S.I. No. 248/1980:

HEALTH (FAMILY PLANNING) REGULATIONS, 1980.

HEALTH (FAMILY PLANNING) REGULATIONS, 1980.

The Minister for Health, in exercise of the powers conferred on him by sections 3 , 4 , 5 , 7 , 8 and 16 of the Health (Family Planning) Act, 1979 (No. 20 of 1979) hereby makes the following Regulations:--

1. These Regulations may be cited as the Health (Family Planning) Regulations, 1980.

2. (1) In these Regulations "the Act" means the Health (Family Planning), Act, 1979 (No. 20 of 1979).

(2) These Regulations shall come into operation on the 1st day of November, 1980.

3. (1) A health board shall make available a family planning service.

(2) A health board may make such a service available either wholly or partly by way of an arrangement under section 26 of the Health Act, 1970 (No. 1 of 1970) with a body or person to provide such a service.

4. (1) A person seeking the consent of the Minister under section 3 (3) of the Act to the making available of a family planning service shall make an application in Form A in the Schedule to these Regulations and shall give to the Minister any further information which he may request in relation to the proposed service.

(2) A person making a family planning service available under section 3 (3) of the Act,

( a ) shall not provide family planning services other than as specified in the consent and in accordance with such conditions as may be contained therein;

( b ) shall notify the Minister of any change of registered medical practitioner under whose direction and supervision the service is provided;

( c ) shall make an annual report to the Minister of its operations in a form specified by him;

( d ) shall notify the Minister of a termination of the service;

( e ) shall permit such inspections and make available such information in relation to the services being provided as may be required by the Minister.

(3) A consent by the Minister in accordance with this article shall be given for such period as the Minister considers appropriate and may be continued after the expiration of that period for a further period or periods where the Minister is satisfied that the conditions referred to in section 3 (3) (b) of the Act continue to apply.

(4) A consent given by the Minister in accordance with this article may be withdrawn by the Minister where he is satisfied that it is not in the public interest that it should continue to be given or that the service is no longer reasonably required to meet a particular need.

5. (1) A prescription or authorisation referred to in section 4 (1) (b) (ii) of the Act shall:

( a ) state that it is issued for the purposes of the Health (Family Planning) Act, 1979 ;

( b ) bear the name of the person to whom the contraceptives are to be sold;

( c ) bear the name and address of the registered medical practitioner who issues it and shall be signed by him;

( d ) bear the date of its issue;

( e ) be valid for such period not exceeding one year as may be specified in it.

6. A sale of contraceptives under section 4 of the Act shall not be made unless the quantity sought to be purchased is not such as to indicate that they are not solely for the purchasers own use.

7. (1) An application for a licence under section 5 (2) of the Act shall be in the form set out in the Schedule to these Regulations.

(2) In addition to the information furnished in an application for a licence the applicant shall give to the Minister any further information which he may request in relation to the proposed importation.

(3) The fee payable for an import licence shall be --

( a ) £100 where the Minister is satisfied that the contraceptives are required by the person for sale to persons specified in section 4 (1) (b) (i) of the Act, or

( b ) £10 where the person is a person specified in the said section 4 (1) (b) (i).

8. For the purposes of section 7 (1) of the Act, a person may take part in or procure the publication of an advertisement or notice in relation to contraception or contraceptives or may display, or procure the display of contraceptives where --

( a ) such publication or display relates to family planning services which are authorised under the Act, and in the case of services referred to in section 3 (3) of the Act, the publication or display complies with the consent given by the Minister under the said section 3 (3); or

( b ) such publication or display is only such as is reasonably necessary for the purpose of informing

(i) persons providing family planning services in accordance with the Act;

(ii) registered medical practitioners;

(iii) registered pharmaceutical chemists and registered dispensing chemists and druggists;

(iv) persons registered in the register of nurses;

(v) persons who are in training with a view to becoming a member of any of the classes of person specified in sub-paragraphs (ii) to (iv) of this paragraph; or

( c ) such publication or display is arranged by or on behalf of the Minister.

9. Section 8 (4) of the Act (which prohibits the possession of a forged prescription or authorisation or a prescription or authorisation which has been altered with intent to deceive) shall not apply in relation to any of the following persons --

( a ) members of the Garda Síochána when acting in the course of their duty as such;

( b ) persons appointed as inspectors by the Pharmaceutical Society of Ireland when acting in the course of their duty as such;

( c ) persons who have taken into their possession forged specified documents or duly issued specified documents which have been altered with intent to deceive, for the purpose of--

(i) preventing another from committing or continuing to commit an offence under the Act or

(ii) delivering such documents into the custody of a person of a class specified in paragraph (a) or (b) of this article.

SCHEDULE

Form A

Application for consent to the provision of a family planning service under section 3 (3) of the Health (Family Planning) Act, 1979 .

1. Name and address of Applicant.

2. (If the applicant is a company or other corporate body)

Name of Secretary

Address of registered office.

3. Description of the family planning service which it is proposed to provide.

4. Arrangements proposed to ensure that the service includes information, instruction, advice and consultation in relation to methods of family planning that do not involve the use of contraceptives.

5. The place and times at which it is proposed to provide the services.

6. The numbers and kinds of staff who will make the service available and the qualification and training of the staff.

7. The name of the registered medical practitioner under whose general direction and supervision information, instruction, advice or consultation may be provided in accordance with section 3 (4) of the Act.

I certify that the information given by me in this application is accurate and complete.

Signature of applicant.

Date.

Form B

Application for a licence to import contraceptives under section 5 of the Health (Family Planning) Act, 1979 .

1. Name and address of Applicant.

2. (If the Applicant is a company or other corporate body)

Name of Secretary

Address of registered office.

3. If the Applicant is a pharmaceutical chemist or dispensing chemist and druggist state your professional qualifications and the address(es) at which you keep open shop.

4. Does the Applicant require the contraceptives for sale to persons specified in section 4 (1) (b) (i) of the Act or solely for sale by you.

5. If the applicant is not a pharmaceutical chemist or dispensing chemist and druggist state

(i) place of business

(ii) your status in the company or corporation

(iii) to whom it is proposed to sell contraceptives.

6. Specify

( a ) the type or types of contraceptive which it is proposed to import.

( b ) the number of each type of contraceptive it is proposed to import.

7. Has the Applicant been convicted an an offence under the Health (Family Planning) Act, 1979 or of any other offence which might be relevant to this application having regard to section 5 (2) (b) of that Act? If so, give details of the offence.

I certify that the information given by me in this application is accurate and complete.

Signature of Applicant/Secretary

Date.

GIVEN under the Official Seal of the Minister for Health this 30th day of July 1980.

MICHAEL WOODS

Minister for Health

The Minister for Finance consents to article 7(3) of these Regulations. Dated this 30th day of July, 1980.

MICHAEL O'KENNEDY

Minister for Finance

EXPLANATORY NOTE.

These Regulations require health boards to make available a family planning service and indicate the requirements to be met in relation to family planning services provided by other bodies, the issue of prescriptions and authorisations for contraceptives, the import of contraceptives and their advertising and display.