Medicines and Cosmetics Regulation 2002
Unvalidated References:
This reprint of this Statutory Instrument incorporates all amendments, if any, made before 25 November 2006 and in force at 16 May 2002.
......... Legislative Counsel Dated 25 November 2006
INDEPENDENT STATE OF PAPUA NEW GUINEA.
No. 2 of 2002.
Medicines and Cosmetics Regulation 2002
ARRANGEMENT OF SECTIONS. - Interpretation.
- General Licences.
- Application for Registration of a Medicinal Product.
- Grant of a Medicinal Product Licence.
- Application for Licence to Manufacture Medicinal Product.
- Inspection before Grant or Renewal of Licence.
- Conditions of Licence.
- Grant of Licence to Manufacture Medicinal Product.
- Application for Licence to sell Medicinal Product by Wholesale.
- Grant of Licence to sell Medicinal Products by Wholesale.
- Application for Licence to import Medicinal Product.
- Prohibition of import of certain Medicinal Product or Cosmetic.
- Conditions for Licence Holders.
- Grant of an Import Licence.
- Application for Licence to Export Medicinal Product.
- Grant of an Export Licence.
- Application for issue of a Clinical Trial Certificate.
- Conditions to be satisfied for the issuance of a Clinical Trial Certificate.
- Issuance of Clinical Trial Certificate.
- Standard Provisions for a Medicinal Product Licence.
- Standard Provisions for a Manufacturer’s Licence.
- Standard Provisions for the Wholesale Dealers Licence.
- Standard Provisions for an Import Licence.
- Standard Provisions for an Export Licence.
- Standards for Medicinal Products, Cosmetics and Medicinal Devices.
- Registration of a Pharmacy.
- Grant of Licence to operate a Pharmacy.
- General Duties of Pharmacist.
- Notice of Absence.
- Inspection.
- Conditions of Dispensing.
- Dispensing Procedure.
- Particulars of Prescriptions to be recorded in the Prescription Book.
- Emergency Supply of Medicinal Products.
- Prescription by Telephone.
- Supplying on Medicinal Product by Pharmacist without Prescription.
- Keeping of Records.
- Returning of Prescriptions.
- Storage of Medicinal Products.
- Substitution of Medicinal Products.
- Prohibition of Sale or Distribution of Medicinal Products Unless Properly Labelled.
- Labelling of Medicinal Products.
- Manner of Labelling of Medicinal Product.
- Labelling of Cosmetics.
- Labelling of Medical Devices.
- Packing of Medicinal Product.
- Advertisements for Medicinal Products.
- Advertisements for Cosmetics.
- Advertisement for Medical Devices.
- Classification of Medicinal Products.
- Qualifications of Inspectors.
- Duties and Powers of Inspectors.
- Prohibition of Disclosure of Information.
- Taking of Samples for Testing.
- Qualifications of Analyst.
- Duties of Analyst.
- Certificate of Government Analyst.
- Appointing a Laboratory for Testing.
- The Requirements with respect to leaflets relating to Medicinal Products.
Medicines and Cosmetics Regulation 2002
MADE by the Head of State, acting with, and in accordance with, the advice of the National Executive Council under the Medicines and Cosmetics Act 1999 .
PART 1. – PRELIMINARY.
