IE
S.I. No. 494/2008 - Pharmaceutical Society of Ireland (Registration) Rules 2008
Table of Provisions (20)
Statutory Text (20 Articles)
1. The name of the applicant.
2. The address at which the applicant ordinarily resides.
3. The applicant’s contact details, including a telephone number and electronic mail address, where available.
4. The applicant’s nationality.
5. Details of the applicant’s qualifications as a pharmacist in the country concerned.
6. Details of the theoretical and practical training, including the completion of any period of in-service training, undertaken in order to obtain the relevant qualification as a pharmacist.
7. Details of any other country in which the applicant has made application for recognition of his or her qualifications as a pharmacist and the outcome of such application.
8. Details of any other country in which the applicant’s qualification as a pharmacist is or was recognised to practise as a pharmacist or to operate a pharmacy.
9. Details of the applicant’s professional experience as a pharmacist including the nature, scope and duration of such experience.
10. The form of application shall be accompanied by—
(
a
) a copy of the applicant’s birth certificate,
(
b
) evidence of the applicant’s identity in the form of—
(i) a copy of his or her passport or, in default, such other document as may be considered acceptable for the purpose by the Registrar, and
(ii) a recent photograph which is signed and dated by a registered legal or health care professional who certifies that the photograph is of the applicant and is a true likeness of him or her,
(
c
) a certified copy of the applicant’s qualification as a pharmacist in the country in which the said qualification was obtained,
(
d
) the detailed syllabus issued by the educational institution at which the applicant undertook any programmes of education and training for the purpose of obtaining his or her initial qualification as a pharmacist in the country in which the said qualification was obtained,
(
e
) a statement of any other programmes of education and training, qualifications or recognition of the applicant’s qualification as a pharmacist in any other country that he or she may consider relevant to his or her application,
(
f
) a certificate from the competent authority in the country in which qualification as a pharmacist was obtained, certifying that the applicant holds the qualification of a pharmacist and that he or she is lawfully entitled to practise as a pharmacist in that country, and
(
g
) a statutory declaration which declares that—
(i) the applicant is the person to whom the various certificates and documents presented refer;
(ii) any facts, dates and circumstances contained within those certificates and documents are, to his or her knowledge, true and accurate; and
(iii) the certificates and documents concerned, where presented in copy form, are true and accurate copies of the originals.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Rules set out the information which is to be recorded in the Register of Pharmacists, the Register of Druggists, the Register of Pharmaceutical Assistants and in the Register of Retail Pharmacy Businesses.
The Rules also set out the prescribed requirements for first registration and for continued registration in the Register of Pharmacists, as well as the prescribed requirements for registration in the Register of Pharmaceutical Assistants.
These Rules also set out the format of certificates of registration for pharmacists, pharmaceutical assistants and for retail pharmacy businesses.
Procedures for the removal of registrants from the Registers for failure to apply for continued registration and for failure to pay fees are set out in the Rules. The Rules also set out the procedures for the recognition of third country qualifications in pharmacy as qualifications appropriate for practice in the State.
11. (1) Every application for registration in Part A of the Register of Pharmacists under section 14 of the Act shall be made in writing to the Registrar on a form available from the Council, and shall be signed by the person seeking to be registered.
(2) Every such application shall contain or be accompanied by—
(
a
) the particulars specified in Schedule 1 to these Rules, and
(
b
) any fee which may be payable in connection with that application.
(3) Every application for continued registration in Part A of the Register of Pharmacists under section 14 of the Act shall be made—
(
a
) in writing to the Registrar on a form provided by the Council, and
(
b
) not later than 30 days before the date on which the applicant’s certificate of registration is due to expire,
and, shall be signed by the person seeking to be registered, whether in ink or by means of an electronic signature.
(4) Every such application for continued registration shall contain or be accompanied by—
(
a
) the particulars specified in Schedule 2 to these Rules, and
(
b
) any fee which may be payable in connection with that application.
(5) Where an application for the continued registration of a pharmacist is not made within the period specified in paragraph (3)(
b
) then such application shall in addition be subject to the payment of a late fee.
(6) Subject to paragraph (7), an application within the meaning of this Rule shall only be valid if—
(
a
) in the case of an application for first registration, it complies with the provisions of paragraphs (1) and (2), or
(
b
) in the case of an application for continued registration, it complies with the provisions of paragraphs (3) and (4),
and, in the case of an application to which paragraph (5) applies, the prescribed late fee has been paid.
(7) Where a statutory declaration is required to be furnished as part of an application under this Rule, such may be submitted subsequently as a separate part of the application. An application shall not be deemed valid until both parts have been received by the Registrar.
