Republic of the Phili
HOUSE OF REPRES|
Quezon City

18th CONGRESS
First Regular Session

House BILL No. 2346

Introduced by REP. EVELINA G. ESCUDERO

EXPLANATORY NOTE

This bill proposes to professionalize the practice of pharmacy by setting a national standard for the
profession, likewise creating a professional regulatory board to ensure excellent, globally competitive. and
accountable practice of the same

Pharmacy as a health profession links the health sciences with the chemical sciences and is charged with
ensuring the safe and effective use of pharmaceutical drugs. The scope of the pharmacy practice involves
traditional roles such as compounding and dispensing medications, but also includes more modern services
related to health care, including clinical services. reviewing medications for safety and efficacy, and providine
drug information. Pharmacists, therefore, are and should be experts on drug therapy, and are the primary health
Professionals who optimize the use of medication to provide patients with positive health outcomes Education
and experience in the field should therefore be underscored

‘This bill seeks to address the competency needs of the profession and also curb both unintentional and
intentional harm that may be caused by an unregulated practice. This proposed measure will fulfill this objective
through the

Definition of the scope of nature and regulations of the professional practice of pharmacy:
Creation of the Professional Regulatory Board of Pharmacy:

Setting up of criteria or qualifications for the licensure of practitioners, and

Imposition of penalties for violators of this Act

awne

In view of the foregoing, the passage of this bill is eamestly sought

EVELINA G. ESCUDERO.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18th CONGRESS
First Regular Session

House pitt No, 2346

Introduced by REP. EVELINA G. ESCUDERO.

AN ACT
REGULATING THE PRACTICE OF PHARMACY IN THE PHILIPPINES, REPEALING FOR THE
PURPOSE REPUBLIC ACT NO. 5921, THE PHARMACY LAW, AS AMENDED, AND FOR OTHER
PURPOSES.

fhe it enacted by the Senate and the House of Represematives of the Republic of the Philippines in
Congress assembled:

ARTICLE

GENERAL PROVISIONS
SECTION

~ Title. - This Act shall be known as the “Philippine Pharmacy Act”

SEC. 2. ~ Statement of Policy. The state recognizes the vital role of pharmacists in quality healthcare
delivery through their services in providing safe, effective, and quality drugs or medicines. drug information
Patient medication counseling, and health promotion. The pharmacists’ professional service shall. therefore, be
Promoted as a component of the total healthcare system, which shall ensure the physical well-being of the
Filipinos

Hence, the state shall develop and nurture competent, productive, morally upright, and well-rounded
Pharmacists whose standards of professional practice and service shall be excellent, qualitative. world-class ancl

intemationally recognized, globally competitive through regulatory measures, programs, and activities that
foster their continuing professional development.

SEC. 3. ~ Objectives. - This Act provides for. and shall govern

(a) _the standardization and regulation of pharmacy education,

(b) the examination for registration of graduates of schools and colleges of pharmacy,

(©) the supervision, control, and regulation of the practice of pharmacy in the Philippines

(4) the enhancement of professional competence through continuing professional development
research, and other related activities and

(e) the integration of the pharmacy profession

SEC. 4. ~ Definition of Terms, ~ For purposes of this Act, the term


(a) Biologic Products are microorganisms, sera, toxins and similar products used for the
Prevention or cure of human diseases.

(b) Brand Name means the proprietary or trade name given by the manufacturer to distinguish its
product from those of the competitors.

(c) Cipher means a method of secret writing that substitutes other letters or characters for the letter
intended or transpose the letter after arranging them in blocks or squares

(4) Code means a system of words or other symbols arbitrarily used to represent words

(e) Compounding is the preparation, mixing, assembling, packaging, or labeling of a drug (i) as the
result of a prescription or drug order by a physician, dentist. optometrist, or veterinarian, based
on the said practitioner-patient-pharmacist relationship in the course of professional practice. or
(1i) for the purpose of, or in relation to, research, teaching, or chemical analysis and not for sale
‘or dispensing,

(0) Cosmetics are (1) products intended to be applied, poured, sprinkled, or sprayed on, introduced
into, or otherwise applied to the human body, or any part thereof for cleansing, beautifying,
Promoting attractiveness or improving the appearance, or (ii) ingredients or other substances
intended for use as a component of any such product

(8) Counterfeit drug/medicine pharmaceutical refers to medicinal products with the correct
ingredients but not in the amounts as provided, wrong ingredient, without active ingredients,
with insufficient quantity of active ingredient, which result in the reduction of the drug's safety,
efficacy, quality, strength or purity. It is a drug that is deliberately and fraudulently mislabeled

with respect to identity and/or source or with fake packaging, and can apply to both branded
and generic products. It shall also refer to

(0) the drug itself or the container or labeling thereof or any part of such drug, container, or
labeling bearing without authorization the trademark, trade name or other identification
‘mark or imprint or any likeness to that which is owned of registered in the Bureau of
Patent, Trademark and Technology Transfer (BPTTT) in the name of another natural or
juridical person,

(11) a drug product refilled in containers by unauthorized persons if the legitimate labels or
marks are used,

(iii) an imported drug product not registered with the Food and Drug Administration (FDA)
except drugs brought in the country for personal use as confirmed and justified by
accompanying medical records, and

(iv) a drug which contains no amount of a different active ingredient or less than eighty
Percent (80%) of the active ingredient it purports to possess as distinguished from an
adulterated drug including reduction or loss or efficacy due to expiration

(h) Dangerous drugs include those listed in the Schedules annexed to the 1961 Single Convention
on Narcotic Drugs as amended by the 197 Protocol. and in the Schedules annexed to the 197)
Single Convention on Psychotropic Substances as enumerated in the attached annex in
Republic Act No. 9165, which is an integral part of the Act

(8) Devices refers to any instrument, apparatus, implement, machine, implant, in vitro reagent or
calibrator, software, material or other similar or related article


(a) intended by the manufacturer to be used, along or in combination, for human beings for one
‘or more of the specific purpose(s) of

(i) diagnosis, prevention, monitoring, treatment, alleviation of diseases

of diseases,

(ii) diagnosis, monitoring, treatment, alleviation of or compensation for an injury
(in) investigation, replacement or modification or support of the anatomy of a physiological

process,
(vy)
W)
(vi)
(ii)

supporting or sustaining life,
control of conception,
disinfection of medical devices,

Providing information for medical or diagnostic purposes by means of an in vitro
examination of specimen derived from the human body, and

(6) which does not achieve its primary intended action in or on the human body by
pharmacological, immunological or metabolic means, but which may be assisted in their intended
function by such means

()_ Dispensing is a process whereby a pharmacist receives and checks a valid prescriber's
medication order or prescription, and makes available drugs and medicines, with advice on
their proper use and other relevant information,

(k) Drugs and Medicines refer to chemical compounds or biological substances, other than food,
intended for use in the treatment, prevention or diagnosis of disease in humans or animals.
including but not limited to:

a

(ii)