1. INTERPRETATION. In these Regulations, unless the contrary intention appears –
“the act” means Medicines and Cosmetics Act 1999;
“active ingredient” means the therapeutically active component in a medicinal products final formulation that is responsible for its physiological or pharmacological action; “antiseptic” means a substance that is intended for application on the body or the mucous membranes of a person or an animal to kill or prevent the growth of a broad range of micro-organisms, and that is not represented to be suitable for internal use; “batch” A defined quantity of a starting material, packaging material, or product processed in a single process or a series of processes so that it can be expected to be homogeneous; “clinical trial” means any systematic study on medicinal products in human subjects, whether in patients or other volunteers, in order to discover or verify the effects of, or identify any adverse reaction to, investigational products, or to study the absorption, distribution, metabolism and excretion of the products with the object of ascertaining their efficacy and safety; “dosage form” means the form of the completed pharmaceutical product, such as tablet, capsule, elixir, injection, suppository and so on; “disinfectant” means a substance that is intended for application to inanimate objects to kill a broad range of micro-organisms, and that is not represented to be suitable for the internal use in, or dermal use on, a person or an animal; “poison” means a substance or preparation that is included in a schedule to the poisons standard; “shelf-life” means the period of time during which a drug product, if stored correctly, is expected to comply with the specification as determined b stability studies on a number of batches of the product;
“Good Manufacturing Practices (GMP)” means the part of the Quality Assurance which, ensures that medicinal products are consistently produced and controlled to the quality standards appropriate to their intended use and the GMP’s referred to are those of the World Health Organization (WHO Expert Committee on Specifications for Pharmaceutical Preparations, Thirty-second report, Geneva, World Health Organization, 1992:14-79-(WHO Technical Report Series, No. 823) with supplementary guidelines (WHO Technical Report Series, No. 863 of 1996)); “drug regulatory authority” means the national agency responsible for the registration of, the other regulatory activities concerning, pharmaceutical products; “starting material” means any substance of defined quality used in the production of a pharmaceutical product, but excluding packing materials; “applicant” means the party applying for product certificate. The applicant is normally the product licence holder. Because certain data are confidential for commercial reasons, the competent authority in the exporting country must always obtain permission to release these data from the product-licence holder or, in the absence of a product licence, from the manufacturer; “licence holder” means an individual or corporate entity processing a marketing authorisation for a pharmaceutical product; “licensee” means an individual or corporate entity responsible for the information and publicity on, and their pharmacovigilance and surveillance of batches of, a pharmaceutical product and, if applicable, for their withdrawal, whether or not that
individual or corporate entity is holder of the marketing authorisation; “prescription” means an order for a medicine or medicines usually written as a formula
by a physician, dentist or veterinary surgeon that contains the names and the quantities of the desired substances, with instructions to the pharmacist for the preparation of the medicines and to the patient for the use of the medicines at a particular time; “production” means all the operations involved in the preparation of pharmaceutical product, from receipt of materials, through processing and packing, to completion of the finished product; “registration” means any statutory systems of approval required at national level as a precondition for introducing a pharmaceutical product on to the market; “dangerous drugs” means narcotic and psychotropic substances or dosage forms containing these; “pharmacy” means establishments that are registered as a pharmacy under the Medicines and Cosmetics Act 1999 ; “prescription only medicine” means a list of medicinal products that can only be dispensed or supplied by a pharmacist on a prescription issued by a medical practitioner, a dentist or a veterinary surgeon, but under the supervision of a pharmacist; “pharmacy only medicine” means a list of medicinal products that can be sold or supplied with out prescription issued by a medical practitioner, a dentist or a veterinary surgeon, but under the supervision of a pharmacist; “over the counter products” means a list of medicinal products that can generally be sold over the counter with the supervision of a pharmacist; “legal entity” means an individual or corporate entity authorised by the product license holder to import medicinal products.
PART 2. – REGISTRATION OF MEDICINAL PRODUCTS AND DEALERS OF MEDICINAL PRODUCTS.
2. GENERAL LICENCES.
- (1)
- An application for the grant or renewal of a licence under the Act shall be in the specify Form Number prescribed in Schedule 2 to this Regulations and shall be accompanied by the appropriate fee.
- (2)
- A product licence issued under this regulation is valid for a period of 5 years unless sooner cancelled, continue in force for a period of 1 year.
- (3)
- All licences other than a produce license, issued under Subregulation (1) shall, unless soon cancelled, continue in force for a period of 1 year.
- (4)
- An application for renewal of a licence shall be made either 3 months before its expiry, or within 3 months of its expiry.
- (5)
- After payment of renewal fees, the licence shall continue to be in force until orders are passed on the application.
- (6)
- The licence shall be deemed to have expired if the application for its renewal is not made within 3 months of its expiry.
- (7)
- Failure to pay the renewal fees within 3 months of the expiry of the licence shall be considered as a fresh application by the licensing authority.
