Unauthorised person acting as pharmacist
Open ↗28.—(1) Subject to sections 70 and 71, an unauthorised person shall be guilty of an offence if the person —(a)
practises pharmacy;
(b)
wilfully and falsely pretends to be a duly qualified pharmacist;
(c)
practises pharmacy or any branch of pharmacy, under the style or title of a pharmacist or under any name, title, addition or description implying that the person holds any diploma or degree in pharmacy or in any branch of pharmacy;
(d)
takes or uses the name or title of pharmacist, pharmaceutical chemist, druggist, apothecary, or any other word in any language having the same meaning or with similar intent;
(e)
takes or uses any name, title, sign, uniform, badge, or any other addition or description implying, whether in itself or in the circumstances in which it is used, that the person is qualified to practise as a pharmacist; or
(f)
advertises or holds himself or herself out as a pharmacist.
(2) It is a defence to a prosecution under subsection (1)(a) if the defendant proves that he or she did not in any way represent himself or herself as a duly qualified or registered pharmacist.
Liability of employer, etc., for practice of pharmacy in contravention of section 28
Open ↗29.—(1) Where an offence is committed under section 28 by any unauthorised person acting as an employee, an agent or a partner of another person, that other person shall also be guilty of an offence.
(2) It is a defence to a prosecution under subsection (1) if the defendant proves that the firstmentioned offence was committed without the defendant’s knowledge and that the defendant has taken all reasonable precautions and exercised due diligence to prevent the commission of that offence by the unauthorised person.
Liability of registered pharmacist for allowing another to act in contravention of section 28, etc.
Open ↗30.—(1) A registered pharmacist who allows an unauthorised person to practise pharmacy in contravention of section 28 on any premises used by or under the control of that registered pharmacist shall be guilty of an offence.
(2) A registered pharmacist who, by his or her presence, countenance, advice, assistance or cooperation, has knowingly enabled an unauthorised person, whether described as an assistant or otherwise, to practise pharmacy in contravention of section 28 shall be guilty of an offence.
(3) It is a defence to a prosecution under subsection (1) or (2) if the defendant proves that —(a)
the commission of the offence was due to a mistake on the defendant’s part or to reliance on information supplied to the defendant or to the act of another person or some other cause beyond the defendant’s control; and
(b)
the defendant took all reasonable precautions and exercised due diligence to prevent the commission of the offence.
(4) A registered pharmacist who practises pharmacy on any premises on which any unauthorised person practises pharmacy in contravention of section 28, knowing or having reason to believe that that person was practising pharmacy on those premises in contravention of section 28, shall be guilty of an offence.
Suspended persons not to practise pharmacy during period of suspension
Open ↗31.—(1) Any person whose registration as a pharmacist under this Act has been suspended under Part 6 must not practise pharmacy during the period of his or her suspension.
(2) Any person who contravenes subsection (1) shall be guilty of an offence.
False assumption of title of specialist
Open ↗32.—(1) A person other than a specialist registered under section 18 who has in force a practising certificate must not take or use —(a)
the name or title of specialist, or any other word in any language having the same meaning or with similar intent; or
(b)
any name, title, sign, uniform, badge, or any other thing implying that the person is qualified to practise any specialised area of pharmacy defined by the Specialists Accreditation Board under section 37.
(2) Any person who contravenes subsection (1) shall be guilty of an offence.
(3) A registered pharmacist who is not registered under section 18 as a specialist in a branch of pharmacy must not —(a)
practise pharmacy or that branch of pharmacy under the style or title of a specialist in that branch of pharmacy, or under any name, title, addition or description implying that he or she is such a specialist or has any degree, qualification or experience in that branch of pharmacy; or
(b)
advertise or hold himself or herself out as a specialist in that branch of pharmacy.
(4) A registered pharmacist who contravenes subsection (3) may be subject to disciplinary proceedings under this Act.
Fraudulent registration, etc.
Open ↗33.—(1) A person must not —(a)
procure or attempt to procure registration as a pharmacist under this Act, a certificate of registration or a practising certificate, by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation, whether in writing or otherwise;
(b)
wilfully make or cause to be made any false entry in an appropriate register;
(c)
forge or alter a certificate of registration or a practising certificate;
(d)
fraudulently or dishonestly use as genuine a certificate of registration or a practising certificate which the person knows or has reason to believe is forged or altered; or
(e)
buy, sell or fraudulently obtain a certificate of registration or a practising certificate.
(2) Any person who contravenes subsection (1) shall be guilty of an offence.
Pharmacist to use only qualifications entered in register and approved title, etc.
Open ↗34.—(1) A registered pharmacist must not —(a)
use or exhibit or publish in any card, letter, stationery, nameplate, signboard, placard, circular, handbill or any notice displayed at the premises used by the registered pharmacist for the practice of pharmacy any qualification other than the qualifications which are entered in any register kept under this Act or which have been approved by the Council; or
(b)
use any title, addition or designation other than the title, addition or designation which has been approved by the Council.
(2) Any registered pharmacist who contravenes subsection (1) may be subject to disciplinary proceedings under this Act.
General penalty
Open ↗35. Any person who is guilty of an offence under section 28(1), 29(1), 30(1), (2) or (4), 31(2), 32(2) or 33(2) shall be liable on conviction to a fine not exceeding $25,000 and, in the case of a second or subsequent conviction for an offence under any of those sections, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
