A SHORT HISTORY OF LIBERTY'S PROGREE THROUGH HE EIGHTEENTH CENTURY
Pharmacy law and regulations 2014
1. Pharmacy Law and Regulatory
Affairs
As part of Orientation to Pharmacy and pharmacy Law Course
(0200131)
September, 2014
Instructor
Khairi Mustafa Salem. B.Pharm, PhD.
Orientation to Pharmacy and Pharmacy Law (0200131) Page 1
2. Table of Contents:
No. Title Page Number
1
Chapter 1: Pharmacy law and Regulatory Affairs,
MOH, UAE 3
2
UAE Federal Law No: 4, 1983: The Pharmaceutical
Professions and Institutions 4
3
Guidelines and Minimum Standards for Good
Pharmacy Practice (GPP) in UAE Pharmacies
33
4 Code of Professional Conduct 40
5
Pharmacist Job Degrees in Ministry of Health in
United Arab Emirates
46
6
Appendix A: Controlled, Semi-Controlled and
Narcotic Medicines (2007-2008) 1-49
7
Chapter 2: Policies and Regulatory Affairs, Health
Authority of Abu Dhabi (HAAD), UAE 47
8
Pharmacy Profession: Personal Qualification
Requirement
48
9 Generic Drugs Policy 50
10
Policy on the Expiry Date of Medicines, Medical
Consumables and Chemicals in Public Pharmacy
64
15
Appendix B: A Guide to the Management of
Controlled Drugs in the Private Sector
1-29
Orientation to Pharmacy and Pharmacy Law (0200131) Page 2
3. Chapter 1:
Pharmacy law and Regulatory
Affairs, MOH, UAE
Orientation to Pharmacy and Pharmacy Law (0200131) Page 3
4. UAE FEDERAL LAW NO: 4, 1983
The Pharmaceutical Professions and Institutions
Contents
1 Definitions (Article 1)
2 Pharmacists and Assistants (Articles 2-5)
3 The License Committee (Articles 6-9)
4 Temporary Licenses (Article 10)
5 Prescriptions (Articles 11-15)
6 Pharmacist Duties (Articles 16-18)
7 Licensing of Pharmacies (Articles 19-33)
8 Licensing of Drug Stores and Ad Hoc Provisions (Articles 34-46)
9 Licensing of Medicines Factories and Ad Hoc Provisions (Articles 47-58)
10 Licensing of Scientific Offices and Ad Hoc Provisions (Articles 59-62)
11 Registration of Medicines, Companies and Pricing (Articles 63-67)
12 Poisons and Dangerous Drugs (Articles 68-76)
13 Inspectors Authority (Article 77)
14 Disciplinary Powers and Fees (Articles 78-94)
Federal Law No: 4 of 1983 on Pharmaceutical Profession and Institutions:
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5. We, Zayed Bin Sultan Al Nahyan, President of the United Arab Emirates:
After taking cognisance of the provisional constitution; Federal Low No: 1 of
1972 and the laws amending it on jurisdictions of Ministries and powers of
Ministers; Federal Law No: 5 of 1974 on practicing pharmaceutical profession
and trading in a medicine; And in accordance with what has been submitted by
Minister of Health, approved by the Cabinet and Federal National Council and
endorsed by the Federal Supreme Council; Have issued the following:
ARTICLE 1
In the application of the provisions of this law, the following words and phrases
shall have the meanings stated herein:
1 The Country The United Arab Emirates
2 The Minister The Minister of Health
3 The Ministry The Ministry of Health
4 Pharmaceutical Profession Preparation, composition, separation,
manufacturing, bottling or packing,
selling or distribution of any medicine for
protection or treatment of human beings
or animals.
5 The Pharmacist Any person holder of pharmacy
certificate from a recognised high
institute, college or university.
6 Licensing Committee The Committee stated in the article 6 of
this law.
7 Licensed Pharmacist Any person licensed to pharmaceutical
profession according to the provisions of
this law.
Orientation to Pharmacy and Pharmacy Law (0200131) Page 5
6. 8 The Pharmaceutical Institution Public or private, pharmacy, medicine
factories and stores and scientific offices.
9 Medicine Any medicine that contains one or more
element for treatment or protection of
human beings and animals.
10 Chemical Elements Basic elements composing the medicine
11 Medical Appliances Equipment other than medicine and
which are used for medical purposes.
12 Medical Store Any institution inside the country for
import, storage and distribution of
medicine (wholesale).
13 Medical Factory The production unit inside the country
and which manufactures medicine.
14 Scientific offices The scientific centres that notify and give
information about medicine and chemical
elements produced by factories, which
the scientific offices affiliate.
ARTICLE 2
No person is permitted to practice pharmaceutical profession without obtaining
a licence according to the provisions of this law.
Persons who apply to obtain the licence should:
1 Hold a pharmacy certificate from a recognised high institute, college or
university.
2 Practiced pharmaceutical profession for a period not less than two years (for
foreigners)
3 Have a clear police record.
4 Fluent Arabic and foreign language.
Orientation to Pharmacy and Pharmacy Law (0200131) Page 6
7. 5 Pass the examination to be organised by the Ministry in this regard and
according to the rules to be issued by the Minster in consultation with the
licensing committee.
ARTICLE 3
No person should practice the profession of assistant pharmacist without
obtaining the licence according to the provisions of this law.
To obtain the said licence the applicant should be:
1 Holder of a recognised assistant pharmacist certificate.
2 Practiced the profession for at least two years in one of the pharmaceutical
institution under the supervision of a licensed pharmacist.
3 Have a clear police record.
4 Fluent in Arabic and one of the foreign languages.
5 Pass the examination to be conducted by the Ministry for this purpose and
according to the rules to be issued by the Minster after consultation with
licensing committee.
ARTICLE 4
The documents to be attached to the application for obtaining the licence stated
in article 2 and 3 shall be determined by the decision to issue by the Minister.
ARTICLE 5
The licensed pharmacist may appoint as an aide an assistant pharmacist who
fulfilled the conditions stated in the article 3 of this law.
Orientation to Pharmacy and Pharmacy Law (0200131) Page 7
8. He may also appoint with him in the pharmaceutical institution students from
Pharmacy College or assistant pharmacists who did not completed the training
period after obtaining the Ministry’s approval and shall be responsible for the
mistakes they may commit.
ARTICLE 6
A committee to be named the licences committee shall be set up in the Ministry.
The formation of this committee and its work regulations shall be determined by
a decision to be issued by the Minister.
The licences committee shall look into the application for obtaining the licences
stated in article 2,3,18,34,47 and 60 of this law (licensing pharmacists and
assistant pharmacist and opening pharmacy, drug store, medicine factory or
scientific office).
The committee shall submit its recommendations in this concern to the Minister
for action.
ARTICLE 7
The licence committee shall practices its duties stated in the article 6
considering that priority for obtaining licences shall be for UAE nationals, Arab
nationals and then other nationalities.
ARTICLE 8
The committee should state the reasons for rejecting the application and the
applicant may submit to the Minister his complaint on the committee’s decision
within a period of 30 days from the date of his notification about the decision
rejecting the licence. The minister’s decision in this concern shall be final.
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9. ARTICLE 9
A record including the pharmacists and assistant pharmacists licensed to
practice the pharmaceutical profession according to the provisions of this law
shall be set up in the Ministry.
The Minister shall issue a decision determining the form of the record and the
information and statements, which should be included.
ARTICLE 10
Pharmacists and assistant pharmacists employed by the government authorities
shall be granted by a decision to be issued by undersecretary of the Ministry
temporary licence to work only with the employer.
ARTICLE 11
The licensed pharmacist should not give any medicine or medicinal preparation
without a medical prescription in a clear hand-writing carrying the name of the
licensed doctor who issued it, its stamp and date issue. If the prescription
included one of the drugs stated in one of the tables appended to this law, the
licensed pharmacist should make sure of the following before giving the drug:
1 That the medical prescription is numbered and stamped by the Ministry’s
stamp and issued in the form prepared for this purpose.
2 Written in an ineffaceable (impossible to remove) material.
3 The prescription should include the amount of medicine in letters and figures,
directions and name and address the patient.
4 Should not be issued for a period exceeding two days.
5 The prescribed dose should not be more than what has been stated in the
pharmacopoeia and the period of usage not to exceed three days.
The provisions of the paragraph 1 of this article shall not apply on what is sold
by a pharmacy to another or to a medical institution.
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10. Duration of prescription allowed for CDA and CDB drugs depends on the
status of the prescriber
Prescriber
status
Duration of
prescription
General Practitioner 3 days
Specialist 2 weeks
Consultant 4 weeks
Psychiatry Specialist 4 weeks
or Consultant
ARTICLE 12
Licensed pharmacist is not permitted to grant, dispense of sell poisons on
amounts in excess of the doses laid down in the pharmacopoeia.
ARTICLE 13
Licensed pharmacist is not allowed to make any changes in the medical
prescription before consulting the doctor who issued the prescription.
He is also not permitted before obtaining the approval of the doctor, to repeat
the supply of tranquillisers or medicine including abortifacients (substances that
induces abortion) or, a medicine, which may lead to addiction.
ARTICLE 14
If the licensed pharmacist discovered a mistake or omission in the medical
prescription or become doubtful about part of it, he should discreetly contact the
doctor who issued the prescription and he may return the prescription to the
doctor if he rejected the clarification made by the doctor.
In this case, the doctor should underline the issue in dispute and sign it.
Orientation to Pharmacy and Pharmacy Law (0200131) Page 10
11. ARTICLE 16
The licensed pharmacist should carry out his duties in conformity with
regulations of the profession and in particular:
1 Shall not conduct any practices against the honour of the profession.
2 Shall keep confidential the disease, which he may come to know through the
medical prescription presented to him or through any means related to his
practicing of his work.
3 Shall abide by the laws and regulations followed in this profession.
4 Shall notify the communicable diseases he may discover during practicing his
duties.
5 Should not undertake himself any work other than his work in the pharmacy.
ARTICLE 17
The licensed pharmacist should not commit any work in violation of the duties
of the profession in particular:
1 Encouragement of patients to buy medicine from his pharmacy through secret
deals with others.
2 Monopoly, hiding or selling of medicine for prices higher than the fixed prices
3 Change of medicine as regards quantity or quality in contradiction with the
provision stated in the law.
4 Selling of free medical samples.
5 Practicing medical or nursing works except for those relating to first aid and
in necessary cases.
6 Dispensing of medical prescription through a code or a signal not agreed upon
scientifically. Dear Dr. Hani
Many thanks for your interest in the College of pharmacy, unfortunately no vacant academic
posts in the medicinal chemistry at the current time; we will contact you in future for any
related posts to your academic experience
Orientation to Pharmacy and Pharmacy Law (0200131) Page 11
12. Thanks again for your interest in CoP at Al-Ain University
Best Regards
Khairi Mustafa Salem. B.Pharm., PhD
Dean, Pharmacy College
Dear Dr. Hani
Many thanks for your interest in the College of pharmacy, unfortunately no vacant academic
posts in the medicinal chemistry at the current time; we will contact you in future for any
related posts to your academic experience
Thanks again for your interest in CoP at Al-Ain University
Best Regards
Khairi Mustafa Salem. B.Pharm., PhD
Dean, Pharmacy College
Dear Dr. Hani
Many thanks for your interest in the College of pharmacy, unfortunately no vacant academic
posts in the medicinal chemistry at the current time; we will contact you in future for any
related posts to your academic experience
Thanks again for your interest in CoP at Al-Ain University
Best Regards
Khairi Mustafa Salem. B.Pharm., PhD
Dean, Pharmacy College
7 Agreement with a doctor to write prescription in a special way or code
between them.
8 Criticizing or abusing the doctor whom issued the prescription before others.
ARTICLE 18
No person is permitted to open a pharmacy before obtaining a license according
to the provisions of this law.
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13. ARTICLE 19
For opening a pharmacy the following should be fulfilled:
1 The applicant for the licence should be a UAE national.
2 A licensed pharmacist should manage the pharmacy.
3 The distance between the pharmacy and the nearest pharmacy should not be
less than 200 meters.
4 The pharmacy should fulfil the health and technical conditions to be
determined by the Minister.
ARTICLE 20
Applicant who wants to obtain a licence to open a pharmacy should submit his
application to the licences committee including the following:
1 Name, nationality and address of the applicant.
2 Number and date of issue of the licence for practicing the pharmaceutical
profession granted to the pharmacist who shall be responsible for the
management of the pharmacy.
3 The Minister shall determine the documents, which should be attached with
the application.
ARTICLE 21
The concerned administrative authorities in the Ministry shall examine the place
supposed to be occupied by the pharmacy to see whether all conditions stated in
the law are fulfilled. The said authorities shall submit a report on its work to the
licences committee.
ARTICLE 22
The licence for opening a pharmacy shall be personal and should not be
relinquished to others.
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14. The licence shall be considered null and void by the power of law if the
ownership of the pharmacy is transferred to another person. In this case, a new
licence should be obtained.
In all cases the licences for opening a pharmacy shall be for one year renewable.
ARTICLE 23
Without obtaining the approval of the Ministry, the pharmacy should not be
shifted from one place to another and no change should be introduced in its
designs of planning.
ARTICLE 24
The name of the pharmacy should be written a big Arabic letters on a board to
be fixed in an easily visible place.
ARTICLE 25
The licence of the pharmacy shall be considered expired by the force of law in
the following cases:
1 The transfer of the ownership of the pharmacy to another
2 The closure of the pharmacy for six consecutive months without strong reason
accepted by the licences committee.
3 Failure to start work in the pharmacy within six months from obtaining the
licence.
ARTICLE 26
No person shall be licensed to operate more than one pharmacy. A pharmacist
who is a government employee is not permitted to open, manage or work in a
private pharmacy.
ARTICLE 27
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15. In case of absence of the licensed pharmacist responsible for administration of
the pharmacy, another licensed pharmacist should be appointed to replace him.
The period of the annual absence should not exceed 60 days. An assistant
pharmacist who worked in the pharmacy for at least three months should be
present.
ARTICLE 28
The pharmacy should be reserved only for storing, preparing of medicine and
medical preparations, selling of cosmetic material, perfumes, children’s food,
medical milk, insecticides, medical surgery optical and laboratory equipment,
dental equipment, toothbrush and pastes and shaving soaps and similar items.
ARTICLE 29
No pharmacy should have an entrance leading to a clinic, shop, apartment or
any place, which has no relation with its activities.
ARTICLE 30
The urgent first aid equipment, basic medicine, other equipments, reference
books and official records which should be secured in the pharmacy shall be
determined by a decision to be issued by the Minister. The Minster shall also
issue a decision determining the banned medicines and ways of keeping and
circulation of tranquillisers and poisons.
ARTICLE 31
The medicines should be kept in the pharmacy in a good condition and
according to the technical conditions. Medicines whose date is expired should
not be kept in the pharmacy.
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16. ARTICLE 32
The Ministry shall organize the night and morning shifts of the pharmacies.
ARTICLE 33
Licence may be granted for opening of pharmacies for a government body,
public authority, public institution, society or private hospitals on condition that
these pharmacies are under the management of a full-time licensed pharmacist
and serve only the party, which may affiliate.
The conditions for opening such pharmacy shall be determined by a decision to
be issued by the Minister.
ARTICLE 34
Before obtaining a licence according to the provisions of this law, no person is
permitted to open a medical store.
ARTICLE 35
The following conditions should be fulfilled before opening of a medical store:
1 The applicant to obtain the licence should be a UAE national.
2 A licensed pharmacist should run the store’s management.
3 The store should fulfil the medical and technical conditions to be determined
by the Minister.
ARTICLE 36
Applicant, for obtaining a licence for a medical store should submit to the
licences committee an application including the following:
1 Name nationality, age and address of the applicant.
2 Number and date of the licence issued to the pharmacist charged with
conducting the management of the store.
Orientation to Pharmacy and Pharmacy Law (0200131) Page 16
17. 3 The documents which should be attached to the application (the documents
shall be determined by the Minister).
ARTICLE 37
The place to be selected for the premises of a medical store shall be examined
according to what has been stated in article 21 of this law.
ARTICLE 38
The licence to open a medical store shall be personal, not to be relinquished to
others. The licence shall be considered null and void by the force of law if the
ownership of the store was transferred to another person.
In all cases, the licence of the store shall be for one year renewable.
ARTICLE 39
A record shall be established in the Ministry to include names of the owners of
licensed stores. The Minister shall issue a decision determining the form of the
record, the information to be included and the administrative authority, which
shall supervise and organize the record.
ARTICLE 40
No person is permitted to import medicines, chemicals or medicinal
preparations unless he is owner of medical store and obtained a licence for
import of the said items according to the provisions of the law.
ARTICLE 41
If the owner of the medical store is an agent for the party that produces the
medicine, medicinal preparations or chemicals, he shall not be granted the
importation licence except from the same party.
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18. ARTICLE 42
Owner of medical store should keep a general record to include incoming
medicines, pharmaceutical preparations and chemicals, date of their supply and
the daily amounts dispensed.
He should also keep a special record for poisons, dangerous medicines and
psychiatric drugs.
The two records shall be kept by the pharmacist-responsible for the
management of the store.
ARTICLE 43
The owner of the store or the pharmacist responsible for its administration is not
permitted to sell or grant as a sample to any pharmacy a medicine or medicinal
preparation not priced or which has expired.
Any of them are also not permitted to enter into a deal with doctors or
pharmacist to pursue personal interests in contradiction with the provisions of
the law.
ARTICLE 44
The owner of the store or the pharmacist responsible for its administration are
not permitted to sell to a pharmaceutical, medical or treatment institution any
medicine to any person other than those licensed by the concerned authorities.
Chemicals used in industrial or agricultural purpose are also not to be sold to
persons other than those licensed by the authorities.
The provisions of article 28 of this law shall apply on the medical store.
ARTICLE 45
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19. Owner of the store or the responsible pharmacist is not permitted to sell,
dispense or handover poisons in excess of the dose laid down in the
pharmacopoeia.
Licensed pharmacist responsible for the administration of a pharmacy, a doctor
licensed according to the provision of law or a person permitted to use poisons
material in his profession are exempted from the provision of the above
paragraph.
The number and price of any medicine or medical preparation should be written
on the cover.
ARTICLE 46
Owner of the store and the pharmacist responsible for its management should
abide by the provisions of laws and regulations on import, storing and
distribution of medicines.
ARTICLE 47
No person is permitted to open medical factory before obtaining a licence
according to the provisions of this law.
ARTICLE 48
Without prejudice (contradiction) to the provisions of federal law No: 1 of 1979
on organisation of Industry affairs, the following should be fulfilled for
obtaining a licence for medicine factory.
1 The factory should include production section, chemical, disinfection and
bacteriological laboratories and should fulfil the technical and medical
conditions to be determined by the Minister.
2 The supervision of the factory with all its sections and laboratories should be
by a manager licensed to practice pharmaceutical profession according to the
provisions of this law.
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20. 3 Every laboratory should be supervised by licensed pharmacists and specialists
in the medicines produced by the factory.
ARTICLE 49
To obtain a licence for opening a medical factory, an application should be
submitted to the licences committee including:
1 The contract for establishing the factory or its articles of association including
names of shareholders in its capital.
2 Number and date of the licence issued to manager of the factory to practice
pharmaceutical profession and licences issued to pharmacists.
3 Other documents determined by the minister.
ARTICLE 50
The site and premises of the factory should be examined according to what has
been stated in article 21 of this law.
ARTICLE 51
Manager of the factory shall be responsible for dangerous drugs and keeping
their records.
ARTICLE 52
In case of absence of manager of the factory for a certain period another person
licensed to practice the pharmaceutical profession should replace him.
And in the case of the manager who resigns, or is dismissed, a successor should
be appointed within 15 day from the date of the previous manager leaving the
work.
ARTICLE 53
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21. The Ministry should be notified about the absence of the manager and the one
who replaced him.
The Ministry should also be notified names of staff of the factory and those who
are licensed to practice pharmaceutical profession and any change, which may
occur in their status.
ARTICLE 54
The type of records to be kept by the factory, their organization and the party
authorised to inspect these records shall be determined by a decision to be
issued by the Minister with taking into account the following:
1 The records should be stamped by the Ministry stamp, numbered and kept
with the manager responsible for the factory and its laboratories.
2 All required information should be registered in these records daily.
3 The records should include all transactions concluded in the factory mainly
the raw materials, their preparation manufacturing and distribution.
ARTICLE 55
The following stores should be attached to every medical factory:
1 Store for raw materials
2 Store for dangerous materials
3 Store for the manufactured preparations.
ARTICLE 56
The following preparations should be maintained in medical factories:
1 The buildings should be separated from each other and provided with all
safety measures.
2 All sections should include emergency exits.
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22. 3 The wastes should be disposed of in a way not to lead to environmental
pollution and not threaten general health.
4 All technical and health conditions should be maintained to secure the safety
of its staff.
ARTICLE 57
The provisions of articles from 33 to 45 of this law shall apply on stores of
medical factories.
ARTICLE 58
The licence for medical factory shall be considered by the force of law if the
share of the UAE national in its capital dropped to less than the percentage
stated in law No. 1 of 1979 on organisation of Industry affairs.
ARTICLE 59
No person is permitted to open a scientific office before obtaining a licence
according to the conditions to be determined by the Minister.
ARTICLE 60
For obtaining a licence for scientific office, the application should be submitted
to the licences committee.
ARTICLE 61
Scientific offices should not import medicines or pharmaceutical preparations or
store them for selling or advertising unless these offices are registered in the
Ministry according to the provisions of this law.
Orientation to Pharmacy and Pharmacy Law (0200131) Page 22
23. ARTICLE 62
The scientific offices should keep samples of medicines and pharmaceutical
preparations, which they want to advertise for.
The offices should also keep a record for their samples stamped with the
Ministry’s stamp and stating on every sample “not for sale” or an equivalent
phrase.
ARTICLE 63
A committee to be named medicines pricing and companies committee shall be
established in the Ministry to register the medicine and pharmaceutical
companies and fix the prices of medicines.
The Minister shall issue the decision on the formation to the committee and
regulation of its work.
The committee shall submit its recommendations on its work to the Minister for
action.
ARTICLE 64
The Minister may at the recommendation of the committee stated in article 63
decide the following:
1 Approve the registration of any medical company or any medicine or
pharmaceutical preparation proved suitable for circulation.
2 Ban the circulation of any medicine or pharmaceutical preparation proved at
any time harmful to public health.
In such cases, the medicine or pharmaceutical preparation should be cancelled
from the Ministry’s records if registered and all the amounts should be
confiscated and destroyed without maintaining any right to the owners to
contact the Minister for compensation.
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24. 3 Fixation of the price of any medicine or pharmaceutical preparation and
consider the pricing.
ARTICLE 65
No import medicine, pharmaceutical preparation or children’s food should be
put for circulation before being registered in the Ministry.
Any medical company, which plans the marketing of its production in the
country, should be registered in the Ministry.
ARTICLE 66
Any medicine or pharmaceutical preparation that undergoes a change to its
constituents should be re-registered.
ARTICLE 67
The following information and data should be written in Arabic and English in
the inside and outside leaflet and container of a medicine or pharmaceutical
preparation.
1 Name of medicine or pharmaceutical preparation and number of registration
in the Ministry.
2 Compounds of medicine and their amounts.
3 Date of expiry.
4 Name of the factory producing the medicine or pharmaceutical preparation.
5 Directions of use and cautionary warnings.
ARTICLE 68
The Minister shall issue the necessary orders to protect people from harms of
poisons and dangerous drugs.
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25. ARTICLE 69
The following categories may possess dangerous drugs in the places where they
practice their profession and through the following means:
1 The pharmacist responsible for the management of the store and through
importation or purchase from another store.
2 The pharmacist responsible for the management of a pharmacy through
purchase from medicines store or a pharmacy.
3 The licensed doctor for use in purposes relating to his profession.
4 Curative institutions according to a special licence
5 Medical factories through importation and purchasing according to the
provisions of this law.
ARTICLE 70
The licensed pharmacist responsible for the management of a pharmacy may
dispense dangerous medicines for medical purposes only in one of the following
cases.
1 For patients who carry a medical prescription issued by a licensed doctor.
2 Owners of animals who carry diseases and who obtain a medical prescription
issued by licensed veterinarian.
3 Doctors according to a signed application certifying that the amount, which
they require, is for use in their clinics.