- (8)
- The licensing authority shall cancel or suspend any licence issued under Division 2 of the Act, for any period, if the licensee –
- (a)
- fails to comply with the conditions of the licence; or
- (b)
- is found guilty of an offence under the Act; or
- (c)
- makes a request for his licence to be cancelled or suspended; or
- (d)
- ceases to operate or conduct the business for which the licence was issued; or
- (e)
- for any other reasons the licensing authority thinks reasonable to do so on the advice of the Pharmacy Board.
- (9)
- Where a licensee ceases to operate as per the licence, the licensee shall within 14 days after ceasing surrender the original licence to the licensing authority which granted it.
3. APPLICATION FOR REGISTRATION OF A MEDICINAL PRODUCT.
An application for registration of a medicinal product shall be made in Form 6 as prescribed Schedule 2 of to these regulations.
4. GRANT OF A MEDICINAL PRODUCT LICENCE.
- (1)
- A medicinal product license shall be issued in Form 7 as prescribed in Schedule 2 to these regulations.
- (2)
- A medicinal produce licence issued shall be valid for a period of 5 years.
- APPLICATION FOR LICENCE TO MANUFACTURE MEDICINAL PRODUCT.
- An application for licence to manufacture a medicinal product shall be made in Form 1(b) as prescribed in Schedule 2 to these regulations.
- INSPECTION BEFORE GRANT OR RENEWAL OF LICENCE.
- (1)
- Before a licence under this part is granted the licensing authority shall, under the Act, appoint one or more inspectors to inspect the establishment.
- (2)
- The inspector shall examine the premises, plant and appliances and also inspect the
process of manufacture intended to be employed along with the testing procedures, enquire into the professional qualifications of the technical staff, verify statements made in the application in regard to their correctness and capability of the applicant to comply with the requirements of Good Manufacturing Practices, the requirements of plant and equipment and the requirements of maintenance of records.
7. CONDITIONS OF LICENCE. A licence issued under this section is subject to the following conditions: – - (a)
- a copy of the manufacturing licence issued shall be displayed publicly at the premises specified in the licence; and
- (b)
- the licensee must keep records showing –
- (i)
- the materials used in the manufacture of medicinal product and the supplier; and
- (ii)
- quantities of the materials used and details of the tests performed on those materials; and
(iii) the procedures and the controls employed in the manufacture of the medicinal products, including the results of the tests performed during the processing of the medicinal products; and - (iv)
- details of tests performed on the final medicinal product and the results of those tests; and
- (v)
- the stability studies, if, any, that validate the recommended shelf life and appropriate storage conditions of the medicinal products; and
- (c)
- the licensee shall assign a batch number to each batch of the medicinal product when
the medicinal products are manufactured in identifiable batches; and
- (d)
- the licensee shall maintain reference samples from each batch of the medicinal
product for a period as may be specified by the licensing authority; and
- (e)
- the licensee shall keep records of details of manufacture of each batch of medicinal products manufactured by him and such records shall be retained for a period may be specified by the licensing authority; and
- (f)
- the licensee shall allow an inspector authorised by the Act to enter the premises with or without prior notice and inspect the process of manufacture or testing or to inspect all the records and registers and to take samples of the medicinal product in accordance with the provisions of the Act; and
- (g)
- the licensee shall ensure that the persons nominated by the licence holder as having control of production and quality control are to be employed in the manufacture of medicinal product and maintain that control; and
- (h)
- the licensee shall comply with such further requirements, as may be specified by the licensing authority from time to time.
8. GRANT OF LICENCE TO MANUFACTURE MEDICINAL PRODUCT. A licence to manufacture medicinal product shall be issued in Form 8 as prescribed in
Schedule 2 to these regulations, upon satisfaction of the requirements specified in Section 21 and as confirmed on inspection by the Licensing Authority.
9. APPLICATION FOR LICENCE TO SELL MEDICINAL PRODUCT BY WHOLESALE. - (1)
- An application for licence to sell a medicinal product by wholesale shall be made in Form 1(b) as prescribed in Schedule 2 to these regulations.
- (2)
- A separate application shall be made for sale of a medicinal product at more than one place.
