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Home → Legislative Business → Bills → 38-5

Status of bills in this Session.

Fifth Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.

It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications .

Bill 41

THE PHARMACEUTICAL ACT

Table of Contents

Explanatory Note

(Assented to )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

DEFINITIONS AND

INTERPRETATION

Definitions

1(1)

The following

definitions apply in this Act.

"board" means the board of examiners appointed under

section 10. (« Bureau des examinateurs »)

"by-laws" means the by-laws of the college made under

section 75. (« règlements administratifs »)

"code of ethics" means the code of ethics of the college adopted under

section 76. (« code de déontologie »)

"college" means the College of Pharmacists of Manitoba. (« Ordre »)

"compound" means to mix ingredients, at least one of which is a drug, but does not include reconstituting a drug with only water. (« préparer »)

"council" means the council of the college. (« conseil »)

"court" means the Court of Queen's Bench of Manitoba. (« tribunal »)

"dispense" means to provide a drug pursuant to a prescription, but does not include the administration of a drug. (« fournir »)

"drug" means a substance or mixture of substances prescribed in the regulations. (« médicament » ou « drogue »)

"employee" means a person directly or indirectly providing services to an employer, whether as an independent contractor or employee, and regardless of whether such services are provided on a full-time, part-time or casual basis. (« employé »)

"intern" means

(

a) an applicant for a pharmacist licence who is serving a period of internship; or

(

b) a person approved by council to serve an internship for educational purposes;

and whose name is entered on the register of interns. (« stagiaire »)

"internship" means a period of structured practical training in a pharmacy, in any jurisdiction, taken by an intern under the supervision of a preceptor approved by council. (« stage »)

"member" means a member of the college as described in subsection 5(4). (« membre »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"owner" means a person who holds a pharmacy licence of any category and whose name is entered on the register of licensed pharmacies. (« propriétaire »)

"person" includes a partnership, and any other organization or entity, whether incorporated or not. (« personne »)

"pharmacist" means a person whose name is entered on the register of pharmacists or the conditional register of pharmacists. (« pharmacien »)

"pharmacist licence" means a licence of any category authorizing the practice of pharmacy, and issued to a pharmacist. (« licence de pharmacien »)

"pharmacy" means a facility used for any aspect of the practice of pharmacy, including a satellite facility and every other facility, wherever located, used in the practice. (« pharmacie »)

"pharmacy licence" means a licence of any category authorizing the operation of a pharmacy, and issued to an owner. (« licence de pharmacie »)

"pharmacy technician" means a person who has the qualifications, experience and other requirements set out in the regulations. (« préparateur »)

"practice direction" means a written statement made by the council for the purpose of giving direction to members and owners about the conduct of their practices or pharmacy operations. (« directives professionnelles »)

"practitioner" means

(

a) a person licensed to practise medicine, dentistry, veterinary medicine, veterinary surgery or veterinary dentistry in Manitoba or in any other province, or in a territory of Canada; and

(

b) a person designated as a practitioner in the regulations, or who is a member of a class of persons designated as practitioners in the regulations. (« praticien »)

"prescription" means a direction given by a practitioner directing that a stated amount of a drug specified in the direction be dispensed for the person named or animal described in the direction. (« ordonnance »)

"public representative" means a person named in the roster established under subsection 7(4) who is appointed as a public representative under this Act. (« représentant du public »)

"record" means a record of information in any form, and includes information that is written, photographed, recorded or stored in any manner, on any storage medium or by any means, including by graphic, electronic, digital, magnetic, or mechanical means, but does not include electronic software or any mechanism that produces records. (« document »)

"register" means a register established under

section 9. (« registre »)

"registrar" means the registrar of the college appointed under subsection 7(7). (« registraire »)

"retail sale" means any act directly or indirectly related to a sale to the ultimate consumer or patient, but does not include a wholesale transaction. (« vente au détail »)

"sell" means to advertise for sale, offer for sale, offer to arrange for another person to sell, expose for sale, have in possession for sale, or distribute, whether or not the distribution is made for consideration. (« vendre »)

"standards of practice" means the standards regarding the practice of members and the operation of pharmacies established by regulation. (« normes professionnelles »)

"student" means a person whose name is entered on the register of students. (« étudiant »)

"veterinarian" means a person who holds a certificate of registration under The Veterinary Medical Act . (« vétérinaire »)

Reference to "Act" includes regulations

1(2)

A reference to "this Act" includes the regulations made under this Act.

PART 2

PRACTICE OF PHARMACY

Practice of pharmacy

2(1)

The practice of pharmacy consists of the following practices:

(

a) the compounding, dispensing, and retail sale of drugs;

(

b) monitoring drug therapy and advising on the contents, therapeutic values and hazards of drugs;

(

c) advising on the use, calibration, effectiveness and hazards of devices used in connection with drugs or to monitor health status;

(

d) identifying and assessing drug-related problems, and making recommendations to prevent or resolve them;

(

e) the practices set out in subsection (2), when performed by a member who meets the qualifications and any restrictions or conditions set out in the regulations.

Included practices

2(2)

A member who meets the qualifications set out in the regulations may, subject to any restrictions or conditions set out in the regulations, engage in any of the following practices in the course of practising pharmacy:

(

a) prescribe drugs that are designated in the regulations for the purpose of this clause;

(

b) administer drugs that are designated in the regulations for the purpose of this clause;

(

c) interpret patient-administered automated tests that are designated in the regulations;

(

d) order and receive reports of screening and diagnostic tests that are designated in the regulations.

Drug to be dispensed only by prescription

2(3)

A member may dispense a drug only pursuant to a prescription and in accordance with this Act, the standards of practice, the code of ethics, and any relevant practice direction.

Exclusive right to practise

3(1)

Subject to subsection (2), no person other than a member shall engage in the practice of pharmacy.

Application to other persons

3(2)

Nothing in this Act prevents

(

a) a person from supplying a drug to a member or practitioner if authorized by law;

(

b) a wholesale distributor from supplying a drug in the ordinary course of wholesale dealing, if the drug is in a sealed manufacturer's package and the person receiving the drug is authorized by law to supply, administer or dispense the drug, or to sell the drug by retail sale;

(

c) a practitioner from

(

i) supplying or administering a drug to a person or animal,

(ii) compounding or dispensing a drug, if permitted by the regulations, or

(iii) advising on the use, calibration, effectiveness and hazards of devices used in connection with drugs or to monitor health status;

(

d) a member of a health care profession regulated by another Act, or a veterinarian, from carrying on his or her profession;

(

e) a member from supplying, prescribing or administering a drug if permitted by the regulations;

(

f) a pharmacy technician, student, intern, or other person from engaging in the practice of pharmacy under the supervision of a member, to the extent permitted by the regulations;

(

g) a person from selling a drug that under the Food and Drugs Act (Canada) or its regulations may be sold for agricultural or veterinary purposes without a prescription;

(

h) the manufacturer of a drug from carrying on its business; or

(

i) an owner from engaging in the practice of pharmacy, if the practice is conducted in accordance with this Act and the pharmacy licence.

Representation as being entitled to practise pharmacy

4(1)

No person except a member shall

(

a) represent or hold out, expressly or by implication, that he or she is entitled to engage in the practice of pharmacy; or

(

b) use any sign, display, title or advertisement implying that he or she is entitled to engage in the practice of pharmacy.

Use of titles

4(2)

No person except a pharmacist shall use any of the following titles, a variation of any such title or an equivalent in another language:

(

a) pharmacist;

(

b) pharmaceutical chemist;

(

c) doctor of pharmacy;

(

d) druggist;

(

e) apothecary;

(

f) dispensing chemist.

PART 3

COLLEGE OF PHARMACISTS

OF MANITOBA

College established

5(1)

The Manitoba Pharmaceutical Association is continued as a body corporate under the name College of Pharmacists of Manitoba.

Duty to serve the public interest

5(2)

The college must carry out its activities and govern its members in a manner that serves and protects the public interest.

Powers

5(3)

The college has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.

Membership

5(4)

The membership of the college consists of the persons whose names are on a register and who hold a pharmacist licence of any category.

Meetings

5(5)

A general meeting of members of the college must be held at least once a year and special general meetings of members of the college must be held when the council considers it advisable. On receiving a written request, specifying a resolution, signed by at least 10% of the members of the college entitled to vote, requesting that a resolution be debated and voted on, the council must convene a special general meeting for the purpose of debating and voting on the resolution.

Notice of meetings

5(6)

Notice of the time and place of each meeting referred to in subsection (5) must be given to the members in accordance with the by-laws.

Council

6(1)

There is hereby established a governing body of the college called the council.

Council to manage affairs

6(2)

The council must

(

a) manage and conduct the business and affairs of the college; and

(

b) exercise the rights, powers and privileges of the college in the name and on behalf of the college.

Council to govern and administer

6(3)

Without limiting subsection (2), the council may, by resolution, take any action consistent with this Act, including the following:

(

a) approving education programs, examinations and internship requirements for the purposes of qualifying applicants for registration and licensing as pharmacists, students and interns;

(

b) approving the programs, assessments, examinations and work experience required for qualification of pharmacy technicians;

(

c) making practice directions.

Council at meetings of membership

6(4)

All council members have the right to attend, speak, make a motion and vote at meetings of the membership.

Composition of council

7(1)

The council is to consist of at least nine persons who are either members of the college or public representatives.

