Attorney General Rules Pharmaceutical Society Cannot Issue Practising Licences

The Pharmaceutical Society of Uganda (PSU) has been officially informed that it does not possess the legal mandate to issue annual practising licences to pharmacists. This directive comes from the Ministry of Health, following a legal opinion provided by Solicitor General Pius Perly Biribonwoha.

The ruling clarifies that the statutory powers to regulate, register, and license pharmacists are vested in the Pharmacy Board and its registrar, not the PSU. This dispute arose when the PSU began converting its annual membership certificates into practising licences for members who had paid their dues.

According to the Solicitor General’s legal opinion, while the PSU plays a crucial role in areas like membership, professional standards, and education, the Pharmacy and Drugs Act does not grant it the authority to issue practising licences. Instead, the Act designates these responsibilities to the Pharmacy Board and the registrar, who are responsible for maintaining the register of pharmacists and issuing registration certificates upon payment of prescribed fees.

Biribonwoha emphasized that PSU membership and statutory registration as a pharmacist are distinct. Membership is relevant to the registration process, but it does not empower the Society to determine a pharmacist’s legal right to practise. Consequently, paying PSU membership subscriptions cannot be equated to paying for a statutory practising licence.

The Ministry of Health, through Director General Health Services Prof Charles Olaro, has instructed the PSU to stop issuing these licences and to ensure all communications clearly differentiate between Society membership and official statutory registration. This distinction is deemed essential to prevent confusion among pharmacists, employers, and regulatory bodies.

The PSU is also required to collaborate with the Pharmacy Board and the registrar to facilitate a smooth transition and inform all relevant stakeholders about these changes. The Solicitor General also noted that while ceasing PSU membership might have implications for statutory registration, the Society itself cannot independently revoke a pharmacist’s legal right to practise.