10. GRANT OF LICENCE TO SELL MEDICINAL PRODUCTS BY WHOLESALE. - (1)
- A licence to sell medicinal products by wholesale shall be issued in Form 3 as prescribed in Schedule 2 to these regulations, upon satisfaction of the requirements specified in Section 22 and as confirmed on inspection by the Licensing Authority.
- (2)
- The licence shall be valid only for medicinal products specified therein.
11. APPLICATION FOR LICENCE TO IMPORT MEDICINAL PRODUCT. - (1)
- An application for licence to import medicinal product shall be made in Form 1(b) as prescribed in Schedule 2 to these regulations.
- (2)
- Before granting an import licence the licensing authority shall take into considerations –
- (a)
- whether the medicinal product for which an import application is being made is registered with the licensing authority; and
- (b)
- the premises, in which the imported medicinal product will be stocked; and
- (c)
- the occupation, trade or business ordinarily carried out by the applicant; and
- (d)
- valid business registration issue by the Investment Promotion Authority.
12. PROHIBITION OF IMPORT OF CERTAIN MEDICINAL PRODUCT OR COSMETIC.
From such date as may be fixed by the Minister by notification in the National Gazette
relating to any prohibition of import, no person shall import – - (a)
- any medicinal product or cosmetic which is not of standard qualify; or
- (b)
- any misbranded medicinal product or misbranded cosmetic; or
- (c)
- any medicinal product without a medicinal product license.
13. CONDITIONS FOR LICENCE HOLDERS. An import licence shall be subject to the following conditions: – - (a)
- the manufacturer shall at all times observe the undertaking given by him; and
- (b)
- the licensee shall allow any inspector authorised by the licensing authority in that behalf to enter with or without notice any premises where the imported medicinal product is stocked, to inspect the means if any, employed for testing the medicinal product and to take samples; and
- (c)
- if any samples are found by the licensing authority not to conform to the standards of strength, quality and purity, the licensee shall immediately withdraw the remainder of the batch from sale and recall the issues already made from that batch; and
- (d)
- the licensee shall record all sales by him of medicinal products, the import of which a licence is required, showing all the particulars of sales; and
- (e)
- the licensee shall comply with such further requirements, if any, applicable to the holders of import licences, as may be specified by the licensing authority from time to time.
14. GRANT OF AN IMPORT LICENCE. - (1)
- A licence to import a medicinal product shall be issued in Form 4 as prescribed in
Schedule 2 to these regulations, upon satisfaction of the requirements specified in Section 23 and as confirmed on inspection by the Licensing Authority.
- (2)
- A licence issued under Subsection (1) shall be valid only for medicinal products specified therein.
- APPLICATION FOR LICENCE TO EXPORT MEDICINAL PRODUCT.
- An application for licence to export a medicinal product shall be made in Form 1(b) as prescribed in Schedule 2 to these regulations.
- GRANT OF AN EXPORT LICENCE.
- (1)
- A licence to export a medicinal product shall be issued in Form 5 as prescribed in Schedule 2 to these regulations, upon satisfaction of the requirements specified in Section 24 and as confirmed on inspection by the Licensing Authority.
- (2)
- A licence issued under Subsection 1 shall be valid only for medicinal products specified therein.
17. APPLICATION FOR ISSUE OF A CLINICAL TRIAL CERTIFICATE.
An application for issue of a clinical trial certificate shall be made in Form 9 as prescribed in Schedule 2 to these regulations.
