REGISTRATION OF PHARMACISTS ACT 1951

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 371 REGISTRATION OF PHARMACISTS ACT 1951 As at 15 April 2025 This text is ONLY AN UPDATED TEXT of the Registration of Pharmacists Act 1951 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 REGISTRATION OF PHARMACISTS ACT 1951 First enacted … … … … … 1951 (Ord. No. 62 of 1951) Revised … … … … … 1989 (Act 371 w.e.f. 10 August 1989) Latest amendment made by P.U. (A) 116/2025 which came into operation on … … … … … 15 April 2025 PREVIOUS REPRINTS First Reprint … … … … 2001 Second Reprint … … … … 2006 3 LAWS OF MALAYSIA Act 371 REGISTRATION OF PHARMACISTS ACT 1951 ARRANGEMENT OF SECTIONS Section 1. Short title and application 2. Interpretation 3. Establishment and constitution of Pharmacy Board 4. President and meetings of the Board 5. Register of pharmacists 6. Persons entitled to provisional registration 6A. Experience which a provisionally registered person shall be required to obtain 6 B. Person entitled to full registration 7. Restriction on use of certain titles 8. Application for registration 9. Power to refuse registration in certain cases 10. Entry of higher qualifications 11. Issue of certificate of registration 11A. Temporary registration 11B. Purpose and duration 11C. Notice to registered pharmacist to serve in the public services 11D. Period of service in pursuance of a notice under subsection 11C(1) 11E. Power of Minister to grant reduction, exemption or postponement from period of service under section 11D 11F. Minister may make rules 12. Conditions as to sale of drugs by registered pharmacist 13. Registration of bodies corporate 4 Laws of Malaysia ACT 371 Section 14. Continuation of business of deceased registered pharmacist or dispenser by his representative 15. Publication of register and presumptions 16. Annual certificate 17. Inquiry, restoration into register and removal from register by the Board 18. Alterations in, and erasure of names from the register 18A. Punishments 19. Appeal against removal from register or refusal to register 20. Fraudulent registration 21. Appointment and powers of Inspectors 22. Power to make regulations 23. (Omitted) FIRST SCHEDULE SECOND SCHEDULE 5 LAWS OF MALAYSIA Act 371 REGISTRATION OF PHARMACISTS ACT 1951 An Act relating to the establishment of a Pharmacy Board and the registration of pharmacists. [Peninsular Malaysia—1 February 1952, L.N. 19/1952; Federal Territory of Labuan—27 November 2009, P.U. (A) 421/2009; Sarawak—4 December 2009, P.U. (A) 425/2009] Short title and application 1. (1) This Act may be cited as the Registration of Pharmacists Act 1951. (2) This Act shall apply *only to the States of Peninsular Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “Board” means the Pharmacy Board established under section 3; “dangerous drug” means any drug or substance which is for the time being comprised in the First Schedule to the Dangerous Drugs *NOTEThis Act is applicable to the Federal Territory of Labuan-see Federal Territory of Labuan (Extension and Modification of the Registration of Pharmacists Act 1951) Order 2009 [P.U. (A) 421/2009] w.e.f. 27 November 2009 and Sarawak–see State of Sarawak (Extension and Modification of the Registration of Pharmacists Act 1951) Order 2009 [P.U. (A) 425/2009] w.e.f. 4 December 2009. 6 Laws of Malaysia ACT 371 Act 1952 [Act 234] or any corresponding schedule to any other written law relating to dangerous drugs in force in Malaysia; “fully registered pharmacist” means a person fully registered under section 6B; “person” does not include a body corporate; “poison” means any article deemed to be a poison within the meaning of the Poisons Act 1952 [Act 366], or of any other written law relating to poisons in force in Malaysia; “provisionally registered” means provisionally registered under section 6; “public services” has the meaning assigned to it in Article 132 of the Federal Constitution and, in addition, it also means the service of any local authority or the service of any statutory authority exercising powers vested in it by federal or State law, and the expression “public service” shall be construed accordingly; “registered pharmacist” means a provisionally registered pharmacist under section 6 or a fully registered pharmacist under section 6B, as the case may be; “therapeutic substance” means any substance which may be prescribed by the Board to be a therapeutic substance for the purpose of this Act: Provided that where any written law dealing with therapeutic substances is in force in Malaysia no substance shall be so prescribed unless it is a therapeutic substance within the meaning of such written law. Establishment and constitution of Pharmacy Board 3. (1) There shall be established a Pharmacy Board consisting of the following members: Registration of Pharmacists 7 (a) the Director General of Health ex officio; (b) the Director of Pharmaceutical Services ex officio; (c) eight registered pharmacists in the public service, appointed by the Minister; (d) three registered pharmacists from any higher educational institution offering a course or programme in pharmacy, appointed by the Minister; (e) two registered pharmacists not in the public service, appointed by the Minister; and (f) three registered pharmacists not in the public service, nominated by the association representing pharmacists in private practice, approved and appointed by the Minister, who shall be citizens of Malaysia. (2) The period of appointment of members, other than ex officio members, shall be three years, but such members shall be eligible for reappointment. (3) Notwithstanding subsection (2), the Minister may, at any time, at his discretion, suspend or terminate the appointment of any member of the Board, other than an ex officio member, and may appoint another person in his