(iii)

(iv)

«)

any article recognized in the official United States Pharmacopoeia,-National Formulary,
official Homeopathic Pharmacopoeia of the United States, Philippine Pharmacopoeia,
Philippine National Drug Formulary, British Pharmacopoeia, European Pharmacopoeia,
Japanese Pharmacopoeia, and any official compendium or any supplement to them:

any article intended for use in diagnosis, cure, mitigation, treatment, or prevention of
disease of man and animals,

any article other than food intended to affect the structure or any function of the human
body or animals;

any article intended for use as a component of articles specified in clauses (i). (ii). and
({it) not including devices or their components, parts, accessories, and.

herbal and/or traditional drugs which are articles of plant or animal origin used in folk
medicine which are: (a) recognized in the Philippine National Drug Formulary. (b)
intended for use in the treatment, or cure or mitigation of disease symptoms, injury or
body defects in humans, (c) other than food, intended to affect the structure or any
function of the human body, (d) in finished or ready-to-use dosage form, and (e)
intended for use as a component of any of the articles specified in clauses (a), (b), (c) oF
(a)

(1) Drug or Pharmaceutical Laboratory or Pharmaceutical Manufacturing Laboratory means an
establishment where pharmaceutical products, proprietary medicines, or pharmaceutical

specialties are formulated, prepared, compounded, and s

(m) Drug Establishments means FDA-registered companies involved in the manufac

indardized.

importation, repacking, and/or distribution of drugs or medicines,


(n) Drug Outlets refer to drugstores, pharmacies, and other business establishments which are
registered with the FDA and which legally sell drugs and medicines

(0) Drugstore or Pharmacy means a place or establishment licensed by FDA where drugs.
chemicals, pharmaceutical products, specialties, and devices are legally sold at retail or
wholesale and where medical, dental, and veterinary prescriptions are compounded and
dispensed.

(p) Expiration Date means the date after which the product is not expected to possess its claimed
potency, efficacy, quality, and safety, and after which it is not legal to sell or distribute or use
the said product

(q) Filling of a prescription refers to the act of dispensing or giving out of medicines in accordance
with the doctor's order

(1) Household Remedies shall refer to any preparation containing pharmaceutical substances of
‘common or ordinary use to relieve common physical ailments which may be dispensed without
medical prescription in original packages, bottles or containers, the nomenclature of which
has been duly approved by FDA in the process of registration as defined in FDA AO No 115
1991)

(3) Generic Name means the scientifically and intemationally recognized name of the active
ingredient/s as approved by the Food and Drug Administration

(Y Label means a display of written, printed or graphic information upon the immediate container,
or attached to or accompanying any pharmaceutical products

(u) Labeling means all labels and other written, printed, or graphic matter (1) upon any item or any
of its containers or wrappers or (2) accompanying any such item

(¥) Over-the- counter drugs are drugs used for symptomatic relief of minor ailments which may be
dispensed without a prescription

(w) Pharmaceutical products or Pharmaceutical specialties are drugs, preparations, or mixture of
drugs under a brand or generic name and intended for the cure. mitigation, treatment. or
Prevention of disease in man or animals

(x) Pharmacist-only over-the-counter drugs are FDA-classified over-the-counter drugs and/or
substances which should only be obtained from the drugstore or pharmacy with mandatory
pharmacist’s advice on their selection and proper use

(y) Person includes an individual, partnershi

corporation, or any juridical entity

(2) Pharmaceutical marketing means any activity undertaken, organized or sponsored by a druz
establishment which is directed at promoting the prescription, recommendation. suppl.
administration or consumption of its pharmaceutical product(s) through direct personal contact
and all media, including the internet

(aa) Pharmacy Assistants are those persons who assist pharmacists in dispensing medicines in
community, hospital, industrial settings and in other activities, such as, but not limited to
medical missions, under the supervision of the pharmacist and as described in Sections 17 and
42 of this Act

(bb) Physician's samples refer to medicines given to a physician for free for promotional. purposes


(cc) Prescription drugs are those drugs which can only be dispensed by a pharmacist to a patient
upon the presentation of a valid prescription from a physician, dentist, optometrist or
veterinarian and for which pharmacist’s advice on their proper use is necessary

(dd) Refilling of a prescription refers to the act of dispensing or giving out the remaining balance of
‘medicines ordered in the prescription when the whole quantity ordered is not yet completely
filled.

(ce) Secret Keys means a characteristic style or symbols kept from the knowledge of — others or
disclosed confidentially to a few individuals

SEC. 5. — Enforcement. - The Professional Regulatory Board of Pharmacy and the Professional
Regulation Commission are the body responsible for the implementation of the provisions of this Act

ARTICLE
THE PROFESSIONAL REGULATORY BOARD OF PHARMACY

SEC. 6. — The Board of Pharmacy and its Composition. - There is hereby created a Professional
Regulatory Board of Pharmacy, hereinafter called the Board, under the administration, control, and supervision
of the Professional Regulation Commission therem after called the Commission, composed of a Chairman and
four (4) members, each of which represent the areas of practice of community, hospital, manufacturing,
academe, and government service, who shall be appointed by the President of the Philippines from the
recommendees ranked by the Commission from the list of nominees submitted by the Accredited Integrated
National Organization for Pharmacists,

SEC. 7. ~ Qualifications of Board Members. ~ To be appointed as member of the Board of Pharmacy
a person shall be

(a) A citizen’of the Philippines and a resident for at least five (5) years,

(b) A duly registered pharmacist, preferably a holder of a Master of Science in Pharmacy, or its equivalent
degree and has been in the practice of pharmacy for at least ten years;

(c) Of good moral character with a valid certificate of registration, valid professional identification card and
Preferably with teaching experience, and preferably representing each field of practice,

(4) At the time of appointment, not a member of the faculty or administrative office of any school, collewe
or university offering degree programs in pharmacy nor connected in a review school or center. nor has

any direct or indirect pecuniary interests in any school, college, or any institution offering pharmacy.
and

(e) A member of good standing for at least five (5) years of the accredited integrated national pharmacy
association but, atthe time of nomination, not an officer or trustee thereof

SEC. 8.~ Term of Office of Board Members. - The chairman and the members of the Board shall hold
office for three (3) years after appointment or until their successors shall have been appointed and duly
qualified, Provided, the incumbent Board members shall finish their terms to complete the membership of the
Board. Provided, further, that the chairman or any member may be re-appointed for another term but in no case
shall he/she serve for more than six years

SEC. 9. ~ Compensation of the Board of Pharmacy. - As provided for in RA. No $981, known as the
“PRC Modemization Act of 2000”, the members of the Board shall receive allowances and benefits equivalent
to at least two salary grades lower than the salary grade of the Commissioner. while the chairman of the Board


shall receive @ monthly compensation equivalent to two steps higher than the members of the Board ‘The
chairman and members shall be entitled to other allowances and benefits provided under existing laws

SEC. 10. — Powers, Functions and Duties of the Board. ~ The Board shall exercise these specific
powers, functions, and duties

(a) Conduct licensure examination for pharmacists.

