Licensing of pre-May 2003 pharmacies

In terms of Section 22 of the Pharmacy Act, 53 of 1974, under the title “Licensing of pharmacies”, and in particular Section 22(9), a person registered to carry on the business of a pharmacy at the commencement of this section shall be deemed to be licensed in terms of Section 22(1) of the Act. The amended Section 22 came into effect with the commencement of the Regulations relating to the ownership and licencing of pharmacies (GNR. 553 of 25 April 2003) on 1 May 2003. Such pharmacies are identified as ‘pre-May 2003’ pharmacies, being those pharmacies that were registered as pharmacies prior to 1 May 2003, in the manner as prescribed prior to the commencement of the Pharmacy Amendment Act, 88 of 1997, those do not have a pharmacy license issued by the Department of Health, and those that are deemed to be licensed in terms of Section 22(9) of the Pharmacy Act.

In February 2015, Council resolved that all pharmacies registered prior to 1 May 2003 be required to obtain a license from the National Department of Health and to record such licenses with Council and that both the fee for the application for the license and the recording of the license need not be paid, provided that the pharmacy was still at the same premises as at 1 May 2003 and that the ownership of the pharmacy had not changed.

The Office of the Registrar sent out a survey to all pre-May 2003 pharmacy owners. Those who did not submit the survey before 30 June 2023, will have to apply for a pharmacy license and record that license at the full cost.

Pre-May 2003 pharmacies need to be licensed with the Department of Health so that the Department can correctly apply the provisions of the Guidance for persons submitting an application for a license for a pharmacy premises document when licensing other pharmacies. It is in the best interest of the owners to license their pre-May 2003 pharmacies, especially with respect to the anticipated certification of facilities in the roll-out of National Health Insurance in order to achieve Universal Health Coverage.

All owners of pre-May 2003 pharmacies who have not yet begun the process of licensing their pharmacies are urged to do so as soon as possible.

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