ARTICLE 71
Medical store or factory is not permitted to import dangerous drugs without
submitting an application signed by the licensed pharmacist or director of the
factory. The application should include all details relating to dangerous drugs to
Orientation to Pharmacy and Pharmacy Law (0200131) Page 25
26. be imported such as the amounts, type, loading methods, clearance station, the
exporting party and its address.
The importation shall be after obtaining the approval of the administrative party
to be named by the Minister.
ARTICLE 72
The medical prescription issued by the licensed doctor may include some
dangerous compounds of a medicine or a pharmaceutical preparation. The
Minister shall issue the decision determining these medicines.
ARTICLE 73
The licensed pharmacist responsible for the pharmacy or the medicines store
should keep a special record for dangerous medicines.
The pages must be clearly numbered and sequential according to the official
ministry format.
The pages should include detailed statement about the amount of dangerous
drugs purchased or imported, name of its supplier or exporter, date of delivery
or arrival, the amounts dispensed or sold, name and address of the patient or the
buyer.
ARTICLE 74
The licensed pharmacist responsible for the management of the pharmacy or
medicines store should keep all medical prescription for dangerous medicines
dispensed or sold for at least five years from the date of selling or dispensation.
ARTICLE 75
The licensed pharmacist responsible for the management of the pharmacy or
medicines store should conduct a regular inventory (check-ups) to examine that
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27. what is stated in the dangerous medicines record is in conformity with what is
actually found.
If any differences are discovered he should inform the Ministry to take the
necessary measures.
ARTICLE 76
Without prejudice (contradiction) to the provisions of the International
agreements which the country ratified (approved), the Minister may add to the
tables No.1, 2 and 3 appended to this law, any medicines or pharmaceutical
drugs proved as poisonous or dangerous.
The Minister may also drop from the said tables any medicines or
pharmaceutical preparations proved not poisonous or dangerous.
The Minister’s decision in this regard shall be published in the official gazette
and enter into force as from the date of its issue.
ARTICLE 77
The Minister of Justice, Islamic Affairs and Awkaf shall after consultation with
Health Minister, issue a decision determining the person who shall have the
legal authorization for inspection of pharmaceutical institutions.
Owners of the pharmaceutical institution should cooperate with officials in their
work.
The appointed inspectors may inspect any pharmaceutical institution to check
whether it is dealing in medicines and poisons trade with obtaining a licence.
ARTICLE 78
The licences committee shall look into the cases committed by licensed
pharmacists and owners of the pharmaceutical institutions in violation of the
provisions of this law and its executive rules and regulations.
The committee should notify the violator to stand before it at least three days
before the date fixed for the session.
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28. If the violator failed to appear before the committee on the fixed date the
committee may take its decision in his absence.
ARTICLE 79
The licence committee may impose one of the following disciplinary
punishments on the violating licensed pharmacist:
A. Warning
B. Suspension for a period not to exceed one year.
C. Withdrawal of the licence.
The committee may impose on owner of the pharmaceutical institution one of
the following:
D. Warning.
E. Closure of the institution for a period not exceeding 60 days.
If the violation is repeated, the institution may be closed for period not
exceeding six months in total in the same year. The committee may also
withdraw the licence.
The punishments stated in this article should be taken only after hearing the
violator’s defiance. If he failed to appear before the committee, it may take its
decision according to the documents before it.
The committee shall issue its decisions to the Minister for approval.
ARTICLE 80
Appeals and complaints against the committee’s decision may be submitted to
the Minister within 15 days from receiving the decision.
The Minister’s decision in the appeal shall be issued within 30 days from the
date of its submission and his decision in this concern shall be final.
Orientation to Pharmacy and Pharmacy Law (0200131) Page 28
29. In all cases the decision on suspension, withdrawal of the licence of the
pharmacist or closure of the pharmaceutical institution should not be
implemented before the expiry of the date fixed for the appeal.
ARTICLE 81
If the licences committee found that the continuation of the pharmaceutical
institution in practicing its work will lead to harmful results, it may decide the
institution be closed pending (awaiting) final decision.
The precautionary closure shall be approved by the Undersecretary (senior
administrator usually second-in-command) of the Ministry and shall be
implemented as from the date of its approval.
ARTICLE 82
The disciplinary decision taken according to the provisions of this law shall not
nullify the criminal responsibility resulting from the same violation.
ARTICLE 83
Without prejudice to any other harsher punishment decided by other law,
imprisonment for a period not less than 6 months and not to exceed one year, a
fine not less than Dh. 1,000 and not to exceed Dh. 5,000 or one of the two
punishments shall be imposed on the person who:
1 Present false documents or wrong statements or followed illegal channels to
obtain a licence in violation of the provisions of this law.
2 Practiced the pharmaceutical profession without fulfilling the conditions
stated in this law.
ARTICLE 84
Without violation of harsher punishment stated by other law, imprisonment not
less than six months and not to exceed one year, a fine not less than Dh. 1,000
Orientation to Pharmacy and Pharmacy Law (0200131) Page 29
30. and not exceed Dh. 3,000 or one of the two punishments shall be imposed in the
following cases:
1 The pharmacist who fulfils the conditions stated in this law to practice
pharmaceutical profession but practiced the profession before obtaining the
licence.
2 Any pharmacist who violate the provisions of article 13 or 16 of this law.
ARTICLE 85
Without prejudice to any harsher punishment stated in other laws, any person
who violates the prices fixed for medicines and pharmaceutical preparations
shall be fined not less than Dh. 1,000 and not more than Dh. 5,000
If he repeated the violation and a final conviction decision was taken, the
licence granted to him shall be considered withdrawn by the force of law.
ARTICLE 86
Without prejudice to any harsher punishment sated in other laws, any person
who forge (counterfeit) or fraud a medicine, pharmaceutical preparation or
chemicals shall be sentenced to imprisonment for a period not less than one year
and not to exceed three years, a fine not less than Dh. 2,000 and not to exceed
Dh. 10,000 or one of the two punishments.
Beside the punishments stated in article 83 and 84 and the first paragraph of this
article, the court may order the withdrawal of the licence.
ARTICLE 87
Any violator of the provisions of this law or its executive regulations and which
are not included in one of the rules stated in article 83, 84, 85 and 86 of this law,
shall be fined not less than Dh. 1,000 and not more than Dh. 5,000.
Orientation to Pharmacy and Pharmacy Law (0200131) Page 30
31. ARTICLE 88
In the case of the withdrawal of the licence in accordance with the provisions of
article 83 of this law or a final decision was taken on withdrawal of the licence
in accordance with articles 81, 82 and 84 of this law, the Minister may permit
the appointment of another pharmacist to undertake the management of the
pharmacy or the store.
He may also decide to final closure of the pharmacy or the store and after its
liquidation of till assets and selling it under the supervision of the Ministry.
ARTICLE 89
The Ministry may collect fees for the licences and registrations made according
to the provisions of this law on conditions that the fees collected not to exceed
Dh. 10,000 for the factory licence and Dh. 2,000 for other licences and records.
The Minister shall at the recommendation of the licences committee of the issue
a decision determining these fees.
ARTICLE 90
The obtaining of the licence stated in this law shall not exempt from obtaining
other licences decided by existing laws and regulations.
ARTICLE 91
If the agent of a medicine or pharmaceutical preparation is changed, the new
agent should notify the Ministry about the change within 30 days from the date
of transfer of the agency to him.
ARTICLE 92
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32. Publication of pamphlets (brochures) or books and advertising through
newspapers, radio and TV for any medicine, pharmaceutical preparation, or
children’s food to be determined by the Minister shall not be permitted (without
approval).
ARTICLE 93
Except for the distance condition stated in article 19 (200 meters) of this law, all
existing pharmaceutical institutions should correct their situation according to
the provisions of this law within six months from the date when this law enter
into force.
ARTICLE 94
Police staff shall assist in implementing the final disciplinary decisions on
closing pharmaceutical institution according to the provisions of this law.
ARTICLE 95
The Minister shall issue the executive decisions for implementation of this law.
ARTICLE 96
Law No.5 of 1974 and provisions, which contradict the provisions of this law,
shall be considered null and void.
ARTICLE 97
This law shall be published in the official gazette and enter into force 30 days
from the date of its publishing.