(b) Approve the registration of pharmacists and the certification of drug handlers as covered by Sec 42 of
this Act,

(c) Prepare, adopt, and issue the Table of Specifications for the subjects in the board licensure examination
for pharmacists in consultation with the academe; determine and prepare the questions therefor. score
and rate the examination papers with the name and signature of the Board member concerned appearing
thereon and submit the results in all subjects duly signed by the members of the Board to the
Commission no later than three (3) days from the last day of examination unless extended by the
Commission for justifiable cause/s,

(a) Review and/or amend the scope of licensure examination;
(e) Add, delete, modify the scope, definition and standards of practice of pharmacy,

(9 Reprimand any pharmacist, suspend, or revoke his/her certificate of registration on the grounds as
provided for in Sec. 46 hereof, after a formal administrative investigation,

(g) Promulgate from time to time the necessary rules and regulations for the effective enforcement of this
Act;

(h) Monitor the conditions affecting the practice of pharmacy in the Philippines and adopt measures that
may be deemed proper for the enhancement of the profession and/or the maintenance of high
professional, academic, ethical and technical standards;

(9) Verify of confirm the qualifications and conditions of pharmacists employed in drugstores. hospital
pharmacies, drug or pharmaceutical laboratories, drug traders, importers, cosmetics and medical device
establishments for which the Board may designate mspectors from the Food and Drug Administration
and other related institutions for such purpose,

Q) Investigate cases arising from violations of this Act, the rules and regulations Promulgated thereunder
and the Pharmacist’s Code of Ethics, technical standards, and other Board issuances and for this
Purpose, may issue summons, subpoena duces ad testificandum and subpoena duces tecum to the
espondents and/or witnesses to compel their attendance in such investigations or hearings Provided
that, the decision of the Board shall, unless appealed to the Commission, becomes final and executory
after fifteen (15) days from receipt of notice of judgment or decision;

(k) Cite a person in contempt for failure or refusal to obey the lawful order of the Board in accordance with
the Revised Rule of Court,

(D) Delegate the hearing or investigation of administrative cases filed before them whereat the hearing shall
be presided over by at least one (1) member of the Board concemed assisted by a Legal or Hearing
Officer of the Commission, provided that if the charge is not related to the technical practice of the
profession, the hearing may be conducted without a member of the Board:

(m) Conduct, through the Legal Officers of the Commission, summary proceedings on minor violations of
the respective regulatory laws, as determined by the Board. Violations of the rules and regulations


issued by the Board to implement this Act. including violations of the general instructions to
examinees committed by examinees, and render summary judgment thereon which shall, unless
appealed to the Commission, become final and executory after fifteen (15) days from receipt of notice
‘of judgment or decision,

(n) Subject to the final approval by the Commission, recommend registration without examination and the
‘issuance of corresponding certificate of registration and professional identification card to foreign
pharmacists duly licensed in countries with agreement of reciprocity with the Philippine government

(0) Prepare an annual report of accomplishments on programs, projects, and activities of the Board during
the year for submission to the Commission after the close of each calendar year including appropriate
recommendations on issues or problems affecting the practice of pharmacy,

(P) Issue and promulgate guidelines on continuing professional development education in coordination with
the accredited professional organization,

(q) Recommend to the CHED for the closure of the program or course of pharmacy offered by a
school/college pursuant to the latter’s policy thereon, and

(1) Perform any implied, incidental, necessary power for the effective implementation of this Act

SEC. 11. — Grounds for Suspension or Termination of Term of Office of the Chairman or Member of
the Board from his/her Office. - The President of the Philippines, upon the recommendation of the
Commission, after giving the Chairman or the member of the Board an opportunity to defend himself/herself in
an administrative investigation conducted by the Commission, may remove or suspend him/her on any of the
following grounds:

(a) Gross neglect, incompetence or dishonesty in the discharge of his/her duty;

(b) Violation of any of the causes/grounds/ and the prohibited acts provided in this Act and the offenses
in the Revised Penal Code, the Anti-Graft and Corruption Practices and other laws;

(©) Involvement in the manipulation, tampering or rigging of the licensure examination, its questions
and/or its results and the disclosure of classified and confidential information pertaining to the
licensure examination.

(4) Conviction of an offense involving moral turpitude by a court of jurisdiction.

‘The Commission, in the conduct of investigation shall be guided by Section 7, and Section 15 of R.A. No
8981 and the rules on administrative investigation thereof, and the applicable provisions of the New Rules
of Court.

ARTICLE 11
EXAMINATION, REGISTRATION, CERTIFICATION, AND LICENSURE

SEC. 12. - Passing of Licensure Examination Requirement. — Except as otherwise specifically
allowed under this Act, applicants for registration for the practice of pharmacy shall be required to pass
licensure examination as provided for in this Act and in accordance with Sec 7 (d) of R.A. No, 8981

SEC. 13. - Qualifications of Applicants. ~ An applicant for the licensure examination for pharmacy
shall satisfactorily show that he/she possesses the following qualifications

(a) Citizen of the Philippines or a foreign citizen whose country/state has reciprocity with the Philippines
the practice of pharmacy,



(b) Of good moral character and reputation;

(c) A holder of a Bachelor's degree in pharmacy duly recognized or accredited by the Commission on
Higher Education (CHED) and conferred by a school/ college/university duly authorized by the
government or its equivalent degree obtained by either a Filipino or foreign citizen from an institution of
learning in a foreign country/state, provided it 1s duly recognized and/or accredited by CHED,

(a) Not convicted of an offense involving moral turpitude by a court of competent jurisdiction, and

(e) He must have completed an Internship Program which shall consist of at least nine hundred sixty hours
(960 hours), six hundred hours (600 hours) of which shall be spent equally distributed in a community
pharmacy, hospital pharmacy, or pharmaceutical industry - manufacturing, regulatory, marketing, or
esearch ~ and other related fields, while three hundred sixty hours (360 hours) of internship shall be
spent in any of the accredited pharmacy establishments or entity chosen by the candidate

For this purpose, the abovementioned community pharmacy, pharmaceutical company, and hospital
Pharmacy shall keep a separate record of pharmacy students who underwent said intemship program
directly under their control and as a result thereof, shall issue the proper certificate of said hours of
internship It shall also be the duty of said establishments to submit semi-annually a complete report of the
names of those who have undergone training under their supervision and the corresponding number of hours
of internship credit of each of the pharmacy students to their respective colleges or schools and to the Board

