laws;

(ii) has been convicted of any other

criminal offence which in the opinion ofthe Board renders him, or would if hewere a registered pharmacist renderhim, liable to any of the punishmentsunder section 18A; or

(iii) has been guilty of any misconductwhich, in the opinion of the Board,

renders him, or would if he were aregistered pharmacist render him, liableto any of the punishments undersection 18A;

the Board may inquire into the case and may,unless the body corporate satisfies the Board thatthe act or omission in question was not connived


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at or instigated by their superintendent or by any oftheir directors or managers, and that the personguilty thereof is no longer in their employment,refuse to register such body corporate or, in the

case of a body corporate already registered, if itdeems fit, impose any of the punishments undersection 18A

1.3 In Respect of Any Executor, Administratoror Trustee of A Deceased RegisteredPharmacists Estate.

Section 14(1) states that -

Subject to this section, if a registered pharmacistdies while carrying on a business which comprisesthe retail sale of poisons, dangerous drugs ortherapeutic substances, any executor, administratoror trustee of his estate who carries on the businessafter his death in accordance with the conditionshereinafter mentioned shall be entitled to use in

connection with the business such titles anddescriptions as might have been used by thedeceased registered pharmacist

However, Subsection (3) of the same sectioncautioned that

If any such executor, administrator or trustee or

any person in his employment -

(a) has been convicted of an offence under thisAct or under any written law relating to thetherapeutic substances, or dangerous drugsor poisons for the time being in force inMalaysia; or


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(b) has been convicted of any other criminaloffence, or been guilty of any misconduct,which, in the opinion of the Board, renders

him, or would if he were a registeredpharmacist render him, liable to any of thepunishments under section 18A.

the Board may inquire into the case and may,unless in the case of an act or omission by aperson in his employment, the executor,administrator or trustee satisfies the Board that theact or omission in question was not connived at orinstigated by him, direct that he shall cease to beentitled to use any title or description which mighthave been used by the deceased pharmacist

1.4. Definition Of Misconduct, Infamous OrDisgraceful Conduct In A ProfessionalSense

Disreputable behaviour, a breach of professionalresponsibility or requirement identified in the Codecould form the basis of a complaint of professionalmisconduct. The Board or its Committee of Inquiryin considering whether or not action should follow,may take into consideration the circumstances ofan individual case and do not regard themselves asbeing limited to those matters which are mentionedin the code only.

2. PROCEDURE OF INQUIRY

The Registration of Pharmacists Regulations 2004provides the following procedures pertaining todisciplinary inquiry : -


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2.1 Complaints Against A RegisteredPharmacist and A Body Corporate

In accordance with Regulation 14;

(1) any person who seeks to make a complaintagainst or submit an information of a registeredpharmacist or body corporate shall make thecomplaint or submit the information to the Secretaryof the Board, who shall then refer that complaint orinformation to the Board.

(2) Where the Board has received a complaint orinformation under subregulation (1) and it issatisfied that there may be sufficient grounds forthe complaint or information, it shall appoint aCommittee of Inquiry to investigate the complaint orinformation.

2.2 Committee of Inquiry


(1) Every Committee of Inquiry shall comprise offive fully registered pharmacists and each of themhaving a valid annual certificate.

(2) The Board may at any time revoke theappointment of any member of any Committee ofInquiry or may remove any member of anyCommittee of Inquiry or fill any vacancy in anyCommittee of Inquiry.

(3) The Board shall nominate a member of aCommittee of Inquiry to be the Chairman of theCommittee of Inquiry.

(4) The quorum of a Committee of Inquiry shall bethree.


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(5) The Chairman shall preside at all meetings ofthe Committee of Inquiry.

(6) The decision of a Committee of Inquiry shall beby a majority.

2.3 Investigation By The Committee Of Inquiry

In Accordance with Regulation 16;

(1) Prior to the commencement of the investigationsby the Committee of Inquiry, the Secretary of theBoard shall forward a notice by registered post tothe registered pharmacist or body corporate at his

or its last known address, which shall

(a) state the complaint against or information ofthe registered pharmacist or body corporate;

(b) require the registered pharmacist or bodycorporate to provide a written explanationregarding the complaint or information to theCommittee of Inquiry within such period as

specified in the notice, but such period shallnot be less than fourteen days from the dateof the notice; and

(c) request the registered pharmacist or bodycorporate to attend and give evidence beforethe Committee of Inquiry, where required todo so.

(2) the Committee of Inquiry shall, after the periodas specified in paragraph (1)(b), commence theinvestigation of the complaint or information andshall give the registered pharmacist or bodycorporate reasonable opportunity to be heard, anddue consideration shall be given to any explanationthat may be given by the registered pharmacist orbody corporate.


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(3) the Committee of Inquiry shall upon completionof its investigation of the complaint or information,submit a report together with its recommendation tothe Board for its consideration.

2.4 Summary Dismissal Of Complaint OrInformation


The Committee of Inquiry to which such complaintor information has been forwarded, mayrecommend to the Board to summarily dismiss any

complaint or information if the Committee of Inquiryis satisfied

(a) that the name and address of thecomplainant or informant is unknown oruntraceable;

(b) that even if the facts were true, the facts donot constitute a matter provided undersubsection 13(7) or 17(1) of the Act; or

(c) for reasons which must be recorded, thatthere is reason to doubt the truth of thecomplaint or information.