Orientation to Pharmacy and Pharmacy Law (0200131) Page 32
33. Guidelines and Minimum Standards for Good Pharmacy
Practice (GPP) in UAE Pharmacies
July, 2003
Introduction:
There are almost 1000 pharmacies across the UAE and they are staffed by
pharmacists and assistants from over 20 countries. Minimum standards of
practice vary across the globe for all professions and pharmacy is no exception.
The people of the UAE have access to a high standard of medical care and this
has been applauded (admired) by the World Health Organisation. The WHO,
together with the International Pharmacy Federation (FIP) have published Good
Pharmacy Practice guidelines and have called for all countries to develop
minimum standards of pharmacy practice. This document is the first step to
Orientation to Pharmacy and Pharmacy Law (0200131) Page 33
34. stating publicly what the minimum requirements are for Good Pharmacy
Practice.
These guidelines and standards are used as the basis for inspection by Ministry
of Health inspectors.
1. Legal and Ethical framework
1.1. Pharmacy law and code of practice: pharmacists and assistant pharmacists
must comply with the UAE Pharmacy law (No.4 for 1983) and the
Ministry of Health (MOH) Code of Conduct for Pharmacists. Copies of
these should be available in the pharmacy.
1.2. Continuing professional development is essential and pharmacists and
assistants must keep their knowledge and skills up to date. A record of
professional development activities should be maintained.
2. Personnel
2.1. The list of staff on duty must agree with that registered at the MOH.
Students can only be trained after MOH approval.
2.2. Assistants and any unlicensed staff, including pharmacists or students,
must be under the supervision of a licensed pharmacist when dispensing
medicines.
2.3. All staff must wear clean, white coats
2.4. All staff must wear a name badge stating their name, position and license
number.
2.5. The staff must project a clean, tidy & professional appearance.
3. Environment and Equipment
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35. 3.1. The pharmacy must be structurally unchanged from when the license was
last issued or renewed. Any structural changes must be approved by the
ministry.
3.2. The pharmacy must be clean and tidy. Floors, walls and ceiling must be in
good repair. Shelves must be neat and logically arranged with no visible
dust.
3.3. Air conditioning must be working efficiently and a thermometer should be
used to record the temperature in the pharmacy. Records must be kept to
show that the temperature does not exceed 30°C at any point during the
day or night.
3.4. Lighting must be strong and well maintained throughout the pharmacy,
especially in any dedicated dispensing areas.
3.5. Electrical wires must not present a danger for staff or customers e.g. must
not trail across the floor.
3.6. Work surfaces should be impervious, clean and well maintained
3.7. Running water must be available for washing, cleaning and preparation of
medicines. Drainage must be adequate.
3.8. A medicines refrigerator must be available for storage of any medicines
that require refrigeration. The temperature must be monitored and
recorded to demonstrate that it remains between 2 and 8°C at all times.
3.9. All pharmacies should have a computer that can be used for record
keeping and correspondence. Electronic-point-of-sale (EPOS) systems,
computerised stock control and ordering systems are strongly
encouraged. Where possible these systems should support the
production of typed labels for dispensed medicines.
Orientation to Pharmacy and Pharmacy Law (0200131) Page 35
36. 3.10. Internet access and email access from the pharmacy is strongly
recommended.
3.11. All pharmacies must have a working telephone line. A fax machine is
recommended.
3.12. The pharmacy must enforce a strict “No smoking” policy within the
pharmacy.
3.13. The pharmacist is responsible for the security of the medicines.
Precautions must be in place to minimise the risk of a person stealing
medicines.
3.14. Fire prevention and fire fighting equipment must be working and in
accordance with the civil defence requirements.
3.15. Pest control must be in place to prevent and eliminate infestations and
should be in accordance with municipality requirements.
3.16. Pharmaceutical waste must be disposed of in accordance with UAE laws
and regulations. It must not be disposed of via the routine garbage
collection system. Disposal of pharmaceutical waste via the approved
companies must be recorded and these records must be available see
also 5.11 below.
4. Documents
4.1. Pharmacy license and the in-charge pharmacist's license must be available
and on display to the public.
4.2. All pharmacies must display their opening hours to the public and the
contact details for late-night pharmacies and local hospital emergency
departments.
4.3. Each pharmacy must keep a file of MOH circulars or have access to the
MOH drug control web-page.
Orientation to Pharmacy and Pharmacy Law (0200131) Page 36
37. 4.4. The register requirements for controlled drugs must be followed. These
are summarised below. More information and advice is available direct
from the inspection section. The pharmacist in charge shall record the
data and description of the controlled medicines dispensed daily as
follows:
4.4.1. Psychotropic drugs register (also known as the “Registered
Prescription”, R.P, “group 4” medicines or “CD-A”). The register is
obtained from the Ministry of Health after payment of the specified
fees, and it shall be labelled “CD-A” / "R.P" / Group 4.
4.4.2. Semi-Controlled drugs register, also known as “Controlled
Prescription”, C.P, or “group 5” medicines. For each item, the register
should record the date and quantity dispensed. It must be labelled
“CD-B” / "C.P” / Group 5.
4.5. Prescription file system
In addition to the controlled drugs registers, the following files shall be
kept and presented to the inspector on request:
4.5.1. General file, to be divided into two parts:
• First part, the reports and circulars issued by Ministry of Health
(unless there is access to these via the internet).
• Second part, Copies of staff licences, MOH approval of staff leave &
training positions, pharmacy operating procedures etc.
4.5.2. Price file: For filing the MOH price list and updates (electronic
version is acceptable).
Orientation to Pharmacy and Pharmacy Law (0200131) Page 37
38. 4.5.3. Controlled medicines prescriptions, to be divided as follows:
• First part: “CD-A” / “RP” / group 4 prescriptions, arranged by
prescribing doctor and date.
• Second part: “CD-B” / “CP” / group 5 prescriptions, arranged by
prescribing doctor and date.
4.6. Delivery notes for controlled medicines must be filed (according to agent)
and kept for at least 12 months after delivery. Controlled medicine
prescriptions must be kept for 5 years from the date of dispensing
(Minimum of 2 years in the pharmacy, remaining 3 years can be in
secure storage). Computerised records may be acceptable after careful
consideration by the Ministry of Health inspection section.
4.7. All pharmacists must have access to at least one international
pharmacopoeia such as Martindale: The complete drug reference. An
electronic subscription is acceptable. The latest editions should be
available and must not be more than one edition out of date.
5. Dispensary
5.1. Medicines and healthcare products must be approved for sale in the UAE
by the MOH.
5.2. Prescription medicines should not be included in pharmacy-window
displays or otherwise advertised to the public.
5.3. Prescription medicines must not be available for self-selection by the
customers.
5.4. All medicines must be clearly marked with the latest MOH approved
retail price.
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39. 5.5. Medicines must be sold as original packs. If part packs are required then
they must carry the medicine name, batch number and expiry date and
the patient must receive (free of charge) a copy of the original package
insert or patient leaflet from the pharmacy.
5.6. Controlled medicines must be stored in a lockable cupboard
5.7. Prescriptions for controlled items should only be dispensed if they are
valid according to UAE law number 4 (article11) and regulations.
5.8. Prescription medicines can only be sold in accordance with a prescription
written by a UAE licensed doctor within the last 6 months. The
prescription must state the doctor’s name and UAE license number and
have the clinic stamp. It must have the patient’s name, the medicine
name and dose instructions must be clear.
5.9. Essential medicines must be available including at least one generic
alternative if approved in the UAE.
5.10. Shelf-life of stock must be long enough to cover a reasonable period of
use. Stock rotation is essential and existing stock must be sold before
new stock.
5.11. Quarantine of rejected and expired stock is essential and should be
clearly labelled in a lockable cupboard. This material should be returned
to the distributor (see also 3.16 above).
Orientation to Pharmacy and Pharmacy Law (0200131) Page 39
40. Code of Professional Conduct
Introduction:
In 1998, the Ministry of Health started an ambitious review of health care
ethics. The steering committee for the project has decreed that every
professional should have a clear set of ethical values relating to their
professional competence, their respect for the patient and other professionals
and their professional and personal integrity. On a day-to-day basis, the
behaviour expected of a professional is described by a code of professional
conduct.
