S.I. No. 312/1992:

HEALTH (FAMILY PLANNING) REGULATIONS, 1992.

HEALTH (FAMILY PLANNING) REGULATIONS, 1992.

The Minister for Health, in exercise of the powers conferred on him by the Health Family (Planning) Act, 1979 (No. 20 of 1979) and the Health Family Planning (Amendment) Act, 1992 (No. 20 of 1992) hereby makes the following Regulations:--

1. These Regulations may be cited as the Health (Family Planning) Regulations, 1992.

2. (1) Every health board shall, as soon as may be provide or make available a family planning service comprising a comprehensive service for the provision of information, instruction and consultation in relation to methods of family planning.

(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 any person, other than a health board, to provide such a service.

3. Contraceptive sheaths may be supplied to an individual, otherwise than by way of sale, if--

( a ) they are supplied to that person for the purpose of preventing HIV or any other sexually transmissible disease, and

( b ) they are supplied by a person designated in section 4 (1) (b) (i) (I), (II), (III), (IV) or (V) of the Act of 1992 or, subject to the consent of the Minister, by a person providing services relating to HIV or any other sexually transmissible disease.

4. A person shall not sell contraceptive sheaths or supply contraceptive sheaths otherwise than by way of sale, unless they comply with an official national standard of a Member State of the European Communities or are of a standard which, in the opinion of the Minister, conforms to any such standard.

5. (1) An application for a licence under section 5 (2) of the Health (Family Planning) Act, 1979 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 of 1992;

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

6. (1) A person may take part in or procure publication of an advertisement or notice in relation to contraceptives, other than contraceptive sheaths, or may display or procure the display of contraceptives where--

( a ) such publication or display relates to family planning services, or

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

(i) a person providing family planning services in accordance with the Acts,

(ii) a registered medical practitioner,

(iii) a registered pharmaceutical chemist or registered dispensing chemist and druggist,

(iv) a person who is in training with a view to becoming a member of any of the classes of person specified in sub-paragraph (i) to (iii) of this paragraph, or

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

(2) ( a ) Subject to sub-article (3), a person may take part in or procure the publication of an advertisement or notice in relation to contraceptive sheaths, if--

(i) the publication of the advertisement or notice is conducted only through a printed publication, and

(ii) the publication of the advertisement or notice is such only as is reasonably necessary to informing persons about the benefits of the product, and

(iii) the publication does not appear in a publication apparently directed primarily to persons under 17 years of age.

( b ) Sub-Article (a) of this Article does not apply to advertisements or notices in relation to contraceptive sheaths the publication or display of which is arranged by or on behalf of the Minister.

(3) A person may advertise or display contraceptive sheaths, if the advertisement or display is associated with the sale, or supply otherwise by way of sale, of contraceptive sheaths.

SCHEDULE.

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

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 registered 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 of an offence under the Act or of any other offence which might be relevant to this application having regard to section 5 (2) (b) of the 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............................................................ .......................

GIVEN under my Official Seal this 29th day of October, 1992.

DR. JOHN O'CONNELL,

Minister for Health.

The Minister for Finance consents to Article 5 (3) of these Regulations.

Dated this 29th day of October, 1992.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

These regulations require health boards to make available comprhensive family planning services, either directly or by way of an arrangement with another body. The regulations also provide for the supply of contraceptive sheaths, other than by way of sale, for the importation of contraceptives and for their advertising and display and for standards for contraceptive sheaths.