Decree of 1922 on Pharmacists and Pharmacies

Decision on Pharmacists and Pharmacies is the final legal text issued in the late period of the Ottoman State, comprehensively regulating the pharmacy profession. This decision established the legal framework for numerous aspects of the profession, from professional qualification requirements to permissions for opening pharmacies, and defined the principles governing its practice. It also contains provisions on the supervision of pharmacies and the sale of medicines without prescriptions, addressing issues relevant to public health.

Historical Background

Systematic regulations concerning the pharmacy profession in the Ottoman State began in the mid-19th century. The “Regulation on Pharmacists in the Ottoman Territories,” dated 17 May 1852, provided the first legal framework in this field. Under this regulation, pharmacy was separated from other trades and placed under the authority of the Ministry of Medicine; a diploma became a requirement for opening a pharmacy, and for the first time, pharmacy was defined as an independent profession. During this period, the number of pharmacy shops was limited, and new pharmacy openings were tied to population growth.

Subsequently, the “Regulation on the Practice of the Municipal Pharmacy Art,” which came into effect on 2 February 1861, amended certain provisions, abolished pharmacy guilds, and relaxed restrictions on the number of pharmacies. However, these regulations eventually proved inadequate and faced various criticisms, particularly regarding the qualifications of pharmacists, pharmacy standards, and drug practices.

By the early 20th century, especially following the proclamation of the Second Constitutional Monarchy (1908), demands for social equality extended to the pharmacy profession. Until then, the right to open a pharmacy in Istanbul had been reserved exclusively for pharmacists born in or residing in Istanbul; demands grew that diploma-holding pharmacists from the provinces should also have this right. These developments necessitated the revision of existing regulations.

In this context, the “Decision on Pharmacists and Pharmacies” was the product of a draft prepared by various commissions and institutions since 1909, but its enactment was delayed due to wars. Formed in the final period of the Ottoman State in response to the need for a modern regulatory framework in pharmacy, it aimed to systematically redefine the practice of the profession, the powers of pharmacists, pharmacy conditions, and oversight mechanisms.

Preparation Process

The “Decision on Pharmacists and Pharmacies” was the outcome of efforts to create a comprehensive pharmacy law long overdue in the late Ottoman period. Preparatory work began in 1909 and continued until the decision entered into force in 1922. During this period, numerous correspondences, drafts, and exchanges of opinions took place among various health-related councils and official authorities.

Initially, Ottoman pharmacy regulations were administered by the Medical Council within the Imperial School of Medicine. Article 47 of the 1861 regulation mandated that disputes in pharmacy practice be resolved by this council. However, by 1869, the Ministry of Civil Medicine and its affiliated Medical Society gradually assumed authority over licensing, punishment, and evaluation in pharmacy matters. A committee composed of physicians, pharmacists, and clerks operated within this institution, and representatives of Istanbul pharmacists also participated in decision-making processes.

In 1909, demands by provincial pharmacists to open pharmacies in Istanbul reignited longstanding debates over the “Istanbul residency requirement.” The Medical Council of Civil Medicine and the Head of Public Health, Besim Ömer Pasha, opposed these demands, emphasizing the sensitivity of the pharmacy profession and its impact on public health. He argued for limiting the number of pharmacies as in European cities, promoting the distribution of diploma-holding pharmacists to the provinces, and ensuring that competition did not compromise health standards.

As a result of these debates, temporary provisions were drafted, and in 1910, a draft article requiring minimum distances between pharmacies was prepared and proposed for implementation. However, the Council of State declared that this provision could not be applied before the entire decision was reviewed and demanded a complete new draft. In 1911, limitations and necessary modifications regarding the application of previous regulations in the provinces were discussed, and it became clear that existing regulations were inadequate. During this period, the Ottoman Pharmacists Society also stated that current regulations were incompatible with scientific progress (1912). However, successive wars—the Italo-Turkish War (1911), the Balkan Wars (1912–13), and the First World War (1914–18)—repeatedly disrupted this legislative process.

In 1920, the Council of State resumed activity with a memorandum questioning the fate of previous drafts, and ultimately revised the proposal with various amendments in 1921 and 1922. During the Council of State’s review of the draft until 1922, numerous linguistic and content corrections were made—for example, preferring the term “pharmacy shop” over “pharmacy.” Simultaneously, technical provisions were added, such as requiring the patient’s name on prescriptions, regulating labels for potent poisons, and narrowly defining “preparations” as substances associated with addiction and abuse.

Following all these modifications, the decision was submitted by the Grand Vizierate to the General Assembly on 28 June 1922 under the phrase “legal proposal,” and was approved by the decree of Sultan Vahideddin on 1 July 1922. The decision entered into force upon publication in the Takvim-i Vekayi on 18 July 1922.

Content of the Decision

The “Decision on Pharmacists and Pharmacies,” dated 1922, consists of 46 articles and comprehensively regulates fundamental issues such as the practice of pharmacy, opening pharmacies, drug production and sale, supervision, on-call services, and penal sanctions. This decision serves as an updated and systematic continuation of the 1861 regulation and the 1916 “General Instructions on Pharmacies.”

Provisions on Pharmacists, Responsible Managers, and Apprentices

The decision established several basic conditions for becoming a pharmacist:

1. Not having been convicted of murder or crimes against honor; possessing a diploma from the Ottoman School of Pharmacy or a license; and being an Ottoman subject or a citizen of a foreign state recognized under the principle of reciprocity (Art. 1).

2. Individuals practicing other professions such as medicine, dentistry, or pharmaceutical trade were prohibited from being pharmacy owners or responsible managers; only pharmacy teachers were permitted to be financial partners (Art. 25). Pharmacists were not granted authority to practice medicine, but were expected to provide first aid in emergency situations (Art. 26).