It is recognised internationally that the contribution of the pharmacist to the care
of the patient can be found at many different levels. Pharmaceutical care can be
Orientation to Pharmacy and Pharmacy Law (0200131) Page 40
41. described as a philosophy in which the pharmacist shares the responsibility for
the outcome of drug treatment and the patient is the main beneficiary of the
pharmacist’s action. Good Pharmacy Practice is the application of
Pharmaceutical Care within a safe and carefully managed professional
framework. Such a framework will include minimum service standards, written
operating procedures and a code of conduct.
This code describes a code of professional conduct for Pharmacists and their
staff. While pharmacists work in a wide range of roles, it is hoped that this code
is general enough to meet the needs of all pharmacists in the government sector.
It is in line with the Ministry of Health’s professional general code of conduct
for personnel and promotes and protects the interests of patients in accordance
with Muslim values and internationally recognised health care ethics. This code
is based upon three core values; Competence, Respect and Integrity. The
Pharmacy code of conduct has been written according the same structure.
Principle 1- Competence
A competent pharmacist will provide the best pharmaceutical care possible in a
scientific and compassionate way. It requires the pharmacist to have the
necessary skills for the job.
Among other things, a competent Pharmacist will;
1-1- Maintain his / her professional competence through lifelong learning.
1-2- Be able to communicate with the patient or their carer (this may be via an
interpreter, see also Respect 2-2).
1-3- Act as the patients advocate through their active participation in
multidisciplinary teams.
Orientation to Pharmacy and Pharmacy Law (0200131) Page 41
42. 1-4- Make it their duty to review, maintain and improve their knowledge and
abilities as new medications and other health technologies become available.
1-5- Ensure that they receive adequate in-service training for any service they
are asked to perform.
1-6- Have membership of an internationally recognized, pharmaceutical
organization.
1-7- Have knowledge of first-aid, especially if they work in hospitals and health
centres.
1-8- Take responsibility for the competency of the staff who they directly
supervise.
Principle 2- Respect
A pharmacist prime concern must be for the good of every patient and other
members of the community. Among other things, respect includes:
Respect for the patients culture, race, class, gender
2-1- A pharmacist respects the cultural needs and unique lifestyle of patients.
2-2- When the pharmacist does not have the necessary competence in the
language of the patient they must ensure that a competent interpreter is available
(see also competence 1-2).
2-3- A Pharmacist is always ready to advocate for the basic rights of a patient.
Respect for the patients right to receive safe medicine
2-4- The patient should never be exposed to an unreasonable or uninformed risk
of serious drug related injury
2-5- They should not supply a medicine if there is doubt as to the quality, safety
or effectiveness of a medicine for that patient.
Orientation to Pharmacy and Pharmacy Law (0200131) Page 42
43. 2-6- If there is any uncertainty about the interpretation of the prescription the
pharmacist should make every effort to contact the prescriber to clarify the
prescription and ensure that it is safe.
Respect for fellow professionals and the profession of Pharmacy
2-7- A pharmacist should do nothing to undermine the patient’s confidence in
the prescriber.
2-8- A pharmacist must at all times adhere to the laws and regulations
applicable to the ethical practice of pharmacy in the UAE.
2-9- A pharmacist takes responsibility for their own professional activities and
for all activities performed under their direct supervision
Respect for the environment
2-10- All reasonable care must be taken when disposing of unwanted medicines
and chemicals and other materials.
Principle 3- Integrity
The Pharmacist must be seen to be honest and fair in all their dealings. They
will never take advantage of their privileged position for personal gain.
Amongst other things, integrity includes;
Maintaining the confidentiality of the medical record
3-1- The pharmacist must uphold the confidentiality of any information
acquired in the course of professional practice relating to patients and their
families.
3-2- There are several rare, but important exceptions to this principle and
include; where the life of the patient may be at risk, where a court order
demands disclosure, where an officer with authority under law demands
Orientation to Pharmacy and Pharmacy Law (0200131) Page 43
44. disclosure, where the patient, or, a legal guardian of the patient demands
disclosure. In all such cases the disclosure should be kept to the minimum.
3-3- Pharmacists must take all reasonable steps to ensure that confidential
information in their direct control remains restricted. Confidential data extends
beyond the medical details and includes address, telephone, and any family or
financial data contained in the medical record and hospital registration details.
3-4- When patient data is used for teaching purposes all efforts must be made to
conceal the source of the data.
Carrying out all responsibilities and duties in a fair and honest manner
3-5- A pharmacist must act with honesty and integrity at all times and should
not do anything that brings the MOH or their professional organisation into
disrepute.
3-6- A pharmacist must live according to reasonably expected standards of
behaviour both within and outside of their professional practice.
3-7- A pharmacist must keep themselves up to date with any changes in the
laws and regulations that affect their area of practice. They must seek guidance
(from the MOH) on any area they are not clear about.
3-8- The pharmacist should encourage transparency in all financial and
contractual matters.
Not taking advantage of their privileged position
3-9- A pharmacist must never allow personal benefit to interfere with their
professional judgement.
3-10- They should not agree to promote or supply specific medicines or devices
in response to financial benefits, gifts or hospitality.
3-11- When a pharmacist is facing a clear, or potential conflict of interests, the
pharmacist should make this known and abstain from the making decisions on
the affected area of policy or practice.
They must work according to the official policy and procedures of the
MOH
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45. 3-12- The pharmacist should have clear, written minimum standards for the
level of service provided in their hospital, health centre or store etc.
3-13- The pharmacist must only dispense valid prescriptions that are written and
valid according to current regulations.
3-14- They are responsible for ensuring that the quality of medicine they supply
is adequate and that the quantity supplied is not excessive, especially for
medicines with potential for abuse or dependence or if this could lead to waste
e.g. due to a short-shelf-life.
3-15- The pharmacist must not change the quality or quantity of the prescription
without agreement from the doctor or other official directive.
3-16- They must not dispense free promotional samples or expired medicines,
including medicine that would expire within the intended period of use.
3-17- Failure to comply with the written standards due to limitations in working
conditions must be reported to the senior manager.
3-18- Pharmacists should respond to emergency requests and should cooperate
fully with arrangements that ensure 24-hour access to a pharmacist.
Professional independence
3-19- The pharmacist must avoid any situation which will present a conflict of
interest that compromises their professional judgement
3-20- A pharmacist must neither agree to practice under conditions that
compromise their professional independence, judgement or integrity, nor
impose such conditions on others.
3-21- A Pharmacist right to refuse unauthorised requests for medicines must be
recognised and supported by the hospital or health centre director.
3-22- The pharmacist must be able to contact the prescriber of any medicine to
ensure that the prescription is safe.
3-23- The pharmacist must encourage, and be able to expect, a good level of
professional cooperation from doctors and nurses
Orientation to Pharmacy and Pharmacy Law (0200131) Page 45
46. Pharmacist Job Degrees in Ministry of Health in United
Arab Emirates
Orientation to Pharmacy and Pharmacy Law (0200131) Page 46
48. Chapter 2:
Policies and Regulatory Affairs,
Health Authority of Abu Dhabi
(HAAD), UAE
Pharmacy Profession: Personal Qualification
Requirement
Orientation to Pharmacy and Pharmacy Law (0200131) Page 48
50. Generic Drugs Policy
Issue Date: May 2010
Revision Date: May 2012
1 Purpose
1.1 The Health Authority – Abu Dhabi (HAAD) supports the use, within the
healthcare system in the Emirate of Abu Dhabi, of medication that provides the
optimum therapeutic benefit to patients in the most cost-effective manner.
1.2 Generic drugs can be as effective as their brand-name alternatives, but at a
lesser cost. They therefore allow patients’ access to appropriate medications at
the best possible price.
Orientation to Pharmacy and Pharmacy Law (0200131) Page 50
51. 1.3 The purpose of this Policy is to ensure that generic drugs will be prescribed
and dispensed wherever it is appropriate to do so.
2 Scope
2.1 This Policy applies to –
Pharmacists
All other Healthcare Professionals who have the authority to prescribe drugs
(Physicians)
Healthcare Providers in whose facilities such Pharmacists or Physicians are
employed.
2.2 This Policy provides that –
Physicians must (subject to certain exceptions) prescribe Drugs by their
generic names.
