Pharmacists Disciplinary Rules

The Board shall consider every written complaint against a pharmacist.

The complaint may be a report —

Where a pharmacist is alleged to have committed an offence, the report may be submitted to the Board by the Registrar of the Supreme Court or the Subordinate Courts or an Inspector of the Ministry of Health.

Where a pharmacist is convicted of an offence referred to in section 14 (1) (a) or (b) of the Act, the Board shall consider the record of the proceedings of the court.

The Board may, if it is of the opinion that the name of the pharmacist should be removed from the register, remove his name from the register after he has been given a reasonable opportunity of being heard.

On receipt of a complaint against a pharmacist, the Registrar shall send the pharmacist a copy thereof and a copy of any statutory declaration furnished under rule 5.

The pharmacist shall be asked to give any explanation that he may wish to give to the Board.

Where a pharmacist is alleged to have been guilty of an improper act or conduct, the Board shall not proceed further under these Rules unless there has been furnished to its satisfaction a statutory declaration made by the complainant.

The statutory declaration shall state —

The Board may, in its discretion, waive the statutory declaration if the allegation is made by a public officer or the Board’s solicitor.

Where the Board, after considering the complaint and any statutory declaration furnished under rule 5 and any explanation given under rule 4(2), decides that —

Before the Board directs that a name be removed from the register under paragraph (1)(c), the Board shall give the pharmacist a reasonable opportunity of being heard.

Where the Board directs that an inquiry be held, the Board’s representative shall serve on the pharmacist under inquiry a notice specifying —

An inquiry shall, except with the agreement of the pharmacist, be held not earlier than 28 days after the date of the notice.

The notice shall be in such form as the Board thinks fit.

The notice shall be sent to the pharmacist by registered post addressed to him at his last known address.

Where there is a complainant, a copy of the complaint shall also be sent to him.

The pharmacist under inquiry or the Board’s representative may apply for a postponement of the inquiry.

The Board may, in its discretion, postpone the inquiry to such later date as it may determine.

The Board’s representative shall, at the request of the pharmacist under inquiry, send to him a copy of every document relating to the matter under inquiry which is in the possession of the Board.

Nothing in paragraph (1) shall compel the Board’s representative to produce copies of any correspondence between the Board and him.

An inquiry by the Board under these Rules shall be held in private.

The Board may, in its discretion, publish a report of its findings at the end of the hearing.

The Board may require the Board’s representative or the pharmacist under inquiry to produce such documents relating to the matter under inquiry and in his possession as the Board thinks fit.

A person attending the inquiry shall give evidence under oath or affirmation.

If the pharmacist does not appear, the Board may proceed with the inquiry after satisfying itself that a notice of the inquiry was served on him under rule 8(1).

The procedure to be followed at the inquiry shall be as follows, but the procedure may be varied by the Board in any particular case:

During the inquiry, the Board may determine that the charge is groundless in which case no further proceedings shall continue.

The Board shall not be bound to act in a formal manner and shall not be bound by the provisions of the Evidence Act [Cap. 97] or by any other law relating to evidence, but may inform itself on any matter in such manner as it thinks fit.

At the conclusion of the proceedings under rule 15, the Board shall consider whether all the charges have been proved to its satisfaction.

If the Board determines that any charge has been proved to its satisfaction, the pharmacist or his counsel or representative may address the Board in mitigation and adduce evidence of the character of the pharmacist under inquiry.

The Board shall consider whether judgment shall be postponed.

Where judgment has been postponed, the hearing shall be adjourned to a date to be determined by the Board.

The notice of the date on which the hearing is to continue shall be given to the Board’s representative and the pharmacist under inquiry not less than 4 weeks before that date.

The pharmacist under inquiry shall be asked to submit to the Board, not later than 3 weeks before the hearing, any statement or testimonial regarding his conduct or the name and address of any person to whom reference may be made as to his character.

A copy of the statement or testimonial shall be sent to the complainant.

At the resumed hearing any other fact may be brought to the attention of the Board if it relates to the matter under inquiry.

The Board’s representative shall recall the stage at which the proceedings were adjourned and the Board may —

The Board shall then determine whether it should further postpone its judgment.

At the end of an inquiry under these Rules, the Board shall decide —

Where the Board decides that the alleged improper act or conduct is proved, it may direct the Registrar to remove the name of the pharmacist from the register for a period of not less than 3 or more than 12 months or impose either or both of the following penalties:

Where the Registrar has been directed to remove any name from the register, he shall forthwith send a notice of such removal to the pharmacist at his last known address.

The Board may, in its discretion, publish a report on the inquiry.

The Board may inform the Registrar or any other officer of any university from which the pharmacist received his pharmaceutical degree or qualification of the removal of his name from the register.