LAWS OF MALAYSIA
REPRINT
Act 371
REGISTRATION OF PHARMACISTS
ACT 1951
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
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Laws of Malaysia
ACT 371
REGISTRATION OF PHARMACISTS ACT 1951
First enacted
... ... ... ... ... ... 1951 (Ord. No. 62 of 1951)
Revised
... ... ... ... ... ... ... 1989 (Act 371 w.e.f.
10 August 1989)
PREVIOUS REPRINT
First Reprint
... ... ... ... ...
2001
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Registration of Pharmacists
LAWS OF MALAYSIA
Act 371
REGISTRATION OF PHARMACISTS ACT 1951
ARRANGEMENT OF SECTIONS
Section
1.
Short title and application
2.
Interpretation
3.
Establishment and constitution of Pharmacy Board
4.
President and meetings of the Board
5.
Register of pharmacists
6.
Persons entitled to provisional registration
6A. Experience which a provisionally registered person shall be required
to obtain
6B. Person entitled to full registration
7.
Restriction on use of certain titles
8.
Application for registration
9.
Power to refuse registration in certain cases
10.
Entry of higher qualifications
11.
Issue of certificate of registration
11A. Temporary registration
11B. Purpose and duration
11C. Notice to registered pharmacist to serve in the public services
11D. Period of service in pursuance of a notice under subsection 11C(1)
11E. Power of Minister to grant reducation, exemption or postponement
from period of service under section 11D
11F. Minister may make rules
12.
Conditions as to sale of drugs by registered pharmacist
13.
Registration of bodies corporate
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ACT 371
Section
14.
Continuation of business of deceased registered pharmacist or dispenser
by his representative
15.
Publication of register and presumptions
16.
Annual certificate
17.
Inquiry, restoration into register and removal from register by the
Board
18.
Alterations in, and erasure of names from the register
18A. Punishments
19.
Appeal against removal from register or refusal to register
20.
Fraudulent registration
21.
Appointment and powers of Inspectors
22.
Power to make regulations
(Omitted)
23.
FIRST SCHEDULE
SECOND SCHEDULE
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Registration of Pharmacists
LAWS OF MALAYSIA
Act 371
REGISTRATION OF PHARMACISTS ACT 1951
An Act relating to the establishment of a Pharmacy Board and the
registration of pharmacists.
[1 February 1952]
Short title and application
1. (1) This Act may be cited as the Registration of Pharmacists
Act 1951.
(2) This Act shall apply only to the States of Peninsular Malaysia.
Interpretation
In this Act, unless the context otherwise requires--
2.
" B o a r d " means the Pharmacy Board established under
section 3;
"dangerous drug" means any drug or substance which is for the
time being comprised in the First Schedule to the Dangerous Drugs
Act 1952 [Act 234] or any corresponding schedule to any other
written law relating to dangerous drugs in force in Malaysia;
"fully registered pharmacist" means a person fully registered
under section 6B;
"person" does not include a body corporate;
"poison" means any article deemed to be a poison within the
meaning of the Poisons Act 1952 [Act 366], or of any other written
law relating to poisons in force in Malaysia;
"provisionally registered" means provisionally registered under
section 6;
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ACT 371
"public services" has the meaning assigned to it in Article 132
of the Federal Constitution and, in addition, it also means the
service of any local authority or the service of any statutory authority
exercising powers vested in it by federal or State law, and the
expression "public service" shall be construed accordingly;
"registered pharmacist" means a provisionally registered pharmacist
under section 6 or a fully registered pharmacist under section 6B,
as the case may be;
"therapeutic substance" means any substance which may be
prescribed by the Board to be a therapeutic substance for the
purpose of this Act:
Provided that where any written law dealing with therapeutic
substances is in force in Malaysia no substance shall be so prescribed
unless it is a therapeutic substance within the meaning of such
written law.
Establishment and constitution of Pharmacy Board
3. (1) There shall be established a Pharmacy Board consisting of
the following members:
(a) the Director General of Health ex officio;
(b) the Director of Pharmaceutical Services ex officio;
(c) eight registered pharmacists in the public service, appointed
by the Minister;
(d) three registered pharmacists from any higher educational
institution offering a course or programme in pharmacy,
appointed by the Minister;
(e) two registered pharmacists not in the public service,
appointed by the Minister; and
(f) three registered pharmacists not in the public service,
nominated by the association representing pharmacists in
private practice, approved and appointed by the Minister,
who shall be citizens of Malaysia.
(2) The period of appointment of members, other than ex officio
members, shall be three years, but such members shall be eligible
for re-appointment.
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Registration of Pharmacists
(3) Notwithstanding subsection (2), the Minister may, at any
time, at his discretion, suspend or terminate the appointment of
any member of the Board, other than an ex officio member, and
may appoint another person in his place or in the place of any
member who retires or who, for the time being, is unable to act
or who is absent from three consecutive meetings of the Board
without such excuse as may seem reasonable to the Minister:
Provided that where any member of the Board has been nominated
in accordance with any of the provisions of subsection (1), the
Minister shall not appoint any person in his place other than a
person duly nominated in the same manner as such member.
