Pharmacy Act, 1974 (Act No. 53 of 1974)Chapter V : Disciplinary Powers of the Council45. Penalties the council may impose |
| (1) | Any person registered under this Act who, after an inquiry held by the council in accordance with the provisions of this Chapter, has been found guilty of improper or disgraceful conduct, or conduct which when regard is had to such person's profession is improper or disgraceful, shall be liable to one or other of the following penalties: |
| (a) | a reprimand or a caution or a reprimand and a caution; or |
| (b) | suspension for a specified period from practising or performing any acts forming part of his or her scope of practice as prescribed in terms of this Act; |
| (c) | removal of his name from the register. |
| (d) | a fine not exceeding the amount determined by the Minister from time to time by notice in the Gazette. |
| (2) | When the council has imposed one or other of the penalties referred to in subsection (1) the registrar shall cause to be published in the Gazette the name of the person concerned, the nature of the conviction and the penalty imposed. |
| (3) | Any person aggrieved by a finding of or penalty imposed by the council in terms of this section, may, after notice to the council and within a period of two months after the date of such finding or the imposition of the penalty, appeal to the provincial or local division of the Supreme Court of South Africa having jurisdiction in the area wherein the appellant normally practises in the capacity in which he is registered, against such finding or penalty, and the provisions of section 24 shall apply mutatis mutandis to such an appeal: Provided that no finding of or penalty imposed by the council shall be set aside by reason only of an irregularity which did not embarrass or prejudice the appellant in answering the charge or in the conduct of his defence. |
| (4) | The council may, if it deems fit, and subject to such conditions (if any) as it may determine- |
| (a) | terminate any suspension under subsection (1) before the expiry of the specified period; or |
| (b) | on payment of the prescribed fee restore to the register any name removed therefrom in terms of subsection (1). |