PART FOUR – ESTABLISHMENT OF GHANA COLLEGE OF PHARMACISTS
Establishment of the College
Establishment of Ghana College of Pharmacists
- (1) There is established by this Act a body corporate with perpetual succession to be known as the Ghana College of Pharmacists.
(2) Where there is hindrance to the acquisition of property, the property may be acquired for the College under the State Property and Contracts Act, 1960 (CA. 6) or the State Lands Act, 1962 (Act 125) and the cost shall be borne by the College.
Objects of the College
- The objects of the College are to
(a) promote specialist training in pharmacy and related disciplines,
(b) promote continuous professional development in pharmacy and related disciplines,
(c) promote research in pharmaceutical practice and related disciplines; and
(d) contribute to the formulation of policies on sound health, medicine and public health generally.
Functions of the College
- To achieve the objects, the College shall
(a) organise and supervise specialist training, promote continuous professional development and support research in pharmacy and related disciplines;
(b) conduct and organise specialist examinations in pharmacy and related disciplines;
(c) publish journals and pamphlets on pharmacy;
(d) award diplomas and certificates on completion of specialist training and confer professional distinctions;
(e) foster cooperation with other institutions with similar objectives;
(f) initiate and participate in actions and discussions aimed at sound health and formulation of public policies on health and medicines; and
(g) perform any other functions which are ancillary to the objects of the College.
Governing body of the College
- (1) The governing body of the College is a Council consisting of
(a) a chairperson;
(b) the President of the College who is elected by Fellows of the College;
(c) the Rector of the College who shall be Secretary to the Council;
(d) one representative of
(i) the Ministry of Health not below the rank of Director,
(ii) the Deans or heads of pharmacy training schools,
(iii) the pharmacy profession elected by practitioners;
(iv) the Pharmacy Council, and
(v) the Attorney-General not below the level of Principal State Attorney,
(e) A Resident elected by Residents; and
(f) two other persons nominated by the President of the Republic.”
(2) The members of the Council shall be appointed by the President of the Republic in accordance with article 70 of the Constitution.
(3) The President of the Republic shall have regard to gender in the appointment of members of the Council.
(4) The Council shall ensure the proper and effective performance of the functions of the College.
Functions of the Council
- The Council is responsible for the
(a) implementation of policies,
(b) mobilisation, control and supervision of the finances and estates of the College,
(c) admission of Members and Associate-Members of the College, and
(d) recommendation of a member in good standing to be admitted as a Fellow.
Tenure of office of members of the Council
- (1) A member of the Council shall hold office for a term of three years and is eligible for re-appointment for another term only.
(2) Subsection (1) does not apply to the Rector of the College.
(3) A member of the Council may at any time resign from office in writing addressed to the President through the Minister.
(4) A member of the Council, other than the Rector of the College, who is absent from three consecutive meetings of the Council without sufficient cause ceases to be a member of the Council.
(5) The President of the Republic may by letter addressed to a member revoke the appointment of that member.
(6) Where a member of the Council is, for a sufficient reason, unable to act as a member, the Minister shall determine whether the in ability would result in the declaration of a vacancy.
(7) Where there is a vacancy
(a) under subsection (3) or (4) or section 91; or
(b) as a result of a declaration under subsection (6); or
(c) by reason of the death of a member,
the Minister shall notify the President of the Republic of the vacancy and the President of the Republic shall appoint a person to fill the vacancy.
Meetings of the Council
- (1) The Council shall meet at least once every three months for the dispatch of business at the time and in the place determined by the chairperson.
(2) The chairperson shall at the request in writing of at least one third of the members of the Council convene an extraordinary meeting of the Council at the place and time determined by the chairperson.
(3) The quorum at a meeting of the Council is seven members of the Council or a greater number in respect of an important matter.
(4) The chairperson shall preside at meetings of the Council and in the absence of the chairperson a member of the Council, elected by the members present at the meeting from among their number shall preside.
(5) Matters before the Council shall be decided by a simple majority of members present and voting and in the event of equality of votes the person presiding shall have a casting vote.
(6) The Council may co-opt a person to attend a Council meeting but that person shall not vote on a matter for decision at the meeting.
(7) The proceedings of the Council shall not be invalidated by reason of a vacancy among the members or a defect in the appointment or qualification of a member.
Disclosure of interest
- (I) A member of the Council who has an interest in a matter for consideration by the Council
(a) shall disclose the nature of that interest and the disclosure shall form part of the record of the consideration of the matter; and
(b) shall not participate in the deliberations of the Council in respect of that matter.
(2) A member ceases to be a member if that member has an interest in a matter before the Council and
(a) fails to disclose that interest; or
(b) participates in the deliberations of the Council in respect of the matter.
Allowances for members
- Members of the Council including persons co-opted to attend meetings of the Council shall be paid the allowances approved by the Minister in consultation with the Minister for Finance.
The College
President and Vice-President of the College
- (1) The President of the College shall be a Fellow of the College elected by Fellows of the College and is the academic head of the College.
(2) The College shall have a Vice-President who is
(a) a Fellow of the College and elected by Fellows of the College, and
(b) the head of a Division of the College
Academic Board
94. (1) The College shall have an Academic Board which is responsible for the academic affairs of the College.
(2) The Academic Board comprises
(a) the President who shall be the chairperson,
(b) the Rector who shall be Secretary to the Academic Board
(c) the Editor of the College,
(d) chairpersons of the various Faculties, and
(e) the Librarian who shall be in attendance.
Functions of the Academic Board
- The Academic Board shall, among other things,
(a) approve courses of study and examinations held in connection with the courses;
(b) prescribe by-laws, rules and regulations for the conduct of the business of the College;
(c) determine the criteria for the admission of Members and Associate Members to the College;
(d) approve a structure of operation for the effective performance of the functions of the College; and
(e) prescribe standards and training programmes for specialists.
Committees of the Academic Board
- (1) In the performance of its functions the Academic Board may 0r form various committees including education, research, finance and editorial committees.
(2) A Fellow of the College who is not a member of the Academic Board may be co-opted to serve on a committee of the Academic Board.
Division of the College
- (1) The College shall have the following Divisions:
(a) Division of Pharmaceutical Care;
(b) Division of Pharmaceutical Production and Quality Assurance;
(c) Division of Social and Public Health Pharmacy; and
(d) any other division determined by the Council on the advice of the Academic Board.
(2) A Division shall consist of a number of Faculties created by the Division with the approval of the Academic Board.
(3) The Division may, subject to the approval of the Academic Board, add new Faculties or remove old Faculties when necessary.
Division of Pharmaceutical Care
- The Division of Pharmaceutical Care includes
(a) the Faculty of Clinical Pharmacy; and
(b) the Faculty of Community and Family Planning.
Division of Pharmaceutical Production and Quality Assurance
- The Division of Pharmaceutical Production and Quality Assurance includes
(a) the Faculty of Drug and Herbal Medicine Production; and
(b) the Faculty of Quality Assurance.
Division of Social and Public Health Pharmacy
- The Division of Social and Public Health Pharmacy includes (a) the Faculty of Social and Administrative Pharmacy; and (b) the Faculty of Public Health Pharmacy.
Divisional Board
- Each Division shall have a Divisional Board which
(a) is responsible for the overall organisation and supervision of the affairs of the Divsion; and
(b) shall regulate its own proceedings.
Composition of Divisional Board
- A Divisional Board comprises
(a) the Head of the Division,
(b) the Vice-Rector of the Division who shall be the Secretary, and
(c) the chairpersons and secretaries of the Faculties in the Division.
Tenure of office of members of Divisional Board
- A member of a Divisional Board shall hold office for a term of two years and is eligible for re-election for another term only.
Faculty Board
- (1) Each Faculty shall have a Faculty Board consisting of
(a) the chairperson, and
(b) subject to the approval of the Academic Board, three or more Fellows who are members of the Faculty, one of whom shall be elected as secretary.
(2) The chairperson and other members of the Faculty Board shall be elected by the Fellows who belong to the Faculty.
(3) The chairperson and other members of the Faculty Board shall hold office for a term of two years and are at the expiration of the term eligible for re-election.
(4) A Faculty Board shall
(a) develop, promote and implement the academic programmes of the Faculty; and
(b) nominate Examiners for approval by the Academic Board.
College membership
- The College shall have the following membership:
(a) Foundation Fellows;
(b) Fellows;
(c) Members and Associate Members;
(d) Honorary Fellows and
(e) Affiliate Members.
Rector
- (1) There shall be a secretariat for the College which is headed by a Rector.
(2) The Rector shall be appointed by the Council and shall hold office on terms and conditions specified in the letter of appointment.
(3) The Rector must be a registered pharmacist and is the administrative head of the College.
Vice-Rectors
- There shall be Vice-Rectors of the College who shall be appointed by the Council.
(2) The Vice-Rectors shall discharge duties assigned by the Rector and in the absence of the Rector, one of the Vice Rectors shall act as Rector.
(3) A Vice-Rector is responsible for the administration of a Division and may assist the Vice-President in the academic affairs of the Division.
Editor and other employees
- (1) The College shall have an Editor who is responsible for publications of the College.
(2) The Academic Board shall elect the Editor from among Fellows of the College and the Editor shall hold office for two years and is eligible for re-election.
(3) Except as otherwise provided, the Council may employ for the College persons required for the proper and efficient performance of functions on terms and conditions that the Council considers appropriate.
Financial and miscellaneous provisions
Funds of the College
- (1) The funds of the College include
(a) funds provided from the Consolidated Fund,
(b) fees charged by the College,
(c) income from investment,
(d) donations, gifts, bequests, and
(e) grants and loans.
(2) The College may retain a percentage of internally generated funds realized in the performance of its functions.
(3) The percentage of the internally generated funds retained by the College shall be as specified in writing by the Minister responsible for Finance.
Bank accounts
- The Council shall open for the College an account with a recognised bank.
Accounts and audit
- (1) The Council shall keep books of account and proper records in relation to them in a form approved by the Auditor-General.
(2) The Council shall submit the accounts of the College to the Auditor-General for audit within three months after the end of the financial year.
(3) The Auditor-General shaiI not later than three months after the end of the financial year audit the accounts and forward a copy of the audited report to the Minister.
(4) The financial year of the College is the same as the financial year of the Government.
Annual report and other reports
- (I) The Council shall within one month after the receipt of the audit report submit an annual report to the Minister covering the activities of the College for the year to which the report relates.
(2) The annual report shall include the report of the Auditor-General.
(3) The Minister shall within one month after the receipt of the annual report submit the report to Parliament with a statement that the Minister considers necessary .
(4) The Council shall also submit to the Minister any other reports which the Minister may require in writing.
Regulations
- The Minister on the advice of the Council may by legislative instrument make Regulations for the effective implementation of this Act.
Interpretaton
- In this Part unless the context otherwise requires “Affiliate Member” means a Resident of the College; “Associate Member” means a person who has been awarded a diploma by the College;
“College’ means the Ghana College of Pharmacists;
“Council” means the governing body of the College;
“Faculty Board” means a Faculty Board established under this Part;
“Fellows” means a body of Fellows consisting of Foundation Fellows, Honorary Fellows and other recognised Fellows;
“Foundation Fellow” means a person admitted as Fellow of the College at its inception;
“good standing” means a Fellow, member or Associate Member who has fulfilled all relevant requirements as determined by the College;
“Honorary Fellow” means a professional or an individual of high distinction on whom the College has conferred honours; “Member” means ~ person who has completed a specialist training programme of the College;
“Minister” means the Minister responsible for Health; “President” means the a Fellow who is in good standing and is elected as President of the Collegiate an Annual General Meeting of the Body of Fellows;
“Resident” means a person who is undertaking specialist training in the College; and
“Vice-President’ means the Vice President of the College.
Date of Gazette notification: 31st December, 2011.