(4) All acts done by the Board shall, notwithstanding any vacancy
in the Board or that it is afterwards discovered that there was a
defect in the appointment of a person purporting to be a member
thereof, be as valid as if no such vacancy or defect had existed.
(5) For the purpose of subsection (1), "citizens of Malaysia"
shall not include permanent residents of Malaysia.
President and meetings of the Board
4. (1) The Director General of Health shall be President of the
Board and shall be Chairman of all meetings at which he attends.
(2) In the absence of the President from any meeting, the members
present shall elect one of their number to be Chairman.
(3) The Chairman at any meeting shall have an original vote
and also, if upon any question the votes are equally divided, a
casting vote.
(4) The Board shall meet at such places and times as the President
may appoint and at any meeting nine members shall form a quorum.
Register of pharmacists
5.  For the purposes of this Act, a register of pharmacists (hereinafter
referred to as the register) shall be kept, in such form as may be
prescribed, by the Director of Pharmaceutical Services, (hereinafter
referred to as the Registrar), who shall be responsible for the
maintenance and custody thereof and shall perform such duties in
connection therewith as may be prescribed.
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Persons entitled to provisional registration
6. (1) Subject to the other provisions of this Act, a person shall
be entitled to be provisionally registered as a pharmacist, solely
for the purpose of obtaining the experience specified in section 6A,
upon application to the Registrar in the prescribed form if the
holds--
(a) any of the qualifications specified in the First Schedule;
or
(b) a qualification in pharmacy, other than the qualifications
referred to in paragraph (a), deemed suitable for registration
by the Minister after consulting the Board.
(2) Any person provisionally registered under paragraph (1)(b)
may be subject to such restrictions and conditions as may be
imposed by the Minister on the advice of the Board, and where
restrictions and conditions are so imposed the registration of that
person shall have effect subject to such restrictions and conditions.
(3) The Minister may from time to time, after consulting the
Board, add to, delete from or amend the First Schedule by order
published in the Gazette.
Experience which a provisionally registered person shall be
required to obtain
6A. (1) Subject to the provisions of this Act, a person who is
provisionally registered shall be required to obtain experience as
provided for in subsection (2) in order to be entitled to apply for
full registration under section 6B.
(2) The provisionally registered person shall, immediately upon
being provisionally registered, engage in employment as a pharmacist
to the satisfaction of the Board for a period of not less than one
year in any of the premises listed in the Second Schedule.
(3) The Board may extend for not more than one year the period
of employment of a provisionally registered person if the Board
is not satisfied with the performance of the person as a pharmacist.
(4) The provisional registration of a person shall be revoked if
the person fails to comply with subsection (2).
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Registration of Pharmacists
(5) The Minister may from time to time, after consulting the
Board, add to, delete from or amend the Second Schedule by order
published in the Gazette.
(6) A provisionally registered person shall be deemed to be
registered under this Act so far as is necessary--
(a) to enable him to enter upon and engage in the employment
mentioned in subsection (2); and
(b) for the purposes of any written law or such other purposes
as the Minister may direct,
but no further.
(7) The Board may exempt from subsection (2) any person who
holds any of the qualifications referred to in subsection 6(1) and
has been registered by any registration body responsible for the
registration of pharmacists recognized by the Board if the Board
is satisfied that such person has gained experience which is not
less both in character and scope and in length of time in an institution
or hospital approved by the Board.
(8) A provisionally registered person shall during the period of
employment under subsection (2) be deemed to be a public servant
within the meaning of the Penal Code [Act 574].
Person entitled to full registration
6B. (1) Subject to the provisions of this Act, no person shall be
entitled to be a fully registered pharmacist under this Act unless
he has--
(a) gained experience as required under section 6A; or
(b) been exempted under subsection 6A(7).
(2) An application for full registration shall be in accordance
with the provisions of this Act and the regulations made under this
Act.
(3) Notwithstanding anything to the contrary contained in this
Act, a person may, subject to such restrictions and conditions as
may be stipulated by the Minister, be fully registered under this
section if the person seeking registration under this subsection
possesses a qualification which the Minister after consulting the
Board is satisfied is adequate.
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Restriction on use of certain titles
7. (1) No person, unless he is registered under this Act, shall take
or use the name or title of pharmaceutical chemist or pharmaceutist
or chemist and druggist or druggist or pharmacist, or take or use
in connection with the sale of goods by retail the name or title of
chemist or any other name, title, addition or description implying
that he or any person employed by him is registered or entitled to
be registered under this Act.
(2) No person shall take or use or affix to, or use in connection
with, his premises any title or description reasonably calculated
to suggest that he or anyone employed in the business carried on
in his premises possesses any qualification with respect to the
selling, dispensing or compounding of drugs or poisons other than
the qualifications which he in fact possesses.
(3) For the purpose of subsection (1), the use of the description
"pharmacy" or "dispensary" in connection with a business carried
on in any premises shall be deemed to be in connection with the
sale of goods by retail and to imply that the owner of the business
or the person having the control of the business in those premises
is registered under this Act:
Provided that nothing in this section shall apply to the use of
the word "dispensary" by a medical practitioner, registered for the
time being under any written law relating to the registration of
medical practitioners in force in Malaysia, or by a veterinary
surgeon, in connection with the practice of his profession in his
own personal practice or business, or in a practice or business
p a r t n e r s h i p of which every member is a registered medical
practitioner, or to the use of the word "dispensary" in connection
with dispensaries under the control of the Government or of any
local authority.
