| 99. |
Requirements and conditions for the keeping and maintenance of registers |
For purposes of registration of pharmacies in terms of the Act, there shall be the following categories of pharmacies:
| (1) |
manufacturing pharmacy; |
| (3) |
institutional pharmacy; |
| (4) |
community pharmacy; and |
which shall be registered by council in registers kept for this purpose.
| 100. |
Any person or pharmacy registered or required to be registered in terms of the Act or these regulations, must furnish the registrar with: |
| (1) |
a postal address within the Republic which shall be deemed to be the registered address for all purposes in terms of the Act or these regulations; |
| (2) |
a physical address being the main place of business of such person, company, close corporation or pharmacy; |
| (3) |
a telefax address; and |
| (4) |
an electronic mail address, if available. |
| 101. |
A person registered in terms of the Act may at any time change the addresses registered in terms of regulation 100 by giving written notice to the registrar at the postal or telefax address of the registrar as published in official stationary of the council from time to time, of the change of one or more or all of such addresses; provided that the new addresses must include a postal, physical, telefax, and, if available, an electronic mail address, in the Republic. |
| 102. |
Any notice to be given in terms these regulations: |
| (1) |
must be in writing and addressed to and may be sent by registered mail to the registered address, or may be delivered by hand to the physical address, or may be sent by telefax to the telefax address, or may be forwarded by electronic mail to the relevant address, recorded by the registrar in terms of regulation 100; and |
| (2) |
shall be deemed to have been properly given and to have been received and to have come to the notice of the addressee: |
| (a) |
within ten (10) days after the day on which the notice or document was sent by pre-paid registered post, if posted; |
| (b) |
within one (1) day after the date and at the time (if any) which appears on the acknowledgement of receipt of the notice or document, if delivered by hand; |
| (c) |
within three (3) days after the date appearing on the telefax control sheet of the sender, if sent by telefax; |
| (d) |
within three (3) days after the date appearing on the electronic mail message, if sent by electronic mail. |
| 103. |
A certificate issued by the registrar will be deemed to be prima facie proof until the contrary has been proved by any person challenging receipt of any notice or document— |
| (1) |
that notice was given or that the document was sent or delivered; |
| (2) |
of the date upon which such notice was given, or document was sent or delivered; and |
| (3) |
of the date upon which the notice or document is deemed to have been received and to have come to the notice of the addressee. |
104. Keeping of registers
The registrar must in accordance with the provisions of the Act keep the following registers:
| (1) |
a register of pharmacy students, in which must be entered the name of every person registered with a provider of a qualification in pharmacy and who has complied with the requirements prescribed for registration as a pharmacy student, as well as his or her registration number, date of registration and the name of the provider with which he or she is registered and such other information as may be determined by the registrar; |
| (2) |
a register of pharmacist interns, in which must be entered the name, address and qualifications of every person who has entered into a contract of internship referred to in regulation 9, registration number and such other information as may be determined by the registrar; |
| (3) |
a register of pharmacists, in which must be entered the name, address, qualifications, date of initial registration, registration number and such other information as may be determined by the registrar; |
| (4) |
a register of specialist pharmacists, in which must be entered the name, address, qualifications, date on which such qualification was obtained and the date of initial registration and such other information as may be determined by the registrar; |
| (5) |
a register of pharmacists’ assistants in which must be entered the name, address, registration number, date of registration, category of persons entitled in terms of this Act to be registered as a pharmacist assistant and such other information as may be determined by the registrar; |
| (6) |
a register of companies entitled to carry on the business of a pharmacist in which must be entered the name, registration number, address, name of managing director and nominee and such other information as may be determined by the registrar; |
| (7) |
a register of close corporations entitled to carry on the business of a pharmacist in which must be entered the name, registration number, address, name of manager and nominee and such other information as may be determined by the registrar; |
| (8) |
a register of providers in which shall be entered the name, address, registration number, date of registration and such other information as may be determined by the registrar; |
| (9) |
a register of assessors in which shall be entered the name, address, registration number, date of registration and such other information as may be determined by the registrar; |
| (10) |
a register of pharmacy owners in which shall be entered the name, address, registration number and date of registration and, if applicable, the name of the managing director, manager and the nominee and such other information as may be determined by the registrar; |
| (11) |
a register of pharmacies in which shall be entered the: |
| (a) |
name and address of the pharmacy; |
| (b) |
