REPUBLIC ACT No.
5921 Sixteenth Congress
AN ACT REGULATING THE PRACTICE OF
PHARMACY AND SETTING STANDARDS OF
PHARMACEUTICAL EDUCATION IN THE
PHILIPPINES AND FOR OTHER PURPOSES.
ARTICLE 1
Objectives and Implementation
Section 1. Objectives. This Act provides for and shall
govern (a) the standardization and regulation of
pharmaceutical education; (b) the examination for
registration of graduates of schools of pharmacy and (c)
the supervision, control and regulation of the practice of
pharmacy in the Philippines.
Section 2. Enforcement. For the purposes of
implementing the provisions of this Act, the Council of
Pharmaceutical Education and the Board of Pharmacy
are hereby created.
ARTICLE II
The Council of Pharmaceutical Education
Section 3. The Council of Pharmaceutical Education and
its composition. The Council of Pharmaceutical
Education shall be composed of the Secretary of
Education, Chairman, the Undersecretary of Health
Services, the Food and Drug Administrator, the Chairman
of the Board of Pharmacy, the dean of the College of
Pharmacy, University of the Philippines, the dean of a
college of pharmacy, representing duly accredited private
schools of pharmacy, and a representative of the bona
fide national pharmaceutical organizations in the
Philippines.
It shall be incumbent upon all deans of duly accredited
colleges of pharmacy of private colleges and universities
by agreement among themselves to promulgate rules
and regulations regarding the selection of one from
among their group to represent them in the said Council
and it shall be incumbent upon all presidents of bona fide
national pharmaceutical organizations in the Philippines
by agreement to promulgate rules and regulations
regarding the selection of one from among them to
represent them in the said Council.
The members of the Council shall hold office until their
Third Regular Session
Begun and held in Metro Manila, on Monday, the
twenty-seventh day of July, two thousand fifteen.
REPUBLIC ACT No. 10918
An Act Regulating and Modernizing the Practice of
Pharmacy in the Philippines, Repealing for the
Purpose Republic Act Numbered Five Thousand Nine
Hundred Twenty-One (R.A. No. 5921), Otherwise
Known as the Pharmacy Law
Be it enacted by the Senate and House of
Representatives of the Philippine Congress Assembled:
Article I
General Provisions
Section 1. Title. - This Act shall be known as the
"Philippine Pharmacy Act".
Section 2. Statement of Policy. - The State recognizes
the vital role of pharmacists in the delivery of quality
health care services through the provision of safe,
effective, and quality pharmaceutical products,
pharmaceutical care, drug information, patient medication
counseling, and health promotion. The pharmacists’
professional services shall, therefore, be promoted as an
indispensable component of the total health care system
to 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 and globally competitive through
regulatory measures, programs, and activities that
promote and sustain their continuing professional
development.
Section 3. Objectives. - This Act provides for and shall
govern the:
(a) Standardization and regulation of pharmacy
education;
(b) Administration of licensure examination, registration,
successors have been appointed, elected or designated
and duly qualified.
Section 4. Functions. The functions of the Council of
Pharmaceutical Education shall be:
(a) To promulgate rules and regulations relative to
Pharmaceutical Education in the Philippines;
(b) To submit such rules and regulations, which shall
have a binding effect, for implementation to the proper
agencies such as Department of Education, the Board of
Pharmacy, the bona fide national pharmaceutical
organizations in the Philippines and others;
(c) To recognize and accredit colleges of pharmacy in the
different private colleges and universities; and
(d) To approve the accreditation of community or
prescription pharmacies, pharmaceutical manufacturing
laboratories and hospital pharmacies for purposes of
pharmacy internship.
Section 5. Meetings and traveling expenses. The
Council of Pharmaceutical Education shall meet at least
once a month for regular business and as often as the
Council may decide. The Chairman and members of the
Council of Pharmaceutical Education shall not be entitled
to any compensation except for traveling expenses in
connection with their official duties as herein provided.
ARTICLE III
The Board of Pharmacy and Examination and
Registration of Pharmacists
Section 6. The Board of Pharmacy and its Composition.
The Board of Pharmacy shall be composed of a
Chairman and two members who shall be appointed by
the President of the Philippines with the consent of the
Commission of Appointments, from a list of nominees
recommended by the Commissioner of Civil Service who
shall secure such lists from bona fide professional
national organizations of pharmacists which should be
certified in accordance with Republic Act Numbered Five
hundred forty-six.
Section 7. Qualification of Board members. To be
appointed a member of the Board of Pharmacy, a person
shall be:
(a) A natural born citizen of the Philippines;
and licensing of pharmacists;
(c) Supervision, control, and regulation of the practice of
pharmacy in the Philippines;
(d) Development and enhancement of professional
competence of pharmacists through continuing
professional development, research, and other related
activities; and
(e) Integration of the pharmacy profession.
Section 4. Scope of the Practice of Pharmacy. - A person
is deemed to be practicing pharmacy, within the meaning
of this Act, when with or without a fee, salary, percentage
or other rewards, paid or given directly or indirectly, shall:
(a) Prepare, compound or manufacture, preserve, store,
distribute, procure, sell, or dispense, or both, any
pharmaceutical product or its raw materials; or
(b) Render services, such as clinical pharmacy services,
drug information services, regulatory services,
pharmaceutical marketing, medication management, or
whenever the expertise and technical knowledge of the
pharmacist is required; or
(c) Engage in teaching scientific, technical, or
professional pharmacy courses in a school or college of
pharmacy; or (d) Dispense pharmaceutical products in
situations where supervision of dispensing of
pharmaceutical products is required; or
(e) Chemical, biological or microbiological analyses and
assay of pharmaceutical products, food/dietary
supplements, health supplements, and cosmetics; or
(f) Physico-chemical analyses for medical devices used in
aid of administration of pharmaceutical products; or
(g) Administration of adult vaccines as approved by the
Food and Drug Administration (FDA): Provided, That they
shall undergo the training on the safe administration of
adult vaccines and management of adverse event
following immunization (AEFI) for pharmacists and hold a
certificate of training issued by an institution duly
accredited by the Professional Regulation Commission
(PRC); Provided, further, That the safe administration of
vaccines be part of the higher education curriculum for
pharmacists; or
(h) Conduct or undertake scientific research in all aspects
(b) A duly registered pharmacist and has been in the
practice of pharmacy for at least ten years;
(c) Of good moral character and of recognized standing
in the pharmaceutical profession;
(d) At the time of appointment, not a member of the
faculty of any school, college or university offering
courses in pharmacy; nor have any direct or indirect
pecuniary interests in such school or college of
pharmacy; and
(e) A member of good standing of any bona fide national
pharmaceutical association of the Philippines.
Section 8. Tenure of office and fees of board members.
The Chairman and members of the Board of Pharmacy
shall hold office for three years after appointment or until
their successors shall have been appointed and duly
qualified: Provided, That members of the first Board to be
appointed after the approval of this Act shall hold office
for the following terms: Chairman for three years, one
member for two years and one member for one year:
Provided, further, That any chairman or member may be
reappointed for another term of three years but in no
case shall be serve continuously for more than six years.
The most senior member of the Board shall automatically
be the Chairman.
The Chairman and members of the Board shall each
receive the sum of ten pesos for each applicant
examined regardless of whether or not he is already in
the government service when appointed.
Section 9. Removal of the Board members. The
chairman or member of the Board may be removed by
the President of the Philippines if found guilty of neglect
of duty, incompetence, malpractice, or unprofessional,
unethical, immoral, or dishonorable conduct, after having
been given the opportunity to defend himself in a proper
administrative investigation. The President may in his
discretion suspend such member under investigation:
Provided, however, That the period of suspension shall
not exceed sixty days after which the latter shall be
automatically reinstated pending the outcome of the
investigation.
Section 10. Executive Officer of the Board. The
Commissioner of Civil Service shall be the Executive
Officer of the Board and shall conduct the examination
given by it according to the rules and regulations
promulgated by him and approved by the President of the
Philippines. The Secretary of the Board of Examiners in
involving pharmaceutical products and health care; or
(i) Provide other services where pharmaceutical
knowledge is required.
Activities under paragraphs (a), (b), (c), (d) and (i) are
exclusive to licensed pharmacists. However, nothing
herein shall be construed as requiring other persons
carrying out only the activities under paragraphs (e), (f),
(g) and (h) to be licensed pharmacists, subject to any
qualification that is imposed by other laws with respect to
such particular activity.
All pharmacists are expected to abide by current
standards such as the Philippine Practice Standards for
Pharmacists, Good Laboratory Practice, Good
Distribution Practice, Good Manufacturing Practice and
Good Clinical Practice, which are deemed vital in the
performance of their roles and functions in different
practice areas.
The Professional Regulatory Board of Pharmacy,
hereinafter created, subject to the approval of the PRC,
as provided for by Republic Act No. 8981, otherwise
known as the "PRC Modernization Act of 2000", and in
consultation with the integrated and accredited
professional organization (APO), may modify the
above-enumerated acts, services, or activities, as the
need arises, in order to conform to the latest trends and
developments in the practice of the pharmacy profession:
Provided, That such modifications are consistent with the
enumeration above.
Section 5. Definition of Terms. - As used in this Act:
(a) Accredited professional organization (APO) refers to
the duly integrated and accredited professional
organization of registered and licensed pharmacists, of
which there shall be only one (1), as prescribed under
Section 41, Article V of this Act;
(b) Adult vaccines refer to cervical cancer, flu (influenza),
pneumococcal, other pre-exposure prophylactic vaccines
to be administered to patients aged eighteen (18) years
and above, and such other vaccines as may be defined
by the Department of Health (DOH) in an administrative
issuance;
(c) Adulterated/Deteriorated pharmaceutical products
refer to pharmaceutical products unfit for human
consumption, following the standards of quality or purity
of which, are as those stated in the United States
Pharmacopeia/National Formulary and Philippine
accordance with Republic Act Numbered Five hundred
and forty six shall also be the Secretary of the Board. To
assist both officials, there shall be appointed from the
ranking employees of the Board of Examiners, an
Assistant Secretary, a Legal Officer and a Records
Officer with compensation of eight thousand eight
hundred thirty-two pesos, seven thousand two hundred
thirty-six pesos and five thousand nine hundred
twenty-eight pesos, respectively who may also perform
identical functions for the other existing examination
boards. All the records of the Board including
examination papers, minutes of deliberation and records
of administrative proceedings shall be kept by the
Secretary of the Board.
Section 11. Powers and duties of the Board. The Board
of Pharmacy, conformably with the provisions of this Act
is vested with authority:
(a) To examine applicants for the practice of pharmacy;
(b) To issue certificates of registration or pharmacists.
(c) To reprimand any pharmacist or to suspend or revoke
his certificate of registration on the grounds as provided
for in Section thirteen hereof, after a formal administrative
investigation has been conducted by it.
(d) To promulgate from time to time the necessary rules
and regulations for the effective enforcement of this Act,
subject to the approval of the President upon advice of
the Commissioner of Civil Service;
(e) To study the conditions affecting the practice of
pharmacy in the Philippines;
(f) To check the employment of qualified personnel in
drug stores, hospital pharmacies, drug or pharmaceutical
laboratories, cosmetic laboratories and similar
establishments for which the Board may designate
inspectors from the Board of Pharmacy; and
(g) To encourage the development of botanical gardens
and their inspection particularly the propagation of
Philippine medicinal plants with the cooperation of the
Department of Agriculture and Natural Resources.
Section 12. Detailmen, requirements, qualifications and
fees. Any person who shall be employed as detailman by
any pharmaceutical or drug laboratory or other
manufacturers of medical, dental pharmaceutical,
biological and veterinary products and by distributors,
dealers or wholesalers of said products, doing business
Pharmacopeia in its latest edition or any standard
reference for drugs and medicines which are given official
recognition as well as those provided for in Republic Act
No. 3720, otherwise known as the "Food, Drug, and
Cosmetic Act", as amended, and Republic Act No. 9711,
known as the "Food and Drug Administration Act of
2009";
(d) Biopharmaceuticals refer to pharmaceutical products
that are used for therapeutic or for in vivo diagnostic
purposes, such as vaccines, sera, and drugs derived from
life forms using biotechnology. These include proteins,
nucleic acids, or living microorganisms where the