(4) Any person who acts in contravention of this section shall
be guilty of an offence liable on conviction before a Sessions
Court to a penalty not exceeding five hundred ringgit, and to a
further penalty of fifty ringgit for every day during which the
offence continues.
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Application for registration
8. (1) Any person entitled to be provisionally or fully registered
under this Act may apply to the Registrar for registration accordingly.
(2) Every application for such registration shall be made in
such manner and shall be accompanied by such documents,
photographs and particulars as may be prescribed and by proof of
identity to the satisfaction of the Board.
(3) When the Board is satisfied that the applicant is entitled to
be provisionally or fully registered and that the applicant has
complied with the requirements of subsection (2) and has paid the
prescribed fee, the Board shall, subject to section 9, admit the
applicant to the register.
Power to refuse registration in certain cases
9.  If any person applying for registration has been convicted of
any offence which in the opinion of the Board renders him unfit
to be on the register or, after due inquiry by the Board, is deemed
by it to have been guilty of infamous conduct in any professional
respect, the Board may refuse to admit such person to the register.
Upon such inquiry, the person against whom such conduct is
alleged shall be entitled to appear by himself or with or by counsel
and to be heard personally or by counsel.
Entry of higher qualifications
10.  Every person registered under this Act who has obtained any
higher qualification than the qualification in respect of which he
has been registered shall be entitled to have such higher qualification
inserted in the register in substitution for or in addition to the
qualification previously registered, without payment of any further
fee.
Issue of certificate of registration
11.  Where a person has been admitted to the register under section
6B, the Board shall issue to him a certificate of registration in the
prescribed form, and a photograph of such person shall be affixed
to such certificate.
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Temporary registration
11A. (1) Notwithstanding anything to the contrary contained in
this Act, the Board may, upon application in writing, temporarily
register, subject to such conditions and restrictions as the Board
deems fit to impose, a person who is registered as a pharmacist
outside Malaysia.
(2) The Board shall issue to a person temporarily registered
under subsection (1) a temporary registration certificate.
(3) The holder of such temporary registration certificate shall,
while the certificate remains in force and subject to the restrictions
and conditions specified in the certificate, be deemed to be a fully
registered pharmacist.
(4) The Board may at any time cancel the temporary registration
of a person under this section and temporary registration certificate
issued to such person shall thereupon lapse.
Purpose and duration
11B. (1) Sections 11C, 11D, 11E and 11F are enacted for national
purposes.
(2) Sections 11C, 11D, 11E and 11F shall cease to be in force
if Parliament, by resolution passed by each of the Houses of
Parliament and published in the Gazette, provides that those sections
shall no longer continue to remain in force.
Notice to registered pharmacist to serve in the public services
11C. (1) Every person who obtains full registration under section
6B shall be liable immediately upon being so registered or at any
time thereafter to be served with a written notice issued by or on
behalf of the Director General of Health requiring such person to
assume appointment as a pharmacist in such post in such public
service and on such date as may, in each of these respects, be
specified in the notice.
(2) A person served with a notice under subsection (1) shall
comply with such notice and if he fails to do so, he shall be guilty
of an offence under this Act and is liable on conviction to a fine
not exceeding fifty thousand ringgit.
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Registration of Pharmacists
(3) Immediately upon a charge under subsection (2) or under
section 11D being proved in court against any person, the registration
of such person under section 6B shall be deemed to be revoked,
and the Registrar shall strike off from the register the name of such
person.
(4) Where the name of a person is struck off from the register
under subsection (3), it shall not be restored on the register except
upon a direction given by the Minister, and the Minister may give
such direction upon an application in writing being made to him
by the person whose name has been struck off from the register.
(5) Any direction given by the Minister under subsection (4) in
respect of any person may be made subject to the fulfilment of
such terms and conditions as the Minister may deem fit to impose,
and such terms and conditions may include terms and conditions
requiring such person to serve as a pharmacist to the satisfaction
of the Director General of Health for a continuous total period of
not more than three years in such post or posts in such one or more
of the public service as may from time to time be determined by
the Director General of Health in his discretion.
( 6 ) W h i l e the person whose name is restored under
subsection (4) is fulfilling and conditions imposed under subsection
(5), he shall be deemed to be registered so far as is necessary to
fulfil the terms and conditions imposed under subsection (5) and
for such other purposes as the Minister may direct, but no further,
and upon fulfilment of the terms and conditions imposed under
subsection (5), he shall be entitled to a certificate issued by the
Director General of Health as evidence of such fulfilment.
(7) The decision of the Minister upon an application made to
him under subsection (4) for the restoration of a name on the
register shall be final.
(8) Where a notice under subsection (1) has been served on any
person liable to be served, the Director General of Health may at
any time cancel the notice and, if he thinks fit, cause to be served
on him a further notice.