SEC. 14. - Scope of Examination. ~ The licensure examination for pharmacists shall be divided into
two major divisions’ Pharmacy as Science and Pharmacy as Practice. Pharmacy as Science shall consist of
subjects in Group I (Public Health, Pharmaceutical Microbiology and Parasitology), Group Il (Drug Delivery
‘Systems, Physical Pharmacy, Manufacturing Pharmacy, Quality Control 1, Quality Control 11), Group III
(Pharmaceutical Biochemistry, Pharmacognosy, Plant Chemistry, and Philippine Medicinal Plants, Pharmacy
and Chemistry of Medicinals I and Pharmacy and Chemistry of Medicinals Il

Pharmacy as Practice shall be made up of the following subjects. Group IV (Pharmaceutical Calculations.
Hospital Pharmacy, Clinical Pharmacy, Dispensing and Medication Counseling), Group V (Biopharmaceutics
and Pharmacokinetics, Pharmacology I, Pharmacology II, Clinical Toxicology), and Group VI (Pharmaceutical
Jurisprudence and Ethics, Pharmaceutical Marketing and Entrepreneurship and Pharmaceutical Administration
and Management)

The subjects shall be weighed as follows: Group I, 10%; Group I, 20%; Group Ill, 20%, Group IV, 20%, Group
V, 20%, and Group VI, 10 %.

‘The Board subject to the approval by the Commission may introduce relevant changes, as the need arises, to the
content of the examination and the relative weight attributed to each subject in the examination may be made
after consultation with the duly recognized association of schools or colleges of pharmacy and the CHED

SEC. 1. — Holding of Examination. ~ Examination for registration to practice pharmacy in the
Philippines shall be given twice a year in such places and dates as the Commission may designate in the
Resolution thereof on the Master Schedules for all licensure examinations in accordance with Sec 7 (d) of RA
No. 8981. The said places and dates may be subject to change under valid circumstances and reasons

SEC, 16. — Ratings in the Licensure Examination, — In order to be registered and licensed as @
pharmacist, a candidate must obtain a general weighted average of seventy-five per cent (75%) or over with no
ratings of fifty percent (50%) in more than two (2) subjects.

SEC. 17. Registration and Licensure of Pharmacy Assistant. ~ A general weighted average below
75% but not lower than 70%, with no ratings of fifty percent (50%) in more than two subjects, shall qualify an
examinee to be registered and licensed by the Professional Regulation Commission to practice as a pharmacy



assistant who shall work under the supervision of a registered pharmacist. To be licensed as a pharmacist, a
Pharmacy assistant must pass succeeding board licensure examination for pharmacists with a general averaue
rating as provided in Section 16

SEC. 18.~ Report of Rating. ~The Board shall submit to the Commission the ratings obtained by each
candidate within ten (10) calendar days after the examination, unless extended for just cause Upon the release
of the results of the examination, the Commission shall send by mail the rating received by each examinee at
hushher given address using the mailing envelope submitted during the examination

SEC. 19.~ Oath of Profession. — All successful candidates in the licensure examination shall take their
cath of profession before the Chairman or any member of the Board or any authorized officer of the
Commission to administer oaths, prior to entering the practice of pharmacy

SEC. 20. ~ Issuance of Certificate of Registration and Professional Identification Card. ~ \
Certificate of registration shall be issued to those who are registered upon payment of fees prescribed by the
Commission. It shall bear the signatures of the Chairperson and the Commissioners of the Commission and the
Chairman and Members of the Board, stamped with the official seal of the Commission and of the Board,
certifying the person named therein is entitled to the practice of the profession with all the privileges
appurtenant thereto, Until revoked or suspended in accordance with this Act, it shall remain in full force and
effect

A professional identification card bearing the registration number and date, its validity and expiry duly signed
by the Chairperson of the Commission shall likewise be issued to every registrant who has paid the prescribed
fee. It shall be reissued upon compliance with the continuing professional development education requirement

as specified in Article IV, See. 27 (d) of this Act and upon payment of the prescribed three-year registration fees
therefor

SEC. 21. ~ Affixing RPh after a Registered Pharmacist’s Name. ~ Only pharmacists who are duly
Tegistered and licensed by the Board and the Commission has the right to affix this title, “Registered
Pharmacist” or “R Ph.” after his/her name

‘SEC. 22. ~ Grounds for Non-registration. — The Board shall not register any successful examinee for
registration who has been,

(a) Convicted of an offense involving moral turpitude by a court of competent jurisdiction,

(b) Found guilty of immoral or dishonorable conduct by the Board,

(c) Summarily adjudged guilty for violation of the General Instructions to Examinees by the Board,
(d) Declared of unsound mind by the court of competent jurisdiction, and

(e) Found addicted to dangerous drugs.

In refusing such registration, the Board shall give the applicant a written statement setting forth the reasons
therefor and shall file a copy in its records

SEC. 23. ~ Reissuance of Revoked Certificate of Registration, Replacement of Lost or Damaged
Certificate of Registration, Professional Identification Card or Temporary/Special Permit. — The Board may
'upon petition, reistate or reissue a revoked certificate of registration after two (2) years from the date of the
evocation of the certificate of registration or the surrender of the revoked certificate and/or the professional
identification card if still valid, to the Board and/or the Commission The Board may or may not require the
Pharmacist whose certificate had been revoked to take another licensure examination The petitioner shall prove


to the Board that he/she has valid reason/s to be reinstated to the practice of pharmacy. For the grant of his/her
Petition, the Board shall issue a Board Resolution subject to the approval of the Commission

Duplicate copy of lost or damaged certificate of registration, professional identification card or
temporary/special permit may be reissued in accordance with rules thereon and upon payment of the prescribed
fee therefor

SEC. 24, — Non-payment of the PRC Registration Fees - The Board shall suspend a registered
pharmacist from the practice of his/her profession for non-payment of the PRC registration fees for more than
three (3) consecutive years from its last or previous year of payment. The resumption of his/her practice shall
take place only upon payment of delinquency fees plus surcharges and interest and in accordance with the rules
of the Commission. The running of the three-year period may be interrupted upon written notice about the
discontinuance of his/her practice and surrender of his/her certificate of registration with professional
identification card to the Board and/or the Commission

SEC. 25, ~ Vested Rights: Automatic Registration ~ All pharmacists registered before the effectivity
of this Act shall automatically be registered hereunder, subject to the policy as to future requirements

Certificates of registration and professional identification cards or temporary/special permits held by such
persons in good standing at such effectivity shall have the same force and effect as though they were issued on
or after the said effectivity.