Public representatives

7(2)

Until the day that is two years after the day this

section comes into force, at least two members of the council must be public representatives. After that day, at least 1/3 of the members of the council must be public representatives.

By-laws for election and appointment of members

7(3)

Members of the council are to be appointed or elected in accordance with the by-laws.

Roster of public representatives

7(4)

The minister must appoint a roster of persons who are not registered under this Act, and who are not and have never been pharmacists, who may be appointed as public representatives on the council, the complaints committee under

section 30 and the discipline committee under

section 44.

Officers

7(5)

The members of the council must elect from among themselves the officers of the college specified in the by-laws, in the manner and for the terms specified in the by-laws.

Remuneration

7(6)

The members of the council, the board, the complaints committee, the discipline committee and any committees established under subsection (9) are to be paid such remuneration, fees and expenses as the council determines, if the council makes a by-law setting such payments.

Registrar and staff

7(7)

The council must appoint a registrar from among the members of the college and may appoint inspectors, investigators or staff that it considers necessary to perform the work of the college.

Identification card

7(8)

The council may issue an identification card to an inspector or investigator, in the form approved by the council.

Committees

7(9)

The council may establish any committee that it considers necessary.

Committee re prescribing practices

Without limiting the generality of subsection 7(9), the council may establish a committee to

(

a) review dispensing data and facilitate communications among health care professions and government to promote optimal prescribing, dispensing and use of drugs; and

(

b) provide advice and recommendations about the prescribing, dispensing and use of drugs, including narcotics and controlled drugs.

PART 4

REGISTRATION AND LICENSING

REGISTERS

Registers

9(1)

Subject to the direction of the council, the registrar must establish and maintain the following registers:

(

a) a register of pharmacists;

(

b) a register of members;

(

c) a register of interns;

(

d) a register of students;

(

e) a conditional register of pharmacists;

(

f) a register of licensed pharmacies;

(

g) any other registers provided for in the regulations.

Information on register

9(2)

Every register must contain

(

a) the name of the registered person or, in the case of the register of licensed pharmacies, the name of the licensed pharmacy, the name or names under which it conducts business and the name of the owner who holds the pharmacy licence;

(

b) except on the register of pharmacists and the register of students, a business address and business telephone number;

(

c) the conditions imposed on every certificate of registration;

(

d) a notation of every cancellation and suspension of a certificate of registration or a licence;

(

e) every censure, and the result of every disciplinary proceeding in which a panel has made a finding under

section 54; and

(

f) information that the regulations specify as information to be kept in the register.

Access to register information

9(3)

During normal business hours, a person may obtain the following information contained in the registers:

(

a) the information described in clauses (2)(a), (

b) and (c);

(

b) the information described in clause (2)(

d) relating to a suspension that is in effect;

(

c) the information described in clause (2)(

e) where the censure or disciplinary proceeding was completed within a period of time specified in the regulations before the register was prepared or last updated

(

i) in which a certificate of registration, pharmacist licence or pharmacy licence was cancelled or suspended or had conditions imposed on it, or

(ii) in which a pharmacist or owner was required to pay a fine or attend to be censured or reprimanded;

(

d) information designated as public in the regulations.

Access to licence information

9(4)

All information that forms part of a pharmacist licence or pharmacy licence may be obtained from the registrar by any person during normal business hours.

REGISTRATION OF PHARMACISTS

Board of examiners

In accordance with the by-laws, the council must appoint a board of examiners to consider and decide on applications for registration under

section 11 and conditional registration under

section 12.

Registration of pharmacists

11(1)

The board must approve an application for registration as a pharmacist if the applicant

(

a) is a graduate of a pharmacy education program approved by the council;

(

b) has passed any examinations or assessments that the council may require;

(

c) satisfies the board that he or she has not been suspended as a result of professional misconduct by a regulatory authority governing the practice of pharmacy in Canada or elsewhere;

(

d) pays to the college the fees provided for in the by-laws; and

(

e) meets any other requirements set out in the regulations.

Conditions

11(2)

An approval under subsection (1) may be made subject to any conditions that the board considers advisable.

Entry in the register

11(3)

The registrar must enter in the register of pharmacists the name of a person whose application for registration as a pharmacist is approved by the board.

Certificate of registration

11(4)

On entering the name of a person in the register of pharmacists, the registrar must issue a certificate of registration to the person.

Conditional registration

12(1)

The board may approve an application for registration on the conditional register if the applicant

(

a) satisfies the requirements of clauses 11(1)(

a) and (c);

(

b) pays to the college the fees provided for in the by-laws; and

(

c) meets any other requirements set out in the regulations.

Rights and obligations of persons on the conditional register

12(2)

A pharmacist whose name appears on the conditional register has the rights and obligations specified in the regulations.

Conditions

12(3)

An approval under subsection (1) may be made subject to any conditions that the board considers advisable.