Prescribed requirements for registration in the Register of Pharmaceutical Assistants
12. (1) Every application for continued registration in the Register of Pharmaceutical Assistants shall be made—
(
a
) in writing to the Registrar on a form available from the Council, and
(
b
) not later than 30 days before the date on which the applicant’s certificate of registration is due to expire,
and, shall be signed by the person seeking to be registered, whether in ink or by means of an electronic signature.
(2) Every such application shall contain or be accompanied by—
(
a
) the particulars specified in Schedule 3 to these Rules, and
(
b
) any fee which may be payable in connection with that application.
(3) Where an application is not made within the period specified in paragraph (1)(
b
) then such application shall in addition be subject to the payment of a late fee.
(4) With the exception of paragraphs (1)(
b
) and (3), this Rule shall also apply to those persons who, having passed the examination held under section 19 of the Pharmacy Act, (Ireland) (Amendment) Act 1890, did not, immediately before the coming into force of these Rules, have their names entered in the Register of Assistants to Pharmaceutical Chemists kept pursuant to the Pharmacy Act (Ireland) 1875 (as amended).
PART 4 CERTIFICATES OF REGISTRATION
Format of certificates of registration for pharmacists
13. (1) A certificate of registration issued pursuant to Section 20 of the Act to a registered pharmacist shall be designed in a format and manner which would reasonably be expected to prevent forgery, impersonation or unauthorised duplication and shall contain at least the following information—
(
a
) the person’s name as it appears in the Register of Pharmacists;
(
b
) the person’s registration number;
(
c
) the number of the certificate of registration which shall be a number unique to that certificate;
(
d
) the date of issue of the certificate of registration;
(
e
) the date of expiry of the certificate of registration;
(
f
) the Part of the Register of Pharmacists in which the person is registered;
(
g
) a photograph of the person affixed to the certificate in a manner which, in so far as practical, is tamper-proof; and
(
h
) a statement to the effect that the certificate be displayed, or kept readily available for inspection, at the place of practice, as may be required.
(2) In the case of a visiting pharmacist from another relevant state, paragraph (1)(
g
) shall be replaced by a statement that the person is a “visiting pharmacist from another relevant state entitled to provide the services of a registered pharmacist on a temporary and occasional basis”.
(3) Paragraph (1)(
g
) shall come into effect on January 1st 2010.
Requirement for and format of certificates of registration for pharmaceutical assistants
14. (1) As soon as practicable after a person’s name has been entered in or restored to the Register of Pharmaceutical Assistants, the Council shall issue a certificate of registration to that person.
(2) On continuing the registration of a pharmaceutical assistant the Council shall issue a certificate of continued registration to that person.
(3) A certificate of registration issued to a pharmaceutical assistant is current for a period of 12 months from the date of registration or restoration and in the case of continued registration, the certificate shall be current for the period of 12 months beginning with the day following the date of expiry of the immediately preceding certificate.
(4) A certificate of registration issued pursuant to this Rule, shall be designed in a format and manner which would reasonably be expected to prevent forgery, impersonation or unauthorised duplication and shall contain at least the following information—
(
a
) the person’s name as it appears in the Register of Pharmaceutical Assistants,
(
b
) the person’s registration number,
(
c
) the number of the certificate of registration which shall be a number unique to that certificate,
(
d
) the date of expiry of the certificate of registration,
(
e
) the date of issue of the certificate of registration,
(
f
) a photograph of the person affixed to the certificate in a manner which, in so far as practical, is tamper-proof; and
(
g
) a statement to the effect that the certificate be displayed, or kept readily available for inspection, at the place of practice, as may be required.
(5) Paragraph (4)(
f
) shall come into effect on January 1st 2010.
Format of certificates of registration for a retail pharmacy business
15. A certificate of registration issued, pursuant to Section 20 of the Act, in respect of a registered retail pharmacy business shall be designed in a format and manner which would reasonably be expected to prevent forgery, impersonation or unauthorised duplication and shall contain at least the following information—
(
a
) the name of the pharmacy owner;
(
b
) the business name of the pharmacy;
(
c
) the full postal address of the pharmacy premises;
(
d
) the registration number in the Register of Retail Pharmacy Businesses;
(
e
) the number of the certificate of registration which shall be a number unique to that certificate;
(
f
) the date of issue of the certificate of registration; and
(
g
) the date of expiry of the certificate of registration.
PART 5 REMOVAL FROM REGISTERS
Removal of Registration for failure to make application for continued registration
16. (1) Where a registrant has failed to apply for continued registration the Registrar shall, within 14 days of the last date for the receipt of the application for continued registration, issue a letter to the registrant, by way of a reminder of the need to make such an application.
(2) In the event that the registrant has not made application for continued registration and its associated certificate of continued registration by the date on which such registration and issue of the relevant certificate of registration should have been made, the Registrar shall, after the expiry of 14 days from that date, send a letter by ordinary pre-paid post, as a first demand that the required application for continued registration be made forthwith.
(3) In the absence of an application as aforesaid, the Registrar shall forthwith after the expiry of 14 days from the date of the first demand, send by registered post or other method of recorded delivery, a final demand that the required application for continued registration be made and advising that—
(
a
) no further warning will be given, and
(
b
) failure to make such application within 14 days of the date of the final demand will result in removal of registrant’s name from the relevant register.
(4) In the absence of receipt of an application for continued registration within 14 days of the date of the final demand, the Registrar shall cancel the registration, remove the name from the relevant register and advise the person concerned accordingly.
(5) In this Rule, where a letter is to be sent to a registrant, such letter shall be sent to the published address or to such other address as may have been notified by the registrant to the Registrar as being the address at which such person resides.
Removal of registration for failure to pay a fee
17. (1) Where a registrant has failed to pay a retention fee or a fee for recording a change in the relevant Register, the Registrar shall, within 14 days of the date on which the relevant fee was due, send a letter by ordinary pre-paid post, as a first demand requesting that the relevant fee be paid.
(2) In the absence of payment of the relevant fee, the Registrar shall after the expiry of 14 days from the date of the first demand, send by registered post or other method of recorded delivery, a final demand that the relevant fee be paid and advising that—
(
a
) no further warning will be given, and
(
b
) failure to pay such fee within 14 days of the date of the final demand will result in removal of registrant’s name from the relevant register.
(3) In the absence of receipt of the relevant fee within 14 days of the date of issue of the final demand, the Registrar shall cancel the registration, remove the name from the relevant register and advise the person concerned accordingly.
(4) In this Rule, where a letter is to be sent to a registrant, such letter shall be sent to the published address or to such other address as may have been notified by the registrant to the Registrar as being the address at which such person resides.
PART 6 THIRD COUNTRY QUALIFICATIONS AS PHARMACISTS
Recognition of third country qualifications as qualifications appropriate for practice
18. (1) Subject to the provisions of this Rule, the Council may recognise as a qualification appropriate for practice in the State, qualifications as a pharmacist obtained in a country that is not a relevant state, provided that such recognition respects the minimum training conditions laid down in Article 44 of the Professional Qualifications Directive.
(2) Where the Council receives an application under this Part from a person holding a qualification as a pharmacist obtained in a country that is not a relevant state and it appears to the Council that such qualification may conform to the minimum training conditions referred to in paragraph (1), the Council shall—
(
a
) so as to inform itself about the standard of training, education, examinations and qualifications obtained by the applicant in acquiring his or her qualification as a pharmacist, require the applicant to complete an examination prescribed by the Council. Such examination shall also take into account any other relevant training undergone or experience gained;
(
b
) where it has any doubt about a matter relating to the standard of training, education, examinations and qualifications obtained by the applicant in acquiring his or her qualification as a pharmacist, require the person to complete an adaptation period, which shall be not less than six months in duration; and
(
c
) require such person to pass the Professional Registration Examination.
(3) Where a person has satisfactorily completed the requirements set out in paragraph (2), the person shall be regarded as having a qualification appropriate for practice in the State and the Council shall issue an appropriate certificate to the applicant to that effect.
Applications for recognition of third country qualifications as qualifications appropriate for practice
19. (1) Every application for recognition of a qualification as a pharmacist obtained in a country other than a relevant state shall be made in writing to the Registrar, on a form provided by the Council and shall be signed by the person making the application.
(2) Every such application shall contain or be accompanied by—
(
a
) the particulars specified in Schedule 4, and
(
b
) any fee that may be payable in connection with that application.
(3) Where the Council considers it necessary, it shall be entitled to require—
(
a
) verification of anything contained in the application,
(
b
) verification of the level of the applicant’s qualification as a pharmacist on the National Qualifications Framework or such other framework as may for the time being be in use in the State, or
(
c
) the supply of further information in relation to the application.
Rule 11(2)
SCHEDULE 1 Particulars to be contained in or to accompany an application for registration in Part A of the Register of Pharmacists
The Council of the Pharmaceutical Society of Ireland, in exercise of the functions conferred on the said Society by
section 11
of the
Pharmacy Act 2007
(No. 20 of 2007), hereby makes the following rules.
Dated this 28 day of November 2008
BERNARD LEDDY
President
AMBROSE McLOUGHLIN
Registrar
I consent to the making of these Rules.
GIVEN under my Official Seal,
28 November 2008
MARY HARNEY,
Minister for Health and Children.
S.I. No. 494 of 2008
PHARMACEUTICAL SOCIETY OF IRELAND (REGISTRATION) RULES 2008
ARRANGEMENT OF REGULATIONS
PART 1
GENERAL PROVISIONS