Pharmaceutical Profession Act B.E. 2537 (1994)

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. Unofficial Translation PHARMACEUTICAL PROFESSION ACT B.E. 2537 (1994)1 BHUMIBOL ADULYADEJ, REX; Given on the 26th Day of August B.E. 2537; Being the 49th Year of the Present Reign His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Whereas it is expedient to have a law on Pharmaceutical Profession; Be it, therefore, enacted by the King, by and with the advice and consent of the National Assembly, as follows: Section 1. This Act is called the “Pharmaceutical Profession Act B.E. 2537 (1994)”. Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette.2 Section 3. Any other laws, rules and by-laws in so far as they have already been provided herein, or are contrary to or inconsistent with the provisions of this Act, shall be replaced by this Act. Section 4. In this Act: “Pharmaceutical profession” means profession concerning drug preparation, drug production, drug invention, drug selection, drug analysis, quality control and quality guarantee of drug, compounding and prescribing drug of medical treatment profession or pharmaceutical 1 Translated by Mr. Watthana Suksiripakonchai under contract for the Office of the Council of State of Thailand's Law for ASEAN project.- Initial version- pending review and approval. 2 Government Gazette Vol. 111, Part 28a, Page 22, 30 June B.E. 2537 (1994). 2 DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. practitioner or dentistry practitioner or animal treatment practitioner including compounding drugs and sale of drugs under the law on drug; “Pharmaceutical practitioner” means any person who has registered and holds a license to be a pharmaceutical practitioner from the Pharmacy Council of Thailand; “License” means a license to be a pharmaceutical practitioner from the Pharmacy Council of Thailand; “Member” means a member of the Pharmacy Council of Thailand; “Member of the board” means a member of Pharmacy Council of Thailand Board; “Board” means the Pharmacy Council of Thailand Board; “Competent official” means a person appointed by the Minister to perform under this Act; “Secretary-general” means the secretary-general of the Pharmacy Council of Thailand; “Minister” means the Minister having charge and control of the execution of this Act. Section 5. In the case where there is a provision referred to the modern art of healing in the pharmaceutical field or modern art of healing practitioner in the pharmaceutical field, it shall mean pharmaceutical profession or pharmaceutical practitioner under this Act. Section 6. The Minister of Public Health shall have charge and control of the execution of this Act and shall have the power to appoint competent officials and issue Ministerial Regulations specifying fees not exceeding the rate annexed to this Act including issue Notifications and Rules for the execution of this Act. Such Notifications and Rules shall come into force upon their publication in the Government Gazette. CHAPTER I Pharmacy Council of Thailand 3 DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. Section 7. There shall be the Pharmacy Council, a legal entity, whose duties and powers are stipulated in this Act. Section 8. The Pharmacy Council shall contain purposes as follows: (1) to promote education, research and pharmaceutical profession; (2) to promote unity and honor of members; (3) to provide rights, justice and welfare promotion to members; (4) to control behaviors of a pharmaceutical practitioner to be in accordance with the code of conduct for pharmaceutical profession; (5) to assist, advise, disseminate and provide education to the public and other organization concerning pharmacy and public health; (6) to provide consultation or recommendation to the government concerning pharmacy and public health; (7) to represent pharmaceutical practitioner in Thailand Section 9. The Pharmacy Council shall have the following powers and duties: (1) to register and issue a license to an application for pharmaceutical practitioner; (2) to make a decisive judgment under section 42 paragraph three; (3) to accredit a degree, certification in pharmaceutical science or diploma in pharmaceutical profession of any institution for the benefit of membership application; (4) to accredit other curriculum for training a specialist in different fields of pharmaceutical profession of a training institution which trains specialist of pharmaceutical profession; (5) to accredit academic standing of a training intuition in (4); (6) to issue approval letters or diplomas stating knowledge and skills in pharmaceutical profession and issue other letters stating qualifications in the field of pharmaceutical profession; (7) to execute in accordance with purposes of the Pharmacy Council. 4 DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. Section 10. The Pharmacy Council may obtain incomes from the following sources: (1) subsidy from the government budget; (2) member registration fee, maintenance fee and other fees under this Act; (3) profits from asset management and activities under the purposes specified in section 8; (4) money and assets donated to the Pharmacy Council; (5) interests on money and assets in (1) (2) (3) and (4). Section 11. The Minister shall hold the position of Honorary Chairperson of the Pharmacy Council and have charge as stipulated in this Act. CHAPTER II Membership Section 12. An applicant for membership of the Pharmacy Council shall have the following qualifications: (1) being not less than twenty years of age; (2) having knowledge in pharmaceutical profession illustrated by an academic degree, a certificate in the field of pharmaceutical science from an academic institute accredited by the Ministry of University Affairs or the Pharmacy Council; (3) not being a person whose behaviors are damaging and the Board sees that such behaviors would make professional reputation damaged; (4) not having been sentenced by a final judgment of the Court to a term of imprisonment in the case which the Board sees that it will bring damages to professional reputation; (5) not being an incompetent, quasi-incompetent or having any disease stipulated in the rule of the Pharmacy Council. 5 DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. Section 13. Members shall have the following rights and duties: (1) to apply for a registration and license for a pharmaceutical practitioner, to request for an approval letter or a diploma stating knowledge and skills in any field of pharmaceutical profession or to request a letter stating other academic standings in the pharmaceutical science following the relevant rules of the Pharmacy Council; (2) to give opinion or to ask questions in writing on the operation of the Pharmacy Council and submit it to the Board for consideration and in the case where over fifty members submit a request to the Board to consider any operation of the Pharmacy Council, the Board shall consider and notify the result of its consideration without delay; (3) to elect or to be elected as a member of the Board; (4) to maintain honor of the profession and to act in accordance with this Act. Section 14. A membership shall expire upon: (1) death; (2) resignation; (3) being disqualified under section 12(1) (2) or (5); (4) being removed by the resolution of the Board as the Board sees that such person will bring damages to the profession honor under section 12(3) or (4) CHAPTER III Board Section 15. There shall be a Pharmacy Council Board consisting of: (1) Permanent Secretary of the Ministry of Public Health, Chairperson of the Pharmaceutical Association of Thailand under the Royal Patronage, Dean of the faculty of pharmaceutical science of a higher educational institutes approved or permitted by the Ministry of University Affairs to be established as ex officio members for the amount of five people; (2) three representatives from the Ministry of Public Health, one representative from the Ministry of Defense and one representative from the Ministry of Interior; 6 DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. (3) Elected members for the equal amount as the members in (1) and (2) add up together in each election. The Secretary-General shall be member and secretary. Section 16. The Board may appoint a qualified person as consultant. The consultant shall be in office for the same term as an elected member of the Board. Section 17. The Board shall select a member of the Board within thirty days from the Election Day under section 15(3) to be Chairperson of the Pharmacy Council, the first vice Chairperson of the Pharmacy Council and the second vice chairman of the Pharmacy Council, one person for each position. Chairperson of the Pharmacy Council shall select members of the Board to be in the position of Secretary-General, Deputy Secretary-General, Public Relations, and Treasurer, one person per each position and may select members of the Board to hold other positions as seen necessary and with the approval of the Board. Chairperson of the Pharmacy Council shall have powers to remove Secretary General, Deputy Secretary-General, Public Relations, Treasurer and other positions with the approval of the Board. The term of office for Chairperson of the Pharmacy Council, the first vice Chairperson of the Pharmacy Council and the second vice chairman of the Pharmacy Council shall be the same as elected members. When Chairman of the Pharmacy Council vacates the office, the Secretary General, Deputy Secretary-General, Public Relations, Treasurer and other positions under paragraph two, shall also vacate their offices. Section 18. An election of a member of the Board under section 15, an appointment of consultant under section 16, a selection of a member of the Board to be in different positions under section 17 and selection or election of member of the Board under section 22 shall be in accordance with Rule of the Pharmacy Council. 7 DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. Section 19. A member of the Board under section 15 shall have the following qualifications: (1) being a pharmaceutical practitioner; (2) not being a person whose license had been suspended or withdrawn; (3) not being a bankrupt. (1) shall not apply to the Permanent Secretary of the Ministry of Public Health. Section 20. Member of the Board under section 15(3) shall hold office for a term of three years and may be re-elected but not more than two consecutive terms. The member whose term of office has expired shall be in office to continue to perform his or her duties until a new member is elected. Section 21. In addition to vacating office on the expiration of term, a member of the Board vacates office upon: (1) expiration of membership (2) lack of qualifications under section 19; (3) resignation Section 22. In the case where a member of the Board under section 15(3) vacates the office before the expiration of the term, the Board shall select a member who has qualifications under section 12 to replace such member within thirty days from the date that the office has become vacant. In the case where members of the Board under paragraph one vacates for more than one half of the total elected members, the Board shall hold an election to replace such members of the Board within ninety days from the day that such members are no longer in office. In the case where the remaining term of office of a member is less than ninety days, the Board may or may not hold an election to replace such members. The member shall be in office for the remaining term of office of the member he or she replaces. 8 DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. Section 23. The Board shall have the following powers and duties: (1) to manage and execute operations of the Pharmacy Council in accordance with purposes and functions stipulated in section 8; (2) to appoint an ethic sub-committee, an inquiry sub-committee and other sub-committees to execute tasks or consider matters within the scope of purposes of the Pharmacy Council; (3) to plan the budget of the Pharmacy Council; (4) to issue rules of the Pharmacy Council on: (a) membership application; (b) specification of diseases under section 12 (5); (c) an increase in membership fee, maintenance fee and other fees besides of the fees annexed to this Act; (d) selection and election of a member of the Board and appointment of a consultant; (e) meeting of the Board, sub-committees, team of consultants; (f) powers and duties of consultants under section 16; (g) powers and duties of other positions under section 17 paragraph two; (h) qualifications of pharmaceutical practitioner under section 32; (i) measures, procedures and conditions of registration and license issuance, form and types of licenses; (j) measures on revocation and withdrawal of license; (k) measures on approval letter or diploma stating knowledge and skill in pharmaceutical profession and letter stating academic standing in pharmaceutical profession; (l) code of conduct of pharmaceutical profession; (m) establishment, execution and abolition of institute which train specialists in pharmaceutical profession; (n) rule on examination of under powers and duties of the Pharmacy Council; (o) rule on inquiry or investigation in the case of accusation or incrimination of pharmaceutical practitioner; (p) restrictions and conditions of pharmaceutical profession; 9 DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. (q) other matters within the scope of purposes of the Pharmacy Council or within powers and duties of the Pharmacy Council under other laws. Under the application of section 27, Rules of the Pharmacy Council shall come into force upon their publication in the Government Gazette. Section 24. Chairperson of the Pharmacy Council, Vice Chairperson of the Pharmacy Council, Secretary-General, Deputy Secretary-General, Public Relations and Treasurer shall have the following duties and powers: (1) Chairperson shall have the following duties and powers: (a) to manage and operate the Pharmacy Council in accordance with this Act or resolutions of the Board; (b) to represent the Pharmacy Council in matters relating to external personnel; (c) to preside over the Board meeting Chairperson of the Pharmacy Council may assign, in writing, any other members of the Board to perform his or her duties for him or her as he or she sees fit. (2) First vice chairperson shall be an assistant to the Chairperson of the Pharmacy Council in matters within the scope of powers and duties of the Chairperson, as assigned by the Chairperson. He or she shall be the person who acts on behalf of the Chairperson of the Pharmacy Council when he or she is not present at the office or unable to perform his or her duty; (3) Second vice chairperson shall be an assistant to the Chairperson of the Pharmacy Council in matters within the scope of powers and duties of the Chairperson, as assigned by the Chairperson. He or she shall be the person who acts on behalf of the Chairperson of the Pharmacy Council when neither the Chairperson nor the first vice chairperson is not present at the office or unable to perform his or her duty; (4) Secretary-General shall have the following powers and duties: (a) to command every level of officers of the Pharmacy Council; (b) to be in charge of general administrative work of the Pharmacy Council; (c) to be responsible in keeping the record of membership registration, record of Pharmacy practitioners and other records of the Pharmacy Council; 10 DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. (d) to control assets of the Pharmacy Council; (e) to be a secretary of the Board meetings; (f) other tasks as assigned by the Board; (5) deputy Secretary- General shall be an assistant to the Secretary- General in matters within the scope of powers and duties of the Secretary – General, as assigned by the Secretary- General. He or she shall be the person who acts on behalf of the Secretary- General when he or she is not in the office or cannot perform his or her duty; (6) public Relation shall have powers and duties in publicizing, providing recommendations and disseminating the work of the Pharmacy Council to the members, public and other organizations; (7) treasurer shall have powers and duties in controlling, supervising and being in charge of accounting, finance and budget of the Pharmacy Council; (8) Consultant under section 16 shall have powers and duties as specified by the Board; (9) Other personnel under section 17 paragraph two shall have powers and duties as specified by the Board. CHAPTER IV Execution of the Board Section 25. At a meeting of the Board, the presence of not less than one-half of existing members is required to constitute a quorum. A resolution of a meeting shall be by a majority of the votes. In casting votes, each member shall have one vote. In case of an equality of votes, the person presiding over the meeting shall have an additional vote as a casting vote and is the decisive vote. A resolution of a meeting to withdraw a membership under section 14(4) or to suspend or withdraw a license under section 42 paragraph three (4) or (5) shall be voted for by not less than two-thirds of the total existing members. 11 DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. Paragraph one and paragraph two shall apply, mutatis mutandis, to a meeting of a sub-committee. A meeting of consultants shall be in accordance with the Rule of the Pharmacy Council. Section 26. Honorary chairperson can attend any meeting and give opinion to a meeting of the Board or send an opinion, in writing, to the Pharmacy Council. Section 27. A resolution of the Board in the following matters shall be approved by the honorary chairperson prior to its execution: (1) issuance of any Rule; (2) budget plan of the Pharmacy Council; (3) withdrawal of a membership under section 14(4); (4) a decision to suspend or withdraw a license under section 42 paragraph three (4) and (5) Chairman of the Pharmacy Council shall present a resolution under paragraph one to honorary chairperson without any delay and the honorary chairperson may veto such resolution. In the case that the resolution is not vetoed within fifteen days from the date of being notified of the resolution, it shall deem to be approved by the honorary chairperson. If the honorary chairperson vetoes a resolution, the Board shall hold a meeting and consider such matter again within thirty days from the date that the resolution has been vetoed. In the case where two third of the total existing members insists on the resolution, the Board shall act accordingly. CHAPTER V Control of the practice of Pharmaceutical Profession Section 28. No one shall perform pharmaceutical profession or any practice which would make others understand that he or she has the right to be a pharmaceutical 12 DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. practitioner without being registered and holding a license except in one of the following circumstances: (1) a pharmaceutical profession done to himself or herself; (2) student, university student or trainee who practices or being trained under the state controlled pharmaceutical science institutes or institutes granted by a state permission to be established or educational institutes or other medical institutes accredited by the Board. It is under supervision of a trainer official or trainer who is a pharmaceutical practitioner; (3) Any person whom the Minister, bureau, department, Bangkok Metropolitan Administration, Pattaya Metropolitan Administration, Provincial Administrative Organization, municipality, Sub-district Administrative Organization, other local administrative organizations as stipulated by the Minister in the Government Gazette or Thai Red Cross assigns to perform pharmaceutical profession in accordance with the regulation specified by the Minister published in the Government Gazette; (4) pharmaceutical profession practiced by consultants or government specialist or teachers in educational institutions with foreign license to perform pharmaceutical profession. This shall be approved by the Board. (5) Section 29. No one shall use any word or statement in Thai or foreign letter “pharmacist” “female pharmacist” “dispensing pharmacist” “dispensing scientist” or abbreviation of such words or words stating diploma in pharmaceutical science or abbreviation of such diploma with his or her name or surname or use any word or statement bearing the same meaning or perform with any mean to make people understand that he or she is a pharmaceutical practitioner including using, hiring, asking or approving other people to act for him or her except for the case that that person holds a degree or certificate in pharmaceutical science. Section 30. No one shall use any word or statement which makes people understand that he or she is a pharmaceutical practitioner including using, hiring, asking or approving other people to act for him or her except if he or she has an approval letter or diploma stating that he or she has knowledge and skills to practice a particular pharmaceutical 13 DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. science from the Pharmacy Council or the Council certified by the Pharmacy Council or pharmaceutical practitioner who has qualifications specified in the Rule of Pharmacy Council. Section 31. Registration, license issuance, issuance of approval letter or diploma stating knowledge and specialization in pharmaceutical profession and other diplomas in pharmaceutical shall be in accordance with the Rule of the Pharmacy Council. Section 32. An applicant for registration and license must be a member of the Pharmacy Council and obtain qualifications specified in the Rule of Pharmacy Council. When a membership of a pharmaceutical practitioner expires, the license shall, as well, be expired. Such person whose license expires under paragraph two shall return his or her license to the Secretary-General within fifteen days from the date of being notified of the membership expiration. Section 33. A pharmaceutical practitioner shall practice within the code of practice specified by the Rule of the Pharmacy Council. Section 34. A person who has been injured from a breach of terms and condition of pharmaceutical profession shall have the right to accuse the injurer by notifying the matter to the Pharmacy Council. Members of the Board or other persons has the right to accuse a pharmaceutical practitioner that he or she braches a code of conduct of the Pharmacy Council by notifying the matter to the Pharmacy Council. The rights to accusation under paragraph one or the right to allegation under paragraph two exhausts after one year limitation period, calculated from the date that the injured or the person who made an allegation has learnt about the issue and identification of the wrongdoer but this shall not exceed the three year limitation period, calculated from the date of wrongdoing. A withdrawal of accusation or allegation matter, which has already been submitted, shall not be a reason to withdraw the proceeding under this Act. 14 DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. Section 35. Once the Pharmacy Council receives the accusation or allegation under section 34 or in the case where the Board has a resolution that there is a reasonable circumstance to consider the matter concerning a breach of code of conduct of a pharmaceutical practitioner, the Secretary-General shall, without delay, submit the issue to the chairperson of the ethic sub-committee. Section 36. Under an application of section 23(2), The Board shall appoint an Ethic sub-committee from members consisting of one chairperson and no less than three members of the sub-committee. It shall have duties and powers to investigate the fact in matters under section 35, and conduct a report including its opinion and submit it to the Board for consideration. The Board may appoint more than one Ethic sub-committees. Section 37. Once the Board receives the report and opinion of the ethic sub committee, it shall consider the report and opinion and shall have one of the following resolutions: (1) to order the Ethic sub-committee to find out additional facts and submit it to the Board for consideration; (2) to order the Inquiry sub-committee to examine in the case where there is a reasonable ground to believe that the accusation or allegation is well-grounded; (3) to lift the accusation or allegation in the case where the Board sees that there is no reasonable ground to believe that such accusation or allegation is well-grounded. Section 38. Under an application of section 23(2), the Board shall appoint an inquiry sub-committee from members consisting of one chairperson and no less than three members of the sub-committee. It shall have duties and powers to investigate, conclude the investigation and present file of a case including its opinion to the Board for a decisive judgment. The Board may appoint more than one Inquiry sub-committees. 15 DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. Section 39. For the execution of the Ethic sub-committee and the Inquiry sub committee under this Act, members of the Ethic sub-committee and the Inquiry sub-committee shall be competent officials under the Criminal Code and have powers to require any person to give statement and deliver a letter notifying any person to deliver any document or article for the benefit of the execution of the mentioned sub-committees. Section 40. The chairperson of the inquiry sub-committee shall have a letter notifying an accusation or allegation including a photocopy of the accused or alleged matter to the accused or alleged person no less than fifteen days prior to the beginning of the inquiry. The accused or alleged person shall have the right to submit explanation or to bring in witnesses or evidence to the Inquiry sub-committee. Explanation or evidence shall be submitted to the chairperson of the Inquiry sub committee within fifteen days from the date of being notified by the chairperson of the Inquiry sub-committee or within the time period the inquiry sub-committee has extended to. Section 41. When the Inquiry sub-committee completes the inquiry, it shall submit, without delay, the report including its opinion to the Board for it to make a decisive judgment. Section 42. When the Board has received the inquiry report and opinion of the sub-committee, it shall, without delay, consider the report and opinion. The Board may request the Inquiry sub-committee for an additional investigation prior it its decisive judgment. The Board has powers to make one of the following decisive judgments: (1) to lift the accusation or; (2) to give a warning; (3) to put on probation; (4) to suspend a license for the reasonable amount of time but shall not exceed two years; (5) to withdraw a license. 16 DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. Under the application of section 27, the decisive judgment of the Board under this section shall be made in the form of Order of the Pharmacy Council and state the reasoning of the judgment. The judgment shall be final. Section 43. The Secretary-General shall notify Order of the Pharmacy Council to the accused or alleged person without delay and shall record the Order in the registration of Pharmaceutical practitioner. Section 44. Under the application of section 28, a pharmaceutical practitioner whose license is suspended or withdrawn shall not perform pharmaceutical profession or any act which could be mistaken by others that he or she has the right to perform pharmaceutical profession from the date of being notified of the Order of the Pharmacy Council on the suspension or withdrawal of such license. Section 45. A pharmaceutical practitioner who is under a license suspension and breaches section 44 and is published to a term of imprisonment under section 50 with the final judgment, the Board shall order to have such license withdrawn from the date of a final judgment. Section 46. A veterinary practitioner whose license is withdrawn may apply for a license after a lapse of two years from the date of license withdrawal. In the case where the Board considers the license application and refuse to issue, that person shall be able to apply for the license again after a lapse of one year from the date of refusal. If the Board refuses to issue the license for the second time, that person shall lose the right to apply for the license. A practitioner who performs the art of healing in the field of pharmacy under the law on trial of the art of healing profession who license was revoked before this Act has come into force and wish to apply for a license to be a pharmaceutical practitioner shall act in accordance with the provisions in this Act. 17 DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. CHAPTER VI Competent Officials Section 47. In the course of execution of duties, a competent official shall have powers to enter into a place of pharmaceutical practitioner or a person whom there is a reasonable ground to believe that he or she is a pharmaceutical practitioner during the operation hours or there is a reasonable ground to believe that it is during the operation hour to examine the license, search and seize any document or article which could be used as evidence in the case proceeding for a breach under this Act. For the course of execution of competent official under paragraph one, related person shall facilitate as appropriate. Section 48. A competent official shall, in the execution under this Act, produce his or her identification card. The identification card shall be in accordance with the form specified by the Minister and is published in the Government Gazette. Section 49. In the execution of duties under this Act, a competent official shall be the official under the Penal Code. CHAPTER VII Penalties Section 50. Any person who violates section 28 or section 44 shall be liable to imprisonment for a term of not exceeding three year or to a fine of not exceeding thirty thousand Baht or to both. 18 DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. Section 51. Any person who violates section 29 or section 30 shall be liable to imprisonment for a term of not exceeding one year or to a fine of not exceeding ten thousand Baht or to both. Section 52. Any person who violates section 32 paragraph three or fails to facilitate a competent official in the execution of his or her duties under section 47 paragraph two shall be liable to a fine of not exceeding one thousand Baht. Section 53. Any person who fails to give a testimony statement or fails to hand in requested documents or articles under section 39 shall be liable to imprisonment for a term of not exceeding one month or to a fine of not exceeding one thousand Baht or to both. Transitory Provision Section 54. Any person who has registered and holds a license to practice the art of healing in the field of pharmacy under the law on control on the art of healing profession on the date that this Act published in the Government Gazette shall be considered a member of the Pharmacy Council under this Act. Section 55. Any person who has registered and holds a license to practice the art of healing in the field of pharmacy under the law on control on the art of healing profession on the date that this Act published in the Government Gazette shall be considered having registered and holding a license of the pharmaceutical practitioner under this Act. Section 56. In the beginning where there is no election for the Board members of the Pharmacy Council, the members shall consist of the Permanent Secretary of the Ministry of Public Health as chairperson of the Pharmacy Council and members of the Board appointed under section 15(1) and (2) as members. Appointment of such members shall be completed within thirty days from the date that this Act comes into force. 19 DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. Permanent Secretary of the Ministry of Public Health shall appoint members under section 15(1) or (2) as Secretary-General, Deputy Secretary- General, public relation and treasurer, one person for each position until such positions are filled by election under section 17 paragraph two. Election of members under section 15(3) shall be completed within one hundred and eighty days from the date that this Act comes into force. Section 57. During the period where there is no Ministerial Regulation, Rule, or Notification, Ministerial Regulation, Rule, or Notification under the law on control of the art of healing profession shall be in force mutatis mutandis and shall not exceed one year from the date that this Act comes into force. Section 58. A breach of code of conduct or restriction and conditions in the art of healing profession under the law on control of the art of healing profession in the part concerning pharmaceutical profession before the enforcement of this Act and has not proceeded under the law on control of the art of healing profession shall be deemed a breach of a code of conduct of a pharmaceutical profession under this Act and shall continue to proceed in accordance with this Act. In this case where there is a proceeding against a person who breaches a code of conduct or restriction and conditions in the art of healing profession in the field of pharmacy under the law on control of the art of healing profession before this Act has come into force shall be considered as the proceeding under this Act and continue to proceed in accordance with this Act. Countersigned by Chuan Leekpai Prime Minister 20 DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. Rate of Fees (1) Fee for registration of a license for Pharmaceutical practitioner 5,000 Baht each (2) Fee for a certificate of registration for a pharmaceutical practitioner 500 Baht each (3) Fee for approval letter or diploma stating knowledge And expertise in veterinary profession and Diploma stating other qualifications in pharmaceutical profession 2,000 Baht each (4) Fee for a license substitute 500 Baht each