Entry in the register

12(4)

The registrar must enter in the conditional register of pharmacists the name of a person whose application for conditional registration is approved by the board.

Application not approved

If the board does not approve an application for registration or conditional registration, or approves an application subject to conditions, it must give notice to the applicant in writing, with reasons for its decision, and advise the applicant of his or her right to appeal the decision to the council.

REGISTRATION IF EMERGENCY

Registration if emergency

14(1)

Despite anything in this Act, the council may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise pharmacy in another jurisdiction in Canada or the United States to practise pharmacy in the province during an emergency, if the minister gives the council written notice that

(

a) a public health emergency exists in all or part of the province; and

(

b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a pharmacist from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

14(2)

The council may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Certificate of registration and licence

14(3)

PHARMACIST LICENCE

Pharmacist licence application

15(1)

A person who intends to engage in the practice of pharmacy must be on the register of pharmacists or the conditional register of pharmacists, and must

(

a) provide to the registrar an application, in the form prescribed in the by-laws, for a category of pharmacist licence that is appropriate for the applicant's practice intentions;

(

b) serve a period of internship, or practise a number of hours, in accordance with the regulations;

(

c) meet any continuing competency or professional development requirements set out in the regulations;

(

d) provide an undertaking that his or her practice of pharmacy will be conducted in accordance with this Act, the by-laws, the code of ethics, the standards of practice and all relevant practice directions;

(

e) pay to the college the fees provided for in the by-laws for the appropriate category of pharmacist licence; and

(

f) meet any other requirements set out in the regulations.

Issuance of pharmacist licence

15(2)

Upon fulfilment of the requirements of subsection (1), the registrar must issue a pharmacist licence to the applicant, in a form prescribed in the by-laws, for the appropriate category of pharmacist licence.

Licence terms or conditions

15(3)

The registrar may issue a pharmacist licence subject to any terms or conditions he or she considers advisable.

Entitlement to practise

16(1)

A pharmacist licence entitles a member to engage in the practice of pharmacy during the duration of the licence.

Specialty practice

16(2)

If a member meets the requirements set out in the regulations for a specialty area of practice

(

a) the pharmacist licence must reflect that the member is a specialist in the area; and

(

b) the member is entitled to hold himself or herself out as a specialist in the area.

Representation as specialist

16(3)

No person shall hold out that he or she is a specialist in an area of pharmacy practice unless the specialty is noted on his or her pharmacist licence under clause (2)(a).

Duration of licence

A pharmacist licence remains in force for the time prescribed by the by-laws.

TEMPORARY PRACTICE

Temporary practice

18(1)

On application by a pharmacist holding a current licence or a similar authorization to practise pharmacy in another jurisdiction, council may grant authority to the applicant to practise pharmacy in Manitoba on a temporary basis, if the applicant

(

a) satisfies the council there is a genuine and urgent need for pharmacist services that cannot reasonably be met by a member; and

(

b) meets any other requirements set out in the regulations.

Temporary registration and licence

18(2)

If the council approves an application to practise on a temporary basis, it must

(

a) issue a temporary certificate of registration to the applicant, specifying the following on the certificate:

(

i) its expiry date,

(ii) any terms or conditions to which the applicant's practice of pharmacy is subject;

(

b) direct the registrar to place the name of the applicant on the conditional register of pharmacists, and note in the register any terms or conditions to which the applicant's practice of pharmacy is subject; and

(

c) direct the registrar to issue a temporary pharmacist licence to the applicant, on which the following is to be specified:

(

i) its expiry date,

(ii) any terms or conditions to which the applicant's practice of pharmacy is subject.

REGISTRATION OF STUDENTS

Registration of students

Upon receiving a completed application in the form prescribed in the by-laws, the registrar must approve an application for registration as a student if the applicant

(

a) is a student engaged in a pharmacy education program approved by the council;

(

b) pays the fee provided for in the by-laws; and

(

c) meets any other requirements set out in the regulations.

REGISTRATION OF INTERNS

Registration of interns

Upon receiving a completed application in the form prescribed in the by-laws, the registrar must approve an application for registration as an intern if the applicant

(

a) has completed, or will complete within 12 months, a pharmacy education program approved by the council;

(

b) has identified a preceptor, approved by the council, willing to supervise the internship;

(

c) pays the fee provided for in the by-laws; and

(

d) meets any other requirements set out in the regulations.

APPEALS

Appeal to council

21(1)

A person whose application for

(

a) registration as a pharmacist;

(

b) registration on the conditional register of pharmacists;

(

c) a pharmacist licence;

(

d) registration as a student; or

(

e) registration as an intern;

is not approved, or is approved subject to conditions, may appeal the decision to the council.

