First Session, 45th General Assembly

53 Elizabeth II, 2004

BILL 35

AN ACT TO AMEND THE PHARMACEUTICAL

ASSOCIATION ACT, 1994

Received and Read the First Time

Second Reading

Committee

Nov. 30/04 Amendment

Third Reading

Royal Assent

HONOURABLE JOHN OTTENHEIMER

Minister of Health and Community Services

Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would amend the Pharmaceutical Association Act, 1994 to

effect changes recommended in government's White Paper on the regulation of

professional organizations. In

particular, the Bill would provide for the establishment of a licensing board

separate from the association, which would be limited in future to advocating

on behalf of pharmacists. As well, the

Bill would provide for a new disciplinary regime to investigate, hear and

determine complaints respecting misconduct by pharmacists in their professional

capacity.

A BILL

AN ACT TO AMEND THE PHARMACEUTICAL

ASSOCIATION ACT, 1994

Analysis

Long title R&S

2. S.1 R&S

Short title

S.2 Amdt.

Definitions

S.3 Amdt.

Non-application of Act

Ss.5&6 R&S

PART

I.1

LICENSING BOARD

5. Licensing board

5.1 Appointed members

6. Objects

S.7 Amdt.

Powers

S.8 Amdt.

Annual general meeting

8. S.8.1 Added

Annual report

S.9 R&S

By-laws

Ss.10 to 13 Rep.

10. Council

11. Council members

12. Quorum

S.13 R&S

Committees

S.14 R&S.

Regulations

S.14.1 Amdt.

Fees and forms

14. S.15 Amdt.

Registers

15. S.16 Amdt.

Entry on register

16. S.17 Amdt.

information

S.18 Amdt.

Certificate of registration

18. S.20 Amdt.

Registration of students

S.21 Amdt.

Registration of pharmacists

20. S.23 Amdt.

Prohibitions

21. S.24 Amdt.

Prohibitions

22. S.25 Amdt.

Pharmacy licence

23. S.27 Amdt.

Responsibility

24. S.29 R&S

Inspection

S.30 Amdt.

Cessation of operation

S.32 R&S

Action prohibited

S.33 Rep.

Notices

28. S.34 Amdt.

Notices

29. S.34.1 R&S

Compliance with request for information

PART IV R&S

PART

DISCIPLINE

Definitions

36. Committees

37. Allegation

38. Effect of filing

allegation

39. Complaints

authorization

committee

40. Adjudication tribunal

41. Hearing

42. Guilty plea by

respondent

43. Powers of adjudication

tribunal

44. Filing and publication

of decisions

45. De-registration and

suspension

46. Failure to comply

47. Supplementary hearing

48. Costs of board

49. Collection of fine

50. Appeal to Trial

Division

31. S.59 Amdt.

Substitute drugs

32. S.60 Amdt.

Price

S.64 Amdt.

Advisory committee

S.65 R&S

Contravention

S.68 Rep.

Fines

36. Transitional

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1994 cP-12.1

as amended

1. The

Long Title of the Pharmaceutical Association Act, 1994 is repealed and the following

substituted:

"AN ACT TO REGULATE THE PRACTICE OF

PHARMACY"

Section 1 of the Act is repealed and the

following substituted:

Short title

1. This

Act may be cited as the Pharmacy Act .

(1) Paragraph 2(

a) of the Act is repealed and

the following substituted:

(a) "association" means the Pharmacists'

Association of Newfoundland and Labrador Inc. referred to in

section 4;

(a.1) "board" means the Newfoundland and

Labrador Pharmacy Board referred to in

section 5;

(2) Paragraphs 2(

c) and (

d) of the Act are

repealed.

(3) Section 2 of the Act is amended by adding

immediately after paragraph (

d) the following:

(d.1) "department" means the department

presided over by the minister;

(4) Paragraph 2(

i) of the Act is repealed.

(5) Paragraph 2(

k) of the Act is repealed and the

following substituted:

(k) "member" means a person elected or

appointed as a member of the board.

(6) Paragraph 2(

l) of the Act is repealed and the

following substituted:

(l) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(7) Paragraph 2(

q) of the Act is repealed and the

following substituted:

(q) "secretary-registrar" means the

person appointed as secretary-registrar by the board under

section 5;

Section 4 of the Act is repealed and the

following substituted:

Association

established

(1) The

Pharmacists' Association of Newfoundland and Labrador Inc. is established as a

corporation without share capital for the purposes of

Part XXI of the Corporations Act .

