The main objects of this Act are (inter alia) to provide for the registration of medicines and related substances intended for human and animal use, the establishment of the Medicines Control Council and the control of medicines, scheduled substances and medical devices.
Subject to this section, no person may sell or have in their possession or manufacture any medicine or scheduled substance, unless it is in accordance with the conditions prescribed in this Act.
Compliance Obligations?
The Minister has prescribed the scheduled substances referred to in this section. Note that any Schedule 0 substance may be sold in an open shop. Note the various restrictions on the sale of Schedule 1 substances as set out in section 22A(4). Note further the restrictions that apply to the sale of any Schedule 2, 3, 4, 5 or Schedule 6 substances as set out in section 22A(5) and (6). Note the requirements around Schedule 7 and 8 substances as set out in the remaining sections of section 22A.
This section makes provision for issuing licenses to medical practitioners, dentists, practitioners, nurses or other persons registered under the Health Professions Act 56 of 1974 to compound and dispense medicines.
Compliance Obligations?
If compounding and dispensing of medicines takes place, ensure that the relevant persons are properly licensed. A license will only be issued if the applicant has successfully completed a supplementary course determined by SA Pharmacy Council. Further to this, no person may compound or dispense medicine unless they are authorized to do so under the provisions of the Pharmacy Act 53 of 1974, or is a vet or holds a license as referred to above.
This section makes provision for the vicarious liability of an employer for the actions or omissions of employees or agents in the circumstances set out in this section.
Compliance Obligations?
Note the exceptions set out in section 33(1). Ensure that all reasonable steps are taken to avoid this situation from arising.