Notice

21(2)

An appeal is to be made by filing a written notice of appeal with the council within 30 days after the person receives notice of the decision of the board or registrar, as the case may be. The notice must specify the reasons for the appeal.

Hearing

21(3)

On receiving a notice of appeal, the council must

schedule an appeal hearing, which must be held within 90 days after it receives the notice, or at a later time if consented to by the applicant. The council must give the applicant a written notice of the date, time and place of the appeal hearing.

Right to appear

21(4)

An applicant who appeals a decision under this

section is entitled to appear with counsel and make representations to the council at the appeal hearing.

Participation by member of board, registrar

21(5)

A member of the board who is also a member of the council, and the registrar, may participate in the appeal but must not vote on a decision under this section.

Decision by council

21(6)

The council must decide the appeal within 90 days after the hearing and may make any decision the board or the registrar could have made.

Notice of decision

21(7)

Within 30 days after deciding the appeal, the council must give the applicant written notice of its decision.

Appeal to court

22(1)

A person who made an appeal under

section 21 may appeal the decision of the council to the court by

(

a) filing a notice of application in the court; and

(

b) serving a copy of the notice of application on the college;

within 30 days after receiving notice of the council's decision under subsection 21(7).

No stay of decision

22(2)

An appeal of a decision does not stay the decision pending the appeal, unless the court orders a stay.

College is party to appeal

22(3)

The college is a party to the appeal.

Appeal heard as a new matter

22(4)

The court must consider the appeal as a new matter.

Powers of court on appeal

22(5)

On hearing an appeal, the court may

(

a) set aside, vary or confirm the decision;

(

b) make any decision that in its opinion should have been made; or

(

c) refer the matter back to the council for further consideration in accordance with any direction of the court.

CANCELLATION OR SUSPENSION OF REGISTRATION OR LICENCE

Registration or licence may be cancelled or suspended

23(1)

The registrar may cancel or suspend a certificate of registration, pharmacist licence or pharmacy licence, or all or any combination of them, of a person who

(

a) fails to pay the fees provided for in the by-laws;

(

b) is insolvent or bankrupt;

(

c) has ceased practising pharmacy;

(

d) has ceased operating a pharmacy;

(

e) has died, or in the case of a corporation or a partnership, has ceased operating or been dissolved;

(

f) ceases to be an intern or student;

(

g) requests suspension or cancellation; or

(

h) has been issued a certificate or licence in error.

Registration or licence may be cancelled if fraud

23(2)

If the registrar is satisfied on reasonable grounds that a person's registration, pharmacist licence or pharmacy licence has been obtained by means of a false or fraudulent representation or declaration, the registrar must report the matter to the council, and the council may direct the registrar to cancel

(

a) the person's certificate of registration;

(

b) any licence or licences held by the person; or

(

c) the person's certificate of registration and one or more of the licences held by the person.

The registrar must then cancel the registration, licence or licences as directed, and give the person and his or her employer, if any, written notice of that fact.

Registration or licence may be cancelled if conviction

23(3)

If a person has been convicted of an offence that is relevant to his or her suitability to practise pharmacy or operate a pharmacy, the council may direct the registrar to cancel

(

a) the person's certificate of registration;

(

b) any licence or licences held by the person; or

(

c) the person's certificate of registration and one or more of the licences held by the person;

but it must first notify the person that it intends to do so and give the person an opportunity to make representations. The registrar must give the person and his or her employer, if any, written notice of any cancellation.

Surrender of certificate or licence

23(4)

A person whose certificate of registration, pharmacist licence or pharmacy licence has been cancelled or suspended must surrender the certificate or licence to the registrar.

Publication of cancellation

23(5)

If a person's certificate or licence is cancelled under subsection (1), (2) or (3), the college may publish the name of the person and the circumstances relevant to the cancellation.

Interim suspension by registrar

24(1)

If the registrar believes that a matter exists relating to a pharmacist's practice or the operation of a pharmacy that presents or is likely to present a serious risk to the public, the registrar may suspend the pharmacist's licence, or the pharmacy licence, pending a review of the matter by the complaints committee.

Referral to the complaints committee

24(2)

Upon suspending a licence under subsection (1), the registrar must refer the matter to the complaints committee under clause 32(b).

Notice of suspension

24(3)

Upon suspending a licence under subsection (1), the registrar must promptly serve a notice of the suspension on the pharmacist or owner who holds the licence and, where appropriate, on the pharmacist's employer.

Appeal to court

A person whose certificate of registration, pharmacist licence or pharmacy licence is cancelled or suspended under

section 23 or 24 may appeal the cancellation or suspension to the court, in which case

section 22 applies with the necessary changes.

Court order appointing custodian

26(1)

A judge of the court may, upon application by the college after the cancellation, suspension or expiry of a pharmacy licence, make an order appointing a person to

(

a) take custody of the pharmacy operation; and

(

b) manage the pharmacy operation or wind it up.