ARTICLE IV
REGULATION OF THE PRACTICE OF PHARMACY

SEC. 26. Scope of the Practice of Pharmacy. — A person deemed to be practicing pharmacy within
the meaning of this Article is one who shall, with or without a fee, salary, percentage or other rewards, paid or
given directly to himself or indirectly through another —

(a) Prepare, compound or manufacture, analyze, assay, preserve, store, distribute, sell and/or dispense any
medicine, drug, chemicals, cosmetics, pharmaceuticals, devices or contrivances used in pursuance
thereof, or

(b) render services, such as but not limited to (1) regulatory services, (ii) pharmaceutical marketing.
drug information service and (iv) medication management which covers the following: drug selection
and procurement, storage and distribution, dispensing, medication counseling and medication therapy
monitoring, whenever the expertise and the technical knowledge of the pharmacist is required. in any
drug establishment/outlet or healthcare institution or

(©) provide other services where pharmaceutical knowledge is required; or

(d) engage in teaching scientific, technical or professional pharmacy courses in a school or college of
pharmacy; or

(e) conduct or undertake scientific research in all aspects involving drugs and healthcare, or
(1) dispense drugs during medical missions and in other situations where supervision of drugs 1s required
All government and non-government agencies, establishments, institutions, and regulatory body with

functions that involve the practice of pharmacy shall be headed and managed only by a qualified. duly registered
and licensed pharmacist.


All pharmacists are expected to abide by current standards such as the Good Pharmacy Practice. Good
Laboratory Practice, Good Distribution Practice, Good Manufacturing Practice, and Good Clinical Practice
which are deemed vital in the performance of one’s roles and functions in different practice areas

The Board, subject to the approval by the Commission, may add to, delete, or modify the above acts.
services, or activities as the need arises.

SEC. 27. ~ Prerequisites for the Practice of Pharmacy. ~ A person can practice pharmacy in the
Philippines provided he/she

(a) has satisfactorily passed the licensure examination for pharmacists given by the Board and the
‘Commission,

(b) is duly registered with and licensed by the Board and the Commission,
(c) isan active member of the accredited integrated national professional organization,

(d) has submitted continuing professional development education units as required by the Continuing
Professional Education Council for pharmacists or pertinent laws and regulations for the renewal of
his/her professional identification card, and/or

(e) aholder of a valid temporary/special permit issued by the Board and the Commission to foreign licensed
pharmacists pursuant to this Act

SEC. 28. — Foreign Reciprocity. - No foreigner shall be allowed to take the licensure examination for
pharmacists, register, receive his/her certificate of registration and professional identification card, and practice
pharmacy in the Philippines unless the requirements for the licensure examination and registration and practice
of pharmacy imposed under the laws and the regulations in his/her foreign country or state are substantially the
same as those required and contemplated by the Philippine laws and regulations, and unless the said foreign
laws and regulations allow Filipino citizens to practice pharmacy within the territory of the said foreign

country/state on the same basis and grant the same privileges as those enjoyed by the citizens, subjects or
nationals thereof,

SEC. 29. — Practice through Temporary/Special Permit. ~ A temporary! special permit may be issued
by the Board subject to the approval of the Commission and payment of applicable fees to the following

(a) licensed pharmacists from foreign countries whose services whether for free or a fee

(1) if they are internationally renowned pharmacists or experts in any field or specialty of
pharmacy,

(2) if their services are deemed necessary for lack of specialists or experts in a particular field.

(b) licensed pharmacists from foreign countries or states whose services shall be for free and limited to
indigent patients as beneficiaries, or

(©) licensed pharmacists from foreign countries or states employed as visiting faculty in a field or specialty
‘of pharmacy.

‘The permit shall, among other things, contain these limitations and conditions for a period of no more than
‘one year, subject to renewal, the field or specialty of pharmacy, and the specific place of practice including
clinics, hospitals, and schools of pharmacy. The Board subject to the approval by the Commission shall
promulgate rules and regulations on the implementation of this particular Section


SEC. 30, — Indication of Numbers: Certificate of Registration, Professional Tax Receipt and
Accredited Integrated National Organization (AINO) Membership. ~ The pharmacist shall be required to
indicate on any document he/she signs, uses or issues in connection with the practice of pharmacy the following
information

(a) his/her registration number and date of issuance,
(b) the expiration date of his/her professional identification card,
(c) the Professional Tax Receipt (PTR) Number and date of issuance, and

(d) the certificate of AINO membership (annual/lifetime), number and the official receipt of payment,
number and date

SEC. 31. ~ Registry of Pharmacists, ~ The Board shall prepare and maintain a registry of the names,
residences and/or office addresses of all registered pharmacists which shall be updated annually in cooperation
with the Accredited Integrated National Organization (AINO), indicating therein the status of the certificate of
registration, professional identification card and Accredited Integrated National Organization (AINO)
membership, whether valid or inactive due to death, or other reasons, delinquent, suspended or with revoked
certificate of registration. The said registry of pharmacists shall be conspicuously posted within the premises of
the Commission and the information therein made available to the public upon inquiry or request

SEC. 32.~ Display of Certificate of Registration, — \t shall be the duty of every pharmacist engaged in
the practice of pharmacy either on his/her own account or under the employ of another to display his/her original
Certificate of registration in a prominent and conspicuous place in a retail drug outlet or drug establishment
which he operates or in which he/she is employed in his/her professional capacity as pharmacist No pharmacist
shall, with hishher knowledge, allow his/her certificate of registration to be displayed in such establishment
when he/she ts not actually employed or operating therein in his/her professional capacity.

SEC. 33. ~ Compounding and Dispensing. — No drug or pharmaceutical product of whatever nature
and kind shall be compounded, dispensed, sold or resold, or otherwise be made available to the consuming
Public except through a FDA-licensed retail drug outlet or other business establishments which are duly
established in accordance with the provisions of applicable laws

Prescription drugs and pharmacist-only over-the-counter drugs shall be dispensed only by registered
pharmacists

Prescription drugs shall be dispensed only upon presentation of a valid prescription

Compounding and dispensing by duly registered and licensed pharmacists shall be in accordance with current

good manufacturing practice, good laboratory practice, and good pharmacy practice, with the safety and
Protection of individual patients as ultimate objective

Licensed pharmaceutical manufacturers, importers and wholesalers are authorized to sell their products only to
duly licensed drug outlets, wholesalers and other drug establishments,

A registered and licensed pharmacist may refuse to compound, dispense or sell drugs and pharmaceutical
products, ifnot in accordance with this Act

SEC. 34. — Pharmacist Requirement and Compensation. ~ Every drug establishmenv/outlet selling
prescription and pharmacist only over-the-counter drugs whether owned by the government or a private person
or firm shall at all times when open for business be under the direct control, supervision, and responsibility of a
registered and licensed pharmacist. For retails outlets selling only over-the-counter drugs, they shall be under
the supervision of a registered and licensed pharmacist


Processes involving the preparation, quality control, or repacking of pharmaceutical products in
quantities greatly in excess of single therapeutic doses shall for each respective operation be under the direct and
immediate supervision of a registered and licensed pharmacist. In the sale of pharmaceutical products,
medicines and drugs, at wholesale, such business shall be conducted under the immediate supervision of a
registered and licensed pharmacist

All government and non-government agencies and units which handle the procurement and distribution
of drugs should have a supervising pharmacist. All rural health units dispensing medicines should be supervised
by a pharmacist or a pharmacy assistant as defined in this Act.

Pharmacists in government service shall receive a starting salary equivalent to Salary Grade 15 as
provided in R.A. 6758 (Compensation and Position Classification Act of 1989) and its amendments Those
pharmacists in the private sector shall receive an entry-level salary in peso equivalent of Salary Grade 15 being
received by government pharmacists.

SEC. 35. ~ Responsibility for Quality of Drugs, Cosmetics and Medical Devices. ~ \t shall be the duty
of the registered pharmacist of drug outlevestablishment to ensure that all drug products, cosmetics and medical
devices conform to standards of safety. quality and efficacy and strictly adhere to the guidelines as provided for
in this Act and other pertinent rules and regulations and issuances. Owners, managers, and/or pharmacists in
charge of the operation of drug outlets and drug establishments shall be held responsible

It shall be unlawful for any person to manufacture, prepare, sell or dispense any prescription drug,
Pharmaceutical, medical devices, or cosmetics under any fraudulent name, direction or pretense or to adulterate
any drug, pharmaceutical, medical devices, or cosmetics offered for sale Any drug, pharmaceutical product
medical device/s or cosmetics shall be held to be adulterated or deteriorated within the meaning of this section if
it differs from the standard or quality or purity given in the United States Pharmacopeia/National Formulary and
Philippine Pharmacopeia, in its latest edition, or any standard reference for drugs and medicines en official
Tecognition, and those which fall within the meaning as provided for in the Food Drug, Cosmetic and Devices
Act, R.A. No, 3720, as amended by pertinent laws and the Food and Drug Administration Act, RA 0711

In cases of drug products sold in their original packings, the seal of which has not been broken or
tampered with, the liability that may arise because of their quality and purity, rests upon the manufacturer or
Importer, the distributor, representative, or dealer who is responsible for their distribution or sale

SEC. 36. - Filling and Partial Filling of Prescription. All prescriptions shall be filled or compounded
only by a registered and licensed pharmacist following the standards of purity, safety and quality Completely
filled prescriptions should be surrendered to the pharmacist for recording

Partial filling of prescription is dispensing units less than the total quantity indicated in the prescription
The prescription should contain information as to how many units were served and shall be retumed to the buyer
after being recorded in the appropriate book or equivalent system. The drugstore, which completes the filling of
the prescription, shall keep the prescription on file for a prescribed period of time

SEC. 37. - Physician's sample. ~ Drugs, biologic products, devices or proprietary medicines, given or
intended to be given free to the physician and other qualified person by any manufacturer or distributor or its
medical representative/detailman as part of its program or promotion, should not be sold

The statement “Sample, not for sale” shall appear conspicuously on the container, package, or carton of the drug
or device to be given. It shall be unlawful to remove, erase, deface already marked original labels of samples

SEC. 38. ~ Prohibition against use of cipher or unusual terms in prescriptions and prescription
switching ~ Pharmacists should not compound or dispense prescriptions, recipes or formulas which are written

in ciphers, codes or secret keys or prescriptions of drugs using unusual names which differ from those in
standard pharmacopeias or formularies


The pharmacist dispensing or compounding prescriptions should not substitute the drug or drugs called
for in the prescription with any other drug or substance or ingredient without prior consultation with, and a
written consent of the person prescribing, except in accordance with RA 6675, known as the Generics Act of
1988, and other pertinent laws and regulations

SEC. 39. - Label of Dispensed Medicines. - Upon every box, bottle or package containing medicine
compounded or dispensed by a registered and licensed pharmacist based on prescription, there shall be pasted

affixed or imprinted a seal or label bearing, among others, name of patient, generic name of drug, brand name, if
any, strength, expiry date, directions for use, and name and address of drugstore and other requirements
prescribed by the Cheaper Medicines Act (RA 9502) and its implementing rules and regulations.

Every prescription which in its preparation contains any quantity of a drug, which 1s habit-forming, or a
derivative of such drug, shall have an auxiliary label or a notation, “Waming ~ May be habit forming” Such
Prescriptions should comply with the requirements of the R. A 9165, the Comprehensive Dangerous Drugs Act
of 2002, and any future amendments thereto

Filled prescription for external use shall bear the auxiliary label, “For External Use”

SEC. 40. - Record Books for Prescription. ~ All prescriptions dispensed in the drugstore shall be
recorded in the book or an equivalent recording system approved by FDA for this purpose indicating therein
‘among others, the prescription number, name of prescriber, generic name and brand, dosage strength, quantity of
drug. name of the patient and address, and initials of pharmacist. It shall be open to inspection by the proper
authorities at any time of the day when the pharmacy is open to the public and must be preserved for a period of
not less than two (2) years after the last entry in it has been made

All prescriptions shall be attached to the prescription book or compiled (for equivalent recording
system) and numbered consecutively and shall be preserved for the same period of time as required

All required information on dangerous drugs dispensed by a pharmacy shall be recorded in the
Dangerous Drugs book or an equivalent recording system as required by R.A. 9165

SEC. 41. Requirements for the Opening and Operation of Retail Drug Outlet or Establishment.
The minimum requirements necessary for the opening of retail drug outlet or establishment shall be in

accordance with the rules and regulations prescribed by the Food and Drug Administration in accordance with
the provisions of this Act.

The application for the opening of a retail drug outlet or other business establishments should not be
approved unless applied for by a Filipino registered pharmacist either as owner or as pharmacist-in-charize
pursuant to the provisions of this Act

SEC, 42. ~ Handling of Drugs by Persons Other than a Pharmacist ~ For the purpose of this sect
persons handling drugs other than the pharmacist are: professional medical representatives, pharmacy assistants,
pharmacy aides/clerks, and other persons who assist pharmacists in dispensing medicines or any other person
performing functions involving the handling of drugs and drug products. It is preferred that these positions are
occupied by those who finished pharmacy degree, not necessarily licensed as pharmacists and who has
undergone the prescribed training from a Commission-accredited provider

The professional medical representative or detailman is one who represents any duly authorized
‘manufacturer, distributor, trader and wholesaler of drugs, pharmaceuticals, biologic products and devices, whose
primary duty is to introduce said products to legitimate prescribers and which forms part of their program for
promotion by describing its use, composition, action, dosage, administration, contraindication, advantages and
other relevant information about the drugs being promoted


‘The pharmacy assistant 1s one who helps the pharmacist in compounding, dispensing of medicines and
giving of information on proper use of medicines while the pharmacy aide/clerk 18 involved in other aspects of
‘operation assigned by the pharmacist.

Any person who shall be employed or engaged as professional medical representative or pharmacy
aide/clerk shall undergo comprehensive standardized training programs approved by the Board with providers
approved and/or accredited by the Board in accordance with criteria established therefor

ARTICLE V
ACCREDITED INTEGRATED NATIONAL ORGANIZATION FOR PHARMACISTS.