18. CONDITIONS TO BE SATISFIED FOR THE ISSUANCE OF A CLINICAL TRIAL CERTIFICATE. - (1)
- Approval of applications for clinical trials shall be based on the requirements of the
Guidelines for good clinical practice (GCP) for trials on pharmaceutical products (World Health Organization, 1995, Technical Report Series No. 850);
- (2)
- An application for issue of a clinical trials certificate shall include: –
- (a)
- the name, dose and administration of the medicine, its nature and its chemical formula; and
- (b)
- the purpose of the trial; and
- (c)
- the names and qualifications of the investigators who will conduct the trial; and
- (d)
- a written consent to nomination from each of the investigators; and
- (e)
- a copy of the information supplied to the investigators, particularly in relation to the safe use of the medicinal product; and
- (f)
- a protocol of the trial setting out –
- (i)
- the number of patients to be involved; and
- (ii)
- the form that the trial is to take, and the nature of the records to be kept; and
(iii) the person or classes of persons (if any) who are to be specially excluded from the trial; and - (iv)
- any special measures proposed to be taken to ensure the safety of the patients; and
- (g)
- ethical clearance of the trial protocol by an independent Ethics Committee for Biomedical Research Involving Human Subjects or other equivalent committee; and
- (h)
- information about the medication(s) and the trial which will be provided to the patient(s) or volunteer(s); and
- (i)
- information on how patient’s or volunteers consent will be obtained; and
- (j)
- the names and addresses of the institutions or laboratories where the medicinal product
will be used by approved persons, and a description of the facilities that will be available
to those persons. - (3)
- The licensing authority shall determine every application for its approval under this section within 60 days after receipt of the application and shall notify the applicant of its decision and where it declines the application the reasons for its decision.
- (4)
- At any time after a clinical trial has been approved by the licensing authority, the applicant may apply to the licensing authority for the approval of an investigator, not withstanding that the name of that person did not appear in the application for approval of the clinical trial.
- (5)
- The licensing authority may at any time, by notice in writing given to an applicant, require the applicant to supply such further information and particulars as it thinks appropriate relating to a clinical trial or to identity and qualifications of an investigator.
- (6)
- The distribution of any medicinal product under this section shall be subject to the following conditions:-
- (a)
- the licensing authority shall be informed, before the medicinal product is so distributed, of the identifying name or mark by which it may be recognised; and
- (b)
- every label on every package or container of the medicinal product shall bear the words “to be used by qualified investigators only”; and
- (c)
- the importer or manufacturer shall before so distributing the medicinal product, take all the reasonable steps to ensure that every person to whom it is supplied is approved under this section as a registered pharmacist to carry out and has available the necessary facilities for the trial to be conducted by him, and the medicinal product shall be used
solely by that person or under his direction for the purposes of the trial; and
- (d)
- the importer or manufacturer shall –
- (i)
- keep complete and accurate records of all quantities of the medicinal product supplied under this section; and
- (ii)
- keep the licensing authority informed of the progress of the trial by 6 monthly reports; and
(iii) supply to the licensing authority a copy of the results of the trial on its completion.
(7) The licensing authority may at any time, by notice in writing to the applicant, revoke or suspend his approval of a clinical trial.
19. ISSUANCE OF CLINICAL TRIAL CERTIFICATE.
A clinical trial certificate shall be issued in Form 10 as prescribed in Schedule 2 to these regulations.
PART 3. – STANDARDS.
20. STANDARD PROVISIONS FOR A MEDICINAL PRODUCT LICENCE. - (1)
- A licence holder shall report to the licensing authority any changes in his name or address or that of the company to which the licence relates.
- (2)
- A licence holder shall inform the licensing authority of any material change that has been made or that he proposes to make in the particulars contained in his application relating to the –
- (a)
- specification of the medicinal product; and
- (b)
- composition of the medicinal product; and
- (c)
- method of manufacture for the medicinal product; and
- (d)
- storage conditions for the medicinal product; and
- (e)
- indications for the medicinal product.
- (3)
- A licence holder shall report to the licensing authority –
- (a)
- changes on the validity of data which may affect the safety, quality and efficacy of the medicinal product to which the licence relates; and
- (b)
- any serious adverse drug reactions; and
- (c)
- any batch which does not conform to the specification of the medicinal product.
- (4)
- A licence holder shall recall any defective or unsafe medicinal product to which the licence relates, from the market, and stop its sale and distribution.
- (5)
- A licence holder shall state the medicinal product licence number designated by the licensing authority on the label and package of the medicinal product.
- (6)
- A licence holder shall return the original copy of the licence to the licensing authority within 7 days after the licence has been suspended or revoked.
- (7)
- A licence holder shall undertake to arrange for such tests as may be directed by the licensing authority and shall submit samples for testing if so requested by the licensing authority.
- (8)
- A licence holder shall keep and maintain records as prescribed by the licensing authority.