Contents of order

26(2)

An order under subsection (1) may authorize the custodian to do any one or more of the following:

(

a) enter and take possession of any premises in which the judge is satisfied there are reasonable grounds to believe that any property of the pharmacy operation is located;

(

b) take possession of the records and drugs of the pharmacy operation;

(

c) take possession of any other property of the pharmacy operation;

(

d) operate the pharmacy operation until it can be returned to the owner;

(

e) operate the pharmacy operation for the purpose of winding it up;

(

f) request the assistance of a peace officer.

Costs

26(3)

Unless the court orders otherwise, the college may charge the owner of the pharmacy operation with the costs

(

a) of obtaining, implementing and enforcing the order; and

(

b) paid to the custodian for managing, operating or winding up the pharmacy operation.

Notice of application

26(4)

An application for an order under this

section may be made without notice, or with notice as required by the court.

Service of court order

26(5)

An order under this

section must be served on the owner of the pharmacy whose licence was cancelled, suspended or expired.

PART 5 PHARMACIST PROFILES

Pharmacist profiles

27(1)

The council may collect information in order to create individual pharmacist profiles of members that are available to the public.

Definition

27(2)

In this Part, "member" includes a member whose licence is suspended.

Regulations re pharmacist profiles

27(3)

The council may, with the approval of the Lieutenant Governor in Council, make regulations respecting pharmacist profiles including, but not limited to, regulations

(

a) requiring members to provide the registrar with any or all of the following information:

(

i) the name of the pharmacy school from which the member graduated and the year of graduation,

(ii) the address at which the member primarily conducts his or her practice,

(iii) any post-graduate education related to health care,

(iv) any certification by another body with statutory authority to regulate a profession in any jurisdiction,

(

v) a description of any offence — that is reasonably related to the member's competence or to the safe practice of pharmacy — of which the member has been found guilty, within the time specified in the regulations, under the Criminal Code (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada),

(vi) a description of any censure or final disciplinary action taken against the member by the body regulating the profession that the member is or has been licensed to practise, whether in Manitoba or elsewhere, within the time period specified in the regulations,

(vii) a description of any malpractice court judgments, and any other malpractice claims, as specified in the regulations,

(viii) any other information the regulations may specify;

(

b) specifying the time and manner in which the information must be provided;

(

c) respecting how pharmacist profiles are to be made available to the public;

(

d) specifying any matter authorized to be dealt with by regulation and defining any word or expression used in this Part;

(

e) respecting any other matter the council considers necessary or advisable about pharmacist profiles.

Verification of information

27(4)

The council may take any steps it considers necessary to verify the accuracy of information that a member provides in accordance with regulations made under subsection (3), including collecting information from other persons.

Prior review by pharmacist

27(5)

At the request of a member, before his or her pharmacist profile is made publicly available, the council must give the member an opportunity to review the profile and correct any factual inaccuracies.

Regulation required by the minister

28(1)

The minister may require the council to make, amend or repeal a regulation about pharmacist profiles under

section 27.

L.G. in C. may make regulation

28(2)

If the council does not comply with a requirement under subsection (1) within 90 days, the Lieutenant Governor in Council may make, amend or repeal the regulation.

PART 6

COMPLAINTS

Definitions

The following

definitions apply in this Part.

"conduct" includes

an act or omission. (« conduite »)

"investigated person" means any of the following persons who is the subject of an investigation or whose conduct is the subject of a hearing under this Part:

(

a) a member or former member;

(

b) an owner or former owner;

(

c) a student or former student;

(

d) an intern or former intern. (« personne visée par l'enquête »)

COMPLAINTS COMMITTEE

Complaints committee

30(1)

The council must appoint a complaints committee consisting of

(

a) a member of the college who is to be the chair of the committee; and

(

b) other members of the college and public representatives appointed from time to time.

Public representatives

30(2)

At least 1/3 of the persons appointed to the complaints committee must be public representatives.

Selection of panel

30(3)

On referral of a complaint or other matter to the complaints committee, the chair may select a panel from among the members of the complaints committee to fulfill the obligations and exercise the powers of the complaints committee in relation to the complaint or other matter.

Composition of panel

30(4)

A panel must be composed of at least three persons, at least one of whom must be a public representative.

Effect of member being unable to continue

30(5)

If a panel has been convened and a member of the panel is unable to continue as a member, the panel may continue if at least three members remain.

Decision of panel

30(6)

A decision or action of a panel is a decision or action of the complaints committee.

Reference to complaints committee

30(7)

A reference to the complaints committee in this or any other Act or any regulation includes any panel of the complaints committee.

