QuestionsQuestions (Republic Act No. 5921)
RA 5921 aims to (a) standardize and regulate pharmaceutical education, (b) provide for an examination for registration of pharmacy graduates, and (c) supervise, control, and regulate the practice of pharmacy in the Philippines.
The Council of Pharmaceutical Education and the Board of Pharmacy were created under RA 5921.
It promulgates rules on pharmaceutical education; submits binding rules to proper agencies for implementation; recognizes and accredits colleges of pharmacy (private schools included); and approves accreditation of community/prescription pharmacies, pharmaceutical manufacturing laboratories, and hospital pharmacies for pharmacy internship.
It is composed of a Chairman and two members appointed by the President with the consent of the Commission on Appointments, drawn from nominee lists recommended by the Commissioner of Civil Service, based on bona fide professional national organizations of pharmacists certified under RA 546.
A member must be (a) a natural-born citizen; (b) a duly registered pharmacist with at least 10 years in practice; (c) of good moral character and recognized standing; (d) not a faculty member of any pharmacy school/university offering pharmacy courses and without direct/indirect pecuniary interest in such schools; and (e) a member in good standing of any bona fide national pharmaceutical association.
Board members serve three years (with initial staggered terms for the first Board). A member may be reappointed for another three-year term, but no one may serve continuously for more than six years.
The Board may reprimand, suspend, or revoke a pharmacist’s certificate of registration. These actions require a formal administrative investigation.
Grounds include: conviction for violations penalized in the Act; immoral/dishonorable conduct (including moral turpitude offenses); fraud/deceit in acquiring registration; gross negligence/ignorance/incompetence causing injury/damage/death; malpractice including aiding/abetting illegal abortion/sex crimes through illegal compounding/dispensing/sale of abortive/sex drugs; acting as dummy for an alien/unqualified person to operate retail drugstore; addiction to alcohol or habit-forming drugs; insanity; false or unethical extravagant advertisements; and violations of the Code of Ethics adopted in Board rules.
Investigations are conducted en bane by all Board members, observing existing rules of evidence as far as practicable. The Board resolves within 90 days from the time the first hearing date is set and heard.
The respondent is entitled to: be heard personally or through counsel; a speedy and public hearing; to confront and cross-examine witnesses; to summon and present witnesses; and to other processes for protection of individual/civil rights.
The decision automatically becomes final after 30 days from notice to the respondent unless the respondent appeals to the President within the same period.
The candidate must be: a natural-born citizen; of good moral character; have completed a pharmacy internship program of at least 960 hours (with specified distribution among prescription pharmacy, pharmaceutical manufacturing laboratory, and hospital pharmacy, all accredited); and have graduated with a BS Pharmacy (or equivalent) from a Council-accredited school after completing a standard pharmacy course of not less than five academic years.
It includes theoretical and practical examinations. Theoretical subjects cover Chemistry (30%), Biological Sciences (20%), and Pharmacy (50%). Practical includes identification/analysis of drugs (30%), preparation/compounding/dispensing/price fixing, and manufacturing pharmacy/quality control (together weighted to 70% for the specified practical set).
A candidate must obtain an overall average of at least 75% (out of 100%) in both theoretical and practical examinations, with no rating below 50% in more than two theoretical subjects. If failed in one portion, re-examination may repeat only the failed portion. Failure in three successive attempts bars admission in the fourth unless the candidate completes a pre-board review within the preceding year from a duly accredited college of pharmacy.
A person practices pharmacy if, for compensation or reward, they prepare/manufacture/analyze/assay/preserve/store/distribute/sell medicines or related pharmaceuticals/devices; render pharmaceutical services where pharmacy knowledge is applied; teach pharmacy subjects in a college of pharmacy; or conduct pharmaceutical research for biological/bacteriological testing/examinations. However, executive managerial/administrative functions and certain subordinate personnel in specified pharmaceutical laboratories are excluded from the definition.
The person must be at least 21 years old, must have satisfactorily passed the Board of Pharmacy examination, and must be a holder of a valid certificate of registration issued by the Board.
Every pharmacy/drugstore/hospital pharmacy must, while open for business, be under the personal and immediate supervision of a registered pharmacist. No pharmacist may personally supervise more than one such establishment. If multiple shifts operate, each shift must be supervised by a registered pharmacist.