Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

15th Congress
First Regular Session

HOUSE BILL NO. 4052

Introduced by HON. JANE

‘AN-CASTRO

EXPLANATORY NOTE

The Pharmacy Law (R.A. 5921), which was enacted in 1969, is out-dated. With the rapid
and various developments in the field of medicine, and healthcare and after 40 or so years as law,
it has ceased to be a practical guide by which our pharmacists could follow.

The purpose of this bill is to make the practice, and regulation of Pharmacy in the
Philippines responsive to the needs of our society. This bill proposes for the creation of the
Professional Regulatory Board of Pharmacy: this bill also tackles on the conduet of Professional
Examinations for Pharmacists, and the process by which our Pharmacists. would be registered
and licensed. This bill also covers the regulation of the practice of Pharmacy, the violations, and
the sanctions for non-compliance.

Through the years, we may have overlooked the importance of the practice of Pharmacy.
We may have thought our Pharmacists were not as important a profession as our Doctors and
Nurses in the medical field. We may have also forgotten that the selling of medicines are a
multibillion peso industry. This bill seeks to reverse this notion, because clearly, the practice of
Pharmacy is one of the keys to a productive healthcare system in our country.

In view of the foregoing, the approval of this bill is eamestly soug!

/ HON. JANE TAN-CASTRO
(Representative

2nd District Capiz.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

15th Congress
First Regular Session

2
HOUSE BILL NO. 4052

Introduced by HON. JANE TAN-CASTRO.

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.

Be it enacted by the Senate and the House of Representatives of the Republic of
the Philippines in Congress assembled:

ARTICLE |
GENERAL PROVISIONS

Section 1. - Title. - This Act shall be known as the “Philippine Pharmacy Act of
2010."

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 and internationally 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,

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

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

(€) 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.

(d) 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 (ii) for the purpose of, or in
relation to, research, teaching, or chemical analysis and not for sale or
dispensing.

(f) Cosmetics are (i) 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.

(9) Counterfeit drug/medicine/pharmaceutical refers to medicinal products with the
correct ingredients but not in the amounts as provided, wrong ingredient, without
active ingredient/ s, 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:

(i) 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 or registered in the Bureau of Patent, Trademark and Technology
Transfer (BPTTT) in the name of another natural or juridical person;

(ii) 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 1971 Single Convention on Psychotropic
Substances as enumerated in the attached annex in Republic Act No. 9165,
which is an integral part of the Act.

(i) Devices refers to any instrument, apparatus, implement, machine, implant, in
vitro reagent or calibrator, software, material or other similar or rela ted 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

iii. investigation, replacement or modification or support of the anatomy
of a physiological process,

iv. Supporting or sustaining life,

v. control of conception,

vi. disinfection of medical devices,

vii. providing information for medical or diagnostic purposes by means
of an in vitro examination of specimen derived from thehuman body;
and

(b) 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:

(i) 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 to supplement them;

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

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

(iv)any article intended for use as a component of articles specified in clauses
(i), (i), and (iii) not including devices or their components, parts,
accessories; and


(v) 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) or (d).

(). Drug or Pharmaceutical Laboratory or Pharmaceutical Manufacturing Laboratory
means an establishment where pharmaceutical products, proprietary medicines,
or pharmaceutical specialties are formulated, prepared, compounded, and
standardized.

(m)Drug Establishment means FDA-registered companies involved in the
manufacture, 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.

(r) 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 a 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. lI5 s. 1991)

(s) Generic Name means the scientifically and internationally recognized name of
the active ingredient’ s as approved by the Food and Drug Administration.

(t) 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.

(v) 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, partnership, corporation, or any juridical entity.

(2) Pharmaceutical marketing means any activity undertaken, organized or


sponsored by a drug establishment which is directed at promoting the
prescription, recommendation, supply, 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 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.

(ee)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 I
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
therein 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;

(d) At the time of appointment, not a member of the faculty or administrative office of
any school, COllege 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

(€) A member of good standing for at least five (5) years of the accredited integrated
national pharmacy association but, at the 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 R.A. No.
8981, known as the "PRC Modernization 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 a
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;

(d) Review and/ or amend the scope of licensure examination;

(e) Add, delete, modify the scope, definition and standards of practice of pharmacy;

(f) 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;
Verify or 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 inspectors from the Food and Drug Administration and
other related institutions for such purpose;
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
respondents 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 2 of the
Board in accordance with the Revised Rule of Court;

(|) 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 concerned 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 development education professional organization;
guidelines on continuing professional in coordination with the accredited

(a) 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

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

0

0

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) Cross 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.

(d) 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 Ill
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 a licensure examination as provided for in this Act
ami 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 in 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 [rom an institution of learning in a
foreign country / stale, provided it is duly recognized and/ or accredited by
CHED;

(d) 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 leas!
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 research -
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 internship 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 | (Public Health,
Pharmaceutical Microbiology and Parasitology), Group Il (Drug Delivery Systems,
Physical Pharmacy, Manufacturing Pharmacy, Quality Control |, Quality Control Il),
Group ll (Pharmaceutical Biochemistry, Pharmacognosy, Plant Chemistry, and
Philippine Medicinal Plants, Pharmacy and Chemistry of Medicinals | and Pharmacy
and Chemistry of Medicinals I!

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 |, 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%; Croup II, 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. 15. - 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 R.A. 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 a 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 II must pass succeeding board licensure examination for
pharmacists with a general average 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 his/her 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 oath of profession before the Chairman or any member of the Board or
any authorized officer of the Commission to administer oa ths, prior to entering the
practice of pharmacy.

