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Health (Family Planning) Act, 1979

Control of sale and supply of contraceptives.

4.(1) A person shall not sell contraceptives unless—

(a) the sale is in accordance with regulations for the purposes of this subsection relating to the sale of contraceptives, and

(b) (i) he is, or is a servant or agent acting as such of, a pharmaceutical chemist, or a dispensing chemist and druggist, who keeps open shop for the compounding and dispensing of medical prescriptions in accordance with the provisions of the Pharmacy Acts, 1875 to 1977, and the sale is made at the place where he keeps open shop or he is such a pharmaceutical chemist, or dispensing chemist and druggist, as aforesaid, and the sale is made, in connection with the service provided by the person in keeping such open shop as aforesaid, at a place where family planning services are made available under section 3 of this Act, and

(ii) the person to whom the contraceptives are sold is named in a prescription or authorisation in writing for the contraceptives of a registered medical practitioner and is a person who, in the opinion of the practitioner formed at the time of the giving of the prescription or authorisation, sought the contraceptives for the purpose, bona fide, of family planning or for adequate medical reasons and in appropriate circumstances and the prescription or authorisation bears an indication that it is given for the purposes of this Act, or

(c) (i) he is, or is a servant or agent acting as such of, a person who holds a licence granted to him under section 5 or 6 of this Act and for the time being in force and the sale is in accordance with the licence, and

(ii) the sale is to a person specified in subparagraph (i) of paragraph (b) of this subsection.

(2) A registered medical practitioner may, for the purposes of this Act, give a prescription or authorisation for a contraceptive to a person if he is satisfied that the person is seeking the contraceptive, bona fide, for family planning purposes or for adequate medical reasons and in appropriate circumstances and, where a prescription or authorisation of a registered medical practitioner in relation to a contraceptive bears an indication that it is given for the purposes of this Act, it shall be conclusively presumed, for the purposes of this section, that the person named in it is a person who, in the opinion of the practitioner formed at the time of the giving of the prescription or authorisation, sought the contraceptive for the purpose, bona fide, of family planning or for adequate medical reasons and in appropriate circumstances.

(3) A person shall not supply contraceptives otherwise than by way of sale under and in accordance with this section.

(4) A person who contravenes this section, or regulations for the purposes of this section, shall be guilty of an offence.