SEC. 43. ~ The Accredited Integrated National Professional Organization (AINO) of Pharmacists

The pharmacists are integrated under one national accredited professional organization that is duly registered
with the Securities and Exchange Commission (SEC). The Board subject to the approval by the Commission
shall aceredit the said organization as the only integrated national organization for registered pharmacists (and
Pharmacy assistants). All pharmacists (and pharmacy assistants) whose names appear in the registry shall ipso
Facto or automatically become members thereof and shall receive all the benefits and privileges accorded to its
members upon payment of the required fees and dues. Membership to the foregoing shall not be a bar to
membership in any other association of pharmacists

SEC. 44. ~ Membership to the Accredited Integrated National Professional Organization. — All
registered pharmacists (and pharmacy assistants) must be members of the AINO and must maintain membership
throughout the duration of the practice of the profession. Professional identification card shall not be renewed if
the requirements for membership with AINO are not met including credit units for attendance to duly accredited
continuing professional development (CPD) education activities

SEC. 45. — Specialty Boards in Various Areas of Pharmacy Practice. — Specialty Boards created
within the affiliate organizations and societies for recognition of the AINO (1) for the Board, subject to the
approval of the Commissioner shall accredit specialties in various areas of practice, (2) setting standards of

Practice within different specialties, and (3) establishing qualifications and requirements for certification of
practitioners under each specialty

ARTICLE VI
VIOLATIONS, ADMINISTRATIVE SANCTIONS, AND PROCEDURES.

SEC. 46. ~ Revocation or Suspension of the Certificate of Registration and Cancellation of
Temporary or Special Permit. ~The Board shall have the power, upon notice and hearing to revoke of suspend
the certificate of registration of a registered pharmacist or to cancel a temporary or special permit granted to a
foreign pharmacist on the basis of the following

(a) Violation of this Act on unauthorized practice of pharmacy, violation of any provision of this Act,
the Rules and Regulations (RR) thereof, the Code of Ethics for Pharmacists, Code of Good
Governance, Code of Technical Standards for the practice of pharmacy. policy, and measure of the

Board and/or the Commission,

(b) Malpractice or gross incompetence: negligence, or imprudence resulting to death or injury of the
patient,

(©) __Dishonorable conduet and/or conviction by a competent court of any criminal offense involving

moral turpitude;

(d) Fraud or deceit in the acquisition of the certificate of registration, professional identifi
temporary/special permit or renewal of license,

tion card or



(e)

wy

(g)

(h)

a

0)

(k)

Ww

(m)
(n)

{o)

Display of certificate of registration of a pharmacist who is not actually employed in such an
establishment as required by law

Addiction to alcoholic beverages or to any habit-forming drug rendering him incompetent to
practice his/her profession;

Aiding or abetting the illegal practice of a non-registered and licensed person by allowing hinvher
the use of his/her certifieate of registration and/or professional identification card or his/her
special/temporary permit;

Acting as a dummy of an alien or a person who is not qualified to establish and operate a retail
drugstore;

Insanity or any mental disorder that would render the person incompetent to practice his/her
profession;

False, extravagant or unethical advertisements and product endorsements where the pharmacist’s
name, professional organization he/she represents, and similar information are used:

Manufacture, sale, offering for sale of counterfeit drugs and committing other acts in violation of
Sec. 4 of the Special Law on Counterfeit Drugs, R.A. No. 8203,

Megal manufacturing, sale, possession, dispensing of dangerous drugs and other pertinent acts in
violation of Dangerous Drugs Act, R.A. No. 9165;

Committing acts in violation of Sec. 6 of P.D. No. 881 on Hazardous Substances; and
Practicing pharmacy while under suspension
Practicing with an expired professional identification card

SEC. 47. ~ Non-renewal of license. - The following are the grounds for the non-renewal of

professional identification card

(a)
(b)

(c)

Refusal to join or to remain a member of good standing of the AINO,
Non-payment of annual registration fees for three (3) continuous years,

Non-compliance with the continuing professional development requirement, for the renewal of
his/her professional identification card; and

The Board shall periodically evaluate the aforementioned grounds and revise as the need arises subject to
the approval of the Commission

Any person, entity or organization may file charges according to the provision of this section against any
registrant, or the Board may investigate violation of any of the abovementioned causes. Affidavit of complaint
under oath shall be filed together with the affidavits of witnesses and other documentary evidence with the
Board through the Legal and Investigation Office The move to conduct an investigation shall be embodied in a
formal charge to be signed by at least a majority of the members of the Board. The rules on administrative
investigation issued by the Commission shall govern the hearing or investigation subject to applicable
Provisions of this Act, R.A. No. 8981 and its rules and regulations thereof, and Rules of Court


SEC. 48. - Administrative Investigation/Sanctions. ~ Administrative investigations shall be conducted
by the Board assisted by the Legal or Hearing Officer of the Commission. The existing rules of evidence shall
also be observed and applied during administrative investigations

If the Board, by a majority vote of the members, shall find that the charges are sustained by evidence
adduced, it may, at its discretion reprimand the respondent or revoke or suspend his certificate of registration

SEC. 49. - Procedure and Rules. ~The Board upon receipt of a formal complaint under oath against
‘any pharmacist shall furnish the latter a copy of the complaint, which shall be answered in writing within ten
(10) days from receipt thereof If the Board, after careful study of the records, finds that there

is a valid ground to the charge, it shall conduct a formal investigation and set the dates of the hearing
thereof For this purpose, a subpoena and/or subpoena duces fecum may be issued by the chairman of the Board
or by the Chief, Legal and Investigation Division. The investigation proceedings shall at all times be recorded
The investigation shall have been terminated and resolved within ninety (90) days from the time the first date of
hearing shall be set and heard.