21. STANDARD PROVISIONS FOR A MANUFACTURER’S LICENCE. - (1)
- Before a licence in Form 8 of Schedule 2 of these regulations is granted, an applicant
shall comply with conditions –
- (a)
- the manufacture shall be conducted under the active direction and personal supervision of competent technical staff whose education should include the study of an appropriate combination of pharmaceutical sciences and technology, chemistry (analytical or organic) or biochemistry, chemical engineering, microbiology, pharmacology and toxicology, or other related sciences; and
- (b)
- the applicant has at having at least 3 years of experience in the medicinal products.
- (2)
- A licence holder shall inform the licensing authority of any change in his name and the address of the manufacturer to which the licence relates.
- (3)
- A licence holder shall provide and maintain such staff, premises, equipment and plant as are necessary for carrying out the manufacture and assembly of the medicinal product in the exact manner as the specification of the product and shall carry out the manufacturing operation as in the process specified in the application for a licence.
- (4)
- A licence holder shall provide and maintain such staff premises, equipment and facilities for handling, storage and distribution of the medicinal product.
- (5)
- A licence holder shall conduct all manufacturing operations in accordance with Good Manufacturing Practices (WHO Expert Committee on Specifications for Pharmaceutical Preparations, Thirty-second report. Geneva, World Health Organization, 1992:14-79 (WHO Technical Report Series, No. 823) with supplementary guidelines (WHO Technical Report Series, No. 863 of 1996)) prescribed by the licensing authority and
shall ensure that the quality, safety and efficacy of the product are maintained as per
specifications contained in the medicinal product licence. - (6)
- An applicant shall provide and maintain adequate staff, premises and laboratory equipment for carrying out the tests of the quality of the medicinal product.
- (7)
- An applicant shall make adequate arrangements for the storage of medicinal products manufactured by him.
- (8)
- A licence holder shall inform the licensing authority before making any material alteration to the premises or plant used under this licence and any change that he proposes to make in the –
- (a)
- person responsible for supervising the production operations; or
- (b)
- person responsible for the quality control of the medicinal product being manufactured.
- (9)
- A licence holder shall maintain records of the details of manufacture of each batch of every medicinal product being manufactured and of the tests carried out in such forms as the licensing authority may require.
- (10)
- Such records shall not be destroyed for a period of 2 years from the date when the manufacture of the relevant batch occurred.
- (11)
- A licence holder shall keep such record as required in order to facilitate the withdrawal or recall from sale or supply of any medical product to which the licence relates.
- (12)
- A licence holder shall return the original copy of the licence to the licensing
authority within 7 days from the date when the licence is suspended or revoked.
- (13)
- A licence holder shall not use the licence for advertising purposes.
22. STANDARD PROVISIONS FOR THE WHOLESALE DEALERS LICENCE. The following standard provisions shall apply to a wholesale dealers licence: – - (a)
- a licence holder shall have a valid business registration with the Investment Promotion Authority; and
- (b)
- the licence shall be displayed in a prominent place in a part of the premises open to the public; and
- (c)
- a licensee shall permit an authorized inspector to inspect the premises and provide any information that is necessary; and
- (d)
- a licensee shall report to the licensing authority any change in the qualified person in-charge within one month of such change; and
- (e)
- a licensee shall inform the licensing authority in writing in the event of any change in the constitution of the firm operating under the licence. Where there is a change in ownership of the firm, the existing licence shall be deemed to be valid for a maximum period of 3 months from the date on which the change takes place, unless in the mean time a fresh licence has been obtained from the licensing authority in the name of the firm with the changed constitution; and
- (f)
- a licence holder shall provide and maintain such staff, premises, equipment and facilities for the handling, storage and distribution of the medicinal products which he
handles, stores or distributes under his licence, as are necessary to avoid deterioration of the medicinal products and he shall not use the premises for such purposes other than those specified in the licence by the licensing authority; and
- (g)
- a licence holder shall ensure that the premises are sufficiently secured, preventing unauthorized access; and
- (h)
- a licence holder shall provide such information as may be requested by the licensing authority concerning the type and quantity of any medicinal product which he currently handles, stores or distributes;
- (i)
- where the licence holder has been informed by the licensing authority or by the holder of the product licence that any batch of medicinal product to which the wholesale dealer’s licence relates has been found not to conform as regards to the strength, quality or purity with the specification of that product or with the provisions of the Act or of any regulations under the Act that are applicable to the medicinal product, he shall, if so directed, withhold such batch from sale for such period as may be specified by the licensing authority;
- (j)
- subject to the provisions of these regulations, no medicinal product to which the wholesale dealer’s licence relates shall be sold or offered for sale by way of wholesale dealing by virtue of that licence unless there has been granted in respect of that medicinal produce licence which is for the time being in force and any sale or offer for sale shall be in conformity with the provisions of such medicinal product licence.
- (k)
- the licence holder, for the purpose of enabling the licensing authority to ascertain whether there are any grounds for suspending, revoking or varying any licence or certificate granted or issued under the Act, shall permit, and provide all necessary
facilities to enable the Inspector, to carry out such inspection or to take samples or copies,
in relation to things belonging to, or any business carried on by, the licence holder, as such person would have the right to carry out or take under the Act for the purpose of verifying any statement contained in an application or a licence or certificate; and - (n( �/span>
- the licence holder shall at all times provide and maintain staff, premises, equipment and facilities that will enable the qualified person who is at his disposal to carry out the said function;
- (m)
- the provisions of this subsection shall also not apply where the licence holder handles the imported medicinal product –
- (i)
- in the course of the provision of facilities solely for the transport of the medicinal product; or
- (ii)
- in the course of a business carried on by him as an import agent where he imports the medicinal product solely to the holder of another person who intends, in the course of a business carried on by him, to sell, or offer for sale the medicinal product by way of wholesale dealing or in any other way intends to distribute the medicinal product; or
(iii) the licensee shall comply with such further requirements, if any, applicable to the holders of licences, as may be specified by the licensing authority from time to time; or
(iv) all transactions pertaining to ordering, storage and distribution of medicinal products should be accurately recorded.
23. STANDARD PROVISIONS FOR AN IMPORT LICENCE.
In addition to requirements for wholesalers contained in Section 22 the following conditions must be met: – - (a)
- a licence holder shall report any changes in his name and address and the address of
his company to which the licence relates; and
- (b)
- a licence holder shall undertake to arrange for test of the medicinal product and to submit samples of the medicinal product when requested to do so by the licensing authority; and
- (c)
- a licence holder shall report to the licensing authority any change in the specification or composition of the medicinal product or the manufacturing procedure of the medicinal product; and
- (d)
- a licence holder shall inform the licensing authority of any batch of the medicinal product, which have been found to be harmful or unsafe or does not conform to the product’s specifications; and
- (e)
- a licence holder shall keep and maintain records to which the licence relates in the manner as prescribed by the licensing authority.
- (f)
- a licence holder shall inform the licensing authority of any decision to withdraw the importation, sale or supply of the medicinal product to which the licence relates; and
- (g)
- a licence holder shall report to the licensing authority within 7 days from the receipt of any adverse effects or report relating to the medicinal product imported; and
- (h)
- a licence holder on a per consignment basis shall state the import licence number designated by the licensing authority on the label and package accompanying the medicinal product; and
- (i)
- a licence holder shall recall defective, harmful and unsafe medicinal products from the market and shall immediately stop the distribution and sale of the affected medicinal
product; and
- (j)
- a licence holder shall return the original copy of the licence to the licensing authority
if the licence is suspended or revoked; and
- (k)
- the validity of the import licence, in respect of each medicinal product, which the importer is dealing with, shall be subject to the continued validity of the corresponding medicinal product licence; and
- (n( �/span>
- a licence holder shall not use the licence for advertising purposes.
24. STANDARD PROVISIONS FOR AN EXPORT LICENCE. The following standard provisions shall apply to an export licence: – - (a)
- a licence holder shall report any changes in his name and address and the address of his company to which the licence relates; and
- (b)
- a licence holder shall report to the licensing authority of any change in the specification or composition of the medicinal product; and
- (c)
- the licence holder shall inform the licensing authority of any batch of the medicinal product, which has been found to be harmful or unsafe or does not conform to the product’s specifications.
- (d)
- a licence holder shall keep and maintain records to which the licence relates in the manner as prescribed by the licensing authority; and
- (e)
- a licence holder shall inform the licensing authority of any decision to withdraw the exportation, sale or supply of the medicinal product to which the licence relates.
25. STANDARDS FOR MEDICINAL PRODUCTS, COSMETICS AND MEDICINAL DEVICES. - (1)
- Any medicinal product for which a standard is otherwise prescribed in these
regulations shall, where it is described as conforming to a monograph in a specified publication, conform to the description and tests set out in that publication for that medicinal product.
- (2)
- Any medicinal product that is suitable for application into the eye shall conform to the tests for sterility.
- (3)
- Any medicinal product, for use on the skin of a baby, or on any inflamed, abraded or broken skin, shall be free of pathogenic organisms.
- (4)
- Any medicinal product or cosmetic intended for sale shall not contain any extraneous thing that is harmful, dangerous or offensive.
- (5)
- A surgical dressing that is described as conforming to a monograph in a specified publication shall conform to the description and tests set out in that publication for that surgical dressing.
- (6)
- A medical device that is described as conforming to a particular description shall conform to that description.
PART 4. – PHARMACIES.
26. REGISTRATION OF A PHARMACY. - (1)
- From such date as may be fixed by the Minister by notification in the National Gazette in this behalf, no person shall conduct a pharmacy in the State of Papua New Guinea unless he has obtained a registration from the licensing authority.
- (2)
- An application for registration of a pharmacy shall be made in Form 1(a) as
prescribed in Schedule 2 to these regulations.
- (3)
- A registration shall be required for each pharmacy and a separate registration shall be required for each of the premises of any person operating a pharmacy in more than one location.
- (4)
- A licence shall not be granted to any person unless the licensing authority is satisfied that the applicant complies with the following requirements:-
- (a)
- location and building: –
- (i)
- a pharmacy shall be located in a sanitary place and hygienic conditions shall be maintained in the premises; and
- (ii)
- the place shall be kept dry, adequately lighted and ventilated at all times; and
(iii) the place shall be kept clean and free from dust and creatures likely to contaminate the medicine; and - (iv)
- the walls, floors and ceilings shall be properly constructed and kept in good repair, and shall be easy to clean; and
- (v)
- the place shall not be used for any purpose that might affect the quality of the medicines or cosmetic; and
- (vi)
- the place shall be provided with a means of drainage, sinks and other sanitary fittings maintained in good, clean and working conditions; and
(vii) the place shall be provided with an adequate supply of hot and cold water, and or other detergents; and - (b)
- spacing:-
- (i)
- the premises should be on an area of not less than 10 square metres; and
- (ii)
- there shall be separate prescription compounding and dispensing counter depending on the work load requirements of the pharmacy separated from other areas to prevent admission to the public; and
(iii) a minimum of 1.5 square metres of counter space shall be provided for one pharmacist and, additional counter space shall be provided for each additional pharmacist. - (c)
- staffing:- A pharmacy shall be provided with
- (i)
- adequate facilities for preserving the sensitive medicinal products; and
- (ii)
- refrigerators for the storage of vaccines and other biological preparations; and
(iii) adequate cupboards with lock and key for the storage of dangerous drugs; and - (d)
- the storage conditions: – A pharmacy shall be provided with
- (i)
- adequate facilities for preserving the sensitive medicinal product; and
- (ii)
- refrigerators for storage vaccines and other biological preparations; and
(iii) adequate cupboards with lock and key for the storage of dangerous drugs; and - (e)
- dispensing equipment: – A pharmacy shall be provided with adequate equipment necessary for dispensing of official preparations and processing prescriptions. Each item must be clean, in good repair and of suitable material. Following is a minimum list and must be extended according to the requirements of the dispensary.
- (i)
- a suitable means of counting tablets and capsules. This equipment must be cleaned regularly so that cross contamination between products is avoided.
- (ii)
- an accurate dispensing balance.
(iii) a range of graduated, stamped glass measures.