prescribed time or such later time as the Director-General or the council, as the case may be, may allow
and on payment of the prescribed fee.
[S. 22D inserted by s. 14 of Act No. 90 of 1997.]
22E. Suspension and cancellation of licence.—(1) If the holder of a licence under section 22C—
(a)
has in or in connection with an application for a licence or renewal of a licence
furnished the Director-General or the council, as the case may be, with any information which to the
knowledge of such holder is untrue or misleading in any material respect;
(b)
has contravened or failed to comply with a condition upon which the licence was
issued;
(c)
has contravened or failed to comply with a provision of this Act;
(d)
has, in the case of a licence issued in terms of section 22C (1) (a), at any time been
convicted of an offence which is of such a nature that, in the opinion of the Director-General, it renders
him or her unsuitable to compound or dispense medicines,
the Director-General or the council, as the case may be, may by way of a notice in writing call upon him
or her to show cause within the period specified in the notice, which period shall not be less than 20
days as from the date of the notice, why the licence in question should not be suspended or revoked.
(2) The Director-General or the council, as the case may be, may after considering the reasons
furnished to him or her in terms of subsection (1)—
(a)
suspend the licence in question for such period as he or she or the council may
determine; or
(b)
revoke the licence in question.
(3) No person shall be entitled to the repayment of any prescribed fee in respect of any application for
the granting or renewal of a licence if such application has been refused or if the licence has been
suspended or revoked.
[S. 22E inserted by s. 14 of Act No. 90 of 1997.]
22F. Generic substitution.—(1) Subject to subsections (2), (3) and (4), a pharmacist or a person
licensd in terms of section 22C (1) (a) shall—
(a)
inform all members of the public who visit the pharmacy or any other place where
dispensing takes place, as the case may be, with a prescription for dispensing, of the benefits of the
substitution for a branded medicine by an interchangeable multi-source medicine, and shall, in the case
of a substitution, take reasonable steps to inform the person who prescribed the medicine of such
substitution; and
[Para. (a) substituted by s. 7 (b) of Act No. 59 of 2002.]
Wording of Sections
(b)
dispense an interchangeable multi-source medicine instead of the medicine
prescribed by a medical practitioner, dentist, practitioner, nurse or other person registered under the
Health Professions Act, 1974, unless expressly forbidden by the patient to do so.
[Sub-s. (1) amended by s. 7 (a) of Act No. 59 of 2002.]
Wording of Sections
(2) If a pharmacist is forbidden as contemplated in subsection (1) (b), that fact shall be noted by the
pharmacist on the prescription.
(3) When an interchangeable multi-source medicine is dispensed by a pharmacist he or she shall note
the brand name or where no such brand name exists, the name of the manufacturer of that
interchangeable multi-source medicine in the prescription book.
(4) A pharmacist shall not sell an interchangeable multi-source medicine—
(a)
if the person prescribing the medicine has written in his or her own hand on the
prescription the words “no substitution” next to the item prescribed;
(b)
if the retail price of the interchangeable multi-source medicine is higher than that of
the prescribed medicine; or
(c)
where the product has been declared not substitutable by the council.
[S. 22F inserted by s. 14 of Act No. 90 of 1997.]
22G. Pricing committee.—(1) The Minister shall appoint, for a period not exceeding five years, such
persons as he or she may deem fit to be members of a committee to be known as the pricing
committee.
[Sub-s. (1) substituted by s. 8 (a) of Act No. 59 of 2002.]
Wording of Sections
(2) The Minister may, on the recommendation of the pricing committee, make regulations—
(a)
on the introduction of a transparent pricing system for all medicines and Scheduled
substances sold in the Republic;
(b)
on an appropriate dispensing fee to be charged by a pharmacist or by a person
licensed in terms of section 22C (1) (a);
(c)
on an appropriate fee to be charged by wholesalers or distributors or any other person
selling Schedule O medicines.