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ACT 371
Period of service in pursuance of a notice under subsection
11C(1)
11D.  A person who commences to serve in a post in a public
service in pursuance of a notice issued under subsection 11C(1),
shall continue to serve in that post or in such subsequent post or
posts in the same or such other public service as may from time
to time be determined by the Director General of Health in his
discretion for a continuous total period of not more than three
years to the satisfaction of the Director General of Health and if
he fails to do so, he shall be guilty of an offence under this Act
and is liable on conviction to a fine not exceeding fifty thousand
ringgit.
Power of Minister to grant reduction, exemption or postponement
from period of service under section 11D
11E. (1) The Minister may, after consultation with the Board, by
order published in the Gazette--
(a) in respect of any particular person;
(b) generally in respect of any class of persons during such
period as he may specify;
(c) generally in respect of all persons during such period as
he may specify,
grant such reduction as he may consider appropriate or complete
exemption from the period of service required under section 11D.
(2) The Minister may, upon application being made to him in
writing by any person liable to undergo the period of service
required under section 11D, grant to such person postponement
from commencing such service for such period as he may consider
appropriate if he is satisfied that it would be just and reasonable
to do so.
(3) The decision of the Minister upon application made to him
under subsection (2) shall be final.
Minister may make rules
11F.  The Minister may make rules for carrying into effect the
objects and purposes of sections 11C, 11D and 11E.
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Conditions as to sale of drugs by registered pharmacist
12. (1) A registered pharmacist carrying on a business shall, so
far as such business relates to the keeping, retailing, dispensing,
and compounding of poisons, dangerous drugs or therapeutic
substances, comply with the following conditions:
(a) in each set of premises where the business is carried on,
the business shall be bona fide conducted by the registered
pharmacist himself or some other registered pharmacist;
(b) the name and certificate of registration of the person by
whom the business is so conducted in any premises shall
be conspicuously exhibited in those premises.
(2) Any person failing to comply with any such condition shall
be guilty of an offence and shall be liable on conviction before
a Sessions Court to a penalty not exceeding five hundred ringgit
and to a further penalty of fifty ringgit for every day during which
the offence continues.
Registration of bodies corporate
13. (1) For the purposes of this Act, the Registrar shall enter in
the register in such form and manner as may be prescribed, the
name of every body corporate carrying on within Malaysia a business
of keeping, retailing, dispensing and compounding poisons, dangerous
drugs or therapeutic substances and entitled to be registered under
this section.
(2) No such body corporate shall be registered under this Act
unless the Board is satisfied that such business will be under the
control and management of a superintendent who is a registered
pharmacist and who does not act at the time in a similar capacity
for any other body corporate firm or partnership or in any other
business on his own behalf.
(3) Upon the registration of a body corporate under this section,
a certificate of registration in the prescribed form and such number
of copies thereof as may be required shall be issued to it by the
Board.
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ACT 371
(4) Subject to this section, a body corporate registered under
this section carrying on a business, so far as it relates to the
keeping, retailing, dispensing and compounding of poisons, dangerous
drugs or therapeutic substances shall comply with the following
conditions:
(a) the business of the body corporate shall be under the
control and management of a superintendent who is a
registered pharmacist and who does not act at the time
in a similar capacity for any other body corporate firm
or partnership or in any other business on his own behalf;
(b) in each set of premises where the business is carried on,
it shall, if not personally conducted by the superintendent,
b e bona fide conducted under the direction of the
superintendent by a manager or assistant who is a registered
pharmacist;
(c) where the business is personally conducted in any premises
by the superintendent, his certificate of registration shall
be conspicuously exhibited in those premises, and, where
the business is conducted in any premises by a manager
o r assistant, his certificate of registration shall be
conspicuously exhibited in those premises;
(d) the certificate or a copy of the certificate of the registration
o f the body corporate under this section shall be
conspicuously exhibited in each set of premises where
the business is carried on.
(5) A body corporate registered under this section may, if and
so long as it complies with the requirements of subsection (4), use
the name or title of chemist and druggist or dispensing chemist or
dispensing druggist, and the premises at which the business is
carried on may be described as a pharmacy.
(6) No body corporate, unless it is registered under this section
and complies with the requirements of subsection (4), shall use the
name or title of chemist and druggist or dispensing chemist or
dispensing druggist or describe the premises at which it carries on
business as a pharmacy and no body corporate, whether registered
or not, shall, subject to subsection (5), use any name title addition
or description which it would have been forbidden by section 7
to use had it been a person within the meaning of such section.
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(7) If--
(a) a body corporate carrying on a business which comprises
the retail sale of poisons, dangerous drugs or therapeutic
substances has been convicted of an offence under this
Act or under any written law relating to poisons, dangerous
drugs or therapeutic substances in force in; or
(b) any director or officer of or other person in the employment
of any such body--
(i) has been convicted of an offence under this Act or
the aforesaid written laws;
(ii) has been convicted of any other criminal offence
which in the opinion of the Board renders him, or
would if he were a registered pharmacist render
him, liable to any of the punishments under section
18A; or
(iii) has been guilty of any misconduct which, in the
opinion of the Board, renders him, or would if he
were a registered pharmacist render him, liable to
any of the punishments under section 18A,
the Board may inquire into the case and may, unless the body
corporate satisfies the Board that the act or omission in question
was not connived at or instigated by their superintendent or by any
of their directors or managers, and that the person guilty thereof
is no longer in their employment, refuse to register such body
corporate or, in the case of a body corporate already registered,
if it deems fit, impose any of the punishments under section 18A.