virulence is reduced and are used for therapeutic or for in
vivo diagnostic purposes;
(e) Brand name refers to the proprietary name given by
the manufacturer to distinguish its product from those of
competitors;
(f) Cipher, Code, or Secret Key refers to a method of
secret writing or use of characteristic style or symbol by
substituting other letter/s or character/s for the letter/s
intended, for the purpose of misleading the consumer;
(g) Compounding refers to the sum of processes
performed by a pharmacist in drug preparation including
the calculations, mixing, assembling, packaging, or
labeling of a drug: (i) as the result of a prescription or drug
order by a physician, dentist, or veterinarian; or (ii) for the
purpose of, or in relation to, research, teaching, or
chemical analysis;
(h) Continuing professional development (CPD) refers to
the inculcation of advanced knowledge, skills, and ethical
values in a post-licensure specialized or in an inter- or
multidisciplinary field of study for assimilation into
professional practice, self-directed research, and/or
lifelong learning;
(i) Cosmetics refer to a substance or preparation intended
to be placed in contact with the various external parts of
the human body or with the teeth and the mucous
membranes of the oral cavity, with a view exclusively or
mainly to cleaning them, perfuming them, changing their
appearance and/or correcting body odor, and/or
protecting the body or keeping them in good condition, as
defined under Republic Act No. 9711;
(j) Counterfeit pharmaceutical products refer to
pharmaceutical products which do not contain the
amounts as claimed; with wrong ingredients; without
active ingredients; or with insufficient quantity of active
directly or indirectly in the Philippines, shall be required,
at the beginning of each year, to register with the Board
of Pharmacy that he is employed as such.
(a) An applicant for registration shall be, preferably, a
graduate of a college of pharmacy.
There shall be an initial fee of twenty pesos upon
registration and thereafter fifteen pesos shall be charged
annually for renewal. Upon payment of said fees, the
proper credential shall be issued to the applicant.
(b) It shall be incumbent upon the drug establishments
referred to in this section to require that detailmen
employed or to be employed by them possess the
necessary credentials issued by the Board of Pharmacy
as provided for herein.
For purposes of this section, a detailman is one who
represents any duly authorized manufacturer, dealer,
distributor, representative or wholesaler of drugs,
pharmaceuticals, biologic products and devices, whose
primary duty is to introduce or reacquaint a product or
products prepared, distributed or made by said
manufacturers, dealer, distributor, representative or
wholesaler to the physician, dentist, pharmacist,
veterinarian or any other qualified person and which
forms part of their program for promotion by describing its
use, composition, action, dosage, administration,
contra-indication, advantages and other salient
information relative to said drug, pharmaceutical,
biological product or device.
Section 13. Grounds for reprimand, suspension or
revocation of registrant certificate. Any of the following
shall be sufficient ground for reprimanding a pharmacist,
or for suspending or revoking his certificate of
registration:
(a) Conviction by a court of competent jurisdiction of any
violation as penalized in sections forty and forty-one
hereof;
(b) Immoral or dishonorable conduct which includes
conviction by a competent court of any criminal offense
involving moral turpitude;
(c) Fraud or deceit in the acquisition of the certificate of
registration;
(d) Gross negligence, ignorance or incompetence in the
practice of his profession resulting in the injury damage
ingredients, which result in the reduction of the products’
safety, efficacy, quality, strength, or purity. These also
refer to products that are deliberately and fraudulently
mislabeled with respect to identity and/or source or with
fake packaging, and can apply to both branded and
generic products, including the following:
(1) The pharmaceutical product itself or the container or
labeling thereof or any part of such product, container, or
labeling, bearing without authorization; the trademark,
trade name, or other identification marks or imprints or
any likeness to that which is owned or registered in the
Intellectual Property Office (IPO) in the name of another
natural or juridical person;
(2) A pharmaceutical product refilled in containers bearing
legitimate labels or marks, without authority; and
(3) A pharmaceutical product which contains no amount
of or 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 of efficacy due to expiration;
(k) Dangerous drugs refer to those listed in the: (1)
Schedules annexed to the 1961 Single Convention on
Narcotic Drugs, as amended by the 1972 Protocol; (2)
Schedules annexed to the 1971 Single Convention on
Psychotropic Substances; and (3) Annex of Republic Act
No. 9165, otherwise known as the "Comprehensive
Dangerous Drugs Act of 2002", and its amendments;
(l) Dispensing refers to the sum of processes performed
by a pharmacist from reading, validating, and interpreting
prescriptions; preparing; packaging; labeling; record
keeping; dose calculations; and counseling or giving
information, in relation to the sale or transfer of
pharmaceutical products, with or without a prescription or
medication order;
(m) Drugs refer to pharmaceutical products that pertain 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 the
following:
(1) Any article recognized in the official United States
Pharmacopeia/National Formulary, Homeopathic
Pharmacopeia of the United States of America, Philippine
Pharmacopeia, Philippine National Drug Formulary,
British Pharmacopoeia, European Pharmacopoeia,
Japanese Pharmacopoeia, and any official compendium
or death of another;
(e) Malpractice, including aiding or abetting the
commission of criminal abortion or sex crimes through
illegal compounding, dispensing or sale of abortive or sex
drugs as the case may be;
(f) Acting as a dummy of an alien or of a person who is
not qualified to establish and operate a retail drugstore;
(g) Addiction to alcoholic beverage or to any
habit-forming drug rendering him incompetent to practice
his profession;
(h) Insanity;
(i) False or extravagant or unethical advertisements
wherein other things than his name, profession, limitation
of practice, office and home address and the like are
mentioned; and
(j) Violations of any provision of the Code of Ethics which
may be adopted as part of the Rules and Regulations of
the Board.
Section 14. Administrative Investigation. Administrative
investigations shall be conducted by all the members of
the Board sitting en banc. The existing rules of evidence
shall be observed as far as practicable during
administrative investigations.
If the Board, by 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. In case of
suspension, it shall be for a period of not more than six
months. Where the certificate of registration has been
revoked as herein provided, the Board may, after the
expiration of six months and upon application, issue a
new certificate of registration in place of a revoked
certificate without the necessity of undergoing any
examination if the respondent in the meanwhile has
conducted himself in an exemplary manner.
Section 15. Procedure and rules. The Board of
Pharmacy upon receipt of a formal complaint under oath
against any pharmacist, shall furnish the latter a copy of
the complaint which he shall answer within ten days from
receipt hereof. If the Board of Pharmacy, after careful
study of the records, finds that there is a valid grounds to
the charge it shall conduct a formal investigation setting
the dates of hearing thereof. For this purpose, a
subpoena or subpoena duces tecum may be issued by
or any supplement to them;
(2) Any article intended for use in diagnosis, cure,
mitigation, treatment, or prevention of disease of man or
animals;
(3) Any article, other than food, intended to affect the
structure or any function of the human body or animals;
(4) Any article intended for use, as a component of
articles, specified in clauses (1), (2) and (3), not including
devices or their components, parts and accessories; and
(5) Herbal or traditional drugs as defined in Republic Act
No. 9502;
(n) Emergency cases refer to life-threatening situations
where a patient needs immediate medical attention and
treatment, including the occurrence of epidemic or natural
calamities;
(o) Expiration date refers to the end date when the
manufacturer can guarantee that a product possesses its
claimed potency, efficacy, quality, and safety; after which
its sale or distribution is prohibited;
(p) Filling refers to the act of dispensing or providing
medicines in accordance with a prescription or medication
order;
(q) Food/Dietary supplements refer to processed food
products intended to supplement the diet that bears or
contains one (1) or more of the following dietary
ingredients: vitamins, minerals, herbs, or other botanicals,
amino acids, and dietary substances to increase the total
daily intake in amounts conforming to the latest
Philippine-recommended energy and nutrient intakes or
internationally agreed minimum daily requirements. It
usually is in the form of capsules, tablets, liquids, gels,
powders, or pills and not represented for use as a
conventional food or as the sole item of a meal or diet or
replacement of drugs and medicines, as defined under
Republic Act No. 9711;
(r) Generic name refers to the scientifically and
internationally recognized name of the active ingredients,
as approved by the FDA pursuant to Republic Act No.
6675, otherwise known as the "Generics Act of 1988";
(s) Health supplement refers to any product that is used
to maintain, enhance and improve the healthy function of
the human body and contains one (1) or more or a
combination of the following: (1) herbal fatty adds,
the Chairman of the Board. The proceedings shall at all
times be recorded. The investigation shall be terminated
and resolved within ninety days from the time of the first
date of hearing has been set and heard.
Section 16. Right of respondent. The respondent
pharmacist shall be entitled to be heard by himself or be
represented by counsel; to have a speedy and public
hearing to confront and to cross-examine witnesses
against him; to summon and present witnesses in his
behalf; and to any other process for the protection of his
individual or civil rights.
Section 17. Appeal from judgment. The decision of the
Board of Pharmacy shall automatically become final thirty
days from notice to respondent, unless the latter after
receipt of the decision and within the same period has
appealed to the President of the Philippines.
Section 18. Candidate for board examination. A
candidate for the board examination in Pharmacy shall
have the following qualifications:
(a) He shall be a natural-born citizen of the Philippines;
(b) He shall be of good moral character;
(c) He shall have completed an Internship Program which
shall consist of at least nine hundred sixty hours, one-half
of which shall be spent equally distributed in a
prescription pharmacy, a pharmaceutical manufacturing
laboratory and a hospital pharmacy duly accredited by
the Council of Pharmacy and the rest of the hours of
internship shall be spent in any or all of the said
establishments at the choice of the candidate.
For this purpose, the above-mentioned prescription
pharmacy, pharmaceutical manufacturing laboratory and
hospital pharmacy shall keep a separate record of
Pharmacy students who have undergone 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 annually a complete report of the names of
those who have undergone training under their
supervision and the corresponding number of hours of
internship credit of each of the pharmacy students to their
respective colleges or school and to the Board of
Pharmacy for proper accreditation; and
(d) He shall have graduated with a degree of Bachelor of
Science in Pharmacy or with an equivalent degree from a
school, college or university duly accredited by the
enzymes, probiotics, and other bioactive substances; and
(2) substances derived from natural sources, induding
animal, plant, mineral, and botanical materials in the form
of extracts, isolates, concentrates, metabolites, synthetic
sources of substances mentioned in (1) and (2). It is
presented in dosage forms or in small unit doses such as
capsules, tablets, powder, liquids and it shall not include
any sterile preparations (i.e. injectibles, eyedrops);
(t) Household remedies refer to any preparation
containing pharmaceutical substances of common or
ordinary use to relieve common physical ailments and
which may be dispensed without a medical prescription in
original packages, bottles or containers, of which the
nomenclature has been duly approved by the FDA;
(u) Institutional pharmacies refer to pharmacies of
institutions, organizations, and/or corporations that
provide a range of pharmaceutical services, given
exclusively to the employees and/or their qualified
dependents;
(v) Internship program refers to a supervised practical
experience that is required to be completed for licensure
as a registered pharmacist;
(w) Label refers to a display of written, printed, or graphic
matter on the immediate container of any article;
(x) Labeling materials refer to 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;
(y) Medical device refers to any instrument, apparatus,
implement, machine, appliance, implant, in vitro reagent
or calibrator, software, material or other similar or related
article intended by the manufacturer to be used alone, or
in combination, for human beings, for one (1) or more of
the specific purposes of: diagnosis, prevention,
monitoring, treatment, or alleviation of disease; diagnosis,
monitoring, treatment, or alleviation of or compensation
for an injury; investigation, replacement, modification or
support of the anatomy of a physiological process;
supporting or sustaining life; preventing infection; control
of conception; disinfection of medical devices; and
providing information for medical or diagnostic purposes
by means of in vitro examination of specimens derived
from the human body. This device 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 its intended function by such
Council of Pharmaceutical Education after satisfactorily
completing a standard pharmacy course of not less than
five academic years.
Section 19. Scope of Examination. The pharmacist
examination shall consist of both theoretical and practical
examinations. The theoretical examination shall include
subjects in Chemistry, Biological Sciences and
Pharmacy.
The Chemistry subjects shall include (1) General,
Inorganic, Pharmaceutical and Physical Chemistry, (2)
Organic and Medicinal or Pharmaceutical Chemistry, (3)
Qualitative, Quantitative and Drug Assaying. The
Biological Science subjects shall include (4) Physiology
and Biochemistry, (5) Microbiology and Public Health, (6)
Pharmacology and Toxicology. The Pharmacy subjects
shall include (7) Botany and Pharmacognosy, (8) General
Pharmacy, (9) Compounding and Dispensing, (10)
Physical and Manufacturing Pharmacy, (11) Pharmacy
Administration, and (12) Pharmaceutical Jurisprudence
and Ethics. The subjects shall be weighted as follows:
Chemistry, thirty per cent; Biological Science, twenty per
cent; Pharmacy, fifty per cent.
The practical examination shall consist of (1)
Identification and Analysis of Drugs, (2) Preparation of
Official Pharmaceuticals, (3) Compounding and
Dispensing of Prescriptions and Fixing of Prices of
Prescriptions, and (4) Manufacturing Pharmacy and
Quality Control. The practical examination shall be
weighted as follows: Identification and Analysis of Drugs,
thirty per cent; Compounding of Official Pharmaceutical
Preparations, Dispensing and Fixing of Price of
Prescription and Manufacturing Pharmacy and Quality
Control, seventy per cent.
It shall be the duty of the Board of Pharmacy to prepare
the schedules of the theoretical and practical
examinations and the syllabus of each subject to be
given two months before the dates of the examination
wherein they are to be used.
Section 20. Ratings required. In order to pass the
examination, a candidate must obtain on the basis of one
hundred per cent a general average of seventy-five per
cent or over in both the theoretical and practical
examinations, with no ratings below fifty per cent in more
than two subjects in the theoretical examinations:
Provided, That any candidate who passed in the
theoretical examination but failed in the practical
examination, may, upon taking a re-examination, repeat
only the practical examination and vice-versa: Provided,
means, as defined under Republic Act No. 9711;
(z) Medical mission refers to an activity conducted on
normal circumstances of an individual or a group of health
care practitioners to provide health services outside the
hospital, clinic, and health care facility premises as
differentiated from humanitarian missions and relief
operations which is conducted during emergency
situations such as calamity, war, or natural and
man-made disasters;
(aa) Medicines refer to drugs in their appropriate dosage
forms, with assured quality, safety and efficacy for
humans or animals, or both;
(bb) Medical representative or professional service
representative refers to one who represents any duly
authorized manufacturer, distributor, trader, and
wholesaler of pharmaceutical products and whose
primary duty is to promote their products to duly licensed
health professionals;
(cc) Nontraditional outlets refer to entities licensed by
appropriate government agencies to dispense
over-the-counter medicines based on an approved list;
(dd) Online pharmacy services refer to pharmaceutical
services of a duly licensed pharmaceutical outlet done
over the internet;
(ee) Over-the-counter (OTC) medicines refer to medicines
used for symptomatic relief of minor ailments and which
may be dispensed without a prescription;
(ff) Pharmaceutical establishments refer to entities
licensed by appropriate government agencies, and which
are involved in the manufacture, importation, exportation,
repacking, and distribution of pharmaceutical products to
pharmaceutical outlets;
(gg) Pharmaceutical manufacturers refer to
establishments engaged in any or all operations involved
in the production of pharmaceutical products including the
preparation, processing, compounding, formulating, filling,
packaging, repackaging, altering, ornamenting, finishing
and labeling, preparatory to their storage, sale, or
distribution, except the compounding and filling of
prescriptions in pharmaceutical outlets;
(hh) Pharmaceutical marketing refers to any activity
undertaken, organized, or sponsored by a pharmaceutical
establishment or outlet which is directed at promoting its
further, That any candidate who fails to pass the
theoretical or practical examination in three successive
attempts shall not be admitted in the fourth examination
unless be could present to the Board a certification that
he had enrolled and undergone within the year
preceding, a pre-board review course from a duly
accredited college of Pharmacy.
Section 21. Holding of examination. Examination for
registration to practice pharmacy in the Philippines shall
be given twice a year in the City of Manila and
environment as the Board of Pharmacy may fix.
Section 22. Fees for examination and registration. The
Board of Pharmacy shall charge for each applicant for
examination the sum of fifty pesos, and after passing the
Board examinations, for each certificate of registration
twenty pesos; and for each duplicate registration
certificate, ten pesos. All fees shall be paid to the cashier
of the Board of Examiners and all expenses, including
the fees of the Board members shall be disbursed by him
from such funds.
ARTICLE IV
Practice of Pharmacy
Section 23. Definition of practice of pharmacy. A person
shall be deemed to be practicing pharmacy within the
meaning of this Article, who shall, for fee, salary,
percentage or other reward paid or given directly to
himself or indirectly through another, prepare or
manufacture, analyze, assay, preserve, store, distribute
or sell any medicine, drug, chemicals, cosmetics,
pharmaceuticals, devices or contrivances used in
pursuance thereof; or render pharmaceutical service in
any office or drug and cosmetic establishment where
scientific, technological or professional knowledge of
Pharmacy is applied; or engage in teaching scientific,
technological or professional pharmacy subject in a
college of pharmacy; or conduct or undertake scientific
pharmaceutical research for biological and bacteriological
testings and examinations.
However, persons performing executive managerial or
administrative functions and their subordinate personnel
employed in the pharmaceutical laboratories referred to
in the second paragraph of Section twenty-seven hereof
shall not be considered for purposes of this definition,
considered persons in the practice of pharmacy.
Section 24. Prerequisite for the practice of pharmacy. No
person shall engage in the practice of pharmacy in the
product;
(ii) Pharmaceutical outlets refer to entities licensed by
appropriate government agencies, and which are involved
in compounding and/or dispensing and selling of
pharmaceutical products directly to patients or end-users;
(jj) Pharmaceutical products refer to drugs, medicines,
biologicals, pharmaceutical and biopharmaceutical
products/specialties, veterinary products, veterinary
biologies and veterinary medicinal products;
(kk) Pharmacist refers to a health professional who has
been registered and issued a valid Certificate of
Registration (COR) and Professional Identification Card
(PIC) by the PRC and the Professional Regulatory Board
of Pharmacy;
(ll) Pharmacist-only OTC medicines refer to
over-the-counter medicines classified by appropriate
government agencies to be obtained only from a licensed
pharmacist, with mandatory pharmacist’s advice on their
selection and proper use;
(mm) Pharmacy aides refer to persons who assist the
pharmacists in the different aspects of pharmacy
operation based on established standard operating
procedures and processes, with very minimal degree of
independence or decision making and without direct
interaction with patients:
(nn) Pharmacy assistants refer to persons who assist the
pharmacists in different aspects of pharmacy operation
based on established standard operating procedures and
processes, with a minimum degree of independence or
decision making and may have supervised interaction
with patients;
(oo) Pharmacy technicians refer to persons who assist in
compounding and dispensing of medicines in community,
hospital, institutional and industrial settings or engaged in
other activities under the supervision of the pharmacist as
described in Section 39, Article IV of this Act;
(pp) Philippine Practice Standards for Pharmacists refer
to the established national framework for quality
standards and guidelines of the practice of pharmacy that
respond to the needs of the people who require the
pharmacists’ services to provide optimal, evidence-based
care as formulated by the integrated APO and approved
by the Professional Regulatory Board of Pharmacy;
(qq) Physician’s samples refer to medicines given to
Philippines unless he is at least twenty-one years of age,
has satisfactorily passed the corresponding examination
given by the Board of Pharmacy, and is a holder of a
valid certificate of registration duly issued to him by said
Board.
Section 25. Sale of medicine, pharmaceuticals, drugs
and devices. No medicine, pharmaceutical, or drug of
whatever nature and kind or device shall be
compounded, dispensed, sold or resold, or otherwise be
made available to the consuming public except through a
prescription drugstore or hospital pharmacy, duly
established in accordance with the provisions of this Act.
Pharmaceutical, drug or biological manufacturing
establishments, importers and wholesalers of drugs,
medicines, or biologic products are authorized to sell
their products only at wholesale to duly established retail
drugstore or hospital pharmacies.
Section 26. Markings and inhibition to the sale of drug
samples. No sample of any drug, biological product,
device or proprietary medicine, given or intended to be
given for free to the physician and other qualified person
by any manufacturer or distributor of its representative or
detailman as part of its program or promotion, may 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.
Section 27. Pharmacist required and compensation.
Every pharmacy, drugstore or hospital pharmacy whether
owned by the government or a private person or firm
shall at all times when open for business be under the
personal and immediate supervision of a registered
pharmacist: Provided, That no pharmacist shall have
personal supervision of more than one such
establishment. In cases where a drug establishment
operates in more than one shift, each shift must be under
the supervision and control of a registered pharmacists.
Drug or pharmaceutical laboratories or similar
establishments engaged in the repackaging, manufacture
or sale of drugs, biologic products and pharmaceutical
products in quantities greatly in excess of the therapeutic
doses of each substance; such processes involving the
preparation, quality control or repackaging of said
products shall for each respective operation be under the
direct and immediate supervision of a registered
pharmacist, or, in the sale of pharmaceuticals, medicines
and drugs at wholesale, such business shall be
health professionals for promotional purposes only;
(rr) Prescription/Ethical medicines refer to medicines
which can only be dispensed by a pharmacist to a patient,
upon the presentation of a valid prescription from a
physician, dentist, or veterinarian and for which a
pharmacist’s advice is necessary;
(ss) Refilling of a prescription refers to the act of
dispensing the remaining balance of medicines ordered in
the prescription;
(tt) Referral refers to the process wherein a pharmacist
provides consultative services and conducts preliminary
assessment of symptoms and refers the patient to a
physician or other health care professional;
(uu) Referral registry refers to the record book maintained
by pharmacists, listing the patients referred to different
health facilities for further diagnosis;
(vv) Refresher program refers to a prescribed study
program in an accredited school of pharmacy; and
(ww) Telepharmacy services refer to pharmaceutical
services of a duly licensed pharmaceutical outlet done
through the use of telephone, teleconferencing, or
facsimile.
Article II
The Professional Regulatory Board of Pharmacy
Section 6. Creation of the Professional Regulatory Board
of Pharmacy. - There is hereby created a Professional
Regulatory Board of Pharmacy, hereinafter called the
Board, under the administrative control and supervision of
the PRC, to be composed of a Chairperson and two (2)
members, to be appointed by the President of the
Philippines from a list of three (3) recommendees for each
position ranked in the order of preference and submitted
by the PRC from a list of five (5) nominees submitted for
each position by the duly integrated APO of pharmacists.
Section 7. Qualifications of the Chairperson and
Members of the Board. - The Chairperson and members
of the Board, at the time of nomination, must:
(a) Be a citizen of the Philippines and a resident for at
least five (5) years;
(b) Be a duly registered and licensed pharmacist in the
Philippines, preferably a holder of a masteral degree in
conducted under the immediate supervision of a
registered pharmacist practicing only in such
establishment.
Every pharmacist employed as such in any of the
establishments mentioned in this section whose
capitalization is not less than ten thousand pesos shall
receive, notwithstanding any provisions of law to the
contrary, a minimum compensation similar to that of
government pharmacists.
Section 28. Display of certificate required. It shall be the
duty of every pharmacist engaged in the practice of
pharmacy either on his own account or under the employ
of another, to display his certificate of registration in a
prominent and conspicuous place in pharmacy,
drugstore, hospital pharmacy or drug establishment
which he operates or in which he is employed. No
pharmacist shall with his knowledge allow his certificate
of registration to be displayed in such establishments
when he is not actually employed or operating therein in
his professional capacity.
Section 29. Responsibility for quality of drugs. In cases
of drugs, pharmaceuticals or poisons 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 in his
absence, upon the importer, the distributor,
representative or dealer who was responsible for their
distribution or sale.
It shall be unlawful for any reason, whoever, to
manufacture, prepare, sell or administer any prescription,
drug, pharmaceutical or poison under any fraudulent
name, direction or pretense or to adulterate any drug,
pharmaceutical, medicine or poison so used, sold or
offered for sale. Any drug, pharmaceutical, medicine or
poison shall be held to be adulterated or deteriorated
within the meaning of this section if it differs from the
standard of quality or purity given in the United States
Pharmacopoeia or National Formulary, both in their latest
edition or, in lieu thereof, in any standard reference for
drugs and medicines given official recognition; and those
which fall within the meaning as provided for in the Food,
Drug and Cosmetic Act, (Republic Act Numbered
Thirty-seven hundred twenty).
Section 30. Filling and refilling of prescription. No
prescription shall be filled or compounded except by a
registered pharmacist in the employ of the drugstore or
pharmacy. It shall be incumbent upon the pharmacist so
compounding or filling the prescription to see to it that
Pharmacy, or its equivalent;
(c) Have been in the active practice of pharmacy for the
past ten (10) years;
(d) Have not been convicted of a crime involving moral
turpitude;
(e) Be a member in good standing of the APO for at least
five (5) years, but not an officer or trustee thereof; and
(f) At the time of appointment, must neither be a member
of the faculty nor an administrative officer of any school,
college or university offering degree programs in
pharmacy nor has any direct or indirect pecuniary interest
or connection in any review center or similar institution.
Section 8. Powers, Functions, and Responsibilities of the
Board. - The Board shall exercise the following powers,
functions, and responsibilities:
(a) Administer and implement the provisions of this Act;
(b) Promulgate rules and regulations, administrative
orders, and issuances necessary to carry out the
provisions of this Act;
(c) Prepare licensure examination questions, score, and
rate the examinations and submit the results thereof to
the PRC. The Board shall prepare, adopt, issue, or
amend the syllabi or tables of specifications of the
subjects in the licensure examination, in consultation with
the academe and the Commission on Higher Education
(CHED);
(d) Recommend the issuance, suspension, revocation, or
reinstatement of the COR, PIC or Special/Temporary
Permits (STP) for the practice of pharmacy;
(e) Administer oaths in accordance with the provisions of
this Act;
(f) Regulate and monitor the practice of pharmacy in the
Philippines, including the practice of subprofessional
services such as pharmacy technicians, pharmacy
assistants, aides, and other medicine handlers, as
described in this Act; adopt measures that may be
deemed proper for the enhancement of the profession
and the maintenance of high professional, academic,
ethical, and technical standards; and conduct ocular
inspection of pharmaceutical establishments and higher
education institutions (HEIs), in coordination with
every component of the prescription called for metes the
standard or purity and quality given in the standard
references. Students undergoing pharmaceutical
internship may assist said pharmacist in the
compounding and dispensing of the prescription called
for.
No prescription shall be refilled except upon express
order of the person so prescribing.
Section 31. Label of dispensed medicine. Upon every
box, bottle, or other package containing medicine sold or
dispensed by a pharmacist based on prescription, there
shall be pasted, affixed or imprinted a seal of label
bearing, among others, the name and address of
pharmacy; the names and quantities of the ingredients;
required doses thereof, its expiration date if any; the
name of the prescriber, date and the number of
prescription; and the direction for its use.
Every prescription, which in its preparation, contains any
quantity of a drug which is habit-forming, or a derivative
of such drug, shall have in the label attached to the
container the added statement "Warning may be habit
forming.
Every prescription for external use filled in the drugstore
shall bear a red label showing in black ink the
components of such prescription and the words "For
external use only" at the bottom of the label.
Section 32. Record books for prescription. All
prescriptions dispersed in the drugstore shall be recorded
in the book kept for the purpose indicating therein,
among others, the name of the manufacturer, the original
stock, lot and control numbers of the main ingredients of
the prescriptions, which book 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 years the last entry in it
has been made. All prescription shall be attached to said
book for prescriptions and numbered consecutively and
shall be preserved for the same length of time as the
prescription book.
Section 33. Inhibition against use of cipher or unusual
terms in prescriptions and prescription switching. No
pharmacist shall compound or dispense prescriptions,
recipes or formulas which are written in ciphers, codes or
secret keys or in which they are employed unusual
names of drugs which differ from the names ordinarily
used for such drugs in standard pharmacopoeias or
concerned government agencies;
(g) Promulgate and prescribe the Pharmacists’ Code of
Ethics, Code of Technical Standards and Guidelines for
the Professional Practice of the Pharmacy Profession, in
coordination with the APO;
(h) Represent the pharmacy profession in all fora
involving concerns and issues related to pharmaceutical
products and the practice of pharmacy;
(i) Investigate cases arising from violations of this Act, the
rules and regulations promulgated pursuant thereto, the
Pharmacists’ Code of Ethics, Code of Technical
Standards and Guidelines for the Professional Practice of
the Pharmacy Profession, and other Board issuances;
issue summons, subpoena ad testificandum and
subpoena duces tecum to secure the attendance of
witnesses or production of documents, or both, and other
evidence necessary for such investigation or hearing; and
render decision thereon which shall, unless appealed to
the PRC, become final and executory after fifteen (15)
days from receipt of notice of judgment or decision;
(j) Delegate the he aring or investigation of administrative
cases filed before the Board, except where the issue or
question involves the practice of the profession, in which
case, the hearing shall be presided over by at least one
(1) member of the Board, to be assisted by a Legal or
Hearing Officer of the PRC;
(k) Conduct, through the Legal Officers of the PRC,
summary proceedings on minor violations of this Act, the
General Instruction to the Examinees, including the
implementing rules and regulations issued by the Board,
and to render summary judgment thereon which shall,
unless appealed to the PRC, become final and executory
after fifteen (15) days from receipt of notice of judgment
or decision;
(l) Issue and promulgate guidelines on CPD, in
coordination with the APO;
(m) Recommend the accreditation of the standardized
training programs for and certifications of medical
representatives or professional service representatives,
pharmacy technicians, pharmacy assistants, pharmacy
aides and other medicine handlers covered in Section 39,
Article IV of this Act. The Board shall promulgate the
criteria and guidelines in the accreditation of training
programs and certifications as described above, in
coordination with the APO and with other concerned
formularies.
No pharmacist dispensing or compounding prescriptions
shall 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.
Section 34. Provisions relative to dispensing of violent
poisons. Every pharmacist who dispenses, sells or
otherwise delivers any of the violent poisons intended for
medicinal use, to wit: arsenical preparations, phosphorus;
corrosive sublimate; atropine, strychnine, or any of their
salts, hycocyanic acid or any of its salts; oil of bitter
almonds containing hydrocyanic acid or prassic acid; oil
of mirbane (Nitro-benzene); and such other poisonous
substances which may from time to time be classified
under this category by the Food and Drug Administration;
shall do so only upon prescription of a duly licensed
physician, dentist or veterinarian. He shall make or cause
to be made in a separate book, kept for the purpose, an
entry stating the date of each sale and the name and
address of the purchaser, the name and quantity of the
poison sold and the purpose for which it was claimed to
be purchased, before delivering it to the purchaser.
No prescription, the prescribed dose of which contains a
dangerous quantity of poison, shall be filled without first
consulting the prescribing authority and verifying the
prescription. The pharmacist before delivery of such
poison to the purchaser shall acquaint the latter of its
poisonous character.
The pharmacist shall also affix to every box, bottle or
other package containing any dangerous or poisonous
drug, another label of red paper upon which shall be
printed in large letters the word "Poison" and a vignette
representing a skull and bones before delivering it to the
purchaser.
No poison specified in this section shall be sold or
otherwise delivered to any person less than eighteen
years of age or who is mentally deranged or under the
influence of liquor or one who is apparently addicted to
opiate and other habit-forming drugs.
The books kept for the purpose of recording the sale of
violent poisons shall be open at all times to the inspection
of the proper authorities, and every such book shall be
preserved for at least five years after the last entry in it
has been made.
Should any of the poisons above-stated be intended for
government agencies;
(n) Accredit Specialty Boards of Pharmacy based on the
criteria that it shall establish and prescribe; and
(o) Perform and discharge such other functions and
responsibilities, as may be deemed implied, incidental,
and necessary, to preserve the integrity of the pharmacy
licensure examination and to enhance and upgrade the
practice of the pharmacy profession in the country.
Section 9. Term of Office of the Members of the Board. -
The Chairperson and members of the Board shall hold
office for a term of three (3) years from the date of
appointment or until their successors shall have been
qualified and appointed. They may be reappointed in the
same office for another term of three (3) years
immediately after the expiry of their term; Provided, That
no member of the Board shall hold office for more than
two (2) terms or not more than six (6) years; Provided,
further, That the first Board appointed under this Act shall
hold these terms cf office: the Chairperson for three (3)
years, the first member for two (2) years, and the second
member for one (1) year; Provided, finally, That an
appointee to a vacancy shall serve only the unexpired
portion of the term of office. The Chairperson and
members of the Board shall duly take their oath of office
before a duly authorized officer.
Section 10. Compensation and Allowances of the Board.
- The Chairperson and members of the Board shall
receive compensation and allowances comparable to the
compensation and allowances received by the members
of the other existing professional regulatory boards under
the PRC, as provided for in the General Appropriations
Act.
Section 11. Grounds for Suspension or Removal from
Office of the Chairperson or Member of the Board. - The
President of the Philippines may, upon recommendation
of the PRC and after due process, suspend or remove the
Chairperson or any member of the Board on any of the
following grounds:
(a) Gross neglect, incompetence, or dishonesty in the
discharge of duty;
(b) Involvement in the manipulation, tampering, or rigging
of the licensure examination, its questions or results, or
both, and in the disclosure of classified and confidential
information pertaining to the licensure examination;
(c) Conviction of an offense involving moral turpitude by a
purposes other than medicinal, the same may be sold
without a prescription by the pharmacist but the other
requirements of this section must be complied with.
Section 35. Provisions relative to dispensing of less
violent poisons. Every pharmacist who dispenses, sells
or delivers any poison which is less violent in category as
classified by the Food and Drug Administration may do
so even without the prescription of a physician and its
sale may be recorded in the poison book. The other
requirements as provided for in Section thirty-four hereof,
however, shall be complied with.
Section 36. Receptacle for poisonous drugs. The
poisonous drugs specified in Section thirty-four and
thirty-five hereof shall be kept in a cabinet to be provided
in every pharmacy carrying such drugs in stock and the
same shall be kept securely-locked when not in use.
Section 37. Provisions relative to dispensing of
abolifecients or anti-conceptional substances and
devices. No drug or chemical product or device capable
of provoking abortion or preventing conception as
classified by the Food and Drug Administration shall be
delivered or sold to any person without a proper
prescription by a duly licensed physician.
The pharmacist in charge of a drug store or pharmacy
after filling a prescription containing abortive or
anti-conceptional substance or devices shall record in a
separate register book for abortives and
anti-conceptionals, the following data;
(a) Number and date of the prescription;
(b) Name and address of the physician;
(c) Name, quantity and manufacturer of the drug;
(d) Name and address of the purchaser;
(e) Date of filling the prescription; and
(f) Signature of the pharmacist filling the prescription.
Section 38. Provisions relative to dispensing of potent
drugs. Every pharmacist who dispenses, sells or delivers
any drug, which falls under the classification of the Food
and Drug Administration as potent drugs shall do so only
upon prescription of a duly licensed physician, dentist or
veterinarian.
Section 39. Requirements for the opening and operation
court of competent jurisdiction; and
(d) Unprofessional, unethical, immoral, or dishonorable
conduct.
The PRC, in the conduct of investigation, shall be guided
by Sections 7 and 15 of Republic Act No. 8981, the
existing rules on administrative investigation, and the
Rules of Court.
Section 12. Custodian of its Records, Secretariat and
Support Services. - All records of the Board, pertaining to
the applications for examinations, administrative and
other investigative hearings conducted by the Board, shall
be under the custody of the PRC. The PRC shall
designate a Secretary who shall provide the Board with
secretariat and other support services to implement the
provisions of this Act.
Article III
Examination, Registration, and Licensure
Section 13. Licensure Examination Requirement. -
Unless exempted therefrom, all applicants for registration
for the practice of pharmacy shall be required to pass a
licensure examination, as provided for in this Act and
Section 7(d) of Republic Act No. 8981.
Section 14. Qualifications for the Licensure Examination.
- An applicant for the Pharmacists’ Licensure Examination
shall establish to the satisfaction of the Board that the
following qualifications are met:
(a) A citizen of the Philippines or of a foreign country
which has a law or policy on reciprocity for the practice of
the pharmacy profession;
(b) Of good moral character and reputation;
(c) A degree holder of Bachelor of Science in Pharmacy
or its equivalent degree conferred by an HEI in the
Philippines or an institution of learning in a foreign country
duly recognized by the CHED; and
(d) Has completed an internship program approved by the
Board, pursuant to such guidelines as may hereinafter be
promulgated, in consultation with the duly recognized
associations of pharmacy schools and the CHED.
Section 15. Scope of Examination. - The Pharmacists’
Licensure Examination shall cover the following subjects
on Pharmacy Science and Practice, Inorganic
of drugstores and pharmacies. The minimum
requirements necessary for the opening and operation of
drugstores and pharmacies shall be in accordance with
the rules and regulations to be prescribed by the Food
and Drug Administration in accordance with the
provisions of this Act. Only natural-born Filipino citizens
who are registered pharmacists can apply for the opening
of a retail drugstore.
Section 40. Penal provisions. Any person who shall
violate any of the provisions of Sections twelve,
twenty-four, twenty-five, twenty-six, twenty-seven and
twenty-nine of this Act or any person who shall make
false representation to procure a registration certificate
as pharmacist for himself or for another; or any person
who shall allow anyone in his employ who is not a
registered pharmacist to engage in the practice of
pharmacy; or any person who shall falsely display within
the establishment the certificate of registration of a
pharmacist who is not actually and regularly employed
therein as such or to act as a dummy for any alien or an
unqualified person for the purpose of opening and
operating a retail drugstore; shall, upon conviction
thereof, be sentenced to a fine of not less than one
thousand pesos but not exceeding four thousand pesos
or to an imprisonment of not less than six months and
one day but not more than four years, in the discretion of
the court.
Section 41. Other penalties. Any pharmacist who shall
violate any of the provisions of Sections twenty-eight,
thirty, thirty-one, thirty-two, thirty-three, thirty-four,
thirty-five, thirty-seven and thirty-eight of this Act or any
pharmacist after his certificate of registration has been
lawfully suspended or revoked, who continues to engage
in the practice of pharmacy, shall, upon conviction
thereof, be sentenced to a fine of not less than one
hundred pesos but shall not exceed five hundred pesos
or to an imprisonment of not less than thirty days but not
more than four months, in the discretion of the court.
Any person other than 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 required
be also subject to deportation.
Section 42. Definition of terms. For purposes of this Act,
the term (a) "Pharmacy" or "Drug Store" means a place
or establishment where drugs, chemical products, active
principles of drugs, pharmaceuticals, proprietary
medicines or pharmaceutical specialties, devices, and
poisons are sold at retail and where medical, dental and
Pharmaceutical Chemistry, Organic Pharmaceutical
Chemistry, Qualitative and Quantitative Pharmaceutical
Chemistry, Pharmacognosy and Plant Chemistry,
Pharmaceutical Biochemistry, Microbiology and
Parasitology, Physical Pharmacy, Biopharmaceutics,
Pharmacology and Toxicology, Manufacturing, Quality
Assurance and Instrumentation, Pharmaceutical
Calculations, Drug Delivery Systems, Hospital Pharmacy,
Clinical Pharmacy, Dispensing and Medication
Counseling, Pharmaceutical Administration and
Management, Public Health, Legal Pharmacy, and Ethics.
The Board, subject to the approval of the PRC, may
introduce relevant changes on the subject areas, format,
and content of the examination, as well as on the relative
weight attributed to each examination subject, as the
need arises, and in consultation with the duly recognized
associations of pharmacy schools and the CHED.
Section 16. Holding of Examination. - The Pharmacists’
Licensure Examination shall be given two (2) times a year
in places and dates as the PRC may designate in the
Resolution providing for the master schedule of all
licensure examinations pursuant to Section 7(d) of
Republic Act No. 8981.
Section 17. 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 percent (75%), with no rating lower than fifty
percent (50%) in any of the subjects.
An applicant who failed in the licensure examination for
the third (3rd) time shall not be allowed to take the next
succeeding examinations without having undertaken a
refresher program in a duly accredited institution. The
Board shall issue guidelines on the refresher program
requirement.
Section 18. Report of Rating. - The Board shall submit to
the PRC the ratings obtained by each candidate within
three (3) working days after the last day of the
examination, unless extended for just cause.Upon the
release of the results of the examination, the PRC shall
send by mail the rating obtained by each examinee at the
given address using the mailing envelope submitted
during the examination.
Section 19. Oath of Profession. - All successful
candidates in the licensure examination shall take their
oath of profession before any member of the Board,
officer of the PRC, or any person authorized by law to
administer oaths, prior to entering the practice of the
veterinary prescriptions are compounded and dispensed.
(b) "Drug or Pharmaceutical Laboratory" or
Pharmaceutical Manufacturing Laboratory" means an
establishment where pharmaceuticals, proprietary
medicines or pharmaceutical specialties are prepared,
compounded, standardized and distributed or sold.
(c) "Wholesaler" means and includes every person who
acts as a jobber, merchant, broker or agent, who sells or
distributes for resale pharmaceuticals, proprietary
medicines or pharmaceutical specialties.
(d) "Person" means and includes an individual,
partnership, corporation or association.
(e) "Drug" means (1) articles recognized in the official
United States Pharmacopoeia, official Hemeopathic
Pharmacopoeia of the United States or official National
Formulary, or any of their supplements; (2) articles
intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or animals; (3)
articles (other than food) intended to effect the structure
or any function of the body of man or animals; and (4)
articles intended for use as a component of any articles
specified in clauses (1), (2), or (3), but not include
devices or their components, parts or accessories.
(f) "Pharmaceuticals", "Proprietary Medicines" or
"Pharmaceutical Specialties" means any drug,
preparation or mixture of drugs marked under a trade
name and intended for the cure, mitigation or prevention
of disease in man or animals.
(g) "Device" means instruments, apparatus or
contrivances including their components, parts and
accessories, intended (1) for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in man or
animals; or
(2) to effect the structure or any function of the body of
man or animals.
(h) "Biologic Products" are viruses, sera, toxins and
analogous products used for the prevention or cure of
human diseases.
(i) "Poison" is any drug, active principle, or preparation of
the same, capable of destroying life or seriously
endangering health when applied externally to the body
or introduced internally in moderate doses.
(j) "Cipher" means a method of secret writing that
pharmacy profession.
Section 20. Issuance of Certificate of Registration and
Professional Identification Card. - A COR as a pharmacist
shall be issued to those who passed the licensure
examination, subject to compliance with the registration
requirements and payment of the prescribed fees. The
COR shall bear the registration number, the date of its
issuance, and the signatures of the Chairperson of the
PRC and the members of the Board, stamped with the
official seals of the PRC and of the Board, certifying that
the person named therein is entitled to the practice of the
profession, with all the privileges appurtenant thereto.
This COR shall remain in full force and effect until
suspended or revoked in accordance with this Act.
A PIC bearing the registration number and dates of its
issuance and expiry, duly signed by the Chairperson of
the PRC, shall likewise be issued to every registrant,
upon payment of the prescribed fees. The PIC shall be
renewed every three (3) years, upon presentation of the
Certificate of Good Standing (COGS) from the APO and
proof of completion of the CPD requirements.
Section 21. Foreign Reciprocity. - Unless the country or
state of which the foreign pharmacist is a subject or
citizen, specifically permits Filipino pharmacists to
practice within its territorial limits on the same basis as
the subjects or citizens of the said foreign country or state
under reciprocity and under international agreements, no
foreigner shall be admitted to licensure examinations,
given a COR to practice as pharmacist nor be entitled to
any of the privileges under this Act.
Section 22. Practice Through Special/Temporary Permit
(STP). - The practice of pharmacy in the Philippines shall
be limited to natural persons only and shall be governed
by the provisions of Republic Act No. 8981 and other
issuances pertinent thereto: Provided, That any foreign
citizen who has gained entry in the Philippines to perform
professional services within the scope of the practice of
pharmacy, including the following: (a) being a consultant
in foreign-funded or assisted projects of the government;
(b) being engaged or employed by a Filipino employer or
establishment; (c) providing free services in humanitarian
missions: and (d) being a visiting faculty member in any
field or specialty in pharmacy shall, before assuming such
duties, functions and responsibilities, secure an STP from
the Board and the PRC, under the following conditions:
(1) The person is an internationally renowned pharmacist
or expert in a field or specialty of pharmacy;
substitutes other letters or characters for the letter
intended or transposes the letter after arranging them in
blocks or squares.
(k) "Code" means a system of words or other symbols
arbitrarily used to represent words.
(l) "Secret Keys" means a characteristics style or symbols
kept from the knowledge of others or disclosed
confidentially to but one of few.
Section 43. Final Provisions. To carry out the provisions
of this Act, there is hereby authorized to be appropriated,
out of any funds in the National Treasury not otherwise
appropriated, the sum of thirty thousand pesos within the
fiscal year of the approval hereof. Thereafter, such funds
as are necessary for the maintenance and operation of
the Board of Pharmacy and of the Council of
Pharmaceutical Education shall be included in the annual
General Appropriations Act.
Section 44. Repealing clause. The following are hereby
repealed: Sections seven hundred seventeen to seven
hundred fifty-seven inclusive, Sections two thousand six
hundred seventy-five to two thousand six hundred
seventy-seven inclusive of the Revised Administrative
Code, as amended; and such other laws or part of laws,
executive orders, administrative orders; circulars,
regulations and memoranda inconsistent or incompatible
with this Act.
Section 45. Separability of provisions. If any part, section
or provision of this Act shall be held invalid or
unconstitutional, no other part, section or provision
thereof shall be affected thereby.
Section 46. Effectivity. This Act shall take effect upon its
approval.
Approved: June 21, 1969
(2) The person is engaged in the provision of a
professional service which is determined to be necessary
due to lack of Filipino specialist or expert; and
(3) The person is required to work with a Filipino
counterpart, a natural person who is a registered and
licensed pharmacist.
Section 23. Grounds for Non-registration. - The Board
shall not register any successful examinee who has been:
(a) Convicted of an offense involving moral turpitude by a
court of competent jurisdiction;
(b) Summarily adjudged by the Board as guilty for
misrepresentation or falsification of documents in
connection with the application for examination or for
violation of the General Instructions to Examinees;
(c) Found guilty of immoral or dishonorable conduct by
the Board;
(d) Medically proven to be addicted to any drug or alcohol
by a medical or drug testing facility accredited by the
government; and
(e) Declared of unsound mind by a court of competent
jurisdiction.
In refusing the registration, the Board shall give a written
statement setting forth the reasons therefor and shall file
a copy thereof in its records. Should ground (d) be proven
to be no longer existent, the Board shall issue a Board
Resolution allowing the issuance of such COR.
Section 24. Reissuance of Revoked Certificate of
Registration, Replacement of Lost or Damaged Certificate
of Registration, Professional Identification Card or
Special/Temporary Permit. - The Board may, upon
petition, reinstate or reissue a revoked COR after the
expiration of two (2) years from the date of its revocation.
The Board may, in its discretion, require the applicant to
take another licensure examination. The petitioner shall
prove to the Board that there is a valid reason for such
reinstatement. For the grant of the petition, the Board
shall issue a Board Resolution, to be approved by the
PRC.
A duplicate copy of the COR for display in Category B
establishments may be issued. Replacement of lost or
damaged COR, PIC or STP may be issued in accordance
with the pertinent rules that shall be issued thereon.
 Article IV

Regulation of the Practice of Pharmacy

Section 25. Vested Rights; Automatic Registration. - All

pharmacists registered before the effectivity of this Act
shall automatically be registered hereunder, subject to
compliance as to future requirements.

The CORs, PICs or STPs held by such persons in good

standing shall have the same force and effect, as though
they were issued on or after the effectivity of this Act.

Section 26. Affixing RPh After a Registered Pharmacist’s

Name. - Only duly registered and licensed pharmacists
shall have the right to affix to one’s name, the title
"Registered Pharmacist" or "RPh".

Section 27. Indication of Information. - A pharmacist shall

be required to indicate the serial numbers, the date of
expiry of the pharmacist’s PIC and APO Certificate of
Membership on all pertinent documents signed by
him/her.

Section 28. Registry of Pharmacists. - The Board and the

PRC shall prepare and maintain a registry of the names,
residences or office addresses, or both, status of
registration and area of practice of all registered
pharmacists, which shall be updated annually, in
coordination with the APO. This registry shall be made
available to the public upon inquiry or request, subject to
such guidelines that shall be established therefor.

Section 29. Display of Certificate of Registration. - It shall

be the duty of every pharmacist engaged in the practice,
whether in private or under the employ of another, to
display the original copy of one’s COR in a prominent and
conspicuous place in the drug establishment in which one
is employed in a professional capacity as pharmacist.
When employed in establishments under Category B, as
defined in Section 31 of this Act, the duplicate copy of the
pharmacist’s COR shall also be displayed therein. - No
pharmacist shall knowingly allow the COR to be displayed
in an establishment where one is not ctually employed as
a professional pharmacist.

Section 30. Dispensing/Sale of Pharmaceutical Products.

- No 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 retail drug outlet duly licensed by the
FDA.
Prescription drugs and pharmacist-only OTC medicines
shall be dispensed only by a duly registered and licensed
pharmacist, except in emergency cases, where the
services of a registered and licensed pharmacist are not
available: Provided, That a report shall be made to the
supervising pharmacist within twenty-four (24) hours after
the occurrence of the emergency so that product
recording in the prescription books can be done.

Compounding and dispensing shall be done only by duly

registered and licensed pharmacists, in accordance with
current Good Manufacturing Practice, laboratory practice,
Philippine Practice Standards for Pharmacists and
dispensing guidelines. A registered and licensed
pharmacist may refuse to compound, dispense or sell
drugs and pharmaceutical products, if not in accordance
with this Act and the abovementioned standards.

Licensed manufacturers, importers, distributors, and

wholesalers of pharmaceutical products are authorized to
sell their products only to duly licensed pharmaceutical
outlets.

Section 31. Pharmacist Requirement. -

Establishments/outlets which are required to employ
and/or retain and maintain the professional services of
duly registered and licensed pharmacists shall be
classified as follows:

(a) Category A – Pharmaceutical establishments/outlets

where the direct and immediate control and supervision of
a duly registered and licensed pharmacist is required, per
establishment, whether in-store or online, including:

(1) Pharmaceutical establishments/outlets selling or

otherwise making available to the consuming public
prescription/ethical medicines, combination products
(medical device and drugs) classified as drugs according
to the primary intended mode of action, pharmacist-only
OTC medicine, whether owned by the government or by a
private person or firm, whether sold at wholesale or retail;

(2) Establishments involved in the manufacture,

importation, exportation, distribution, and sale of
combination products (medical device and drugs)
classified as drugs according to the primary intended
mode of action;

(3) Departments/Divisions/Units of pharmaceutical

laboratories, pharmaceutical manufacturing laboratories,
or other establishments with processes involving the
preparation, manufacture, assay, regulation, product
research and development, quality control, repacking,
importation, exportation, distribution, sale or transfer of
pharmaceutical products in quantities greatly in excess of
single therapeutic doses; and

(4) Government units, including local government, city,

first to third class municipal health units, nongovernment
organizations and/or associations involved in the
procurement, distribution, dispensing and storage of
pharmaceutical products;

(b) Category B – Pharmaceutical establishments/outlets

where the supervision and oversight of a duly registered
and licensed pharmacist is required under pertinent
provisions of law, including:

(1) Retail outlets selling household remedies and OTC

drugs as differentiated from the pharmacist-only OTC
medicines;

(2) Satellite institutional pharmacies providing medicines

solely to employees of their respective companies or the
employees’ qualified dependents, or both; or members of
a duly registered organization or institution;

(3) Fourth, fifth and sixth class municipal health units

involved in the procurement, distribution, dispensing, and
storage of pharmaceutical products;

(4) Institutions providing telepharmacy services; and

(5) Nontraditional outlets of pharmaceutical products:

Provided, That no prescription medicines and
pharmacist-only OTC medicines are sold.

The FDA, in coordination with the Board, and the

approval of the PRC, may add to, delete, reclassify, or
modify the above list of establishments, as the need
arises, in order to keep pace with the developments in the
pharmacy practice.

A pharmacist working in a Category A establishment may

be allowed to simultaneously work or render pharmacy
services in Category B establishments, the maximum
number of hours of which shall be determined, in
accordance with such guidelines as may be established
therefor by the Board, in coordination with the FDA, and
other agencies, establishments, institutions, and
regulatory bodies.

Procurement, storage, distribution, or dispensing of any

pharmaceutical product in the national government and
local government units shall be made only under the
supervision of a duly registered and licensed pharmacist.

All units or sub-units of establishments, institutions, and

regulatory bodies whether government or private with
functions and activities that are exclusive for pharmacists,
as defined in Section 4, paragraphs (a), (b), (c), (d) and
(i), shall be headed and managed by a qualified duly
registered and licensed pharmacist: Provided, That an
appointment in government service shall comply with the
provisions of other pertinent laws.

Section 32. Responsibility for Quality of Pharmaceutical

Products. - It shall be the duty of a duly licensed and
registered pharmacist of a pharmaceutical establishment
and outlet to ensure that all pharmaceutical products
conform to standards of safety, quality and efficacy, as
provided for in this Act and other pertinent rules and
regulations and issuances. Owners, managers, or
pharmacists in charge of the operation of pharmaceutical
establishments and outlets shall be held jointly
responsible for nonconformance with these standards.

It shall be unlawful for any person to manufacture,

prepare, sell, or dispense any pharmaceutical product
under a fraudulent name, or pretense or to adulterate any
pharmaceutical product offered for sale.

In cases of pharmaceutical products sold in their original

package, 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.

Section 33. Filling and Partial Filling of Prescription. - All

prescriptions and pharmacist-only OTC medicines shall
be filled, compounded and dispensed only by a registered
and licensed pharmacist, in accordance with the
Philippine Practice Standards for Pharmacists,
Dispensing Guidelines and other standards pertaining to
purity, safety and quality. Completely filled prescriptions
should be surrendered to the pharmacist for recording.

Partial filling of prescription less than the total quantity

indicated in the prescription shall be allowed, subject to
dispensing guidelines as provided in the immediately
preceding paragraph. It is the responsibility of the
pharmacist dispensing the last quantity completing the
prescription to keep the prescription according to proper
prescription recording guidelines.

Prescription medicines may be dispensed only by a duly

registered and licensed pharmacist and only with a valid
prescription of a physician, dentist, or veterinarian.

Section 34. Physician’s Sample. - Pharmaceutical

products given or intended to be given free to any health
professional by a manufacturer or distributor or its
professional service representative as part of its program
or promotion shall not be sold to any pharmaceutical
outlet or the consuming public.

The statement "Sample, Not for Sale", or its equivalent,

shall appear conspicuously on the primary and secondary
packaging of the drug or combination products (medical
device and drug) classified as drug according to the
primary intended mode of action to be given. It shall be
unlawful to remove, erase, deface or mark the original
labels of samples.

Pharmaceutical products classified as antimicrobials,

including anti-TB medicines and other classifications of
medicines, as may be prescribed by the FDA, shall not be
given or distributed as physician’s samples.

Section 35. Prohibition Against the Use of Cipher, Codes,

or Unusual Terms in Prescriptions and Prescription
Substitution. - Pharmacists shall not compound or
dispense prescriptions, recipes, or formulas which are
written in ciphers, codes or secret keys or prescriptions of
pharmaceutical products with unusual names which differ
from those in standard pharmacopeias or formularies.

The pharmacist dispensing or compounding prescriptions

shall not substitute the medicine called for in the
prescription with any other drug, substance or ingredient,
without prior consultation with, and written consent of the
person prescribing, except in accordance with Republic
Act No. 6675, as amended, otherwise known as the
"Generics Act of 1988", and other pertinent laws and
regulations.

Section 36. Label of Dispensed Medicines. - Upon every

box, bottle, or package of medicines 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, the name
of patient and generic name of drug; brand name, if any,
strength, expiry date, directions for use; and name and
address of pharmacy, name of the doctor, the dispensing
pharmacist and other requirements prescribed in the
Philippine Practice Standards for Pharmacists and
Dispensing Guidelines, Republic Act No. 9502, otherwise
known as the "Universally Accessible Cheaper and
Quality Medicines Act of 2008", its implementing rules
and regulations and such other guidelines that may be
promulgated by the Board. Auxiliary labels containing
special pharmacists" instructions for the patient shall be
required as prescribed for dangerous drugs,
external-use-only drugs, drugs with special storage and
administration instructions and such other drugs as may
be required by law.

Section 37. Recording of Patient Medication Profile. - All

prescriptions dispensed in the pharmacy shall be
recorded in an appropriate recording system indicating
therein, among other things, the name and address of the
patient, name of prescribes generic name and brand,
dosage strength, quantity of drug and initials of
pharmacist. It shall be open for inspection by the
representatives of the Board or the FDA, or both, at any
time of the day, when the pharmacy is open, and must be
kept for a period of not less than two (2) years after the
last entry.

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
Republic Act No. 9165 and other applicable laws and
issuances.

All referrals such as tuberculosis patients undertaken by

the pharmaceutical outlets shall be recorded in the
Referral Registry and shall be open for inspection by the
Board, or representative of the Department of Health
(DOH) or the FDA, or both, at any time of the day when
the pharmacy is open, and must be kept for a period of
not less than two (2) years after the last entry.

Section 38. Requirements for the Opening and Operation

of Retail Pharmaceutical Outlet or Establishment. - The
opening of a retail pharmaceutical outlet or establishment
shall be subject to requirements provided for in this Act
and the rules and regulations prescribed by the FDA.

The application for the opening and operation of a retail

drug outlet or other similar business establishments shall
not be approved, unless applied for by a Filipino
registered and licensed pharmacist, either as owner or as
pharmacist-in-charge, pursuant to the provisions of this
Act.

Section 39. Handling of Pharmaceutical Products by

Persons Other Than a Pharmacist. - For the purpose of
this section, persons handling pharmaceutical products,
other than the pharmacist, which shall include pharmacy
owners who are non-pharmacists, medical
representatives or professional service representatives,
pharmacy support personnel, pharmacy technicians,
pharmacy assistants, pharmacy aides, persons who
assist pharmacists in any part of a pharmacy operation, or
any other person performing functions involved in the
handling of pharmaceutical products, shall be duly
certified by appropriate government agencies after
undergoing an accredited training program.

No person, except pharmacy graduates, shall be allowed

to render such services without undergoing a
comprehensive standardized training program: Provided,
That the job description is defined in the implementing
rules and regulations of this Act.

Section 40. Administration of Adult Vaccines. - In addition

to the requirement provided in Section 4, paragraph (g) of
this Act, licensed and trained pharmacist who shall
administer adult vaccines shall ensure that the vaccine to
be administered shall have a doctor’s prescription which
is not more than seven (7) days old and submit a monthly
vaccination report and AEFI report to DOH regional
offices using the prescribed form.

Article V

Accredited Professional Organization

Section 41. The Integrated and Accredited Professional

Organization (APO) of Pharmacists. - The pharmacy
profession shall be integrated into one (1) national
organization registered with the Securities and Exchange
Commission (SEC) which shall be recognized by the
Board and the PRC as the one and only integrated and
accredited professional organization of pharmacists.

A pharmacist duly registered with the Board shall

automatically become a member of the integrated and
accredited professional organization of pharmacists, and
shall receive the benefits and privileges appurtenant
thereto upon payment of the required fees and dues.

Membership in the integrated APO shall not be a bar to

membership in other associations of pharmacists.

Section 42. Membership to the Integrated and Accredited

Professional Organization. - All registered pharmacists
must be members of the APO and must maintain
membership throughout the duration of the practice of the
profession. The PIC shall not be renewed if the
requirements for membership with the APO are not met
including credit units for attendance to duly accredited
CPD.

All pharmacy support personnel must be registered as

affiliate members of the APO and must likewise maintain
membership throughout the duration of employment in
pharmaceutical establishments and outlets.

Section 43. Specialty Boards in Various Areas of

Pharmacy Practice. - Specialty Boards in various areas of
pharmacy practice shall be created, subject to
accreditation by the Board and the PRC. The Board shall
issue guidelines in the accreditation of specialty boards in
various areas of pharmacy practice, which shall include
the standards of practice within different specialties,
qualifications, and requirements for the certification of
practitioners under each specialty, among others.

Article VI

Violations, Administrative Sanctions, and Procedures

Section 44. Revocation or Suspension of the Certificate

of Registration and Cancellation of Special/Temporary
Permit.— The Board shall have the power, upon notice
and hearing, to revoke or suspend the COR of a
registered pharmacist or to cancel an STP of a foreign
pharmacist on any of the following grounds:

(a) Violation of any provision of this Act, its rules and

regulations, the Pharmacists’ Code of Ethics, Code of
Technical Standards for the Professional Practice of the
Pharmacy Profession, Code of Good Governance and all
other guidelines, policies and regulatory measures of the
Board and/or the PRC relating to the practice of the
pharmacy profession;

(b) Conviction of an offense involving moral turpitude by a

court of competent jurisdiction;

(c) Unprofessionalism, immorality, malpractice,

incompetence, gross negligence, or imprudence in the
practice of the profession;

(d) Fraud or deceit in the acquisition of the COR, PIC or

STP, or renewal thereof;

(e) Allowing the COR to be used or displayed in

establishments where the pharmacist is not actually
employed and practicing;

(f) Addiction to alcoholic beverages or to any

habit-forming drug rendering a pharmacist incompetent to
practice the profession as provided for in Section 23
hereof;

(g) Aiding or abetting the illegal practice of a

non-registered and licensed person;

(h) Insanity or any mental disorder that would render the

person incompetent to practice pharmacy;

(i) False, extravagant, or unethical advertisements and

endorsements of pharmaceutical products,
pharmaceutical outlets and establishments where the
pharmacist’s name or the pharmacist’s professional
organization and similar information, or both, are used;

(j) Manufacture, sale, offering for sale of counterfeit,

spurious, substandard and falsified pharmaceutical
products and committing other acts in violation of
Republic Act No. 9165 and Republic Act No. 8203,
otherwise known as the "Special Law on Counterfeit
Drugs";

(k) Illegal manufacture, sale, possession, dispensing of

dangerous drugs and other acts in violation of Republic
Act No. 9165, and other applicable laws and issuances;

(l) Committing acts in violation of Section 6 of Presidential

Decree No. 881, entitled "Empowering the Secretary of
Health to Regulate the Labeling, Sale and Distribution of
Hazardous Substances" and Section 11 of Republic Act
No. 3720, as amended;

(m) Practicing pharmacy with a suspended COR or

expired PIC;

(n) Unauthorized dispensing of pharmaceutical products

through unregistered online services or direct selling
businesses; and

(o) Being found guilty of immoral, unprofessional, or

dishonorable conduct by the Board.

Article VII

Penal Provisions

Section 45. Penal Provisions. - Any person who shall

commit any of the following acts shall, upon conviction, be
sentenced to pay a fine of not less than two hundred fifty
thousand pesos (₱250.000.00), but not exceeding five
hundred thousand pesos (₱500.000.00) or imprisonment
of not less than one (1) year and one (1) day but not more
than six (6) years, or both, at the discretion of the court:

(a) Commission of any act in violation of Sections 30 and

31 of this Act;
(b) Allowing the display of one’s COR in a pharmaceutical
establishment where the pharmacist is not employed and
practicing;

(c) Displaying of the pharmacist’s COR by pharmacy

owners/operators in a pharmaceutical establishment
where the pharmacist is not employed and practicing;

(d) Dispensing or allowing the dispensing or offering for

sale of prescription drugs or pharmaceutical products in a
place not licensed by the FDA as a pharmaceutical outlet;

(e) Dispensing of prescription and pharmacist-only OTC

pharmaceutical products by a person other than those
under the direct and immediate supervision of a duly
registered and licensed pharmacist;

(f) Allowing the dispensing of prescription and

pharmacist-only OTC pharmaceutical products, without
the direct and immediate supervision of a duly registered
and licensed pharmacist;

(g) Compounding and dispensing not in accordance with

current Good Manufacturing Practice, Good Laboratory
Practice and Philippine Practice Standards for
Pharmacists, and such other standards and guidelines
issued by the Board;

(h) Selling of prescription and pharmacist-only OTC drugs

by manufacturers, importers, and wholesalers to
unlicensed pharmaceutical outlets and other
establishments;

(i) Substituting prescription drugs which are not

generically equivalent to what was on the prescription,
without the consent of the prescriber or not in accordance
with Republic Act No. 6675;

(j) Forcing, coercing, or intimidating a duly registered and

licensed pharmacist to compound or dispense medical
and pharmaceutical products in violation of the provisions
of this Act;

(k) Preparing and compounding of pharmaceutical

products in quantities greatly in excess of single
therapeutic doses, without the presence and supervision
of a duly registered and licensed pharmacist;

(l) Noncompliance with the labeling requirements for

dispensed medicines by a pharmaceutical outlet;

(m) Manufacturing and selling of pharmaceutical products

under fraudulent name or address, or both;

(n) Adulterating and misbranding of pharmaceutical

products;

(o) Manufacturing and selling of unsafe, substandard and

counterfeit pharmaceutical products;

(p) Operating an unlicensed pharmaceutical outlet such

as online pharmacy service or direct selling not
authorized by the FDA;

(q) Operating a Category A establishment which opens

for business without a duly registered and licensed
pharmacist;

(r) Operating a Category B establishment without the

supervision and oversight of a duly registered and
licensed pharmacist;

(s) Practicing pharmacy with an expired, suspended or

revoked license;

(t) Filling and refilling of prescription and pharmacist-only

OTC pharmaceutical products by a person other than a
duly registered and licensed pharmacist without the direct
and immediate supervision;

(u) Dispensing prescription drugs and pharmacist-only

OTC drugs by rural health units without the supervision of
a duly registered and licensed pharmacist; and

(v) All other acts or omissions analogous to the foregoing.

Section 46. Other Penalties. - Any person who shall

commit any of the following acts shall, upon conviction, be
sentenced to pay a fine of not less than one hundred
thousand pesos (₱100,000.00), but not exceeding two
hundred thousand pesos (₱200,000.00) or imprisonment
of not less than thirty (30) days but not more than one (1)
year, or both, at the discretion of the court:

(a) Affixing of the title "RPh" by a person who is not a duly

registered and licensed pharmacist;

(b) Practicing the pharmacy profession in the Philippines

without a valid COR, PIC or STP;

(c) Non-indication of a pharmacist of his/her COR and

professional tax receipt numbers in official documents
requiring such information;

(d) Refusal to display the COR of the pharmacist in a

prominent and conspicuous place in the establishment
and outlet where the pharmacist is employed and
practicing;

(e) Noncompliance by a duly registered and licensed

pharmacist with the requirements on the filling of
prescription;

(f) Noncompliance by a duly registered and licensed

pharmacist on the requirements for partially-filled
prescription;

(g) Selling of physician’s samples;

(h) Distribution of antimicrobials, including anti-TB drugs

and other product classification as may be prohibited by
law as physician’s samples;

(i) Removal, erasure and alteration of mark or label of

physician’s sample;

(j) Use of cipher, codes, or secret keys or unusual names

or terms in prescriptions;

(k) Filling of prescriptions where cipher, codes, or secret

keys or unusual names or terms are used;

(l) Noncompliance with labeling requirements for

dispensed medicines;

(m) Noncompliance with the requirements on the keeping

of record books by a pharmaceutical outlet;

(n) Employment of personnel in a pharmacy or

pharmaceutical operation without the required training
and certification;

(o) Refusal of a non-pharmacist owner/operator of a

pharmaceutical outlet to undergo training and certification;

(p) Refusal by the owner/operator to allow and require

duly registered and licensed pharmacists and pharmacy
support personnel to undergo CPD, training and
certification;

(q) Rendering dispensing-related services by

non-pharmacists in a pharmaceutical outlet without
undergoing the required training and certification;

(r) Dispensing pharmaceutical products in medical

missions without the supervision of a duly registered and
licensed pharmacist;

(s) Noncompliance with the required training and

certification of professional service or medical
representatives or professional service representatives,
pharmacy technicians, pharmacy assistants, pharmacy
aides, pharmacy clerks, and other medicine handlers of
pharmaceutical products. Both the medical
representatives or professional service representatives,
pharmacy technicians, pharmacy assistants, pharmacy
aides, pharmacy clerks, or medicine handlers and the
pharmaceutical establishment and outlet emploving any
such individual shall be held jointly liable; and

(t) Violation of any provision of this Act and its rules and
regulations not aforementioned above. Any person, other
than the citizens of the Philippines, having been found
guilty of any violation as provided for in this section and
the preceding section shall, after having paid the fine or
having served the sentence, or both, when so adjudged,
shall also be subject to immediate deportation.

The penalties and liabilities herein provided shall be

without prejudice to other sanction/s that may be imposed
for violation of other applicable laws, policies, rules and
regulations.

The owner/operator of the pharmaceutical

establishments/outlets and the duly registered and
licensed pharmacists/pharmacy support personnel are
jointly liable for the willful violation of any provision of this
Act.

Article VIII

Final Provisions

Section 47. Enforcement. - It shall be the primary duty of

the Board and the PRC to effectively enforce the
provisions of this Act. All duly constituted law enforcement
agencies and officers of the national, provincial, city or
municipal government or of any political subdivision
thereof shall ensure the effective enforcement and
implementation of the provisions of this Act.

Section 48. Appropriations. - The Chairperson of the

PRC shall immediately include in its programs 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. 1âwphi1

Section 49. Transitory Provisions. - The incumbent

Chairperson and members of the Board shall, in an
interim capacity, continue to function as such until the
Chairperson and members of the new Board, created
under this Act, shall have been appointed and qualified.

Section 50. Implementing Rules and Regulations. -

Within one hundred twenty (120) days after the approval
of this Act, the Board, subject to the approval by the PRC,
and in consultation with the APO, shall formulate and
issue the rules and regulations to implement the
provisions of this Act.

Section 51. Separability Clause. - If any clause,

provision, paragraph or part hereof shall be declared
unconstitutional or invalid, such declaration shall not
affect, invalidate, or impair the other provisions otherwise
valid and effective.

Section 52. Repealing Clause. - Republic Act No. 5921,

as amended, is hereby repealed. AH other laws,
presidential decrees, executive orders and other
administrative issuances or parts thereof which are
contrary to or inconsistent with the provisions of this Act
are hereby repealed, amended, or modified accordingly.

Section 53. Effectivity. - This Act shall take effect fifteen

(15) days after its publication in the Official Gazette or in a
newspaper of general circulation.

Approved,

FRANKLIN M. DRILON

President of the Senate

FELICIANO BELMONTE, JR.

Speaker of the House of Representatives

This Act was passed by the House of Representatives as

House Bill No. 5616 on May 23, 2016 and adopted by the
Senate as an amendment to Senate Bill No. 2436 on May
30, 2016.

OSCAR G. YABES

Secretary of the Senate

MARILYN B. BARUA-YAP

Secretary General

House of Representatives

Approved: July 21, 2016

(Sgd.) BENIGNO S. AQUINO, III

President of the Philippines