name and address of the pharmacy owner; |
| (c) |
name of the responsible pharmacist; |
| (d) |
name of the managing director or manager, as the case may be; |
| (e) |
name of the nominee, if applicable; |
| (f) |
category in which such pharmacy is registered; and |
| (g) |
such other information as may be determined by the registrar; and |
| (12) |
such other registers as may be determined by council. |
| 105. |
Maintenance of registers |
| (1) |
No qualification in pharmacy, certificate of qualification, diploma, certificate or registration or any other information must be entered in a register unless the registrar is satisfied that the person claiming to possess such degree, diploma or certificate is entitled thereto or such information is correct; |
| (2) |
Any entry into the register which is proved to the satisfaction of the council to have been made in error or through misrepresentation or in circumstances not authorised by this Act, may be removed from the register; and |
| (3) |
A person in respect of whose entry a removal as contemplated in subregulation (2) has been made, must be notified thereof and any certificate issued in respect of the registration in question shall be deemed to be cancelled as from the date on which notice has so been given. |
| 106. |
Every person registered in terms of these regulations must renew such registration annually by paying the annual fee(s) as determined by council. |
| 107. |
The pharmacy owner or the nominee or managing director of a company, or manager or nominee of a close corporation who is entitled to carry on the business of a pharmacist, as the case may be, must, within 30 days: |
| (1) |
after the forwarding by the registrar of a written inquiry by registered mail requesting information relating to the ownership or any direct or indirect beneficial interest in a pharmacy, furnish the registrar with such information and acceptable documentary evidence in support thereof; |
| (2) |
after the occurrence of any of the following notify the registrar in writing of: |
| (a) |
the closure of a pharmacy; |
| (b) |
a change of beneficial interest in shares or members’ interest for which purpose a change in the effective control of a company, close corporation shall be deemed to be a change in ownership; |
| (i) |
the shareholders or directors of a company entitled to carry on the business of a pharmacist; |
| (ii) |
the members of a close corporation entitled to carry on the business of a pharmacist; |
| (d) |
a change of premises of a pharmacy; |
| (e) |
a change of the responsible pharmacist or managing director or manager or nominee; |
| (f) |
the managing director or manager ceasing to in fact manage the professional aspects of the pharmacy business; or |
| (g) |
a change in his or her or its physical or postal address; or |
| (3) |
of the forwarding by the registrar of a written enquiry by registered mail requesting information which is reasonably necessary or which may be regarded as reasonably necessary for the performance or exercising of the functions or powers of the council or the registrar in terms of the Act, answer such enquiry in writing and furnish the registrar with all the necessary documentary and other proof in support of the furnished information. |
| 108. |
The pharmacy owner or the nominee or managing director of a company, or manager or nominee of a close corporation, as the case may be, who is entitled to carry on the business of a pharmacist must within seven days of the date of the designation of a new managing director or manager or nominee— |
| (1) |
submit to the registrar: |
| (a) |
a duly completed application for the registration of the new nominee or managing director or manager, as the case may be, on a form as approved and provided by the council; |
| (b) |
a copy of the letter: |
| (i) |
addressed to the person who is to be registered as the nominee or the manager or the managing director, as the case may be; |
| (ii) |
from the person so appointed accepting the appointment as nominee or managing director or manager, as the case may be; and |
| (2) |
pay the registration fee as determined by council. |
| 109. |
The managing director of a company or the manager of a close corporation who is entitled to carry on the business of, or who owns a retail pharmacy must on or before the thirty first day of January of each year furnish the registrar with schedules, certified as correct by auditors or the accounting officer of such company or close corporation, of the directors and shareholders or members, as the case may be, of such company or close corporation. |
| 110. |
Every natural person registered in terms of the Act who changes his or her name or address must in writing notify the registrar thereof within thirty days after such change. |
111. Transitional arrangements
The managing director of a company or the manager of a close corporation entitled to carry on the business of a pharmacist and who is registered as such with council at the commencement of these regulations, shall be deemed to be the managing director and nominee of such company or manager and nominee of such close corporation, as the case may be.
| 112. |
The manager of a pharmacy who is registered in terms of the Act at the commencement of these regulations shall be deemed to be the responsible pharmacist of such pharmacy. |
Repeal
The regulations or rules published under Government Notice No. R. 348 of 21 February 1975; Government Notice No. R. 1477 of 1 August 1975; Government Notice No. R. 1489 of 1 August 1975; Government Notice No. R. 826 of 25 April 1980; Government Notice No. R. 720 of 8 April 1983; Government Notice No. R. 348 of 2 March 1984; and Board Notice 79 of 18 December 1987 are hereby repealed.
Consumer Affairs (Unfair Business Practices) Act, 1988 (Act No.