(2) The objects of the association shall include,

notwithstanding anything in the by-laws of the association,

(

a) promoting and advancing pharmacy and related

disciplines, increasing the knowledge, skill, standards and proficiency of its

members in the practice of pharmacy and maintaining the honour and integrity of

the profession of pharmacy;

(

b) promoting liaison among the various branches

of pharmacy; and

(

c) negotiating with providers of prescription

drug payment programs.

(3) A pharmacist who pays the membership fee set

by the association is a member of the association notwithstanding anything in

the by-laws of the association.

(4) Notwithstanding its incorporation under this

Act, the association shall be governed by the Corporations Act for all purposes, including a change of the name

of the association.

5. Sections 5 and 6 of the Act are repealed and

the following substituted:

PART I.1

LICENSING BOARD

Licensing board

(1) The Newfoundland Pharmaceutical Association is continued under the name

Newfoundland and Labrador Pharmacy Board as a corporation without share capital

for the purposes of

Part XXI of the Corporations

Act .

(2) The board shall consist of:

(a) 7 members elected from and by registered

pharmacists in accordance with the by-laws;

(b) 2 members appointed under

section 5.1 who are

not registered pharmacists; and

(

c) the secretary-registrar of the board appointed

by the other members of the board in accordance with the by-laws, who shall not

vote on a matter before the board, its executive or a committee of the board.

(3) A member of the board of the association is

ineligible to be a member of the board.

(4) A member may be elected for a term set by the

by-laws which shall not exceed 3 years and is eligible to be re-elected, but

shall not be a member for more than 9 consecutive years.

(5) An elected member may resign by written notice

to the board.

(6) Where an elected member resigns, dies or

becomes incapable of performing his or her duties, the remaining members shall

appoint a replacement to serve until the next annual general meeting.

(7) Elected members shall serve without payment

for their services, but their travel and other expenses associated with their

duties as members shall be paid by the board, in accordance with the by-laws.

(8) The board may pay the secretary-registrar for performing

his or her duties under this Act, in accordance with the by-laws.

(9) The board shall elect an executive from the

members including a chairperson who chairs meetings of the board, a

vice-chairperson who shall preside over meetings in the absence of the

chairperson and other officers as provided for in the by-laws.

Appointed members

5.1

(1) The

minister shall appoint 2 members of the board who are not registered

pharmacists who are suitable to represent the public interest.

(2) A person appointed under subsection (1) holds

office for a term of 3 years and is eligible to be re-appointed.

(3) Where a person appointed under subsection

(1) holds office for a period of 9 consecutive years the person is not eligible for

appointment as a member of the board until the expiration of 12 months from the

end of the year in which he or she was last a member.

(4) Where the term of office of a person appointed

under this

section expires, he or she continues to be a member of the board

until re-appointed or replaced.

(5) The board shall pay the expenses of a person

appointed to the board under this

section in accordance with guidelines

established by the Lieutenant-Governor in Council.

(6) A person appointed under subsection (1) may be

removed from office by the minister before the expiration of his or her term of

office and no compensation shall be paid to him or her other than an amount

owing under subsection (5).

(7) A person appointed under subsection (1) may

resign from the board by written notice to the minister.

Objects

6. The

objects of the board are

(

a) to establish and maintain standards of

professional conduct, knowledge, education, qualification, skill and ethics

among registered pharmacists;

(

b) to assure to the general public, proficiency

and competency in the practice of pharmacy;

(

c) to regulate and govern registered pharmacists

and the practice of pharmacy;

(

d) to establish, maintain and develop standards

for the operation of pharmacies;

(

e) to administer this Act and perform duties and

exercise powers that are imposed or conferred on the board; and

(

f) to serve and protect the public interest in

all matters relating to the sale of drugs and the practice of pharmacy.

(1) Section 7 of the Act is amended by striking

out the word "association" wherever it occurs and substituting the

word "board".

(2) Paragraphs 7(

e) to (

g) of the Act are

repealed.

(3) Paragraph 7(

i) of the Act is amended by

striking out the word "members" and substituting the word

"persons".

(4) Paragraph 7(

l) of the Act is amended by

striking out the word "member" and substituting the word "

pharmacist".

Section 8 of the Act is repealed and the

following substituted:

Meetings of the

board

(1) A

quorum of the board is 5 members, one of whom shall be an appointed member and

a majority vote of those present at a meeting decides a question.

(2) Where there is an equality of votes the

chairperson of the board shall cast a second deciding vote.

(3) The board shall hold an annual general

meeting, to which all registered pharmacists shall be invited, to elect the

members of the board.

(4) At the annual general meeting the board shall

appoint an auditor to audit the accounts of the board and report on the

financial statement prepared by the board.

(5) Except where prohibited in the by-laws, a

member of the board may, where all the members consent, participate in a

meeting of the board by means of the telephone or other telecommunication

device that permits all persons participating in the meeting to communicate

with each other.

