Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

%

RS

a)
SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILLNo._8893

Introduced by REP. EVELINA G, ESCUDERO

EXPLANATORY NOTE

ses to professionalize the practice of pharmacy by setting a national standard
sion, 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 providing 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,

y needs of the profession and also curb both
sed by an unregulated practice. ‘This proposed

This bill seeks to address the competen
unintentional and intentional harm that may be
measure will fulfill this objective through the:

1. 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.

Ben

In view of the foregoing, the passage of this bill is earnestly sought.

tucked)

EVELINA G, ESCUDERO.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRE!
First Regular Session

HOUSE BILL NO. 8893

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.

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

ARTICL
ERAL PROVISIONS

GE)

SECTION 1, = 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
drug information, patient medication counseling, and health promotion, — The

professional service shall, therefore, be promoted as a component of the total
re 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.

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
(c) 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-pharmac

q

relationship in the course of professional practice, or (ii) for the purpose of, or in

lation to, research, teaching, or chemical analysis and not for

ale or dispensing,

(1) Cosmetics ate (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, beautifyin
ingredi

promoting attractiveness or improving the appearance, or (ii)
mts or other substances intended for use as a component of any such

product.

(g) 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 f

audulently 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)

(i)

(iii)

(iv)

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 (BPTT’T) in the name of another natural or juridical person;

a drug product refilled in containers by unauthorized persons if the legitimate
labels or marks are used;

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

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 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 diseas
(ii) diagnosis, monitor’
injury
(iti) 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 the human body; and

%, treatment, alleviation of or compensation for an

(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.

(j) 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 supplement to 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). (ii), and (iii) 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), (¢) or (d).

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

(m) Drug Establishments 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 establis
which are registered with the FDA and which legally sell drugs and medicines

ments

(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 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.5 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

() 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, ot
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 ass
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.

st pharmacists in dispensing

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

(co) Preseription 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 ft
others or disclosed confidentially to a few individuals.

m the knowledge of

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 ealled 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, cach 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
{rom 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, ot its
equivalent degree and has been in the practice of pharmacy for at least ten yea

(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

(e) 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;

(c) Add, delete, modify the scope. definition and standards of practice

of pharmacy

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

(z) Promulgate from time to time the necessary rules and regulations for the effeetive
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;

(i) Verify or confirm the qualifications and conditions of pharmacists employed in drugstores,
hospital pharmacies, drug or pharma 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:



(j) 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 fecum 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 of the Board in
accordance with the Revised Rule of Court;

(I) 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 afier 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 profes
coordination with the accredited professional organization:

ional development education in

(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 negleet, 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:



(c) 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.

(@) 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 IL
TRATION, CERTIFICATION, AND LICENSURE,

EXAMINATION, RE

iL

EC. 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 t pass a 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 in the practice of pharmacy;

(b) OF good moral character and reputation;

(c) A holder of @ 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 is duly
recognized and/or accredited by CHE!

(d) Not convicted of an offense involving moral turpitude by a court of competent jurisdiction:

and

(c) 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
manu

cturing, 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

Por 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 eredit 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 divisi y as Science and Pharmacy as Practice, Pharma
Science shall consist of subjects in Group I (Public Health, Pharmaceutical Microbiology and
Parasitology), Group I (Drug Delivery Systems, Physical Pharmacy. Manufacturing Pharmacy,



Quality Control 1, Quality Control ID. Group IIT (Pharmaceutical Biochemistry, Pharmacognosy,
Plant Chemistry, and Philippine Medicinal Plants, Pharmacy and Chemistry of Medicinals | and
Pharmacy and Chemistry of Medicinals II.

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 (Biopharmaceuties and Pharmacokinetics, Pharmacology I, Pharmacology II, Clinical
Toxicology), and Group VI (Pharmaceutical Jurisprudence and Ethies, Pharmaceutical Marketing
and Entrepreneurship and Pharmaceutical Administration and Management),

The subjects shall be weighed as follows: Group I, 10%; Group II, 20%; Group II, 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 pharm
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 (dl) 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 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 oaths, 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, 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 registered and licensed by the Board and the Commission has the right to aftix this title
“Registered Pharmacist” or “R.Ph.” after his/her name.

C. 22. - Grounds for Non-registration. ~ The Board shall not register any successful
examinee for registration who has been’

(a) Convieted 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 Examin
Board,

s by the

ind

(d) Declared of unsound mind by the court of competent jurisdiction,

(c) Found addicted to dangerous drugs

In refusing such registr
the reasons therefor and shall file a copy in its re

ion, the Board shall give the applicant a written statement setting forth
ords.

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 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 profession
the Board and/or the Commission.



EC. 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 res

stration 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 LV
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, (jii) 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 establishmenvoutlet or
healthcare institution or

(c) provide other services where pharmaceutical knowledge is required; ot
(d) engage in teaching scientific, technical or professional pharmacy courses in a school of
college of pharmacy; or

(ce) 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
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 @
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 Comn
above acts. services, or activities as the need arises.

ission, may add to, delete, or modify the

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) i

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

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

EC. 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) licens

-d pharmacists from foreign countries whose services whether for free or a fe

(1) if they are internationally
of pharmacy,

nowned pharmacists or experts in any field or specialty

(2) if their servi
particular field,

s are deemed necessary for lack of specialists or experts in a

(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 ‘Pax 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. ~ It shall be the duty of every pharmacist
ed 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,

the:

Prescription drugs and pharmacist-only over-the-counter drugs shall be dis

registered pharmacist

pensed only by

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 ate 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. ~ \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 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 Jaws and the Food and Drug Administration Act, R.A.
O71.

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, - Al prescriptions shall be filled
or compounded only by a registered and licensed pharmacist following the standards of pur
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, biologie 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 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 Us

C. 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 afer 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-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 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 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 engayed 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 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 ot
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 r

stered pharmacist or to cancel a tempore

or special permit granted to a foreign pharmacist on the basis of the following:

(a)

(b)

(c)

(d)

(e)

a)

M

(k)

w

(m)

({n)

(0)

profess
(a)
(b)

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 Ethies 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;

Malpractice or gross incompetence; negligence, or imprudence resulting to death or
injury of the patient:

Dishonorable conduct and/or conviction by a competent court of any criminal offense
involving moral turpitude

Fraud or deceit in the acquisition of the certificate of registration, professional
identification card or temporary/special permit or renewal of license:

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 him/her the use of his/her certificate 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 ineompetent 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:

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

and

Committing acts in violation of Sec. 6 of P.D. No, 881 on Hazardous Substances

Pract

icing 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
ional identification card:

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
rales 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

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) 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 VI


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 cert
pharmacist where he/she is not employed

cate in an outlet or establishment by a
(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

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

(c) Dispensing of prescription drugs without presentation of a valid preseription

(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 Good Manufacturing Practices and Good
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

(1) 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) 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

(x) Rural Health Units dispensing prescription drugs and pharmacist-only over-the-counter
drugs without the supervision of a registered pharmacist Manufarcturing and selling of
pharmaceutical products under fraudulent 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 (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)

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

(c) Non-display of certificate of registration of a pharmacist by an establishment/outlet (Section

32)

() Non-compliance with this Act’s provision on the required salary for a registered pharmacist
(Section 34)

() 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)

(1) 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 VIL
FINAL PROVISION

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 require, or to coordinate or cooperate in order to carry out, enforce or
implement the provisions of this Act.

°C. 56. - Appropriations. ~ ‘The Chairperson of the PRC shall immediately include in it
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 wenty (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 Ethies
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.0, 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,