Council Decisions (October 2022, February & May 2023)

This article presents a summary of selected matters discussed and decisions taken by the South African Pharmacy Council (“Council”) during its meetings held on 12/13 October 2022, 15/16 February and 17/18 May 2023. Other matters on the operations of the Office of the Registrar and Council are covered in the articles featured in this issue of the Pharmaciae.

Services for Which a Pharmacist May Levy a Fee, 2023

Council annually adjusts the fee that a pharmacist may levy on services provided, to keep up with inflation. At the February 2023 meeting, Council decided to increase the fees a pharmacist may levy by an inflation-linked rate of 7.5% in accordance with the Consumer Price Index (CPI)’s headline inflation rate for September 2022.

Accreditation of Short Courses

The Office of the Registrar received an application for the accreditation/approval of a course titled “Dispensing of Medicines by Healthcare Professionals” from the Pharmacy Development Academy. At its meeting in February 2023, Council resolved that this course be accepted and approved. Council also resolved to accept and approve an Immunisation and Injection Technique course application from the University of the Witwatersrand and Tshwane University of Technology.

Council Term of Office

It was noted that there was a need to correct its term-of-office published in terms of Board Notice 184 of 2018, regarding the dates pertaining to the 5-year term of office of Council. After discussion with the Minister of Health and at its meeting in February 2023, Council resolved to correct the term of office to 1 January 2019 to 31 December 2023, in line with the Office of the Registrar’s financial and operational calendars. The correction was published through Board Notice 43 of 2023.

Expungement of Committee of Formal Inquiry (CFI) Judgements

Registered persons may apply and pay the required fee for Council to issue a Certificate of Good Standing. If a person has been found guilty in terms of a Formal Inquiry, and a penalty has been imposed in terms of Section 45 of the Pharmacy Act, a Certificate of Good Standing cannot be issued.

After considering that the Criminal Procedure Act, 51 of 1977, allows for a person (in certain circumstances) to apply to have their criminal record expunged after a period of 10 years, Council resolved that for purposes of providing a Certificate of Good Standing, the judgement as a result of a formal inquiry shall automatically be expunged after five (5) years from the date of the judgement, and if a person has been permanently removed from the register as a result of a formal inquiry judgement, the judgement records shall automatically be expunged after 10 years. Furthermore, a person applying for a Certificate of Good Standing who has a formal inquiry judgement may, after a period of two (2) years from the date of the judgement, apply for the expungement of the judgement, subject to certain conditions as determined by Council.

Removal of Registration/Recording of Pharmacies

In terms of Regulation 72 of the Regulations relating to registration of persons and maintenance of registers, Council may direct the Registrar to remove from the register of pharmacies any pharmacy which does not comply with any of the conditions of registration of such pharmacy. At its meeting in October 2022, Council deliberated on the removal of several pharmacies for reasons ranging from non-compliance with the Rules relating to good pharmacy practice and other legislation to the non-payment of fees. It was decided that nineteen (19) of these pharmacies would be removed from the register.

In February 2023, Council resolved to remove a further five (5) pharmacies from the register. In May 2023, Council resolved to remove a further three (3) pharmacies from the register.

Applicants with a Qualification Obtained Outside of South Africa

The Office of the Registrar receives applications from candidates with foreign qualifications who wish to be registered with Council as pharmacists and pharmacy support personnel. At its October 2022, February 2023 and May 2023 meetings, Council resolved to register several such candidates as Pharmacist Interns after successfully completing the Professional Examinations, subject to completion of a minimum of twelve (12) months’ internship and the pre-registration evaluation.