Section 41. Other penalties.

Any pharmacist who shall violate any of the provisions of Sections twenty-
eight, thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-seven and thirty-eight of
this Act or any pharmacist after his certificate of registration has been lawfully suspended or revoked,
who continues to engage in the practice of pharmacy, shall, upon conviction thereof, be sentenced to a
fine of not less than one hundred pesos but shall not exceed five hundred pesos or to an imprisonment
of not less than thirty days but not more than four months, in the discretion of the court.

Any person other than citizens of the Philippines having been found guilty of any violation as provided
for in this and the preceding section shall, after having paid the fine or having served his sentence or
both when so required be also subject to deportation.

Section 42. Definition of terms. For purposes of this Act, the term (a) "Pharmacy" or "Drug Store" means
a place or establishment where drugs, chemical products, active principles of drugs, pharmaceuticals,
proprietary medicines or pharmaceutical specialties, devices, and poisons are sold at retail and where
medical, dental and veterinary prescriptions are compounded and dispensed.

(b) "Drug or Pharmaceutical Laboratory" or Pharmaceutical Manufacturing Laboratory" means an

establishment where pharmaceuticals, proprietary medicines or pharmaceutical specialties are
prepared, compounded, standardized and distributed or sold.

(c) "Wholesaler" means and includes every person who acts as a jobber, merchant, broker or agent, who
sells or distributes for resale pharmaceuticals, proprietary medicines or pharmaceutical specialties.

(d) "Person" means and includes an individual, partnership, corporation or association.

(e) "Drug" means (1) articles recognized in the official United States Pharmacopoeia, official
Hemeopathic Pharmacopoeia of the United States or official National Formulary, or any of their
supplements; (2) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of
disease in man or animals; (3) articles (other than food) intended to effect the structure or any function
of the body of man or animals; and (4) articles intended for use as a component of any articles specified
in clauses (1), (2), or (3), but not include devices or their components, parts or accessories.
(f) "Pharmaceuticals", "Proprietary Medicines" or "Pharmaceutical Specialties" means any drug,
preparation or mixture of drugs marked under a trade name and intended for the cure, mitigation or
prevention of disease in man or animals.

(g) "Device" means instruments, apparatus or contrivances including their components, parts and
accessories, intended (1) for use in the diagnosis, cure, mitigation, treatment or prevention of disease in
man or animals; or

(2) to effect the structure or any function of the body of man or animals.

(h) "Biologic Products" are viruses, sera, toxins and analogous products used for the prevention or cure
of human diseases.

(i) "Poison" is any drug, active principle, or preparation of the same, capable of destroying life or
seriously endangering health when applied externally to the body or introduced internally in moderate
doses.

(j) "Cipher" means a method of secret writing that substitutes other letters or characters for the letter
intended or transposes the letter after arranging them in blocks or squares.

(k) "Code" means a system of words or other symbols arbitrarily used to represent words.

(l) "Secret Keys" means a characteristics style or symbols kept from the knowledge of others or disclosed
confidentially to but one of few.

Section 43. Final Provisions. To carry out the provisions of this Act, there is hereby authorized to be
appropriated, out of any funds in the National Treasury not otherwise appropriated, the sum of thirty
thousand pesos within the fiscal year of the approval hereof. Thereafter, such funds as are necessary for
the maintenance and operation of the Board of Pharmacy and of the Council of Pharmaceutical
Education shall be included in the annual General Appropriations Act.
Section 44. Repealing clause. The following are hereby repealed: Sections seven hundred seventeen to
seven hundred fifty-seven inclusive, Sections two thousand six hundred seventy-five to two thousand six
hundred seventy-seven inclusive of the Revised Administrative Code, as amended; and such other laws
or part of laws, executive orders, administrative orders; circulars, regulations and memoranda
inconsistent or incompatible with this Act.

Section 45. Separability of provisions. If any part, section or provision of this Act shall be held invalid or
unconstitutional, no other part, section or provision thereof shall be affected thereby.

Section 46. Effectivity. This Act shall take effect upon its approval.

Section 46. Other Penalties.— Any person who shall commit any of the following acts shall, upon
conviction, be sentenced to pay a fine of not less than one hundred thousand pesos (₱100,000.00), but
not exceeding two hundred thousand pesos (₱200,000.00) or imprisonment of not less than thirty (30)
days but not more than one (1) year, or both, at the discretion of the court:

(a) Affixing of the title “RPh” by a person who is not a duly registered and licensed pharmacist;

(b) Practicing the pharmacy profession in the Philippines without a valid COR, PIC or STP;

(c) Non-indication of a pharmacist of his/her COR and professional tax receipt numbers in official
documents requiring such information;

(d) Refusal to display the COR of the pharmacist in a prominent and conspicuous place in the
establishment and outlet where the pharmacist is employed and practicing;

(e) Noncompliance by a duly registered and licensed pharmacist with the requirements on the filling of
prescription;
(f) Noncompliance by a duly registered and licensed pharmacist on the requirements for partially-filled
prescription;

(g) Selling of physician’s samples;

(h) Distribution of antimicrobials, including anti-TB drugs and other product classification as may be
prohibited by law as physician’s samples;

(i) Removal, erasure and alteration of mark or label of physician’s sample;

(j) Use of cipher, codes, or secret keys or unusual names or terms in prescriptions;

(k) Filling of prescriptions where cipher, codes, or secret keys or unusual names or terms are used;

(l) Noncompliance with labeling requirements for dispensed medicines;

(m) Noncompliance with the requirements on the keeping of record books by a pharmaceutical outlet;

(n) Employment of personnel in a pharmacy or pharmaceutical operation without the required training
and certification;

(o) Refusal of a non-pharmacist owner/operator of a pharmaceutical outlet to undergo training and

certification;

(p) Refusal by the owner/operator to allow and require duly registered and licensed pharmacists and
pharmacy support personnel to undergo CPD, training and certification;
(q) Rendering dispensing-related services by non-pharmacists in a pharmaceutical outlet without
undergoing the required training and certification;

(r) Dispensing pharmaceutical products in medical missions without the supervision of a duly registered
and licensed pharmacist;

(s) Noncompliance with the required training and certification of professional service or medical
representatives or professional service representatives, pharmacy technicians, pharmacy assistants,
pharmacy aides, pharmacy clerks, and other medicine handlers of pharmaceutical products. Both the
medical representatives or professional service representatives, pharmacy technicians, pharmacy
assistants, pharmacy aides, pharmacy clerks, or medicine handlers and the pharmaceutical
establishment and outlet emploving any such individual shall be held jointly liable; and

(t) Violation of any provision of this Act and its rules and regulations not aforementioned above. Any
person, other than the citizens of the Philippines, having been found guilty of any violation as provided
for in this section and the preceding section shall, after having paid the fine or having served the
sentence, or both, when so adjudged, shall also be subject to immediate deportation.

The penalties and liabilities herein provided shall be without prejudice to other sanction/s that may be
imposed for violation of other applicable laws, policies, rules and regulations.

The owner/operator of the pharmaceutical establishments/outlets and the duly registered and licensed
pharmacists/pharmacy support personnel are jointly liable for the willful violation of any provision of
this Act.

Article VIII

Final Provisions

Section 47. Enforcement.— It shall be the primary duty of the Board and the PRC to effectively enforce
the provisions of this Act. All duly constituted law enforcement agencies and officers of the national,
provincial, city or municipal government or of any political subdivision thereof shall ensure the effective
enforcement and implementation of the provisions of this Act.
Section 48. Appropriations.— The Chairperson of the PRC shall immediately include in its programs the
implementation of this Act, the funding of which shall be charged against their current years’
appropriations and thereafter, in the annual General Appropriations Act.

Section 49. Transitory Provisions.— The incumbent Chairperson and members of the Board shall, in an
interim capacity, continue to function as such until the Chairperson and members of the new Board,
created under this Act, shall have been appointed and qualified.

Section 50. Implementing Rules and Regulations.— Within one hundred twenty (120) days after the
approval of this Act, the Board, subject to the approval by the PRC, and in consultation with the APO,
shall formulate and issue the rules and regulations to implement the provisions of this Act.

Section 51. Separability Clause.— If any clause, provision, paragraph or part hereof shall be declared
unconstitutional or invalid, such declaration shall not affect, invalidate, or impair the other provisions
otherwise valid and effective.

Section 52. Repealing Clause.— Republic Act No. 5921, as amended, is hereby repealed. AH other laws,
presidential decrees, executive orders and other administrative issuances or parts thereof which are
contrary to or inconsistent with the provisions of this Act are hereby repealed, amended, or modified
accordingly.

Section 53. Effectivity.— This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation.