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Pharmacy Act, 1974 (Act No. 53 of 1974)

Board Notices

Rules Relating to Good Pharmacy Practice, 2008

1.7 Advertising

 

Principle: A pharmacist should, in the public interest, provide information about available services in or from a pharmacy complying with good pharmacy practice standards and duly recorded in terms of the Pharmacy Act. Publicity must not claim or imply any superiority over the service provided by other pharmacists or pharmacies, must be dignified and must not bring the profession into disrepute.

 

In adhering to this principle the following should be taken into consideration:

 

1.7.1        General guidelines

 

(a) A pharmacist may make available information about himself/herself or his/her practice, which is intended or may reasonably be regarded as being necessary for the information of the public.
(b) The distribution and content of publicity for professional services should be dignified and restrained. This approach will impress upon the public that medicines are not normal commodities of trade and that a pharmacist, in addition to supplying medicines, provides skilled and informed advice and counselling on pharmaceutical matters and health care.
(c) Publicity covers all forms of announcements or information addressed to the general public or health care professionals concerning the goods and services offered by pharmacists or pharmacies.
(d) All forms of communication are covered and include, for example, editorial and advertisements in print, electronic, radio and television media, as well as leaflets, flyers, notices, signs, packaging material, labels, public address systems and electronic mail.
(e) It is advisable to separate publicity for professional services from all other publicity.
(f) Pharmacists may make known to the general public and erect remote direction signs indicating—
(i) the location of the pharmacy;
(ii) the trading title;
(iii) the address of the pharmacy;
(iv) telephone numbers;
(v) emergency services provided; and
(vi) the business hours of the pharmacy.
(g) Pharmacists may not advertise outside the pharmacy by way of flashing lights and/or moving signs.
(h) Medicines may only be advertised in or outside a pharmacy in accordance with regulation 45 of the general regulations published in terms of the Medicines Act (GN R7636 of 10 April 2003).
(i) The advertising or promotion of medicines via the Internet must comply with regulation 45 of the general regulations published in terms of the Medicines Act and the rules relating to good pharmacy practice.
(j) A pharmacist may make known the names of medical schemes with which he/she has contracted and/or to whose members he/she is prepared to provide pharmaceutical services.
(k) Publicity must not abuse the trust or exploit the lack of knowledge of a consumer/patient.
(l) The responsible pharmacist must be responsible for the form and content of any publicity whether placed by the responsible pharmacist personally, or by another staff member or organisation on behalf of the pharmacy, and for any other publicity which the responsible pharmacist expressly authorises. Where the responsible pharmacist becomes aware of any impropriety in any publicity appearing on his/her behalf, he/she must forthwith use his/her best endeavours to have the publicity rectified or withdrawn.

 

1.7.2        Publicity for services

 

(a) Without limiting its generality 'touting or attempting to tout for prescriptions or business with regard to the sale of medicine' will include the following—
(i) any unsolicited approach directly to a member of the public by way of a telephone call, electronic means, or a visit made without prior appointment;
(ii) any inducement by way of a gift, reward, rebate or participation in a competition in relation to professional services;
(iii) any publicity stating the specific charges for specific kinds of services to be undertaken by the pharmacy. However, the basis on which services rendered will be charged for may be publicised.
(b) Publicity should not contain matters other than—
(i) the name, address, telephone number and trading hours of the pharmacy and other branches;
(ii) arrangements made for emergency services;
(iii) the titles 'chemist' and 'pharmacy' used in relation to the provision of professional services. Unnecessary repetition of these words, and personal titles, such as pharmacist and chemist, should be avoided;
(iv) a pharmacist's name and qualifications;
(v) the location of the pharmacy with a map together with transport details and parking facilities.
(c) The services which may be provided in the various categories of pharmacies in terms of Chapter VI of the Regulations relating to the practice of pharmacy (GN R1158 of 20 November 2000), may be made known.
(d) Information provided on services should be presented so as to allow the recipient to make a decision, without being subjected to pressure. No attempt should be made to solicit custom or to seek to influence the patient's choice.
(e) Discreet information relating to services may be supplied to, and displayed in a doctor's surgery, health care centre or local health care clinic. A pharmacist should not seek or agree to an arrangement giving exclusive rights for the display of such advertisements.

 

1.7.3        Newspaper features

 

Newspaper features are deemed advertisements and particular care should be taken with them. Features usually comprise editorial comment together with a collection of individual advertisements by interested parties, particularly contractors involved in the refit of a pharmacy or suppliers of goods to a pharmacy. In such features, restraint should be exercised.

 

1.7.4        Directories

 

When advertising in telephone and other local directories, bold type or super bold type is acceptable, as are display and semi-display advertisements, which do not conflict with other principles.

 

Reference to the provisions of the following act, rule or regulation applying to pharmacists can be made, but it is not an exhaustive list with regard to the above:

Regulations related to the Practice of Pharmacy as published in terms of the Pharmacy Act 53 of 1974