Pharmacists must not engage in the therapeutic substitution (For example,
amoxicillin is dispensed instead of ampicillin or ibuprofen is dispensed instead
of naproxen) of drugs.
Physicians must use a standard prescription form to prescribe drugs and
Pharmacists must take certain steps before dispensing them.
3 The Duties on Physicians
Duty to use the standard form
3.1 Any Physician who prescribes medication for a patient must –
(a) Do so by completing the standard form of prescription at Appendix A, and
(b) Complete all sections of the standard form in a legible manner, and sign and
stamp the form before issuing it to the patient, except where the medication
being prescribed is a controlled drug, in which case the standard form need not
be used.
Duty to use Generic Names
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52. 3.2 Any Physician who prescribes medication for a patient must refer to the
medication in the prescription by its Generic Name unless one of the exceptions
set out below applies.
Exceptions to the Duty to use Generic Names:
3.3 A Physician who prescribes medication for a patient may choose not to
prescribe the medication by reference to its Generic Name where that
medication is -
(a) A drug registered with the Federal Ministry of Health as an ‘over-the-
counter’ drug or ‘general sale product’,
(b) A dietary supplement or food supplement,
(c) A herbal or homeopathic remedy (a form of alternative therapy),
(d) A vaccine or insulin preparation, or
(e) A drug listed at the relevant time in Part I and part II of Annex B.
3.4 A Physician who prescribes medication for a patient may also choose not to
prescribe the medication by reference to its Generic Name where to do so would
place that patient’s health at risk because the patient -
(a) Has a documented history of an allergic or other adverse reaction to a
particular Generic Drug, or
(b) Has previously suffered unsuccessful therapeutic control with a Generic
Drug.
3.5 Where a Physician prescribes a Brand-name Drug on one of the grounds
permitted by paragraph 3.4, he or she
(a) Must also place the phrase ‘Do Not Substitute’ or the initials ‘DNS’ next to
the name of the item being prescribed,
(b) Must document the reasons for prescribing a Brand-name Drug in the patient
record, and
(c) Must be able to give the reasons for prescribing a Brand-name Drug if
requested to do so by HAAD.
Orientation to Pharmacy and Pharmacy Law (0200131) Page 52
53. 4 The Duties on Pharmacists
Prohibition of therapeutic substitution
4.1 A Pharmacist must not dispense a Therapeutic Substitute for a prescribed
medication unless He or she has first obtained the consent of the prescribing
Physician.
Restriction on substitution of Brand-name Drugs
4.2 A Pharmacist must not dispense a Generic Drug in place of a prescribed
Brand-name Drug where the prescribing Physician has placed the phrase ‘Do
Not Substitute’ or the initials ‘DNS’ next to the name of the item being
prescribed.
Duties when dispensing
4.3 A Pharmacist must review a patient’s medication on each occasion before
dispensing drugs to that patient.
4.4 A Pharmacist must, in dispensing to patients on long term therapy -
(a) Be consistent over time in the selection of Generic Drugs that are dispensed,
and
(b) Where it is necessary to dispense a Generic Drug under a different brand
name to that of the same Generic Drug which was previously dispensed to the
patient, explain to the patient that the medication remains the same in substance.
4.5 Subject to the prohibitions and restriction as per sections 4.1 and 4.2, a
Pharmacist may offer the patient different drug product alternatives of the same
chemical entity with the same dose and dosage form as prescribed by the
Physician and allow the patient the opportunity to choose which product he/she
would prefer.
4 The Duty on Healthcare Providers
5.1 Each Healthcare Provider must
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54. (a) Ensure that Healthcare Professionals employed by it at the healthcare
facilities that it operates comply with any duties placed on them under this
Policy.
(b) Have sufficient stocks of drug products to facilitate patient access to quality
and cost effective drugs and achieve compliance with the provisions of this
Policy.
(c) Maintain, and make available for HAAD audit, a list of all drug products,
brand name and their generic names along with their prices available at the
pharmacy.
(d) Maintain, and make available for HAAD audit, a list of all drug products
dispensed at the pharmacy.
(e) Comply and cooperate with the HAAD authorized auditors, as required for
inspections and audits by HAAD.
6 Enforcement and Sanctions
6.1 Where a Healthcare Professional or Healthcare Provider is in breach of a
duty under this Policy, HAAD may take any or all of the following actions –
(a) Suspend the licence of the Healthcare Professional or Healthcare Provider
for a period of time that HAAD determines to be appropriate in the
circumstances of the case,
(c) Revoke the licence of the Healthcare Professional or Healthcare Provider.
HAAD may impose sanctions in relation to any breach of this Policy in
accordance with [the HAAD Policy on Enforcement and Sanctions]. Decisions
on suspending and/or revoking of licences will be determined by considering
the circumstances of the case and consistent with the terms and procedures of
Orientation to Pharmacy and Pharmacy Law (0200131) Page 54
55. the HAAD Licensing Committee and in accordance with the measures under the
law.
7 Definitions
7.1 In this Policy, the following words and phrases shall be taken to have the
meanings given below.
Brand-name Drug A pharmaceutical product that is
manufactured and sold by its originator
or by a company acting on behalf of the
originator.
Generic Drug A pharmaceutical product that is no
longer protected by a patent or exclusive
licence held by its originator, and which
is manufactured and sold (whether under
its Generic Name or a brand name) by a
company which is neither the originator
nor a company acting on behalf of the
originator.
Generic Name The name of the active pharmaceutical
ingredient within a form of medication.
Healthcare Professional An individual working in the healthcare
sector in the Emirate of Abu Dhabi who
is required to hold a licence from HAAD.
Generic substitution Pharmacist initiated act by which a
different brand or unbranded drug
product is dispensed by the Pharmacists
without substituting the chemical entity
and in the same dose and dosage form as
prescribed by the Physician.
Orientation to Pharmacy and Pharmacy Law (0200131) Page 55
56. Healthcare Provider An entity operating a healthcare facility
in the Emirate of Abu Dhabi which is
required to hold a licence from HAAD.
Pharmacist A Healthcare Professional who is
authorised by HAAD to practice as a
pharmacist in the Emirate of Abu Dhabi.
Physician A Healthcare Professional who is
authorised by HAAD to prescribe drugs
in the Emirate of Abu Dhabi.
Therapeutic Substitution A drug which, in its relationship to a
prescribed drug, is –
(i) Within the same therapeutic category
but chemically different (e.g. which has
the same relationship to the prescribed
drug as ranitidine has to cimetidine, or
chloramphenicol has to erythromycin), or
(ii) A different moiety of the same parent
compound (e.g. which has the same
relationship to the prescribed drug as
ofloxacin has to ciprofloxacin: second
generation quinolone antibiotics).
8 Guidance
8.1 Further information for guidance on the operation of this Policy is set out at
Appendix C.
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58. Appendix B
Medication which may be Prescribed by Reference to Brand-
Name Drugs
The lists in this Appendix are subject to periodic review and alteration at the
discretion of HAAD.
The pharmaceutical products listed below are not required to be prescribed by
reference to their Generic Names. They have been included on the list based on
the specific characteristics of the drug and/or disease to be treated.
Part I
Drugs with a Narrow Therapeutic Range
These Drugs contain certain substances which are subject to therapeutic drug
concentration or pharmacodynamic monitoring.
(1) Carbamazipine (anticonvulsant and mood stabilizing drug)
(2) Cyclosporin (immunosuppressant drug)
(3) Digoxin (congestive heart failure)
(4) Ethosuximide (anticonvulsant)
(5) Lithium (bipolar disorder)
(6) Methotrexate (treatment of cancer)
(7) Phenytoin (antiepileptic)
(8) Valproic acid (anticonvulsant and mood-stabilizing drug)
(9) Warfarin (anticoagulant)
(10) Theophylline (COPD and asthma)
Part II
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59. Other Drugs- Other than drugs of a narrow therapeutic range.
[None currently listed]
Appendix C
Guidance
General Guidance
(1) HAAD Pharma /Medicines and Medical Products Department will oversee
the implementation of the Generic Drug Policy in the Emirate of Abu Dhabi. It
will work collaboratively with all concerned stakeholders including the Health
Compliance Division and Health Insurance companies to establish good generic
drug prescribing and dispensing practices in the Emirate.
(2) HAAD encourages generic substitution by Pharmacists. In doing so,
Pharmacists should prioritize and choose the most cost-effective generic drugs
for the patients.