place or in the place of any member who retires or who, for the time being, is unable to act or who is absent from three consecutive meetings of the Board without such excuse as may seem reasonable to the Minister: Provided that where any member of the Board has been nominated in accordance with any of the provisions of subsection (1), the Minister shall not appoint any person in his place other than a person duly nominated in the same manner as such member. (4) All acts done by the Board shall, notwithstanding any vacancy in the Board or that it is afterwards discovered that there was a defect 8 Laws of Malaysia ACT 371 in the appointment of a person purporting to be a member thereof, be as valid as if no such vacancy or defect had existed. (5) For the purpose of subsection (1), “citizens of Malaysia” shall not include permanent residents of Malaysia. President and meetings of the Board 4. (1) The Director General of Health shall be President of the Board and shall be Chairman of all meetings at which he attends. (2) In the absence of the President from any meeting, the members present shall elect one of their number to be Chairman. (3) The Chairman at any meeting shall have an original vote and also, if upon any question the votes are equally divided, a casting vote. (4) The Board shall meet at such places and times as the President may appoint and at any meeting nine members shall form a quorum. Register of pharmacists 5. For the purposes of this Act, a register of pharmacists (hereinafter referred to as the register) shall be kept, in such form as may be prescribed, by the Director of Pharmaceutical Services, (hereinafter referred to as the Registrar), who shall be responsible for the maintenance and custody thereof and shall perform such duties in connection therewith as may be prescribed. Persons entitled to provisional registration 6. (1) Subject to the other provisions of this Act, a person shall be entitled to be provisionally registered as a pharmacist, solely for the purpose of obtaining the experience specified in section 6A, upon application to the Registrar in the prescribed form if he holds— (a) any of the qualifications specified in the First Schedule; or Registration of Pharmacists 9 (b) a qualification in pharmacy, other than the qualifications referred to in paragraph (a), deemed suitable for registration by the Minister after consulting the Board. (2) Any person provisionally registered under paragraph (1)(b) may be subject to such restrictions and conditions as may be imposed by the Minister on the advice of the Board, and where restrictions and conditions are so imposed the registration of that person shall have effect subject to such restrictions and conditions. (3) The Minister may from time to time, after consulting the Board, add to, delete from or amend the First Schedule by order published in the Gazette. Experience which a provisionally registered person shall be required to obtain 6A. (1) Subject to the provisions of this Act, a person who is provisionally registered shall be required to obtain experience as provided for in subsection (2) in order to be entitled to apply for full registration under section 6B. (2) The provisionally registered person shall, immediately upon being provisionally registered, engage in employment as a pharmacist to the satisfaction of the Board for a period of not less than one year in any of the premises listed in the Second Schedule. (3) The Board may extend for not more than one year the period of employment of a provisionally registered person if the Board is not satisfied with the performance of the person as a pharmacist. (4) The provisional registration of a person shall be revoked if the person fails to comply with subsection (2). (5) The Minister may from time to time, after consulting the Board, add to, delete from or amend the Second Schedule by order published in the Gazette. 10 Laws of Malaysia ACT 371 (6) A provisionally registered person shall be deemed to be registered under this Act so far as is necessary— (a) to enable him to enter upon and engage in the employment mentioned in subsection (2); and (b) for the purposes of any written law or such other purposes as the Minister may direct, but no further. (7) The Board may exempt from subsection (2) any person who holds any of the qualifications referred to in subsection 6(1) and has been registered by any registration body responsible for the registration of pharmacists recognized by the Board if the Board is satisfied that such person has gained experience which is not less both in character and scope and in length of time in an institution or hospital approved by the Board. (8) A provisionally registered person shall during the period of employment under subsection (2) be deemed to be a public servant within the meaning of the Penal Code [Act 574]. Person entitled to full registration 6B. (1) Subject to the provisions of this Act, no person shall be entitled to be a fully registered pharmacist under this Act unless he has— (a) gained experience as required under section 6A; or (b) been exempted under subsection 6A(7). (2) An application for full registration shall be in accordance with the provisions of this Act and the regulations made under this Act. (3) Notwithstanding anything to the contrary contained in this Act, a person may, subject to such restrictions and conditions as may be stipulated by the Minister, be fully registered under this section if the Registration of Pharmacists 11 person seeking registration under this subsection possesses a qualification which the Minister after consulting the Board is satisfied is adequate. Restriction on use of certain titles 7. (1) No person, unless he is registered under this Act, shall take or use the name or title of pharmaceutical chemist or pharmaceutist or chemist and