THE PHARMACY LAW, 1979 (Law 23 of 1979)

CAYMAN ISLANDS Supplement No 1 published with Gazette No 21 of 1979 THE PHARMACY LAW, 1979 (Law 23 of 1979) Date of operation: Notice of Don-disaliowance published in Gazette of 1979 ‘ lh( 1‘liijniiai y ! UW’ l'/7'J CAYMAN ISLANDS THE PHARMACY LAW. 1979 ARRANGEMENT OF SECTIONS Section 1. Short title 2 Interpretation 3 Establishment of the Pharmacy Board 4 Composition of the Board 5 Meetings and proceedings of the Boar d 6 Pecuniary interest of members to be disclosed 7 Remuneration of members 8 Acts, etc of the Board not be invalidated by reason of vacancies 9 Restriction of dealing with poisons 10 Dealers 11 Import, etc of restricted pharmaceuticals 12 Dispensing restricted pharmaceuticals 13 Recipients of poisons to be identified 14 Poisons Book 15 Records of restricted pharmaceuticals 16 Information to Customs 17 Right of inspection 18 Storage and labelling 19 Regulations 20 Penal 21 Saving of Law 13 of 1973 and the Caymanian Protection Law (Revised) ThiP/ijtiniii \ l.uw 197'.) •’ CAYMAN ISLANDS Law 23 of 1979 I assent T. RUSSELL Governor 2nd October, 1979 A LAW to control dealings in poisonous substances and in phar­ maceutical products having potential danger to health if misapplied and for connected purposes ENACTED by the Legislature of the Cayman Islands. Short title 1 This Law may be cited as the Pharmacy Law. 1979 Interpretation 2 In this Law, unless the context Otherwise requires - “Board” means the Pharmacy Board established under section 3; “Chairman” means the Chairman of the Board designated under section 4; “Chief Agricultural Officer” means the person for the time being holding or acting in, the post of Chief Agricultural Officer or anyone working under his direction; “Chief Medical Officer” means the person for the time being holding or acting in the post of Chief Medical Officer or anyone working under his direction; “dealer” means a person authorized by the Board under section 10 to deal in poisons; “Governor” means the Governor in Council; / llii 1‘hutmui y I uw. J‘J7') “medical practitioner” means a person licensed under the Health L.!w ] ‘J of 1 'J74 Practitioners’ Law, 1974, to practice medicine or dentistry; “pharmaceutical” means a prescribed pharmaceutical product or class of pharmaceutical products; “pharmacist” means a person licensed under the Health L.IW 1'J of 1974 Practitioners’ Lav.', 1974, to practise pharmacy and includes anyone acting under his direct supervision; “poison” means a prescribed poisoi7ous substance or class of poisonous substances; “prescribed” means prescribed by this Law or any regulation made under it; “prescription” means an order or authorization issued and signed by a medical parctitioner or veterinary surgeon to supply, administer or consume a pharmaceutical; “restricted pharmaceutical” means a pharmaceutical prescribed as such which may not be dispensed or administered except under prescription and ail drugs scheduled in the Misuse Law 1 3 of 1973 of Drugs Law, 1973; “veterinary surgeon” has the meaning ascribed to it by the Veterinary Law. 1978 Lav/ 5 of 197K 3 There is hereby established a public authority called the Phar­ Eslahlishmenl of lliC macy Board which, subject to the provisions of this Lawc shall exercise (Ml armacy the powers conferred, and discharge the duties imposed, on it by this Board Law 4.. (1) The Board shall consist of - CcimpusiEiun of ilic Board (a) the Chief Medical Officer, vdio shall be Chairman; and (b) three other members 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 at the pleasure of the Governor. (2} A member may resign his office by gi\dng written notice to the Governor (3) A. member appointed under subsection (1) (b) who ceases to be a member shall be eligible for re-appointment (4) The names of the members of the Board as first constituted and particulars of every change in the membersliip thereof shall be published in the Gazette (5) n at any time a member 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 may appoint T/n'Phuimui\ low 197') ^ another person to act as a member during the incapacity of the sub­ stantive member and any person so appointed shall while so acting be deemed to be a member Meeliiigi and 5, (1) The Board shall m.eet at such times and places as the proceedings Chairman may decide of Ihe Board (2) The quorum at any meeting of the Board shall be three members present (3) At ail meetings of the Boai'd the Chairman, or, in his absence, such other member as the members present select, shall preside (4) Ail questions coming or arising before a meeting of the Board shall be decided by a ma.iority of the members present and voting thereon at the meeting, save that 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 Board may regulate its own procedure 6 If a member has a pecuniary interest, direct or indirect, in any Pecuniary inlcrest of contract or other matter and is present at a meeting of the Board at mcjiibcrs to which the contract or other matter is the subject of consideration, he be disclosed shall at the meeting, as soon as practicable after the commencement thereof, disclose the fact, which shall be recorded m the minutes of the meeting and thereupon such member may take part in the con­ sideration or discussion of the contract or other matter, but shall not vote or otherwise take part in the decision thereon of the Board Kemunetaiioii 7 A member, not being a public officer, may be paid and receive of niembcts from public