Pharmacy Board wrong to increase fees of pharmacists

THE council of the Pharmacy Board of Trinidad and Tobago was yesterday deemed by a High Court judge to have acted beyond its power in making regulations to increase registration and licence fees for pharmacists. Only the Minister of Health has that power in law, Justice Peter Jamadar ruled at the San Fernando High Court (Civil) in a Consent Order accepted by the State in a lawsuit filed by a south pharmacist. Yesterday’s court order could result in a recall by the council of over $1 million in registration and licence fees charged between 1993 and 2003.

Justice Jamadar granted a declaration by consent that the Pharmacy Board (Amendment) Regula-tions 2004, made by the council and approved by the Health Minister, was illegal, null and void and of no effect. Pharmacists pay a registration fee while owners of pharmacies pay a licence fee. During the period, regulations were made by the council to increase pharmacists’ fees from $300 to $850 per annum. But last month, Madame Justice Mira Dean-Armorer granted pharmacist Mozam Edoo of Rushworth Street, San Fernando leave to challenge the legality of the regulations. Edoo’s attorney Sunil Gopaul Gosine contended that prior to 1981, the council had the power to make regulations regarding the increase of fees. However, this power was taken away by an amended Pharmacy Board Act that vested such powers solely in the hands of the Minister of Health.

Gosine argued that the council formulated its own regulations to increase fees in 1996 and sought approval from the then Health Minister. Further regulations were made in 2003 and again approval was sought. It was granted by way of Legal Notice 128 of 2004.  Gosine submitted that the increased fees charged under the regulations, were null and void. State attorney Carla Beckles represented the Health Minister when the lawsuit came up for hearing before Justice Jamadar in the First Civil Court. An order was granted to quash the regulations made by the council and approved by the Health Minister in Legal Notice No 128 of 2004. It was also ordered by consent that the Council of the Pharmacy Board and the Minister of Health pay Edoo’s legal costs.