ADVOKS GLOBAL · KENYA
Pharmacy and Poisons Act
44. Rules
Edition: 2023-12-11 · In force
44. Rules
(1)The Cabinet Secretary may, after consultation with the Board, make rules with respect to any of the following matters or for any of the following purposes—(a)prohibiting the sale by retail of a specified Part I poison except on a prescription duly given by a duly qualified medical practitioner, dentist or veterinary surgeon and for prescribing the form and regulating the use of those prescriptions;(b)prohibiting, regulating or restricting the sale of Part II poisons or of any specified Part II poisons by any of the persons licensed under section 28 or section 32 of this Act or by any class of such persons;(c)exempting from any of the provisions of this Act relating to the sale of poisons any article or substance containing poison or any class of such articles or substances or for dispensing with or relaxing with respect to poisons any of the provisions contained in Part III of this Act;(d)prohibiting, regulating or restricting the manufacture, sale or advertising of drugs, pharmaceutical preparations and therapeutic substances;(e)the safe custody and storage of poisons;(f)the importation, exportation, transport and labelling of poisons;(ff)the importation and exportation of drugs;(g)the containers in which poisons may be supplied;(h)the addition to poisons of specified ingredients for the purpose of rendering them readily distinguishable as poisons;(i)the compounding and dispensing of poisons;(j)the period for which any books or registers required to be kept for the purposes of this Act are to be preserved;(k)the fees to be paid for anything to be done under this Act;(l)the procedure to be observed by the Board;(m)the conduct of inquiries by the Board under section 12 of this Act and the attendance of witnesses and the production of evidence thereat;(ma)prescribing the qualification for registration of pharmaceutical analysts;(mb)the standards and practice of pharmacy;(mc)pharmacy education and training;(md)continuing professional development for all practising pharmacists and pharmaceutical technologists;(me)criteria for issuance of pharmaceutical representatives permits;(mf)pharmacovigilance, post market surveillance and Good Manufacturing Practice; and(n)anything which is by this Act required or authorized to be prescribed.(2)The power to make rules under this section with respect to poisons or drugs includes the power to make rules with respect to any class of poisons or drugs or any particular poison or drug.(3)All rules made under this section shall be laid before the Legislative Council as soon as may be after they are made, and if a resolution is passed within the next twenty days on which the Council sits after any such rule is laid before it that the regulation be annulled, it shall thenceforth be void, but without prejudice to the validity of anything done thereunder or to the making of any new rule.