SEC. 50. ~ Rights of Respondent. - ‘The respondent pharmacist is entitled to be heard or be
represented by counsel, to have speedy public hearing, to confront, and to cross-examine the witness or
witnesses against him; to summon and present witness or witnesses in his behalf, or to avail himself/herself of
any other process for the protection of his/her constitutional rights

SEC. $1. ~ Motion for Reconsideration. — \ motion for reconsideration within the prescribed period
‘may be made based on any of the following grounds

(a) Grave abuse of discretion by the Board,

(b) Findings not supported by substantial evidence, and Irregularity in the conduct of investigation.
SEC. 52. ~ Appeal/Finality of Decision, - The decision of the Board shall automatically become final
and executory fifteen (15) days from the appropriate service of the decision to the respondent, unless the
latter within the same period, has appealed the decision to the Commission; provided that said decision
of the Board and/or the Commission may be appealed to the Court of Appeals

ARTICLE VII
PENAL PROVISIONS

SEC. 53. - Penal Provisions. - Any person who shall violate any of the provisions of the practice of
pharmacy as defined in the following provisions of Article IV

Registration certificate (Section 32)

(a) Allowing the display of his/her registration certificate in an outlet or establishment by a pharmacist
where he/she is not employed

(b) Display of a pharmacist’s registration certificate by an outlet or establishment when the pharmacist is
not employed

Dispensing and compounding (Sections 27, 33, 38, 42)

(c) Dispensing done in, or offering for sale of prescription drugs in a place not licensed by FDA as drug
outlet


(d) Dispensing of prescription of and pharmacist-only over-the-counter drugs by a person other than a
registered pharmacist

(e) Dispensing of prescription drugs without presentation of a valid prescription

(8) Compounding of prescription drugs and pharmacist-only over-the-counter drugs done by a person other
than a pharmacist

(8) Selling of prescription and pharmacist-only over-the-counter drugs by manufacturers, importers, and
wholesalers to unlicensed drug outlets and other drug establishments

(hy Substitution of prescription drugs which are not generically equivalent to what was on the prescription
without the consent of the prescriber

(1) Compounding not in accordance with the current Good Manufacturing Practices and Good Pharmacy
Practice

G) Forcing, coercing or intimidating a registered pharmacist to compound or dispense drugs not in
accordance with this Act

(K) Preparation and compounding of pharmaceutical products in quantities greatly in excess of single
therapeutic doses without a registered pharmacist

(Non-compliance with the labeling requirement for dispensed medicines by a drug outlet
(m) Allowing pharmacy assistants to dispense without the supervision of a pharmacist
Requirement of Pharmacist (Sections 33,34, 36)

(n) EstablishmenVoutlet selling prescription and pharmacist-only over-the-counter drugs which opens for
business without a licensed pharmacist

(0) Compounding by a non-registered pharmacist or pharmacist with expired/tevoked/suspended license

(P) Filling of prescription by a non-pharmacist or by a non-registered pharmacist or pharmacist with
expired/revoked/suspended license

(@) Wholesale of pharmaceutical products without the direct and immediate supervision of a registered
pharmacist

(®) Rural Health Units dispensing prescription drugs and pharmacist-only over-the-counter drugs without
the supervision of a registered pharmacist Manufacturing and selling of pharmaceutical products under
Sraudulent name and address (Section 35) Adulteration and misbranding of drugs (Section 35)
Manufacturing and selling of unsafe and substandard drugs (Section 35) shall upon conviction thereof
be sentenced to a fine of not less than Two Hundred Fifty Thousand (Php250,000 00) Pesos but not
exceeding Five Hundred Thousand (PhpS00,000 00) Pesos and/or to an imprisonment of not less than
‘one year and one day but not more than six years, or both fine and penalty. at the discretion of the court

‘SEC. $4. - Other Penalties. - Any person who shall violate any of the following provisions of this Act

(a) Affixing of the title, R_Ph. by @ person who is not a pharmacist and a graduate of pharmacy degree who
is not registered with PRC (Section 21)

(b) Practice of pharmacy in the Philippines by a foreigner without special permit (Section 28)


(c) Non-indication by a pharmacist of his/her registration number and Professional Tax Receipt number in
official documents requiring such information (Section 30)

(d) Non-display of certificate of registration of a pharmacist in drug establishment requiring such (Secti
32)

(e) Non-display of certificate of registration of a pharmacist by an establishment/outlet (Section 32)
(0) Non-compliance with this Act’s provision on the required salary for a registered pharmacist (Section 34)
(g) Non-compliance by a pharmacist with the requirement on the filling of prescription (Section 36)

(h) Non-compliance by a registered pharmacist on the requirement for partially filled prescription (Section
36)

(i) Selling of physician's samples (Section 37)

() The removal, erasure and alteration of mark or label of physician's sample (Section 37)

(k) Non-compliance with the filling up of Record Books by a drug outlet (Section 40)

(1) Employment of persons in a pharmacy without the provision of the required traming (Section 42)

(m) Rendering dispensing-related services by non-pharmacists in a drug outlet without undergoing the
required training (Section 42) shall upon conviction thereof, be sentenced to a fine of not less than One
Hundred Thousand (Php100,000.00) Pesos but not exceeding Two Hundred Thousand (Php200,000.00)
Pesos or to an imprisonment of not less than Thirty (30) days but not more than One (1) year. or both fine
and penalty at the discretion of the court

Any person other than the citizens of the Philippines having been found guilty of any violation as
Provided for in this and the preceding section shall, after having paid the fine or having served his sentence
cr both when so adjudged, be also subject to immediate deportation

For any violation of the provisions of this Act penalized under this and the preceding section, which
also constitutes or considered as punishable offense or described as a violation of other laws, the applicable
Penalty shall be that of the law providing for a higher fine and/or imprisonment

For any violation of the rules and regulations implementing the provisions of this Act, appropriate
penalty shall be imposed

ARTICLE VIII
FINAL PROVISIONS

SEC. 55. - Enforcement. — The Commission shall be the enforcement agency of this Act As such, the
Commission shall implement the appropriate provisions of this Act, enforce its implementing rules. and
regulations as adopted by the Board, assist the Board in the investigation of complaints against violators of this
Act, its rules and regulations, Code of Ethics for pharmacists, professional standards, and other policies of the
Board and the Commission

‘The Commission and/or the Board shall call upon or request any department, instrumentality, office. bureau.
institution or agency of the government, including local government units to render such assistance as it may
Fequire, of to coordinate or cooperate in order to carry out, enforce or implement the provisions of this Act


SEC. 56. - Appropriations. ~ The Chairperson of the PRC shall immediately include in its programs on
the implementation of this Act, the funding of which shall be charged against their current years’ appropriations
and thereafler, in the annual General Appropriations Act

SEC. 57.- Implementing Rules and Regulations. - Within one hundred and twenty (120) days after the
approval of this Act, the Board subject to the approval by the Commission, in consultation with the AINO. shall
issue and formulate the rules and regulations, the Code of Ethics and professional standards for pharmacists. to
effectively implement this Act

SEC. 88. - Separability Clause. —If any clause, provisions, paragraph or part

hereof shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate, impair any other
Part thereof, but such judgment shall be merely confined to the clause, provision, paragraph of part directly
involved in the controversy in which such judgment has been rendered

SEC. 59. - Repeating clause. - R.A No. 5921, known as the Pharmacy Law, as amended by EO No
174. and PD No. 1363, and all other laws are hereby repealed, Presidential decrees, executive orders, and other
administrative issuances and parts thereof which are inconsistent with the provisions of this Act are hereby
modified, amended, superseded or repealed accordingly

SEC. 60.- Effectivity.— This Act shall take effect after fifteen (15) days following the full and complete
Publication thereof in the Official Gazette or in any major daily newspaper of general circulation in the
Philippines,

Approved,