(3) Physicians and Pharmacists will be trained and encouraged to the proper
way of utilisation and the economic benefits of generic drugs. HAAD, in
conjunction with the Federal Ministry of Health, will where appropriate inform
Healthcare Professionals about the bioequivalence of generic drugs, including
the decisional criteria used to determine the bioequivalence of individual
products.
(3) Physicians should use the standard prescription format (Refer appendix II)
for prescribing drugs to their patients. They should legibly fill in all the fields
and have the prescription duly signed and stamped before issuing it to the
patient.
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60. (4) Physicians have to prescribe using the generic name of the drugs, unless
specified otherwise, as in the Policy. The generic prescribing should be, for
example as:
(5) ‘Refill’ denotes the process to facilitate the patients receiving their
maintenance medications from the Pharmacist, without referring to the
Physician, within the limits of the law. In the above prescription, as the
Physician denoted 1 under refill, the patient can approach the Pharmacy again
(after consumption of his first month medication) and get his prescription filled
(refilled) for another month, without referring back to his Physician.
Pharmacists shall then document the number of refills with the date on the back
of prescription.
(6) Physicians may prescribe brand-name medications (other than those listed at
paragraph 3.3 of the Policy) by designating the phrase “DNS” only for those
circumstances mentioned in paragraph 3.4.
(7) Healthcare Professionals must report all Adverse Reactions and Medication
Errors to the HAAD Pharmacovigilance Center through the Adverse Reaction
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61. and Medication Error Reporting Forms (please see contact details below). They
should be particularly vigilant in identifying and reporting adverse events that
may be related to generic substitution.
(8) The dispensing Pharmacist should counsel the patient, and explain to
him/her about differing brand names, so that the patient appreciates the
continuity of his/her medicines. The three parties involved in the medicine
supply process (Physician, Pharmacist and patient) may all use different names
for a medicine, which may be confusing and potentially risky. When a
prescription for a generic drug is refilled (e.g. for a patient with a chronic
disease), changing the manufacturer should be discouraged, whenever possible,
to avoid confusion for the patient.
(9) Physicians may submit a request to HAAD, if they consider that a particular
drug/drug molecule (other than those listed at paragraph 3.3 of the Policy),
needs to be permanently exempted from generic prescribing. All requests in this
regard should be made only through the ‘Exemption Request Form’ (see
below). Applicable sections of the form should be filled in as completely as
possible and submitted directly to HAAD Pharma/Medicines and Medical
Products Department or through email or fax (see contact details below).
(10) A committee comprised of experts from ‘Pharma/Medicines and Medical
Products Department’ and ‘Pharmacy and Therapeutic Committee’ at HAAD
will scientifically review a Physician’s request for exemption. If required, the
Physician may be called upon before the committee to provide his medical
judgments with cost consideration to substantiate his request.
(11) The decision of the expert committee shall be final and binding and will be
communicated to the concerned Physician through email and/or fax. If the
committee recommends the drug for exemption from Generic Prescribing, it
will be added to the list at Appendix B of the Policy.
(12) For more information on the Generic Drug Policy, copies of the Adverse
Reaction reporting form, or to submit an Exemption Request Form, Healthcare
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62. Professionals are requested to contact the following through any of their
preferred means:
Health Authority - Abu Dhabi
Pharma /Medicines and Medical Products Department
Pharmacovigilance Center.
Phone: 02 4193 586, 348, 580.
Fax: 02 449 6679
Email: pv@haad.ae
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63. Policy on the Expiry Date of Medicines, Medical
Consumables and Chemicals in Public Pharmacy
Issue Date: October 2007
Revision Date: October 2009
1. Purpose
The aim of this policy is to standardize the process of identifying, tracking and
checking expiry dates of medicines, medical consumables and chemicals in
public pharmacies and pharmacy stores.
2. Policy Statement
Health Authority Abu Dhabi (HAAD) states that, all public Health Care
Facilities (HCF’s) shall follow the standard guidelines on identification and
checking of expiry dates of medicines, medical consumables and chemicals in
their pharmacies and pharmacy stores:
2.1. The expiry date of the product may be written as:
dd/mm/yy or mm/yy.
If the expiry date is written as:
dd/mm/yy: then the product is considered expired on that specified date.
But if the expiry date is written as:
mm/yy: the product shall expire on the last day of the specified month
2.2. All products shall be stored as specified by the manufacturer to maintain
stability of the products which may be affected by environmental conditions
(Good Storage Practices to be followed, Reference: WHO Guidelines).
2.3. For open medicine containers, the expiry dates are identified in the attached
table “expiry of open medicine containers in patient care area” (Appendix I) or
as per the manufacturer date, whichever is less.
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64. 2.4. Any medicine with unknown expiry date shall be treated as expired
medicine and disposed.
2.5. This policy is applicable for all public pharmacy and pharmacy stores in the
Emirate of Abu Dhabi and is effective immediately.
3. Scope
To implement best practices, to improve efficiency, proper utilization and
patient safety in regards to medicines, medical consumables and chemicals in
public pharmacies and pharmacy stores.
4. Target Audience
Health care professionals, pharmacists, and staff working in: purchasing,
material management, stores and warehouses.
5. Responsibility
- It is the responsibility of the health care staff in the public HCF’s pharmacies,
stores, warehouses, purchasing and material management to comply with the
policy and implement the standard practice.
- It is the responsibility of Drugs and Medical Products Department in HAAD to
audit and confirm the compliance of HCF’s with the policy.
6. Procedure
6.1 On receiving any new batch of medicines, medical consumable or chemical,
the staff involved shall check the expiry date on the outer package of the
product.
6.2 All staff dealing with medicines or medical products shall check the expiry
date of the product prior to dispensing or using it.
6.3 The expiry date on the product must be visible and clear, if not, the staff
shall refuse to accept or keep the product.
6.4 The products in all areas of health care facilities should be stored under the
conditions specified by the manufacturer and according to guidelines of Good
Storage Practice (Reference: WHO Guidelines).
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65. 6.5 The staff shall check the expiry date of the products on regular basis
according to their approved facility procedure; the products with near expiry
date shall be flagged and kept in front of the shelf.
6.6 In outpatient clinics, pharmacists are encouraged to dispense medicines with
at least two months validity until the expiry date (example: if the medicine
expires at 10/07,the pharmacist shall dispense the medicine to the outpatients till
the end of 08/07, after this date, the medicine should not be dispensed to
outpatients). If there is no alternative, the pharmacists must clearly label the
medicine and inform the patient of the expiry date.
6.7 For open containers of medicines in patient care areas, staff shall follow the
attached table for the expiry date (Appendix I), or the manufacturer expiry date,
whichever is less. The expiry date must be written on the label of the container.
6.8 For powders for reconstitution, manufacturer instructions shall be followed
for expiry after reconstitution.
6.9 If a medicine is dispensed from bulk pack, the expiry date of the medicine
must be written on the label in addition to name of the medicine and lot number.
6.10 For formulated medicines prepared in the pharmacy, the expiry date shall
be determined as recommended by the reference used for this formulation.
6.11 All expired medicines, chemicals and medical products shall be collected,
labelled clearly as expired items and kept in a separate place for proper disposal.
7. Definitions and Abbreviations
Expiry date It is the date before which the quality of a
medicine or medical products remains
acceptable for its intended use. It is
predicted from stability tests under
general / normal storage conditions or by
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66. accelerated stability testing under
extreme conditions.
Medicine is a drug taken to cure and/or ameliorate
any symptoms of an illness or medical
condition, or may be used as preventive
medicine that has future benefits but does
not treat any existing or pre-existing
diseases or symptoms.
Medical consumable Any product which intended to be used
for a medical purpose other than
medicine, ex. Diagnostic kits, biological
products, syringes, etc…
Chemical Includes raw materials, active
pharmaceutical ingredients and excipients
used in compounding.
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67. 9. Appendix I
Table of “Expiry Date of Open Medicine Containers in Patient Care Areas”
• If any signs of deterioration or physical changes seen on the product, discard it
immediately.
• If the manufacturer expiry date is less than the assigned date, use the
manufacturer’s expiry date.
• Assure the integrity of injection port each time vial is entered.
• Good Storage Conditions guidelines should be followed.
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