(6) The board may in its by-laws provide for

voting by registered pharmacists at the annual general meeting to be held by

mail or electronic means.

8. The Act is amended by adding immediately after

section 8 the following:

Annual report

8.1

(1) The

board shall prepare and submit to the minister before July 1 in a year

(

a) a report on the activities of the board; and

(

b) the board's audited financial statements.

(2) Where the board fails to comply with

subsection (1), the board is guilty of an offence and on

summary conviction may

be fined $1,000.

Section 9 of the Act is repealed and the

following substituted:

By-laws

(1) The

board may make by-laws not inconsistent with this Act respecting

(

a) the holding of its meetings and the procedure

at those meetings;

(

b) the appointment, remuneration and duties of

the secretary-registrar;

(

c) the election of members under subsection 5(2)

and setting the terms of office;

(

d) the payment of travel and other expenses of

elected members;

(

e) the election of an executive under subsection

5(9);

(

f) a code of ethics which may include a

definition of "professional misconduct" and "conduct

unbecoming" for the purposes of

Part IV and methods of advertising

considered advisable for pharmacists and pharmacies;

(

g) the remuneration and payment of travel

expenses of members of adjudication panels;

(

h) the application and variation of the rules of evidence

at hearings held under

section 41;

(

i) limiting the participation of members at a

meeting of the board by telephone or other telecommunications device under

section 8;

(

j) providing for voting at the annual general

meeting of the board by mail or electronic means;

(

k) the types of registers to be kept by the

secretary-register and the information to be maintained on those registers;

(

l) the appointment and definition of duties of

examiners;

(

m) the issuance and term of certificates and

licences; and

(

n) information required from applicants for

registration or licensing.

(2) A by-law may be made, amended or repealed at a

meeting of the board provided that 30 days notice, in writing, of the making,

amendment or repeal of the by-law and of the meeting are given to members.

(3) The by-laws of the Newfoundland Pharmaceutical

Association in operation at the coming into force of this Act shall be the

by-laws governing the board until revoked or amended by the board in accordance

with this section.

(4) The board shall have its by-laws available for

inspection by the public on reasonable notice and at reasonable hours.

10. Sections 10, 11 and 12 of the Act are repealed.

Section 13 of the Act is repealed and the

following substituted:

Committees

13. The

board may appoint committees to carry out duties and functions directed by the

board.

Section 14 of the Act is repealed and the

following substituted:

Regulations

(1) The

board may, with the approval of the minister, make regulations

(

a) respecting the registration of pharmacy

students;

(

b) respecting the educational, internship,

practical training or other requirements for registration and for the standard

of the practice of pharmacy, including provisions for mandatory continuing education

of registered pharmacists;

(

c) respecting all aspects of the dispensing,

selling, handling and destruction of drugs;

(

d) prescribing courses of study, practical

training requirements and examinations;

(

e) prescribing, with respect to drugs, drug

products and substances

(

i) schedules,

(ii) conditions for dispensing and sale,

(iii) concentrations and manner of preparation, and

(iv) control to be exercised by a person;

(

f) respecting the

adoption of schedules enacted under the Food

and Drugs Act ( Canada ) and the Controlled Drugs and

Substances Act ( Canada );

(

g) respecting the maintenance of prescriptions,

prescription copies, records, the use of computers or other technology and the

information to be collected and retained by computer or other technology;

(

h) respecting the transfer of records,

prescriptions or other information by facsimile or other technology;

(

i) prescribing

(

i) the tasks within the practice of pharmacy that

may be delegated by a registered pharmacist to a pharmacy student or person

within a specified class,

(ii) the characteristics and qualifications of the

specified class of persons referred to in subparagraph (i),

(iii) the level of supervision required where

delegation is permitted under subparagraph (i), and

(iv) other conditions on the delegation of tasks;

(

j) respecting alternative dispute resolution for

the purposes of

Part IV and the procedure for that resolution;

(

k) prescribing time limits for events in the

disciplinary process under

Part IV, including time limits for:

(

i) the filing of an allegation,

(ii) the resolving of an allegation by the

secretary-registrar,

(iii) the conduct of an investigation under

section

39,

(iv) consideration of an allegation by the

complaints authorization committee following completion of an investigation,

(

v) responding to a complainant and respondent at

each stage of the process,

(vi) the conduct of a practice investigation under

subparagraph 39(3)(c)(ii),

(vii) the appointment of an adjudication tribunal

under

section 40, and

(viii) the conduct of a hearing and the filing of a

decision or order by an adjudication tribunal following completion of the

hearing;

(

l) prescribing the duties of a pharmacist in

charge of a pharmacy; and

(

m) generally, to give effect to the purpose of

this Act.

(2) Notwithstanding subsection (1), the minister

may make regulations to prescribe time limits for events in the disciplinary

process under

Part IV where the board does not do so within a time the minister

considers reasonable.

Section 14.1 of the Act is amended by striking

out the word "association" and substituting the word

"board".

14. (1) Subsection 15(1) of the Act is repealed and

the following substituted:

Registers

(1) The

secretary-registrar shall maintain registers containing the names of those

qualified and registered to practise pharmacy in the province and other

registries and information required by the by-laws.

(2) Section 15 of the Act is amended by adding

after subsection (2) the following :

(3) The board shall have its registers available

for inspection by the public on reasonable notice and at reasonable hours.

15. (1) Subsection 16(1) of the Act is amended by

striking out the word "council"

and substituting the word "board".

(2) Subsection 16(3) of the Act is repealed and

the following substituted:

(3) A person or corporation may appeal a decision

of the secretary-registrar regarding entry on a register of that person or

corporation to the board by filing a notice of appeal with the chairperson at

the offices of the board within 30 days of receiving notice of the decision.

16. Subsection 17(1) of the Act is amended by

striking out the word "regulation" and substituting the words

"the by-laws".

Section 18 of the Act is amended by adding the

following immediately after subsection (2):

(3) It is a condition of the issuing of a

certificate of registration under this

section that the person to whom the

certificate is issued be a member of the association or within one month of the

date of issuing the certificate become a member of the association, and the

failure of that person to comply with this condition makes the certificate void

from that date.

Section 20 of the Act is amended by striking

out the word "council" and substituting the word "board".

(1) Section 21 of the Act is amended by

striking out the word "association" wherever it occurs and

substituting the word "board".

(2) Paragraph 21(1)(

c) of the Act is amended by

striking out the word "council" and substituting the word

"board".

(3) Paragraph 21(2)(

a) of the Act is amended by

striking out the word "regulations" and substituting the word

"by-laws".

(4) Paragraph 21(2)(

b) of the Act is amended by

striking out the word "association" and substituting the word

"board".

(5) Subsection 21(2) of the Act is amended by

adding immediately after paragraph (

b) the following:

(b.1) provides proof that he or she has obtained

professional liability insurance coverage in a form and amount satisfactory to

the board;

(6) Paragraph 21(2)(

c) of the Act is amended by

striking out the word "council" and substituting the word

"board".

20. Subsection 23(2) of the Act is repealed and the

following substituted:

(2) A pharmacist may, where enabling regulations

are made under

section 14, delegate tasks within the practice of pharmacy to a

pharmacy student or a person within a prescribed class, under the prescribed

level of supervision and in accordance with other conditions that may be

imposed by the regulations.

21. Paragraph 24(1)(

b) of the Act is repealed and

the following substituted:

(

b) employ a person who is not a pharmacist or

otherwise entitled under this Act to dispense a prescription or prepare or

compound drugs;

22. Subsection 25(1) of the Act is amended by

striking out the words "carry out the practice of pharmacy" and

substituting the words "dispense or sell a drug".

23. Subsection 27(3) of the Act is repealed and the

following substituted:

(3) The duties of the pharmacist in charge shall

be as set out in the regulations.

(4) In this section, the pharmacist in charge of a

pharmacy is the person designated on the licence issued under

section 25.

Section 29 of the Act is repealed and the

following substituted:

Inspection

29. The

secretary-registrar or a person authorized by him or her may inspect an

existing or proposed pharmacy.

25. Subsections 30(1) and (2) of the Act are

amended by striking out the word "association" wherever it occurs and

by substituting the word "board".

Section 32 of the Act is repealed and the

following substituted:

Action prohibited

32. An

action for damages shall not lie against the board, a committee established

under this Act, the disciplinary panel, an adjudication tribunal or the

individual members of those bodies, the secretary-registrar, or an officer or

employee of the board for

(

a) an act or failure to act, or a proceeding

initiated or carried out in good faith under this Act, or carrying out their

duties or obligations as an officer, employee or member under this Act; or

(

b) for a decision or order made or enforced in

good faith under this Act.

Section 33 of the Act is repealed.

Section 34 of the Act is amended by adding

immediately after subsection (2) the following:

(3) A notice or demand sent by mail to a person is

considered to be received by that person

(

a) when they actually receive the notice; or

(

b) except when postal services are not functioning,

on the expiry of 10 days after the date it was sent,

whichever is earlier.

Section 34.1 of the Act is repealed and the

following substituted

Compliance with

request for information

34.1

(1) For

the purpose of the administration of the Newfoundland and Labrador Prescription

Drug Program, including for the purpose of processing, monitoring, verifying or

reimbursing claims for payment under the program and program development and

evaluation, and upon the request of an employee of the department authorized by

the minister, a pharmacist shall provide the information that the employee requests

with respect to prescription drugs prescribed to a resident of the province and

received by that resident with the assistance of the Newfoundland and Labrador

Prescription Drug Program.

(1.1) An employee of the department authorized to do

so by the minister may provide the information obtained under subsection (1) to

an agent of the department approved by the minister for the purpose who may use

it for the purposes for which it was obtained on behalf of the minister.

(2) The information requested under subsection (1)

may include

(

a) prescriptions, patient records, notes and

other documents held by the pharmacist; and

(

b) photocopies of the information referred to in

paragraph (a).

(3) An action for damages does not lie against a

pharmacist or a pharmacy solely because the pharmacist provides the information

requested of him or her under subsection (1).

(4) A pharmacist is not guilty of professional

misconduct solely because that pharmacist provided information requested of him

or her under subsection (1).

Part IV of the Act is repealed and the

following substituted:

PART IV

DISCIPLINE

Definitions

(1) In

this Part,

(a) "allegation" means a written

document alleging that a person has engaged in conduct deserving of sanction;

(b) "complainant" means a person making

an allegation described in

section 37;

(c) "conduct deserving of sanction"

includes

(

i) professional misconduct,

(ii) professional incompetence,

(iii) conduct unbecoming a pharmacist, and

(iv) acting in breach of this Act, the regulations,

or the code of ethics made under

section 9;

(d) "costs incurred by the board"

includes

(

i) out of pocket expenses incurred by or on

behalf of the board,

(ii) amounts paid by the board to adjudication

tribunal members as remuneration and for expenses, and

(iii) the actual cost of legal counsel for the board

and the adjudication tribunal;

(e) "disciplinary panel" means the panel

of persons appointed under

section 36 from which the members of an adjudication

tribunal are chosen; and

(f) "respondent" means a registered

pharmacist or a former registered pharmacist against whom an allegation is

made.

Committees

(1) The

board shall appoint the chairperson, vice-chairperson and members of the

complaints authorization committee, and the registered pharmacists to serve on

the disciplinary panel, one of whom shall be appointed the chairperson.

(2) The complaints authorization committee shall

consist of at least 3 persons, all of whom shall be members of the board, and

at least one of whom shall be a member who was appointed by the minister.

(3) The secretary-registrar is not eligible to be

a member of the complaints authorization committee.

(4) The disciplinary panel shall consist of not

less than 10 registered pharmacists who are not members of the board and not

less than 3 persons who are not registered pharmacists who shall be appointed

by the minister to represent the public interest.

(5) Of the members first appointed to the

disciplinary panel, one half shall be appointed for a term of 2 years and the

remainder for a term of 3 years and all subsequent appointments of members to

the disciplinary panel shall be for a term of 3 years.

(6) Notwithstanding the expiry of his or her term,

a member of the disciplinary panel continues to be a member until he or she is

re-appointed or his or her replacement is appointed.

(7) Persons appointed to the disciplinary panel

may be reappointed.

(8) Members of the disciplinary panel shall serve

as a member of the panel without payment for their services, but may be remunerated

for service as a member of an adjudication tribunal and paid their travel and

other expenses associated with the work of that tribunal by the board, in

accordance with and at the rates set by the by-laws.

(9) The complaints authorization committee and an

adjudication tribunal appointed under

section 40 and a person appointed by either

of them may summon witnesses and require those witnesses to give evidence,

orally or in writing, upon oath or affirmation, and produce the documents and

things that either of them considers necessary to the full investigation and

hearing of an allegation or complaint and shall have the powers, privileges and

immunities that are conferred on a commissioner appointed under the Public Inquiries Act.

Allegation

(1) An

allegation shall be in writing and signed by the complainant or his or her

solicitor, and filed with the secretary-registrar.

(2) The secretary-registrar may on his or her own

motion make an allegation and file it, and the allegation shall have the same

effect as an allegation referred to in subsection (1).

(3) Where the secretary-registrar has been

informed that a respondent has been convicted of an offence under the

provisions of the Criminal Code or a

similar penal statute of another country or has been suspended by a governing

body of pharmacists in another province or territory of Canada or another territory

or country for reason of professional misconduct, conduct unbecoming a

pharmacist or professional incompetence, the information shall be dealt with by

the secretary-registrar as an allegation.

Effect of filing

allegation

(1) Where

it appears to the secretary-registrar after notifying the respondent of the

allegation that the allegation may be resolved satisfactorily and where the

complainant and the respondent consent, the secretary-registrar may attempt to

resolve the matter.

(2) Where the allegation is not satisfactorily

resolved by the secretary-registrar under subsection (1), the

secretary-registrar shall refer the allegation and all other allegations to the

complaints authorization committee.

(3) The secretary-registrar shall inform a complainant

and a respondent of the referral of the allegation to the complaints

authorization committee.

Complaints

authorization committee

(1) After

an allegation has been submitted to the complaints authorization committee, the

committee may exercise one of more of the following powers:

(

a) refer the allegation back to the

secretary-registrar for an investigation or alternative dispute resolution in

accordance with the regulations;

(

b) conduct an investigation itself or appoint a

person to conduct an investigation on its behalf; and

(

c) require

the respondent to appear before it.

(2) Where the complaints authorization committee

is of the opinion there are no reasonable grounds to believe the respondent has

engaged in conduct deserving of sanction, the committee shall dismiss the

allegation and give notice in writing of the dismissal to the complainant.

(3) Where the complaints authorization committee

is of the opinion that there are reasonable grounds to believe that a

respondent has engaged in conduct deserving of sanction, the allegation shall

be considered as constituting a complaint, and the committee may

(

a) counsel or caution the respondent; or

(

b) instruct the secretary-registrar to file the

complaint against the respondent and refer it to the disciplinary panel; and

(

c) recommend to the board that

(

i) the respondent's practice be suspended or

restricted, or

(ii) the secretary-registrar conduct an

investigation of the respondent's practice, and where the board approves an

investigation the secretary-registrar shall conduct it,

at any time before a final determination by

the adjudication tribunal.

(4) A person conducting an investigation under

paragraph (1)(

a) or (

b) or subparagraph (3)(c)(ii) may require

(

a) the respondent to

(

i) undergo practical and other examinations he or

she considers necessary and as arranged by the secretary-registrar or the

board, and

(ii) permit the secretary-registrar or a member of

the board or another person appointed by the board to inspect and copy the

records of the respondent and other documents relating to the subject matter of

the investigation; and

(

b) another person to permit the

secretary-registrar or a member of the board or another person appointed by the

board to inspect and copy records of the respondent and other documents

relating to the subject matter of the investigation held by that person,

and the respondent or other person shall

comply.

(5) Where the secretary-registrar, a member of the

board or another person appointed by the board requires that a respondent or

other person provide information under subsection (4), that information shall

be provided within 7 days of receipt of the request or a different period as

specified in the request.

(6) An action for damages does not lie against a

registered pharmacist or another person to whom a request is made solely

because he or she provides information requested of him or her under subsection

(4).

(7) Where the complaints authorization committee

recommends to the board that a respondent's practice be suspended, restricted

or investigated the board may

(

a) decide not to act on the recommendation; or

(

b) suspend, restrict or investigate the

respondent's practice.

(8) A complainant whose allegation is dismissed by

the complaints authorization committee under subsection (2) may within 30 days

after receiving notice of the dismissal appeal the dismissal to the Trial

Division by filing a notice of appeal with the Registrar of the Supreme Court.

Adjudication

tribunal

(1) For

the purpose of dealing with complaints referred to the disciplinary panel, the

chairperson of the disciplinary panel shall appoint from it an adjudication

tribunal consisting of 3 persons, of whom 2 shall be registered pharmacists and

one shall be a member of the panel appointed to represent the public interest.

(2) The chairperson of the disciplinary panel

shall appoint one of the registered pharmacists on an adjudication tribunal to

be the chairperson.

Hearing

(1) Where

a complaint has been referred under paragraph 39(3)(b), an adjudication

tribunal shall hear the complaint.

(2) The rules of evidence applicable in civil

proceedings are applicable at a hearing except as varied in the by-laws.

(3) The parties to a hearing are the board and the

respondent and a party may be represented by his or her counsel at a hearing.

(4) A hearing shall be conducted in public but an

adjudication tribunal may exclude the public from a hearing, or from part of

it, where it considers the desirability of protecting a party to the complaint

or another person against the consequences of possible disclosure of personal

matters outweighs the desirability of holding the hearing in public.

Guilty plea by

respondent

(1) Where

a respondent pleads guilty to one or more of the charges set out in a

complaint, the adjudication tribunal shall, without calling evidence or hearing

witnesses, unless the tribunal believes it is appropriate to do so, hear

submissions from the parties.