(8) The Board may remove the name of any body corporate
from the register when--
(a) the registration of such body has been obtained by any
fraudulent or incorrect statement; or
(b) such body has ceased to carry on the business mentioned
in subsection (1).
( 9 ) A n y body corporate, acting in contravention of
subsection (6) or, if registered under this section, failing to comply
with the conditions imposed by subsection (4) thereof, shall be
guilty of an offence and liable on conviction before a Sessions
Court to a penalty not exceeding two thousand ringgit and to a
further penalty not exceeding fifty ringgit for every day during
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ACT 371
which such offence continues and every person who was a director
or officer of such body corporate or was purporting to act in any
such capacity at the date of the commission of the offence shall
be deemed guilty of that offence unless he proves that the offence
was committed without his knowledge and that he exercised all
due diligence to prevent the commission of the offence and shall
be liable on conviction before a Sessions Court to a penalty not
exceeding two hundred ringgit and a further penalty not exceeding
twenty-five ringgit for every day during which such offence by
him continued.
(10) If the Board thinks fit in any case so to do, it may, either
of its own motion or on the application of the body corporate
concerned, direct the restoration to the register of the name of any
body corporate.
Continuation of business of deceased registered pharmacist or
dispenser by his representative
14. (1) Subject to this section, if a registered pharmacist dies
while carrying on a business which comprises the retail sale of
poisons, dangerous drugs or therapeutic substances, any executor,
administrator or trustee of his estate who carries on the business
after his death in accordance with the conditions hereinafter mentioned
shall be entitled to use in connection with the business such titles
and descriptions as might have been used by the deceased registered
pharmacist.
(2) The conditions referred to in subsection (1) shall be the
following:
(a) in each set of premises in which the business is carried
on, the business must be bona fide conducted by a registered
pharmacist;
(b) the name and certificate of registration of the person by
whom the business is so conducted in any premises shall
be conspicuously exhibited in those premises.
(3) If any such executor, administrator or trustee or any person
in his employment--
(a) has been convicted of an offence under this Act or under
any written law relating to therapeutic substances, or
dangerous drugs or poisons for the time being in force
in Malaysia; or
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Registration of Pharmacists
(b) has been convicted of any other criminal offence, or been
guilty of any misconduct, which, in the opinion of the
Board, renders him, or would if he were a registered
pharmacist render him, liable to any of the punishments
under section 18A,
the Board may inquire into the case and may, unless in the case
of an act or omission by a person in his employment, the executor,
administrator or trustee satisfies the Board that the act or omission
in question was not connived at or instigated by him, direct that
he shall cease to be entitled to use any title or description which
might have been used by the deceased registered pharmacist.
Publication of register and presumptions
15. (1) The Registrar shall publish annually in the Gazette, as
soon as practicable after the first day of January of each year, a
list containing the names, addresses, qualifications and dates of
qualifications of all registered pharmacists and of all bodies corporate
registered under section 13. The Registrar shall also publish in the
Gazette any changes that may be made in the register from time
to time.
(2) The publication of such list shall be prima facie evidence
that the persons or bodies corporate named therein are registered
under this Act.
(3) The absence of the name of any person or body corporate
from such list shall be prima facie evidence that such person or
body is not registered under this Act.
(4) A certificate under the hand of the Registrar that the name
of a person has been entered or removed from the register shall
be conclusive evidence that a person is or is not registered under
this Act, as the case may be.
Annual certificate
16. (1) Every registered pharmacist or body corporate who desires
his or its name to be retained on the register shall, before the end
of every year, make application in the prescribed manner, and
shall pay the prescribed fee, for retention of his or its name on the
register during the ensuing year.
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ACT 371
(2) Upon such application and payment, the applicant shall,
subject to this Act, be entitled to a certificate (hereinafter referred
to as the "annual certificate") that he or it is registered under this
Act.
(3) The annual certificate shall be issued by the Registrar and
shall, unless cancelled under section 17 be in force from the date
of issue to the end of the year.
(4) The name of any registered pharmacist or body corporate
who fails to obtain an annual certificate prior to the commencement
of any year shall be removed from the register.
(5) Any registered pharmacist or body corporate who has failed
to obtain an annual certificate prior to the commencement of any
year, but who subsequently makes application in such manner and
pays such additional fee as may be prescribed, may be granted an
annual certificate for the remainder of the year, and his or its name
may be re-entered in the register.
Inquiry, restoration into register and removal from register by
the Board
17. (1) If it comes to the knowledge of the Board that a registered
pharmacist--
(a) has obtained registration by a fraudulent or incorrect
statement;
(b) has been convicted of any offence which, in the opinion
of the Board, renders him unfit to be on the register or
of any offence under this Act or under any written law
in force in Malaysia relating to poisons, dangerous drugs
or therapeutic substances; or
(c) has been guilty of infamous or disgraceful conduct in a
professional sense,
the Board may inquire into the case and may if it thinks fit impose
any of the punishments under section 18A.
