PHARMACY COUNCIL OF NIGERIA (ESTABLISHMENT) ACT, 2022
Section 48: Penalties for professional misconduct.
(1) Where -
(a) a pharmacist is found by the Tribunal to be guilty of professional misconduct or infamous conduct in any professional respect;
(b) a pharmacist is convicted by any court or tribunal in Nigeria or elsewhere having power to award imprisonment, of an offence which in the opinion of the Tribunal is incompatible with his status as a pharmacist; or
(c) the Tribunal finds that the name of any person has been fraudulently registered under this Act, the Tribunal may give a direction -
(i) reprimanding that person,
(ii) ordering the Registrar to suspend him from practice,
(iii) ordering the Registrar to strike out his name off the appropriate register,
(iv) ordering the person to pay a fine as may be specified in the direction, or
(v) ordering the Registrar to remove from the register of premises, any premises entered in the register of premises, at which the pharmacy practice in question is carried out by a registered person.
(2) The Tribunal may defer its decision under subsection (1) provided, that -
(a) no decision shall be deferred for more than an aggregate period of three months; and
(b) a member of the Tribunal shall not sit for the purpose of reaching a decision which has been deferred unless he was present when the decision to defer was taken.
(3) Where the Tribunal gives a direction under subsection (1), the Tribunal shall cause a notice of the direction to be served on the person to whom it relates.
(4) A person to whom a direction under subsection (1) relates may, at any time within 30 days from the date of service on him of the notice of direction, appeal against the direction to the Court of Appeal and the Tribunal may appear as respondent to the appeal and, for the purpose of enabling directions to be given by the Court of Appeal as to the costs of the appeal and of proceedings before the Tribunal, the Tribunal shall be considered to be a party to the appeal, whether or not it appears on the hearing of the appeal.
(5) A direction of the Tribunal under subsection (1) shall take effect where -
(a) no appeal under subsection (4) is brought against the direction within the time limit for such an appeal, at the expiration of that time;
(b) an appeal under subsection (4) is brought against the direction, but it is withdrawn or struck out for want of prosecution, from the date of the withdrawal or striking out of the appeal; or
(c) such an appeal is brought and is not withdrawn or struck out, if and when the appeal is dismissed.
(6) A person whose name is removed from any register kept under this Act or suspended from practice under a direction of the Tribunal shall not be entitled to be re-registered in that register or reinstated to practice, except under a direction given by the Tribunal or an appellate court.
(7) A pharmacist who in respect of any year practices the profession without paying his annual practicing fee commits a misconduct and is liable-
(a) in the case of a first offender, to a fine of twice the prescribed practicing fee; and
(b) in the case of a second or subsequent offender, to a fine of not less than 10 times the prescribed practicing fees, and if the pharmacist is in the employment of any person, the employer commits an offence punishable in the like manner as the pharmacist where it is proved that the pharmacist’s failure to pay the prescribed fees was with the knowledge, consent or connivance of the employer.
Cite this section
Section 48, PHARMACY COUNCIL OF NIGERIA (ESTABLISHMENT) ACT, 2022 (2022).
https://repo.podus.ai/laws/pharmacy-council-of-nigeria-establishment-act-2022/section/48/