2.5 Inquiry By The Board


(1) Upon receipt of a report from the Committee ofInquiry and on its recommendation, the Boardshall, where it is satisfied that there are grounds forthe complaint or information against the registeredpharmacist or body corporate


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(a) cause a charge containing the facts of thecomplaint or information alleged to havebeen committed by the registeredpharmacist or body corporate to be

forwarded by registered post to him or it athis or its last known address;

(b) request the registered pharmacist or bodycorporate to attend the inquiry to beconvened by the Board in pursuant ofsubsection 13(7) or 17(1) of the Act; and

(c) inform the registered pharmacist or bodycorporate that an opportunity to be heardmay be given to him or it, where

(i) in the case of the body corporate, it maybe heard by a representative appointedin writing or by counsel;

(ii) in the case of any director, officer or

other person in the employment of thebody corporate, he may be heard eitherpersonally or by counsel; or

(iii) in the case of a registered pharmacist,he may be heard either personally or bycounsel.

(2) Where the registered pharmacist or bodycorporate, without reasonable excuse, fails toattend the inquiry convened by the Board, theBoard may proceed to hear the casenotwithstanding the absence of registeredpharmacist or body corporate, if the Board issatisfied that provisions; of subregulation (1) havebeen complied with.


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(3) The Board may regulate its own procedure insuch a manner as it deems fit.

2.6 Appointment and Payment of Legal Advisor


(1) The Board or Committee of Inquiry may appointa legal adviser to assist the Board or Committee ofInquiry during any inquiry.

(2) The Board or Committee of Inquiry may appointany person who is and has been advocate and

solicitor for a period of not less than five years toadvise it on

(a) all questions of law ensuing in thecourse of the inquiry; and

(b) the meaning and construction of alldocuments produced during the

inquiry.

(3) The legal adviser is entitled to be paid such feesas are from time to time fixed by the Board.

2.7 Members Who Are Disqualified From AnyMeeting Of The Board Inquiring Into AnyDisciplinary Matter

In accordance with Regulation 20;No member of the Board or Committee of Inquiryshall attend or participate in any meeting of theBoard or Committee of Inquiry inquiring into anydisciplinary matter if

(a) he is the complainant; or

(b) he is personally acquainted with anyrelevant fact.


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3. PUNISHMENTS

In accordance with Section 18(A) of the Act,

Subsection (1), the Board may, at conclusion of an

inquiry under section 13(7) or section 17(1), imposeany of the following punishments;

(a) order the name of the registered pharmacistor body corporate to be removed from theregister;

(b) order the name of the registered pharmacistor body corporate to be suspended from theregister for such period as it may think fit; or

(c) order the registered pharmacist or bodycorporate to be reprimanded.

Subsection (2) the Board may also, at conclusion ofthe inquiry mentioned in subsection (1)-

(a) order the registered pharmacist or bodycorporate to pay costs to the Board orcomplainant where an order under any of

the paragraphs in subsection (1) is made;(b) order the complainant to pay costs to the

registered pharmacist or body corporatewhere no case has been made out againstthe registered pharmacist or bodycorporate,

and such cost may be recovered as a civil debt.

4. APPEALIn accordance with Section 19 of the said Act, anyperson or body corporate aggrieved by anypunishments imposed by the Board under Section18A, or by any refusal or failure to enter his or itsname in the register, or by any refusal to issue tohim or to it an annual certificate, may appeal to theMinister whose decision shall be final.


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APPENDIX I

CONVICTIONS IN A COURT OF LAW

In considering convictions the Board is bound toaccept the determination of any court of law asconclusive evidence that the person was guilty of theoffence of which he was convicted. Persons who facea charge should be mindful of this before they choose

to plead guilty to the charge, or renounce appealagainst conviction merely to avoid publicity or aheavier sentence. It is not open to a person who hadbeen convicted of an offence to plead before theBoard that he was in fact innocent. It is thereforeunwise for a person to plead guilty in a court of law toa charge to which he believes that he has a defence.


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APPENDIX II

DUTIES AND RESPONSIBILITIES OF A SUPERINTENDENT

The provisions of Section 13 of the Act requires thebusiness of a body corporate pertaining to thekeeping, retailing, dispensing and compounding ofpoisons, dangerous drugs or therapeutic substances,to be under the control and management of asuperintendent who is a registered pharmacist. It islegitimate to conclude that this statutory requirementexists to preserve the sanctity of professionalism in aretail pharmacy and to assure a reasonable standard

of pharmaceutical services in such business.It is therefore necessary to determine, and for theparties involved to know, the scope of jurisdiction asuperintendent has in the running of a retail business.After deliberation on the various aspects of the retailbusiness, the Board is of the opinion that thesuperintendent has sole authority over the followingmatters:

(1) The nature, quality and adequacy of amount ofgoods and services of all kinds reasonably necessaryto enable an adequate pharmaceutical service to beprovided, and choice of the supplier of such goodsand services.

(2) In relation to the pharmaceutical service

(a) the control of staff and the allocation of duties

to individual members;

(b) the observance of all legal and professionalrequirements including the ordering, purchase,sale, supply, import, export, storage, labelling,manufacturing, mixing, compounding anddispensing of dangerous drugs, poisons andtherapeutic substances;


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(c) the condition of the pharmacy.

(3) The settlement of all questions concerning the

nature and extent of the pharmaceutical service orwhich involve in any way pharmaceutical knowledgeor professional conduct.

The term pharmaceutical service means thefurnishing of poisons, dangerous drugs, therapeuticsubstances and related diagnostic, medical andsurgical products and appliances, whether on

prescription or otherwise, and information and adviceconnected therewith.