Sec. 20. - Issuance of Certificate of Registration and Professional Identification
Card. - A 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, Sec. 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 registered 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, reinstate or reissue a
revoked certificate of registration after two (2) years from the date of the revocation 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 mayor 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 p~actice and surrender of his/her certijicate
of registration wilh 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 (i) regulatory services, (ii)
pharmaceutical marketing, (iii) 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

(c) 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

() conduct or undertake scientific research in all aspects involving drugs and
healthcare, or

() dispense drugs during medical missions and in other situations where
supervision of drugs is 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, Cood Laboratory Practice, Cood 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)is an 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)a holder 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 tor 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

(0) licensed pharmacists from foreign countries or states employed as visiting faculty
ina field or speCialty of pharmacy.

The permit shall, among other things, contain these limitations and conditions for
@ 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
TaxReceipt 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 (annualllifetime), 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 regish'y 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 Kegistration. - It 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 his/her knowledge, allow his/ her certificate of registration to be
displayed in such establishment when he/ she is 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, if not in accordance with this Act.

Sec. 34. - Pharmacist ReqUirement and Compensation. - Every drug
establishment/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. - It


shall be the duty of the registered pharmacist of drug outlet/establishment 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 given official recognition, 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, R.A. 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 returned 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/ delailman 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 prescri ptions
of drugs using unusual names which differ from thosein standard phannacopeias 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 R.A. 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 adc!ress of drugstore and other
requirements prescribed by the Cheaper Medicines Act (R.A. 9502) and its
implementing rules and regulations.

Every prescription which in its preparation contains any quantity of a drug, which
is habit-forming, or a derivative of such drug, shall have an auxiliary label or a notation,
"Warning - 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 jor the Opening and Operation oj 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 andregulations 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-charge pursuant to the provisions of this
Act.

Sec. 42. - Handling of Drugs by Persons Other than a Pharmacist. - For the
purpose of this section, 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 detail man 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 is one who helps the pharmacist in compounding,
dispensing of medicines and giving of information on proper use of medicines while the
pharmacy aide/clerk is 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 a'pproval by the Commission shall
accredit 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 or 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 Covernance, Code of Technical Standards for the
practice of pharmacy, policy, and measure of the Board and/or the Commission;

(6) Malpractice or gross incompetence; negligence, or imprudenceresulting to death
or injury of the patient;

(c) Dishonorable conduct 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
identification card or temporary/special permit or renewal of license;

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

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

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

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

(i) 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, professionalorganization he/ she represents, and similar
information are used;

(k) Manufacture, sale, offering for sale of counterfeit drugs and committing other acts
in violation of Sec. 4 of the Special Law on Counterfeit Drugs, RA. No. 8203;

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

(m)Committing acts in violation of Sec. 6 of P.o. No. 881 on Hazardous Substances;
and

(n) Practicing pharmacy while under suspension.



(0) Practicing with an expired professional identification card.
Section 47. - Non-renewal of license. - The following are the grounds for the non-
renewal of professional identification card:
(a) Refusal to join or to remain a member of good standing of the AINO;
(b) Non-payment of annual registration fees for three (3) continuous years;
(c) 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 ca-uses. Affidavit of ccimplaint 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 administratiye 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 tecum 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. 51. - Motion for Reconsideration. - A motion for reconsideration within the
prescribed period may be made based on any of the following grounds:


(a) Crave 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 Vil
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:
A. 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 lind 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
(f) Compounding of prescription drugs and pharmacist-only over-the-counter drugs
done by a person other than a pharmacist
(g) Selling of prescription and pharmacist-only over-the-counter drugs by
manufacturers, importers, and wholesalers to unlicensed drug outlets and other
drug establishments
(h) Substitution of prescription drugs which are not generically equivalent to what
was on the prescription without the consent of the prescriber
(i) Compounding not in accordance with the current Cood Manufacturing Practices
and Cood Pharmacy Practice
(j) 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 s~pervision of a
pharmacist
Requirement of Phamacist (Sections 33,34, 36)
(n) Establishment! outlet 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/
revoked/ suspended license

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

(q) 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

8B. Manufacturing and selling of pizarmaceutical products under fmudulen! name
and address (Section 35)

C. Adulteration and misbranding of drugs (Section 35)

D. Manufacturing and selling of unsafe lind 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
(Php500,000.00) 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. 54. - Other Penalties - Any person who shall violate any of the following
provisions of this Act:

(a) Affixing of the title, R.Ph. by a 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 (Section 32)

(e) Non-display of certificate of registration of a pharmacist by an establishment!
outlet (Section 32)

(f) 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)

(j) 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)

(\) Employment of persons in a pharmacy without the provision of the required
training (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 or 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 depariment,
instrumentality, office, bureau, institution or agency of the government, including local
government units to render such assistance as it may require, or to coordinall’ 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
ils programs on the implementation of this Act, the funding of which shall be charged
against their current years' appropriations and thereafter, 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
fegulations, the Code of Ethics and professional standards for pharmacists, to
effectively implement this Act.

Sec. 58. - 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 or part directly involved in the controversy in which such judgment


has been rendered.

Sec. 59. - Repealing clause. - R.A. No. 5921, known as the Pharmacy Law, as
amended by E.O. No. 174, and P.D. 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 shalll 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,