(2) Where a respondent pleads guilty, and

following submissions under subsection (1), the adjudication tribunal may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

fixed period that it considers appropriate, until conditions which it may

impose are fulfilled, or until further order of the adjudication tribunal;

(

c) allow or direct the respondent to surrender

his or her certificate to the board upon those conditions that may be

considered appropriate and strike the respondent's name from the register;

(

d) impose a fine not to exceed $10,000 to be paid

to the board;

(

e) order that the respondent pay the costs or a

part of the costs incurred by the board

in the investigation and hearing of the complaint;

(

f) order that the secretary-registrar publish a

summary of the decision including the information set out in subsection 44(4)

and other information that the tribunal may specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment,

(

v) engage in continuing education programs,

(vi) report on his or her compliance with an order

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(vii) restrict his or her professional practice or

continue his or her practice under specified conditions, or

(viii) impose other requirements that are just and

reasonable in the circumstances.

Powers of

adjudication tribunal

(1) Upon

the hearing of a complaint, an adjudication tribunal shall decide whether or

not a respondent is guilty of conduct deserving of sanction.

(2) Where an adjudication tribunal decides that a

respondent is not guilty, it shall dismiss the complaint and may, where it

believes that the submission of the complaint to the tribunal for a hearing was

unreasonable,

(

a) order that those costs that the tribunal

considers appropriate be paid by the board to the respondent; and

(

b) make another order that it considers

appropriate.

(3) Where an adjudication tribunal decides that a

respondent is guilty, it may

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

fixed period that it considers appropriate, until conditions which it may

impose are fulfilled, or until further order of the adjudication tribunal;

(

c) allow or direct the respondent to surrender

his or her certificate to the board upon those conditions that may be

considered appropriate and strike the respondent's name from the register;

(

d) impose a fine not to exceed $10,000 to be paid

to the board;

(

e) order that the respondent pay the costs or a

part of the costs incurred by the board in the investigation or hearing of the

complaint;

(

f) order that the secretary-registrar publish a

summary of the decision including the information set out in subsection 44(4)

and other information that the tribunal may specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment,

(

v) engage in continuing education programs,

(vi) report on his or her compliance with an order

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(vii) restrict his or her professional practice or

continue his or her practice under specified conditions, or

(viii) impose other requirements that are just and

reasonable in the circumstances.

Filing and

publication of decisions

(1) An adjudication tribunal shall file a decision or order made under subsection

42(2) or 43(3) with the secretary-registrar and provide a copy to the

complainant and the respondent and the respondent's employer.

(2) The secretary-registrar shall maintain a copy

of a decision or order filed under subsection (1) for a minimum of 5 years

after the day the decision is filed and shall upon receiving a request to view

the disciplinary records in relation to a registered pharmacist permit a person

to view a

summary of a decision where that registered pharmacist was the

respondent, prepared in accordance with subsection (4).

(3) The secretary-registrar shall publish a

summary of a decision or order of an adjudication tribunal in a newspaper of

general circulation in or nearest to the community in which the respondent

practises within 14 days of the filing of the decision or order, where the decision

or order

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her licence;

(

c) restricts the respondent's practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) The

summary of the decision published under

subsection (3) shall include

(

a) the name of the respondent and the address

where he or she practises;

(

b) the date, location and a brief description of

the conduct of the respondent that was found to be deserving of sanction;

(

c) the name of the complainant, unless the

complainant has requested that his or her name be withheld; and

(

d) the contents of the order in relation to the

actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(5) Where a decision published under this

section

is varied or set aside, the secretary-registrar shall within 14 days of the

filing of the subsequent decision or order publish a

summary of the decision or

order and subsections (3) and (4) apply, with the necessary changes.

De-registration

and suspension

(1) Where

a respondent is struck off the register, his or her rights and privileges as a

registered pharmacist cease.

(2) Where a respondent is suspended, his or her

rights and privileges as a registered pharmacist cease for the period of

suspension.

(3) Where conditions or restrictions have been

imposed upon a respondent's ability to carry on his or her practice, his or her

rights and privileges as a registered pharmacist shall be limited to the extent

specified by the conditions or restrictions.

Failure to comply

(1) On

application by the board to the disciplinary panel, an adjudication tribunal

may make an order suspending the rights and privileges of a respondent where it

determines that the respondent has failed to comply with a decision or an order

under this Part.

(2) The parties to the application are the board

and the respondent.

(3) An order of an adjudication tribunal under

this

section may suspend the rights and privileges of the respondent for a

fixed period that the adjudication tribunal may consider appropriate, or until

conditions which it may impose are fulfilled, or until further order of the adjudication

tribunal.

Supplementary

hearing

(1) Where

a decision or order of the adjudication tribunal

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her licence;

(

c) restricts the respondent's practice; or

(

d) specifies conditions for the continuing

practice of the respondent,

and where the respondent alleges that new

evidence has become available or a material change in circumstances has

occurred since the making of the decision or order, the respondent may apply to

the complaints authorization committee for a supplementary hearing to discharge

or vary the decision or order based on the new evidence or material change in

circumstances.