funds such allowances for travelling arid subsistence as may from time to time be payable to persons serving upon public bodies Acts, etc of the 8 No act or proceeding of the Board shall be invalidated in con­ Boa! d not sequence of there being a vacancy in the number of members of the to be invalidated Board at the time of such act or proceeding by reason of vacaiicies Rest! iciion 9 Whoever not being - of dealing (a) the Chief Medical Officer; W'ilh poisons (b) a medical practitioner; ic) a pharmacist; (d) a veterinary' surgeon; {ej a dealer; or (f) the Chief Agricultural Officer imports or deals in any poison is guilty of an offence Dealei: 10 (1) The Board mav authorise any person v/ho - (a) makes application in the prescribed manner ; (b) is over the age of 18 years; Ihi l^liuiniut V I u\. / ')7'> (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 limitations, restrictions and conditions as the Board sees fit to impose in each case (2) The Board may atany time vary or revoke any authorisation with or without compensation 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 Impriff, etc 11 Subject to the provisions of this Law whoever, not being - <jf rcilricied (a) the Chief Medical Officer; plidrmiitcu • (b) a medical practitioner; licali (c) the Chief Agricultural Officer ; or (d) a pharmacist imports, dispenses or otherwise deals in restricted pharmaceuticals is guilty of an offence Dispcnsinii 12 Whoever being a pharmacist dispenses any restricted phar­ rcscricied maceutical otherwise than upon the authority of a prescription is pharmaceu guilty of an offence ticals Rccipienfs 13 Whoever being a dealer sells or distributes any poison to any of poisons person - to be (a) under the age of 18; or idennfied (b) whose indentity is not well known to such dealer or to a witness there present who is well known to him; or (c) without the purchaser signing the entry in the licensee’s book before delivery of the poison is guilty of an offence C Poisons Book 14. Every dealer and other person lawfully dispensing poison under this Law shall keep and accurately maintain a Poisons Book showing (a) all stocks of poisons acquired: (b) all stocks of poisons disposed of with the dates, amounts and names and signatures of the dealer and of the person acquiring the same; (c) all existing stocks; and (d) such other particulars as may be prescribed 15 All pharmacists and others lawfully dispensing restricted Records of resfricted pharmaceuticals under this Law shall keep records showing — pliarmaceu (a) all restricted pharmaceuticals acquired; licals TIu PhxjiiDUi 1 /.I i\ / 'I (b) all restricted pharmaceuticals dispensed or otherwise disposed of together with prescriptions or other particulars showing the per sons to whom they were to be administered or the means and reasons for disposal as the case may be; (c)such other particulars as may be prescribed infoim.2i on 16 The Boaxd shall keep the Collector of Customs informed of ail tusioin- persons authorized under this Law to import poisons or restricted pharmaceuticals and of all changes which occur in such authorization Rij-iu of 17 All places used for the storage of poisons and restricted phar- invp.eciiun maceuticals are to be open to insf^ction by the Chief Medical Officer at ail reasonable times together with all records required by this Law to be kept and maintained and whoever ~ (a)obstructs him in carrying out an inspection; (b) fails promptly to comply with any of his directions given for the purpose of facilitating such inspection is guilty of an offence Sior.iKE anj 18 (1) All poisons and pharmaceuticals, whether the latter 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 INTERNALLY”; and (b) all restricted pharmaceuticals shall be clearly labelled with a description of their contents and intended use and their names or synonyms in the Pharmacoepia in which they are recorded with a reference to the particular Pharmacoepia in each case {2} Where the Chief Medical Officer is not satisfied with the packing, storage or labelling or any poison or pharmaceutical he shall give instructions for the rectification thereof and whoever receiving such instructions fails to comply therewith is guilty of an offence (3) The Chief Medical Officer may at any time require any person authorised under this Law to hold in store any poison or restr icted pharmaceutical to make return of stocks and dealings Regulations 19 The Govemor may make Regulations - (a) prescribing pharmaceuticals, poisons and restricted pharmaceuticals; (b) prescribing forms for use in the implementation of this Law; (c) prescribing procedures for importation and customs clearance of poisons and pharmaceuticals; (d) prescribing fees to be charged under section iO (1) (d); and (e) prescribing anything by this Law required to be prescribed H iIII l-^lmnruiiy !.uw, I')!'.! Penal 20 Whoever - (a) makes any declaration, statement 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 made hereunder is guilty oi an offence and punishable upon summary conviction with a fine not exceeding $1,000 or imprisonment lor a term not exceeding six months or both .avinji of 21, Nothing in this Law derogates from any provision of the Misuse oi Law 1 3 of Drugs Law, 1973, or the Caymanian Protection Law (Revised) 1973 and ihc Caymanian Protection Passed the Legislative Assembly this 6th day of September , 1979 Law (R) T. RUSSELL President ALINE WOOD Acting Clerk of the Legislative Assembly (Price 80 cents)