(1A) The Board may remove the name of a registered pharmacist
from the register if such person--
(a) is deceased;
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Registration of Pharmacists
(b) has permanently left Malaysia; or
(c) is of unsound mind or, by reason of some other infirmity,
is in the opinion of the Board incapable of practising as
a pharmacist.
(2) If the Board thinks fit in any case so to do, it may, either
of its own motion or on the application of the person concerned,
direct the restoration to the register of any name which has been
removed from the register.
(3) Where a person is registered pursuant to subparagraph
6(2)(a)(i) and his registration is subject to any restrictions and
conditions imposed by the Minister pursuant to paragraph (c) of
the aforementioned section, the name of such registered pharmacist
may also be removed from the register by the Board--
(a) if such registered pharmacist commits a breach of any of
the restrictions and conditions under which he is registered;
or
(b) if the restriction and condition so imposed relate to the
restricted registration of such registered pharmacist as
described in paragraph 6(2)(d) and the period within which
the restricted registration shall have effect has expired.
(4) Where the name of a registered pharmacist has been removed
by the Board under the preceding subsection his annual certificate
shall cease to have effect.
Alterations in, and erasure of names from the register
18.  The Registrar shall from time to time insert in the register
any alteration which may come to his knowledge in the name or
address of any registered pharmacist, or body corporate and shall
erase from the register the names of all such registered pharmacists
or bodies corporate as are ordered by the Board to be removed
therefrom:
Provided that any name so removed may at any time be restored
to the register by direction of the Board.
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Laws of Malaysia
ACT 371
Punishments
18A. (1) The Board may, at the conclusion of an inquiry under
subsection 13(7) or subsection 17(1), impose any of the following
punishments:
(a) order the name of the registered pharmacist or body
corporate to be removed from the register;
(b) order the name of the registered pharmacist or body
corporate to be suspended from the register for such
period as it may think fit; or
(c) order the registered pharmacist or body corporate to be
reprimanded.
(2) The Board may also, at the conclusion of the inquiry
mentioned in subsection (1)--
(a) order the registered pharmacist or body corporate to pay
costs to the Board or complainant where an order under
any of the paragraphs in subsection (1) is made;
(b) order the complainant to pay costs to the registered
pharmacist or body corporate where no case has been
made out against the registered pharmacist or body
corporate,
and such costs may be recovered as a civil debt.
Appeal against removal from register or refusal to register
19.  Any person or body corporate aggrieved by any of the
punishments imposed by the Board under section 18A, or by any
refusal or failure to enter his or its name in the register, or by any
refusal to issue to him or to it an annual certificate, or by any
cancellation of his or its annual certificate, may appeal to the
Minister whose decision shall be final.
Fraudulent registration
20.  Any person who fraudulently procures or attempts to procure
himself or any other person or body corporate to be registered
under this Act shall, on conviction before a Sessions Court, be
liable to imprisonment for a term not exceeding one year or to a
fine not exceeding five hundred ringgit or to both.
23
Registration of Pharmacists
Appointment and powers of Inspectors
21. (1) The Minister may appoint such number of persons to be
Inspectors as he may consider necessary for the purposes of this
Act.
(2) When an Inspector has reasonable cause to believe that any
offence under this Act has been or is being committed on any
premises or in connection with any business carried on in any
premises, he may, at all reasonable times, enter upon such premises
and may search and examine such premises and may inspect,
remove and detain any books, documents or other articles found
therein which in the opinion of such Inspector may furnish evidence
of the commission of an offence against this Act and may require
any person conducting or managing any business of keeping, retailing,
dispensing or compounding poisons, dangerous drugs or therapeutic
substances to produce for his inspection any certificate issued to
such person or to his employer under this Act.
(3) Any person who obstructs or impedes an Inspector in the
p e r f o r m a n c e of his duties under this Act shall be liable to
imprisonment for a term not exceeding six months or to a fine not
exceeding five hundred ringgit or to both.
Power to make regulations
22. (1) The Board may make regulations for and in respect of all
or any of the following matters:
(a) the pupillage, the conditions under which the practical
training of apprentices or students shall be conducted
and any other matter relating to the training and qualification
of pharmacists;
(aa) the examination prescribed or set by the Board to be
passed by any person before he is eligible to apply to be
admitted to the register under this Act;
(b) the procedure to be followed at meetings of, and at inquiries
held by, the Board;
(ba) the establishment of a Committee of Inquiry to inquire
into complaints or information regarding any matter which
the Board may, under the provisions of this Act, inquire
into, and the procedures to be followed at inquiries held
by the Committee;
24
Laws of Malaysia
ACT 371
(c) the duties of the Registrar;
(d) the form of the registers and the manner in which they
shall be kept;
(e) any matter which under this Act, is required or permitted
to be prescribed;
(f) the registration of bodies corporate;
(g) the exemption from the operation of this Act or of any
regulations made thereunder, of such persons or bodies
corporate or classes of persons or bodies corporate as
may seem expedient;
(h) the appointment and payment of legal advisers;
(i) the payment of expenses of members of the Board;
(j) any matter, whether similar or not to those above mentioned,
as to which it is expedient to make regulations for carrying
into effect the objects of this Act.