3. The sale of poisonous and prescription-only drugs without a prescription, the issuance of prescriptions written in secret codes, and the sale of unlicensed preparations were prohibited. Additionally, actions such as forming partnerships with physicians or sharing profits were explicitly banned (Arts. 27–28).

4. A transitional article regulated internal professional transitions, safeguarding the acquired rights of pharmacists and apprentices who had worked prior to the decision; those with ten years of apprenticeship experience were permitted to continue practicing even without a diploma (Art. 44).

Provisions on Pharmacy Shops

1. The decision defines three types of pharmacies: commercial pharmacies, institutional pharmacies (public or private), and municipal pharmacies (Art. 2). Those wishing to open a pharmacy must submit a written application to the relevant health authorities for permission (Art. 3).

2. Capital and liability for a pharmacy must belong to the pharmacist; a pharmacist may serve as responsible manager of only one pharmacy and cannot be a partner in multiple pharmacies (Art. 5). The name of the responsible pharmacist must appear in Turkish on the pharmacy sign and seals (Art. 6).

3. Provisions on the on-call system were introduced, requiring pharmacies to remain open according to a fixed schedule during official and religious holidays and at night (Arts. 17–18). A pharmacist may not close their pharmacy without authorization unless they have a valid excuse (Art. 19).

4. It was stated that detailed technical regulations regarding pharmacy layout, interior equipment, and required drugs would be determined by a separate instruction (Art. 21).

Drugs, Manufacturing, and Prescription Regulations

1. Every pharmacy was required to maintain a complete stock of specified drugs and equipment. The preparation of drugs was based on the Düsturü’l-Edviye, which had the status of an official pharmacopoeia (Art. 7).

2. Poisonous drugs had to be stored in locked cabinets according to color codes. An orange label was designated for potent poisons and a green label for mild poisons (Art. 8).

3. Prescriptions were required to include the physician’s name, address, diploma or license number, and the patient’s name; they had to be written clearly and legibly on only one side (Art. 9). Each drug had to be sealed with a stamp and labeled with a colored tag indicating usage instructions (Art. 10).

4. Every pharmacy had to maintain a prescription register, and a copy of each prescription had to be recorded there (Art. 11). The content of prescriptions could not be altered; only physicians could prepare prescriptions containing dangerous dosages with their written approval (Arts. 12–13).

5. The confidentiality of prescriptions was protected; all prescriptions except those signed and legally binding by physicians were to be returned to the customer (Art. 14). Some drugs were restricted to single preparation, and prices were capped by official tariffs (Arts. 15–16).

Hospital Pharmacies and Restrictions

1. Hospitals with a capacity of fifty beds or more were required to maintain a pharmacy (Art. 32).

2. These pharmacies were prohibited from selling drugs outside the institution; they could provide free medication only to the indigent (Art. 33). They were subject to similar rules as commercial pharmacies but were required to maintain only sufficient quantities of drugs and equipment to meet basic needs (Art. 34).

Supervision and Penalties

1. Pharmacies were subject to inspection at least twice a year (Art. 29). Pharmacists were obligated to present all documents and items during inspections. Damaged drugs were destroyed in the presence of inspectors; in case of disagreement, samples were sent to a chemical laboratory for analysis (Arts. 30–31).

2. The final section of the decision outlines penal provisions. Fines and temporary closures were prescribed for those who opened pharmacies without a license, operated under false names, sold drugs unlawfully, used intoxicating substances, or violated any provisions of the decision (Arts. 35–41).

Legal Status

The “Decision on Pharmacists and Pharmacies,” dated 1922, was enacted by the Istanbul Government during the final period of the Ottoman State. Although titled a “decision,” its inclusion of penal sanctions gives it the legal character of a law. During the same period, the abolition of the Sultanate was also carried out by a decision, demonstrating the de facto equivalence between decisions and laws.

The decision was adopted during a politically turbulent period. After the British occupation of Istanbul on 16 March 1920 and the dissolution of the Chamber of Deputies on 12 April 1920, legislative authority effectively ceased to exist. The Turkish Grand National Assembly (TBMM), established in Ankara on 23 April 1920, declared that it did not recognize the Istanbul Government or any of its decisions. On 30 April 1920, the TBMM Government announced that all agreements and regulations issued by the Istanbul Government were invalid.

Therefore, this decision of 1 July 1922 was issued by the Istanbul Government, which was not recognized by the TBMM Government. Although the decision was published in the Takvim-i Vekayi on 18 July 1922 and entered into force, it remained valid for only a few months; with the abolition of the Sultanate on 1 November 1922, the Istanbul Government and all its decisions became legally invalid.

During the Republican period, although this decision was included in the official compilation known as the Düstur, this does not indicate its continued validity. The Düstur is merely a compilation of texts published in the Takvim-i Vekayi; the Takvim-i Vekayi itself is the official publication that confers legal force upon laws. The TBMM Government decided in 1923 to collect missing copies of the Takvim-i Vekayi and compile all decisions issued by the Istanbul Government. Furthermore, it was decided in 1927 that the Ottoman Government’s Düstur volumes would be reprinted by the Türk Ocakları Press.

Consequently, while the decision was formally enacted according to Ottoman procedures, it was not recognized by the Republican regime and was declared legally invalid. As a result, the 1861 “Regulation on the Practice of the Municipal Pharmacy Art,” which was explicitly repealed by Article 43 of this decision, continued to be applied in practice during the Republican period; it was only formally abolished by the 1927 Law No. 964 on Pharmacists and Pharmacies.