Pharmacy Act, 1974 (Act No. 53 of 1974)Board NoticesRules Relating to the Services for which a Pharmacist may Levy a Fee and Guidelines for Levying such a Fee or FeesBoard Notice 65 of 2009 |
Notice 65 of 2009
The South African Pharmacy Council
The South African Pharmacy Council intends, in terms of sections 35A (b)(iii) and 49(4) of the Pharmacy Act, 1974 (Act 53 of 1974) as amended, to make the rules in the Schedule, 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 18 on 23 February 2007. These rules must be read in conjunction with the Rules relating to Good Pharmacy Practice (GPP) as published by the South African Pharmacy Council.
Interested persons are invited to submit, within 30 days of publication of this notice, substantiated comments on or representations regarding the rules relating to the services for which a pharmacist may levy a fee and guidelines for levying such a fee or fees to the Registrar, The South African Pharmacy Council, Private Bag 40040, Arcadia, 0007, or Fax (012) 326 1496 or email: [email protected] or [email protected].
Interested persons who have made written submissions to the Registrar may on appointment or on the request of Council, make oral presentations to Council between 1 July 2009 and 3 July 2009.
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 published by 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 prior to levying a fee or fees. |
| 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) and the Rules relating to Good Pharmacy Practice. |
| 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 or the patient's caregiver, 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) | suggests or is calculated to suggest that his or her professional skill or ability is superior to that of other pharmacists; |
| f) | suggests or is calculated to suggest that the facilities where the services are provided are superior to those of other pharmacists or pharmacies. |
| 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 which he or she is not competent to perform or for which prior authorisation from the Council is required before he or she may provide such service(s). Acceptable documentary evidence of appropriate 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 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 regardil1g the fee to be levied prior to providing any of the services. |
| 11) | A pharmacist who wishes to levy a fee or fees for the services referred to in Annexure B must display a list of such 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 or receipt provided, the service for which a fee is levied and the amount of the fee or fees levied 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 anyone or more of the services referred to in Annexure B. |