Pharmacy Act, 1974 (Act No. 53 of 1974)

Board Notices

Rules Relating to the Services for which a Pharmacist may Levy a Fee and Guidelines for Levying such a Fee or Fees

Board Notice 385 of 2023

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Board Notice 385

27 January 2023

GG 47926

 

South African Pharmacy Council

 

The South African Pharmacy Council herewith publishes Rules relating to the services for which a pharmacist may levy a fee and guidelines for levying such fee or fees, in terms of sections 35A (b)(iii) and 49(4) of the Pharmacy Act, 1974 (Act 53 of 1974) as amended, which rules shall replace the existing Rules relating to the services for which a pharmacist may levy a fee and guidelines for levying such fee or fees, as published under Board Notice 193 on 20 December 2010. These rules must be read in conjunction with the Rules relating to Good Pharmacy Practice (GPP) as published by the South African Pharmacy Council.

 

As amended by

BN 33, in GG 35095 of 2 March 2012

BN 432, in GG 40812 of 6 June 2017

BN 35, in GG 42337 of 29 March 2019

BN 27, in GG 43073 of 6 March 2020

BN 69, in GG 44822 of 9 July 2021

BN 287, in GG 46471 of 3 June 2022

BN 294, in GG 46543 of 10 June 2022

 

Schedule

 

Services for which a pharmacist may levy a fee or fees

 

1.A pharmacist may levy a fee or fees for one or more of the services that may be provided in the various categories of pharmacies as prescribed in the Regulations relating to the practice of pharmacy (GNR. 1158 of 20 November 2000), subject to the guidelines for levying such a fee as approved by the Council from time to time.

 

2.A pharmacist who wishes to levy a fee or fees for the services referred to in Annexure B must comply with the provisions of these rules.

 

3.Services for which a pharmacist wishes to levy a fee or fees must be provided in accordance with regulation 20 of the Regulations relating to the practice of pharmacy (GNR. 1158 of 20 November 2000).

 

4.Council may add services for which a fee or fees may be levied as listed in Annexure B to the Schedule from time to time. The fee that may be charged for such a service may be based on a fee for a comparable service or procedure appearing in Annexure B.

 

5.A pharmacist must ensure, when a service for which he or she wishes to levy a fee or fees involves the supply of medicine, whether supplied on a prescription or not, that the patient for whom such medicine is supplied is furnished with adequate advice or information for the safe and effective use of the medicine(s) supplied by him or her, whether such medicine(s) is supplied personally (face-to-face) or by any other means.

 

6.Services for which a pharmacist may levy a fee or fees may not be advertised in any manner that—
(a)is not factually correct;
(b)is misleading;
(c)harms the dignity or honour of the pharmacy profession;
(d)disparages another pharmacist;
(e)is calculated to suggest that his or her professional skill or ability or his or her facilities or that of the pharmacy owner, as the case may be, for practising his or her profession or rendering the service(s) concerned are superior to those of other pharmacists.

 

7.A pharmacist may not tout or attempt to tout for services for which he or she wishes to levy a fee or fees.

 

8.A pharmacist may not levy a fee or fees for a service for which he or she is not trained or for which prior authorisation from the Council is required before he or she may provide such service(s) until such authorisation is obtained. Acceptable documentary evidence of training, experience or competence, must be provided if and when required by the Council, which could include but shall not be limited to—
(a)the successful completion of further education and training at a provider accredited by a competent authority; or
(b)practical experience gained under controlled circumstances and the mentorship of a competent person or authority; or
(c)the successful completion of continuing professional development (CPD) courses offered by a provider accredited by a competent authority.

 

9.A pharmacist may provide anyone or more of the services referred to in Annexure B without levying a fee or fees.

 

10.A pharmacist who wishes to levy a fee or fees for the services referred to in Annexure B must inform patients regarding the fee to be levied prior to providing any of the services listed in the schedule.

 

11.A pharmacist who wishes to levy a fee or fees for the services referred to in Annexure B must display a list of services and fees conspicuously in the pharmacy.

 

12.A pharmacist who wishes to levy a fee or fees for the services referred to in Annexure B must indicate clearly on the invoice and/or receipt provided, the service for which a fee is levied and the amount of the fee per service.

 

Guidelines for the levying of a fee or fees

 

13.The guidelines published herewith as Annexure A shall constitute the only guidelines for levying a fee or fees for any one or more of the services referred to in Annexure B.

 

VM Tlala

Registrar