(2) All regulations made by the Board under this section shall
be subject to the approval of the Minister, and when so approved
shall be published in the Gazette and shall, unless it is otherwise
provided therein, take effect as from the date of such publication.
(Omitted).
23.
25
Registration of Pharmacists
FIRST SCHEDULE
[Paragraph 6(1)(a)]
LIST OF REGISTRABLE QUALIFICATIONS
Country in which
Name of Institution
Description of
qualification is
granting qualification
qualification
granted
Malaysia
Universiti Sains Malaysia
Sarjana Muda Farmasi
(Kepujian)
Universiti Malaya
Sarjana Muda Farmasi
(Kepujian)
Universiti Kebangsaan
Sarjana Muda Farmasi
Malaysia
(Kepujian)
Saudi Arabia
University of Riyadh
Bachelor of Pharmacy
Australia
University of Adelaide
Bachelor of Pharmacy
Monash University,
Bachelor of Pharmacy
Victorian College of
Pharmacy
University of Sydney
Bachelor of Pharmacy
University of Queensland
Bachelor of Pharmacy
The University of South
Bachelor of Pharmacy
Australia
The University of
Bachelor of Pharmacy
Tasmania
Curtin University of
Bachelor of Pharmacy
Technology
Canada
University of British
Bachelor of Science
Columbia
(Pharmacy)
University of Alberta
Bachelor of Science
(Pharmacy)
Dalhouise University
Bachelor of Science
(Pharmacy)
United
University of Bath
Bachelor of Science
Kingdom
(Pharmacy)
26
Laws of Malaysia
ACT 371
Country in which
Name of Institution
Description of
qualification is
granting qualification
qualification
granted
University of Aston in
Bachelor of Science
Birmingham
(Pharmacy)
University of Bradford
Bachelor of Pharmacy
University of Brighton
Bachelor of Science
(Pharmacy)
University of Wales
Bachelor of Pharmacy
College of Cardiff
De Montfori University
Bachelor of Science
Leicester
(Pharmacy)
Liverpool John Moores
Bachelor of Science
University
(Pharmacy)/Master of
Pharmacy
University of London
King's College of
Bachelor of Pharmacy
London
The School of Pharmacy
Bachelor of Pharmacy
Chelsea College
Bachelor of Pharmacy
University of Manchester
Bachelor of Science
(Pharmacy)
University of Nottingham
Bachelor of Pharmacy
University of Portsmouth
Bachelor of Science
(Pharmacy)
University of Sunderland
Bachelor of Science
(Pharmacy)
University of Strathclyde
Bachelor of Science
(Pharmacy)
Robert Gordon's Institute
Bachelor of Science
of Technology, Aberdeen
(Pharmacy)
Heriot-Watt University
Bachelor of Science
of Edinburgh
(Pharmacy)
27
Registration of Pharmacists
Country in which
Name of Institution
Description of
qualification is
granting qualification
qualification
granted
The Queen's University
Bachelor of Science
of Belfast, Northern
(Pharmacy)
Ireland
Indonesia
Bandung Institute of
Doctorandus Pharmaciae/
Technology
Sarjana Farmasi
Gadjah Mada University
Sarjana Sains Farmasi
Airlangga Soerabaya
Doctorandus Pharmaciae
University
Iraq
University of Baghdad
Bachelor of Science
(Pharmacy)
Ireland
University of Dublin
Bachelor of Science
(Pharmacy)
Japan
Kyoto University
Bachelor of
Pharmaceutical Science
Nagoya City University
Bachelor of Science
(Pharmacy)
Kumamoto University
Bachelor of
Pharmaceutical Science
New Zealand
University of Otago
Bachelor of Pharmacy
Egypt
University of Cairo
Bachelor of
Pharmaceutical Science
University of Alexandria
Bachelor of
Pharmaceutical Science
University of Mansoura
Bachelor of
Pharmaceutical Science
University of Zagazig
Bachelor of
Pharmaceutical Science
Singapore
National University of
Bachelor of Science
Singapore
(Pharmacy)
Turkey
University of Ankara
Bachelor of Pharmacy
University of Hacettefe
Bachelor of Pharmacy
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Laws of Malaysia
ACT 371
Country in which
Name of Institution
Description of
qualification is
granting qualification
qualification
granted
University of Istanbul
Bachelor of Pharmacy
United States
University of Wisconsin
Bachelor of Science
of America
(Pharmacy)
University of Iowa
Bachelor of Science
(Pharmacy)
University of Kansas
Bachelor of Science
(Pharmacy)/Doctor of
Pharmacy
South Western Oklahoma
Bachelor of Science
State University
(Pharmacy)
Ohio State University
Bachelor of Science
(Pharmacy)
Massachusetts College of
Bachelor of Science
Pharmacy and Allied
(Pharmacy)
Health Science
Northeast Louisiana
Bachelor of Science
University
(Pharmacy)
Medical University of
Bachelor of Science
South Carolina
(Pharmacy)
Idaho State University
Doctor of Pharmacy
University of Toledo
Bachelor of Science
(Pharmacy)
Butler University, Indiana
Bachelor of Pharmacy/
Doctor of Pharmacy
University of North
Doctor of Pharmacy
Carolina
29
Registration of Pharmacists
SECOND SCHEDULE
[Subsection 6A(2)]
LIST OF PREMISES
1.
