Maintenance Act, 1998
R 385
Pharmacy Act, 1974 (Act No. 53 of 1974)Chapter IV : Conduct of Pharmaceutical Practice38. Restriction in, or suspension from, practice of registered person |
| (a) | has become mentally or physically disabled to such an extent that it would be detrimental to the public interest to allow him to continue to practise; |
| (b) | has become unfit to purchase, acquire, keep, use, order, supply or possess any scheduled substance; |
| (c) | has been using a scheduled substance regularly for other than medicinal purposes as defined in section 1 of the Medicines and Related Substances Control Act, 1965; or |
| (d) | has become addicted to the use of any scheduled substance, the council shall cause the matter to be investigated and the council may, if it deems it necessary, hold an inquiry mutatis mutandis in accordance with the provisions of section 40 and the regulations made under section 49 (1) (o), in respect of such person. |
| (2) | If the council, after holding an inquiry in terms of subsection (1), finds that any of the circumstances contemplated in paragraph (a), (b), (c) or (d) of that subsection exists in respect of the person concerned, it may, by order— |
| (a) | in the case of a person in respect of whom the circumstances contemplated in paragraph (a) of subsection (1) exist— |
| (i) | suspend such person for a specified period from practising his profession or performing any act specially pertaining to his profession; or |
| (ii) | impose such conditions as it may deem fit subject to which such person shall be entitled to continue practising his profession; or |
| (b) | in the case of a person in respect of whom any of the circumstances contemplated in paragraph (b), (c) or (d) of subsection (1) exists- |
| (i) | impose upon such person any of the penalties referred to in section 45 (1); |
| (ii) | prohibit such person for a specified period from purchasing, acquiring, keeping, using, dispensing, ordering, supplying or possessing any scheduled substance; or |
| (iii) | impose for a specified period such conditions as it may deem fit subject to which such person shall be entitled to purchase, acquire, keep, use, dispense, order, supply or possess any scheduled substance. |
| (3) | The council may extend for any period determined by it the period of operation of, withdraw, or in any other manner amend, any order made by it under subsection (2). |
| (4) | The provisions of section 47 shall apply in respect of any person who has been suspended by virtue of any provision of subsection (2). |
| (5) | Any person registered under this Act who contravenes or fails to comply with any order made under subsection (2) shall be guilty of an offence. |
