The Pharmaceutical Journal
Vol 270 No 7242 p453
29 March 2003

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Impact of new South African legislation on pharmacy practice

In this brief article, Colin Deeney, a community pharmacist in Ireland, describes two pieces of legislation that are soon to come into effect in South Africa and how they will impact on pharmacy in the country

Legislative changes are afoot in South Africa's pharmacy sector. The Pharmacy Act comes into effect on 2 April 2003. This will deregulate pharmacy ownership in South Africa and, after this, pharmacies can be owned by non-pharmacists so long as a qualified pharmacist is employed to run them. This makes the situation there somewhat similar to the United Kingdom and could well lead to a shake up as multiples and other retailers increase their representation. For example, mixed supermarket style retailers are expected to be interested.

Under the new act the South African Department of Health (DOH) will have responsibility for the licensing of pharmacies. All persons wanting to own a pharmacy, including registered pharmacists, must apply for a licence. By having control of pharmacy licensing, the DOH hope to obtain a more rational distribution of pharmacies. It appears there is unlikely to be any guarantee that, should a pharmacist wish to sell an existing business, a licence will be transferred to a new owner. It will depend on whether the DOH finds it favourable. One point the DOH is likely to consider is the siting of the existing pharmacy.

The South African Pharmacy Council will continue to have responsibility for the registration of pharmacists. This includes maintaining acceptable standards in pharmaceutical education and pharmacy practice. With regard to pharmacy premises, the pharmacy council's role will be limited to inspection and record keeping only.

United South African Pharmacies, which represents about two-thirds of independent community pharmacies in South Africa, has expressed concern about the possibility of large retail firms stepping into pharmacy. It has suggested that large retailers should only be permitted to open up pharmacies in areas that do not currently have pharmaceutical services. There appears to be some uncertainty about the DOH intentions.

Another new piece of legislation, Medicines and Related Substances Control Amendment Act, Act 90 of 1997, will require pharmacists to offer customers a generic substitute, regardless of what the prescriber has written. This is assuming that the drug is off-patent and a generic is available. The director-general of health, Ayanda Ntsaluba, says Act 90 will affect pharmaceutical industry and in particular bring down drug costs.

There is some concern that the new legislation (Act 90), although aimed specifically at amending practice in community pharmacy, will have implications for hospital care. For example, Norman Weltman, director of the Hospital Association of South Africa, has questioned how pharmacists are expected to deal with an unconscious person since the new legislation specifies that patients must be asked whether they would like to receive a generic substitute.