Hospital Kangar, Perlis
2.
Hospital Alor Setar, Kedah
3.
Hospital Sungai Petani, Kedah
4.
Hospital Kulim, Kedah
5.
Hospital Pulau Pinang, Pulau Pinang
6.
Hospital Bukit Mertajam, Pulau Pinang
7.
Hospital Seberang Jaya, Pulau Pinang
8.
Hospital Ipoh, Perak
9.
Hospital Taiping, Perak
10.
Hospital Teluk Intan, Perak
11.
Hospital Seri Manjung, Perak
12.
Hospital Slim River, Perak
13.
Hospital Tengku Ampuan Rahimah, Klang, Selangor
14.
Hospital Kajang, Selangor
15.
Hospital Banting, Selangor
16.
Hospital Tanjung Karang, Selangor
17.
Hospital Kuala Kubu, Selangor
18.
Hospital Sabak Bernam, Selangor
19.
Hospital Sungai Buloh, Selangor
20.
Hospital Seremban, Negeri Sembilan
21.
Hospital Kuala Pilah, Negeri Sembilan
22.
Hospital Melaka, Melaka
23.
Hospital Sultanah Aminah, Johor Bahru, Johor
30
Laws of Malaysia
ACT 371
24.
Hospital Muar, Johor
25.
Hospital Segamat, Johor
26.
Hospital Kluang, Johor
27.
Hospital Batu Pahat, Johor
28.
Hospital Kuantan, Pahang
29.
Hospital Mentakab, Pahang
30.
Hospital Kuala Terengganu, Terengganu
31.
Hospital Kota Bharu, Kelantan
32.
Hospital Queen Elizabeth, Kota Kinabalu, Sabah
33.
Hospital Sandakan, Sabah
34.
Hospital Tawau, Sabah
35.
Hospital Umum, Sarawak
36.
Hospital Sibu, Sarawak
37.
Hospital Miri, Sarawak
38.
Hospital Kuala Lumpur, Wilayah Persekutuan
39.
Hospital Putrajaya, Wilayah Persekutuan
40.
Hospital Selayang, Selangor
41.
Biro Pengawalan Farmaseutikal Kebangsaan, Petaling Jaya
42.
Hospital Kemaman, Terengganu
43.
Hospital Alor Gajah, Melaka
44.
Hospital Universiti Kebangsaan Malaysia, Kuala Lumpur
45.
Hospital Universiti Sains Malaysia, Kubang Kerian, Kelantan
46.
Hospital Universiti, Kuala Lumpur
47.
Institut Jantung Negara, Kuala Lumpur
31
Registration of Pharmacists
LAWS OF MALAYSIA
Act 371
REGISTRATION OF PHARMACISTS ACT 1951
LIST OF AMENDMENTS
Amending law
Short title
In force from
Ord. 21/1954
Registration of Pharmacists
01-02-1952
(Amendment) Ordinance 1954
Ord. 41/1955
Registration of Pharmacists
04-07-1955
(Amendment) Ordinance 1955
L.N. 332/1958
Federal Constitution (Modification
13-11-1958
of Laws) (Ordinances and
Proclamations) Order 1958
Act A114
Registration of Pharmacists
04-04-1972
(Amendment) Act 1972
Act A301
Registration of Pharmacists
30-05-1975
(Amendment) Act 1975
Act A1005
Registration of Pharmacists
31-08-1997
(Amendment) Act 1997
Act A1207
Registration of Pharmacists
02-09-2004
(Amendment) Act 2003
32
Laws of Malaysia
ACT 371
LAWS OF MALAYSIA
Act 371
REGISTRATION OF PHARMACISTS ACT 1951
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
2
L.N. 332/1958
13-11-1958
Act A1207
02-09-2004
3
Ord. 41/1955
04-07-1955
L.N. 332/1958
13-11-1958
Act A1005
31-08-1997
4
Ord. 41/1955
04-07-1955
Act A1005
31-08-1997
5
Act A1207
02-09-2004
6
Ord. 21/1954
01-02-1952
Act A114
04-04-1972
Act A301
30-05-1975
Act A1207
02-09-2004
6A
Act A301
30-05-1975
Act A1207
02-09-2004
6B
Act A1207
02-09-2004
8
Act A114
04-04-1972
Act A1207
02-09-2004
11
Act A114
04-04-1972
Act A1207
02-09-2004
11A-11F
Act A1207
02-09-2004
13
Act A1005
31-08-1997
14
Act A1005
31-08-1997
Act A1207
02-09-2004
17
Act A114
04-04-1972
Act A1005
31-08-1997
18A
Act A1005
31-08-1997
33
Registration of Pharmacists
Section
Amending authority
In force from
19
L.N. 332/1958
13-11-1958
Act A1005
31-08-1997
21
L.N. 332/1958
13-11-1958
22
L.N. 332/1958
13-11-1958
Act A301
30-05-1957
Act A1005
31-08-1997
First Schedule
Act A1207
02-09-2004
Second Schedule
Act A1207
02-09-2004
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA