Professional Conduct and Code of Ethics

Malaysian Community Pharmacists Association accepts and follows the Code contained below, made by the Pharmacy Board of Peninsular Malaysia. These statements have embodied the acceptable standards of proper conducts and professionalism for the guidance of pharmacy practitioners.

CODE OF  PROFESSIONAL CONDUCT AND ETHICS

It consists of three parts. The first part deals with Disciplinary Jurisdiction of the Board and the Statement Of Infamous Or Disgraceful Conduct In A Professional Sense And Misconduct. The second part deals with Neglect Or Disregard Of Professional Responsibility, Abuse Of Professional Privileges And Skills, Conduct Derogatory To The Reputation Of The Profession, and Advertising, Canvassing and Related Professional Offences. The third part deals with Disciplinary Procedure.

The term Board, Act, annual certificate, body corporate, dangerous drug, drug, pharmacist, poison, practitioner, register, the Regulations, and superintendent shall have the meaning granted to them under the Registration of Pharmacists Act 1951.

PART (I)(1) : Disciplinary Jurisdiction Of The Board

The Board may initiate disciplinary proceedings against any registered pharmacist under the provisions of section (17)(1)(a), (b), and (c) of the Act which read:

“(17)(1)  The Board may cancell an annual certificate and order the removal from the   register of the name of any registered pharmacist if it comes to the knowledge of the Board that such person—

1. has obtained registration by fraudulent or incorrect statement; or
2. has been convicted of any offence, which in the opinion of the Board renders him unfit to be on the register or of any offence under this Act or under any written law relating to poisons, dangerous drugs or therapeutic substances in force in Malaysia; or
3. has been guilty of infamous or disgraceful conduct in a professional sense.”

The Board may initiate disciplinary proceedings against any body corporate under the provisions of section (13)(7) and (13)(8), which read:
 
        Section (13)(7): If-

1. a body corporate carrying on a business which comprises the retail sale of poisons, dangerous drugs or therapeutic substances has been convicted of an offence under this Act or under any written law relating to poisons, dangerous drugs or therapeutic substances in force in Malaysia; or
2. any director or officer of or any other person in the employment of such body-
1. has been convicted of an offence under this Act or the aforesaid written laws;
2. has been convicted of any other criminal offence which in the opinion of the Board renders him, or would if he were a registered pharmacist render him, unfit to be on the register; or
3. has been guilty of any misconduct which, in the opinion of the Board, renders him, or would if he were a pharmacist render him, unfit to be on the register;

the Board may inquire into the case and may, unless the body corporate satisfies the Board that the act or omission in question was not connived at or instigated by their superintendent or by any of their directors or managers, and that the person guilty thereof is no longer in their employment, refuse to register such body corporate or, in the case of a body corporate already registered, may remove such body corporate from the register and thereupon such body corporate shall cease to be entitled to use any title or description which a body corporate registered under this section is entitled to use.

(13)(8)  The Board may remove the name of any body corporate from the register when—

1. the registration of such body has been obtained by any fraudulent or incorrect statement.

PART (I)(2): STATEMENT ON INFAMOUS OR DISGRACEFUL CONDUCT IN A PROFESSIONAL SENSE AND MISCONDUCT

For the purpose of Section (17)(1)(c) of the Act, any pharmacist found guilty of any breach of the Code of Professional Conduct by the Board after due inquiry under the Regulations, shall be deemed to be in the opinion of the Board, guilty of infamous or disgraceful conduct in a professional sense, and shall be liable to such disciplinary action by the Board as the Board deems fit under the provisions of the Act.

Similarly, for the purpose of section (13)(7)(iii) of the Act, any director, or officer of or other person in the employment of any body corporate found guilty by the Board of any breach of the Code, shall be deemed to be in the opinion of the Board, guilty of misconduct and such body corporate shall be liable to such disciplinary action by the Board as the Board deems fit under the provisions of the Act.

PART (II): CODE OF PROFESSIONAL CONDUCT

It must already be understood that the particulars that are given below do not constitute, and are not intended to constitute a complete enumeration of the professional matters, the breach of which may entail disciplinary proceedings by the Board. It does not in any way preclude the Board from considering and dealing with any form of infamous and disgraceful conduct in a professional sense and misconduct, although the subject matter may not appear to come within the scope or precise wording of any of the categories set forth in this Code. Circumstances may and do arise from time to time in relation to which there may occur questions on conduct which do not come within these categories. In such instances as in all others, the Board shall be considered the judge upon the facts brought before it.

(II)(1) : NEGLECT OR DISREGARD OF PROFESSIONAL RESPONSIBILITY

1.1 Responsibility For Standards Of Professional Practice

1.1.1 A pharmacist shall maintain the highest professional standard in the discharge of his professional service to his patients or clients, in his conduct, and in his professional relations with members of his own profession and other allied professions. He shall render to his patients or clients the full measure of his ability as a member of the healthcare team.

1.1.2 A pharmacist, in his capacity as a superintendent of a body corporate, shall not agree to practise under any terms or conditions which interfere with or impair his control and management of the business of such body corporate, or the proper exercise of his professional judgement, skill or function.

1.1.3 A practitioner shall provide such means or facilities as may be necessary to enable a pharmacist to provide the highest standards of professional service and shall not, by act or omission, restrain or hinder the pharmacist in the proper discharge of his duties and responsibilities as a superintendent and the fulfillment of statutory requirements.

1.1.4 An unqualified practitioner shall not engage himself publicly in the running of a body corporate in such a manner as to throw doubt upon the status of the superintendent or other pharmacists in such body corporate

1.2 Consultation

1.2.1 In the provision of consultation or professional advice, a pharmacist shall, with due regard to the interest of the patient or client, strive to provide such information that is truthful, accurate, full, and without bias.

1.2.2 In conformity with his own sense of responsibility, a pharmacist shall refer a patient or client to members of allied professions when, in the opinion of the pharmacist, the interest of the patient or client, is better served by members of that profession.

1.3 Relationship With Pharmacists And Members Of The Allied Profession

1.3.1 In his practice, a pharmacist shall not by words or deed or by inference thereof discredit or disparage the professional integrity, or judgement, or skill of another pharmacist or of a member of an allied profession.

1.3.2 In dispensing a prescription, a pharmacist shall not attempt to secure for himself the care of the patient whose prescription had been dispensed.

1.4 Dispensing

When any doubt arises in the interpretation of a prescription accepted by a pharmacist, he shall consult the prescriber and shall not alter the prescription unless with the approval of the prescriber or in an emergency.

1.5 Improper Delegation Of  Duties

1.5.1 Employment Of Unqualified Or Non-Registered Person

The employment by practitioners, of any person not qualified or registered under the Act, and the permitting of such unqualified or non-registered person to perform any task, which would otherwise require the supervision of a pharmacist, or which requires the professional discretion or skill of a pharmacist, is in the opinion of the Board in its nature fraudulent and dangerous. All practitioners are required to abstain from such fraudulent and dangerous practice.

In the event where persons other than pharmacists are required to perform any act that requires the supervision of a pharmacist, the pharmacist shall be available for immediate consultation and in full control of the person and the act performed.

All practitioners in the performance of any act that requires the supervision of a pharmacist shall only perform such act when the pharmacist is available for immediate consultation and the act is performed under the full control and permit of the pharmacist.

1.6 Pharmaceutical Research

In the scientific application of pharmaceutical research carried out on human beings, it is the duty of the pharmacist to uphold the sanctity of human life.

1.6.1 A pharmacist shall not be a party to any research on human beings unless:

1. each potential subject has been adequately informed of the aims, methods, anticipated benefits and potential hazards of the study and the discomfort it may entail;
2. the subject has been informed that he is at liberty to abstain from participation in the study and that he is free to withdraw his consent to participate at any time;
3. the subject of his own free will, has given written consent to participate in the study.

1.6.2 The pharmacist can combine scientific research with professional care, the objective being the acquisition of new knowledge, only to the extent that research is justified by its potential value for the patient.

1.6.3 A pharmacist shall use great caution in divulging discovery through non-professional channels.

1.6.4 The results of any research on human subjects should not be suppressed whether adverse or favourable.

1.7 Continuing Education

A pharmacist shall strive to keep abreast of new knowledge and advancement relevant to his practice by actively engaging himself in continuous study throughout his professional life in order to merit the confidence in his professional competence.

1.8 Relationship With The Pharmaceutical Industry

The pharmacist and the pharmaceutical industry have a common interest in the promotion and care of the health of the public. Although the closest co-operation between the pharmacist and the pharmaceutical industry is encouraged: 

1.8.1 A pharmacist shall avoid a situation, whereby he, by accepting any financial or material inducement, would compromise his professional judgement on the choice of drug for his patient or client.

1.8.2 A pharmacist shall not participate in the promotion of a drug which is involved in the supply of such drug without discrimination to his patient or client or which by-passes his professional function.

1.8.3 To sustain public confidence in the profession, a pharmacist shall not only choose but also be seen to be choosing the drug which, in his professional judgement and having due regard to economy and rational drug use, will best serve the interest of the patient or client.

PART (II)(2) : ABUSE OF PROFESSIONAL PRIVILEGES AND SKILLS

2.1 Abuse Of Privileges Conferred By Law

The law confers upon the pharmacist certain privileges pertaining to the sale or supply of and generally dealing in drugs. The transactions in such drugs are subjected to statutory control.

2.1.1 Sale Of Drugs And Medical Devices

The sale or supply of medical devices and drugs including drugs of dependence shall only be made in the course of bona fide treatment. No drugs should be sold or supplied in order to gratify the practitioner’s own or any other person’s gratification.

A practitioner shall not sell or supply any drug or medical device where he has any reason to doubt its safety, quality or its therapeutic value, and shall not condone or assist in the dispensing, promotion, or distribution of such drugs or devices.

A practitioner shall take into due consideration the needs and welfare of his patient or client and shall not sell or supply drugs, medical devices or health products which are unnecessary or likely to be misused or abused or in such amounts which are excessive.

A practitioner who solicits patients or clients to purchase drugs, medical devices or health products commits a discreditable act.

2.1.2 Dangerous Drugs

All pharmacists shall abstain from abusing the privileges conferred upon them under the Dangerous Drugs Act 1952 and the Regulations made thereunder.

2.1.3 Sale Of Poisons

It is professionally discreditable and fraught with danger to the public when a pharmacist or body corporate employs an unqualified person who is left in charge of a shop selling or supplying poisons, under the cover of the qualifications of such pharmacist or any other pharmacist employed by such pharmacist or body corporate. No pharmacist or body corporate shall take part in whether by act or omission, or be a party to such discreditable and dangerous practice.

In the sale or supply of poisons, a pharmacist shall take reasonable precautions and measures to ascertain that such poisons sold or supplied are in fact sold or supplied and delivered to bone fide authorized person and for authorized purposes.

2.1.4 Accountability

It is a privilege for a pharmacist to be a legal custodian of poisons and dangerous drugs. By conferring this privilege upon him, not only is he held accountable for such substances as required by law, but, from a moral and ethical point of view, he is expected to exercise professional accountability.

Concurrent with this, the Board is also of the opinion that a body corporate is equally bound to exercise the same degree of accountability as required of a pharmacist. This responsibility is trusted upon a body corporate in return for permitting it to carry on a business of keeping, retailing, dispensing and compounding of poisons, dangerous drugs and therapeutic substances.

2.1.5 Covering

A pharmacist shall not allow any other person to use his licence to cover the sales activity in poisons or dangerous drugs.

2.1.6 Certificates And Documents Of A Kindred Character

Practitioners may from time to time be called upon or requested to give certificates and other documents of a kindred character, signed by them in their practice for administrative purposes.

Practitioners are expected to exercise the most scrupulous care in issuing such documents and shall not sign or give under his name and authority any such certificate or document which is untrue, misleading or improper.

2.2 Abuse Of Privileges Conferred By Custom

A good professional practice depends upon the maintenance of trust between practitioners or their patients or clients, and the understanding of both parties that proper professional relationship be strictly observed. The practitioner shall exercise great care and discretion in order not to injure this crucial relationship.

2.2.1 Abuse Of Confidence

A practitioner shall not improperly disclose information that he obtains in confidence from or about a patient or client.

2.2.2 Undue Influence

A pharmacist may not exert improper influence upon a patient to lend him money or to obtain gifts.

PART (III) : CONDUCT DEROGATORY TO THE REPUTATION OF THE PROFESSION

3.1 Respect For Human Life

The utmost respect for human life should be maintained even under threat, and no use should be made of any professional knowledge contrary to the laws of humanity.

3.2 Personal Behaviour

A pharmacist is expected at all times to observe proper standards of personal behaviour and decency not only in his professional activities but at all times to uphold the high public reputation of the profession.

3.2.1 Personal Misuse Of Alcohol Or Drugs

A pharmacist who performs any professional duty while in a state of intoxication by alcohol or under the influence of drugs commits a discreditable act. No pharmacist shall practise in such a state. Drug abuse by a pharmacist is professionally discreditable.

3.2.2 Dishonesty

A practitioner shall be liable to disciplinary proceedings if he is convicted of criminal deception, forgery, fraud, theft or of any other offence involving dishonesty.

A practitioner shall not sell or supply with prior knowledge any drug or medical device that is defective or is incapable of serving the purpose it is intended for or is falsely or fraudulently labeled or presented.

A practitioner shall not act for improper motives. A practitioner’s motive is considered improper if he sells or supplies any drug or medical device purely for his financial or material benefit, or if such act is motivated by his acceptance of an improper inducement from the supplier of the drug or medical device.

Fee-splitting or any form of kick back arrangements as an inducement to refer patients or clients to other members of the allied profession may be regarded as unethical. A practitioner shall not recommend a particular member of an allied profession or a medical practice unless so requested by his patient or client seeking medical advice.

3.2.3 Indecency And Violence

Any conviction for assault or indecency is derogatory to the dignity of the profession and thus regarded as serious breach of conduct and will be viewed with particular gravity if the offence is committed in the course of a pharmacist’s professional duties or against his patient or colleagues.

3.3 Conflict Of Interest

The practitioner shall avoid any situation in which there ia a conflict of interest with the patient.

PART (IV) : ADVERTISING CANVASSING AND RELATED PROFESSIONAL OFFENCES

4.1 Advertising

The practice by a practitioner of advertising, whether directly or indirectly, for the purpose of promoting his own professional advantage; or for such purpose of procuring or sanctioning, or acquiescing in, the publication of notices commending or directing attention to the professional skill, knowledge, services or qualifications, or depreciating those of others; or of being associated with such advertising or publication, is contrary to the public interest and discreditable to the profession. No practitioner shall therefore resort to any such practice.

4.1.1 The Board recognizes that the profession has a duty to disseminate information about advances in pharmaceutical sciences and therapeutics provided it is done in an ethical manner.

PART (V) : DISCIPLINARY ACTION

Disciplinary action, disciplinary inquiries, and procedure at inquiry shall be dealt with under Regulations (16), (17), and (18), respectively of the Registration of Pharmacists Regulations 1953.