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Table 6 Summary of provisions (text) relating to pharmacy premises and business of retail in Act 857 (2013) [9, 25]

From: Pharmacy premises licensing policy formulation: experience from Ghana

Health Professions Regulatory Bodies Bill, 2010 provisions modified or deleted in Act 857

Provisions of the Health Professions Regulatory Bodies Bill, 2010 maintained in Act 857

Provisions excluded in Bill, 2010 but included in Act 857

Functions of the Council: Clause 69

(c) ‘register practitioners and licence premises in the public and private sectors

modified to

Functions of the Council: Clause 80

(c) ‘register practitioners

Functions of the Council: Clause 69 (Bill) and Clause 80 (Act 857)

(d) ensure the equitable and accessible distribution of pharmaceutical premises

License for wholesale supply of restricted medicines: Clause 95

(1) ‘A person shall not carry on the business of the wholesale supply of restricted medicines unless that person has a licence for the wholesale supply of restricted medicines.

(2) ‘The Board may grant a licence for the wholesale supply of restricted medicines subject to conditions which may prohibit or limit the supply of restricted medicines of a particular description.

(3) ‘A promotional or marketing office where a person intends to engage in the wholesale pharmacy business shall be licensed and supervised by a registered pharmacist

Functions of the Council: Clause 69

(e) ‘monitor and inspect pharmacy premises and other premises where pharmaceutical care is provided

modified to

Functions of the Council: Clause 80

(e) ‘monitor and inspect pharmacy practice where pharmaceutical care is provided

Licensing of corporate bodies: Clause 84 (Bill) and Clause 93 (Act 857)

‘(1) The Board may grant a licence to a body corporate or a government institution if satisfied that (a) the applicant is fit to carry on the business of mixing, compounding, preparing or supplying restricted medicines by retail, and (b) the business of the applicant is carried on under the supervision of a superintendent pharmacist

Licensing of corporate bodies: Clause 84

‘(1b) the applicant’s business is carried on under the supervision of a superintendent pharmacist

modified to

Licensing of corporate bodies: Clause 93

(1b) the business of the applicant is carried on under the supervision of a superintendent pharmacist

Power of closure: Clause 99 (Bill) and Clause 108 (Act 857)

‘(1) An inspector may close premises that sell or supply restricted medicines where there are grounds to believe that a health hazard may exist on the premises or where there are unlicensed

Entry of premises: Clause 97

(a) to inspect the registration of a pharmacist, pharmaceutical care providers or the licence of premises

modified to

Entry of premises: Clause 106

(a) to inspect the registration of a pharmacist, pharmaceutical support staff or pharmaceutical company

Regulations: Clause 101 (Bill) and Clause 111 (Act 857)

(e) prescribe conditions including the type of premises for the issue of general and limited licence of the Council

Supervision of pharmacy: Clause 77

‘A person shall not open or permit any other person to open premises to the public under the description of ‘pharmacy’, ‘dispensary’, ‘chemist’, ‘drug store’ or any other similar description unless a registered pharmacist is on the premises to supervise the dispensing of medicines or medication’

moved to

Offence: Clause 110 (c) and text maintained

Interpretation: Clause 102 (Bill) and Clause 112 (Act 857)

‘‘premises’ includes pharmacy premises or other facility authorized for practitioners under this Part and a pharmacy department of a hospital, clinic, a house, building, structure, tent, caravan, land, ship, boat, an aircraft mechanically propelled device and other place or facility in which pharmaceutical services are offered.’

Licensing of premises: Clause 83—Deleted