(2) An application under subsection (1) shall be

made not more than 90 days after the new evidence becomes available or the

material change in circumstances has occurred.

(3) Where an application is made to the complaints

authorization committee under subsection (1), and the committee is of the

opinion that new evidence has become available or that a material change in

circumstances has occurred, as alleged by a respondent, the matter shall be

referred to an adjudication tribunal as if it were a matter referred under

paragraph 39(3)(

b) and sections 41 to 45 apply, with the necessary changes, to

the referred matter.

(4) The chairperson of the disciplinary panel

shall, where it is possible and appropriate, appoint to the adjudication

tribunal the same persons who constituted the adjudication tribunal that made

the decision referred to in subsection (1).

(5) The parties to a supplementary hearing under

this

section are the respondent and the board.

(6) For the purpose of this section, in addition

to an order that an adjudication tribunal may make under

section 43, a tribunal

may

(

a) vary the original decision or order made under

section 43; or

(

b) discharge the original decision or order, with

or without conditions.

Costs of the

board

(1) Where

a person who was ordered to pay the costs of the board under paragraph 42(2)(

e) or 43(3)(

e) fails to pay in the time required, the board may suspend the

registration of that person until the costs are paid.

(2) Costs ordered to be paid under paragraph

42(2)(

e) or 43(3)(

e) are a debt due the board and may be recovered by the board

by a civil action.

Collection of

fine

(1) Where an order is made under

section 42 or 43 imposing a fine on a respondent,

the board may issue a certificate stating the amount of the fine due and

remaining unpaid and the name of the person by whom it is payable, and file the

certificate with the Registrar of the Supreme Court.

(2) Where a certificate is filed with the

Registrar of the Supreme Court under subsection (1), it has the same effect and

all proceedings may be taken on the certificate as if it were a judgment of the

Trial Division for the recovery of the amount stated in the certificate against

the person named in the certificate.

(3) A person named in a certificate filed under

this

section may, within 30 days after the certificate is filed, apply to a

judge of the Trial Division for a review, on a question of law or jurisdiction,

of the certificate.

(4) On an application under subsection (3), the

judge may make any amendment to the certificate that is necessary to make the

certificate accord with the judge's decision.

(5) There is no appeal from a decision of a judge

made under this section.

(6) A certificate filed under this

section may

also be filed in the judgment enforcement registry on the expiration of the 30

day period referred to in subsection (3) in accordance with

Part III of the Judgment Enforcement Act and be enforced

in accordance with that Act.

Appeal to Trial

Division

(1) The

board or the respondent may, within 30 days after receiving notice of a

decision or order of an adjudication tribunal under this Act, appeal the

decision or order to the Trial Division by filing a notice of appeal with the

Registrar of the Supreme Court.

(2) An appeal under this

section does not stay the

decision or order being appealed unless the Trial Division orders otherwise.

Section 59 of the Act is amended by striking

out the words "dispensing fee" wherever they occur and substituting

the words "professional fee".

Section 60 of the Act is amended by striking

out the words "dispensing fee" and substituting the words

"professional fee".

33. Subsection 64(2) of the Act is amended by

inserting immediately after the word " Newfoundland "

the words "and Labrador ".

Section 65 of the Act is repealed and the

following substituted:

Contravention

65. A

pharmacist who contravenes the provisions of this

Part is considered to have

committed professional misconduct for the purposes of

Part IV.

Section 68 of the Act is repealed.

Transitional

(1) The members of the Newfoundland

Pharmaceutical Association are continued as members of the Newfoundland and

Labrador Pharmacy Board until an election is held for the members in accordance

with

section 5 of the Act.

(2) An election to elect the 7 members referred to

in paragraph 5(2 )(

a) shall be held within 3 months

after the day this Act comes into force.

(3) Of the members first elected under subsection

(2),

(a) 3 shall be appointed for a term of 3 years;

(b) 2 shall be appointed for a term of 2 years;

and

(c) 2 shall be appointed f or a term of one year.

(4) Notwithstanding subsection (1), the persons

appointed to the Council of Newfoundland Pharmaceutical Association by the minister

under subsection 11(1) of the Act are continued as members of the board until

their term of office expires or a replacement is appointed under this Act.

(5) The by-laws of the Newfoundland Pharmaceutical

Association in operation at the coming into force of this Act shall, to the

extent that t hey are not

inconsistent with this Act or the Corporations

Act , be the by-laws governing the Newfoundland and

Labrador Pharmacy Board until revoked or amended.

Earl G. Tucker, Queen's Printer