Complaints against members and others

31(1)

Any person, including an inspector, investigator, council member or an officer or staff member of the college, may make a complaint in writing to the registrar about the conduct of a member, student, intern or owner, and the complaint must be dealt with in accordance with this Part.

Complaints against former members and owners

31(2)

If, after a member's pharmacist licence or an owner's pharmacy licence is cancelled, suspended or not renewed under this Act,

(

a) a complaint is made about the former member or former owner; and

(

b) the complaint relates to conduct occurring before the cancellation, suspension or non-renewal occurred;

the complaint may, despite the cancellation, suspension or non-renewal, be dealt with within five years after the date of the cancellation, suspension or non-renewal as if the licence were still in effect.

Complaints against former students and interns

31(3)

If, after a person ceases to be a student or an intern,

(

a) a complaint is made about the former student or former intern; and

(

b) the complaint relates to conduct occurring during the course of the person's work as a student or intern;

the complaint may, despite the fact that the person is no longer a student or an intern, be dealt with within five years after the date the person ceased being a student or intern.

Referral to complaints committee

The registrar must refer to the complaints committee

(

a) a complaint made under

section 31; and

(

b) any other matter that the registrar considers appropriate.

Informal resolution

33(1)

Upon the referral of a complaint or other matter to the complaints committee, the complaints committee may attempt to resolve it informally if the committee considers informal resolution to be appropriate.

Investigation

33(2)

If informal resolution of a complaint has been attempted and the complaint is not resolved to the complainant's satisfaction, the complaints committee must direct that an investigation into the conduct of the investigated person be held. The committee may also direct an investigation in respect of any complaint or other matter that is referred to it if the committee considers it appropriate to do so.

Registrar to designate investigator

33(3)

An investigation under subsection (2) is to be conducted by an investigator designated by the registrar.

Records and information

33(4)

An investigator designated under subsection (3) may do any of the following:

(

a) require the investigated person or any member, former member, owner, former owner, intern, former intern, student or former student to produce to the investigator any records, documents or things in his or her possession or under his or her control that may be relevant to the investigation;

(

b) require the investigated person or any member, former member, owner, former owner, intern, former intern, student or former student to give the investigator access to a pharmacy or any other business premises under his or her control, for the purpose of the investigation;

(

c) require the investigated person or any member, former member, owner, former owner, intern, former intern, student or former student to be interviewed for the purpose of the investigation;

(

d) require the investigated person to respond to the complaint or other matter in writing;

(

e) on the instructions of the complaints committee, conduct an inspection or audit of the practice of the investigated person or of a pharmacy, even if the inspection or audit may touch on matters not directly related to the complaint being investigated.

Use of data processing system, photography and copying equipment

33(5)

An investigator carrying out an investigation may

(

a) use a data processing system at a place or premises where records, documents or things are kept, to examine any data contained in or available to the system;

(

b) reproduce, in the form of a printout or other intelligible output, any record from the data contained in or available to a data processing system at the place or premises;

(

c) photograph or create images, using film or digital equipment, of a pharmacy, its contents or staff; and

(

d) use any copying equipment at the place or premises to make copies of any record or document.

Removal of records, etc. to make copies

33(6)

If an investigator carrying out an investigation is not able to make copies of records or documents at the place or premises where the investigation is being carried out, he or she may remove them from the place or premises to make copies. The investigator must make the copies as soon as practicable and return the original records or documents to the place or premises from which they were removed.

Failure to produce records

33(7)

The college may apply to the court for an order

(

a) directing any investigated person, member, former member, owner, former owner, intern, former intern, student or former student to produce to the investigator any records, documents or things in his or her possession or under his or her control, if it is shown that he or she failed to produce them when required to do so by the investigator; or

(

b) directing any person to produce to the investigator any records, documents or things in his or her possession or under his or her control that are or may be relevant to the complaint or other matter being investigated.

Warrant for entry into premises

33(8)

On application by the college, a justice may at any time, and if necessary upon application without notice, issue a warrant authorizing the investigator and any other person named in the warrant, including a peace officer, to enter and inspect a pharmacy or any other business premises, if the justice is satisfied there are reasonable grounds to believe that

(

a) entry to the pharmacy or other premises is necessary for the purpose of administering or determining compliance with this Act; and

(

b) in respect of the pharmacy or other premises,

(

i) entry has been refused or there are reasonable grounds to believe that entry will be refused, or

(ii) the owner of the pharmacy or other premises, or the other person who controls the pharmacy or other premises, is temporarily absent.

Investigation of other matters

33(9)

The investigator may investigate any other matter of concern that arises in the course of the investigation and that relates to administering or determining compliance with this Act, whether or not it relates to the complaint or other matter being investigated.

Failure to produce records or denial of entry is grounds for complaint

33(10)

Failure by an investigated person, member, former member, owner, former owner, intern, former intern, student or former student to

(

a) produce to an investigator any records, documents or things in his or her possession or under his or her control; or

(

b) give an investigator access to a pharmacy or any other business premises under his or her control;

is, in itself, grounds for a complaint or further complaint against the person, and must be reported by the investigator to the complaints committee.

Report to complaints committee

33(11)

On concluding the investigation, the investigator must report his or her findings to the complaints committee, including any other matters that arose during the course of the investigation.

Investigation of other member or owner

33(12)

If an investigator's report under subsection (11) reveals information about a member, former member, owner, former owner, intern, former intern, student or former student, who is not the subject of the investigation and the complaints committee believes the information should be further investigated, the committee must refer the matter to the registrar for consideration under clause 32(b).

DECISION OF COMPLAINTS COMMITTEE

Decision of complaints committee

34(1)

The complaints committee may, after review or investigation, with regard to the original complaint or any other matter that arose during the course of investigation,

(

a) direct that the matter be referred, in whole or in part, to the discipline committee;

(

b) direct that the matter not be referred to the discipline committee;

(

c) accept the voluntary surrender of one or more of the following:

(

i) the investigated person's registration,

(ii) a member's pharmacist licence,

(iii) an owner's pharmacy licence;

(

d) censure the investigated person if

(

i) at least one member of the committee has met with the investigated person and the investigated person has agreed to accept the censure, and

(ii) the committee has decided not to take any action against the investigated person other than the censure;

(

e) refer the matter to mediation if the committee determines that the complaint is strictly a matter of concern to the complainant and the investigated person, and both parties agree to mediation; or

(

f) enter into an agreement with the investigated person that provides for one or more of the following:

(

i) assessing the investigated person's capacity or fitness to practise pharmacy or hold a pharmacy licence,

(ii) counselling or treatment of the investigated person,

(iii) monitoring or supervising the investigated person's practice of pharmacy or his or her operation of one or more pharmacies,

(iv) the investigated person's completion of a specified course of studies by way of remedial training,

(

v) placing conditions on the investigated person's right to practise pharmacy or operate a pharmacy.

Matter not resolved by mediation

34(2)

If a matter referred for mediation under clause (1)(

e) cannot be resolved, it must be referred back to the complaints committee, which may make any other decision under subsection (1) that it considers appropriate.

Decision served on investigated person and complainant

34(3)

The complaints committee must serve on the investigated person and the complainant a written notice setting out its decision and the reasons for the decision.

Hearing not required

34(4)

Except as required by clause (1)(d), the complaints committee is not required to provide the investigated person with a copy of the complaint, hold a hearing or give any person an opportunity to appear or to make written or oral submissions before making a decision under this section.

Conditions on right to practise

35(1)

If the complaints committee enters into an agreement with an investigated person under subclause 34(1)(f)(v), placing conditions on the investigated person's right to practise pharmacy or operate a pharmacy, that agreement may include one or more of the conditions referred to in

section 38.

Costs

35(2)

The complaints committee may order the investigated person to pay all or part of the costs incurred by the college in monitoring compliance with conditions imposed on an investigated person's right to practise pharmacy or operate a pharmacy under an agreement entered into under subclause 34(1)(f)(v). It may also order the investigated person to pay all or part of the costs of the investigation.

CENSURE

Personal appearance

36(1)

The complaints committee may require an investigated person who is censured under clause 34(1)(

d) to appear personally before the committee to be censured.

Publication of censure

36(2)

The complaints committee may publish the fact that an investigated person has been censured, and publication may include the investigated person's name and a description of the circumstances that led to the censure.

Order for costs

36(3)

The complaints committee may order an investigated person who is censured to pay all or part of the costs of the investigation.

VOLUNTARY SURRENDER OF REGISTRATION OR LICENCE

Voluntary surrender of registration or licence

37(1)

If the complaints committee accepts a voluntary surrender of a registration, pharmacist licence or pharmacy licence under clause 34(1)(c), it may direct the investigated person, member or owner to do one or more of the following to the satisfaction of any person or committee that the complaints committee may determine, before the registration or licence may be reinstated:

(

a) obtain counselling or treatment;

(

b) complete a specified course of studies;

(

c) obtain supervised experience.

Order for costs

37(2)

The complaints committee may direct the investigated person, member or owner to pay any costs incurred by the college in monitoring compliance with a direction given under subsection (1) and to pay all or part of the costs of the investigation up to the time that the voluntary surrender takes effect.

Conditions on reinstatement

A voluntary surrender remains in effect until the complaints committee is satisfied that the conduct or complaint that was the subject of the investigation has been resolved, at which time the committee may impose conditions on the entitlement of the investigated person, member or owner to practise pharmacy or operate a pharmacy, including conditions that the person do one or more of the following:

(

a) limit his or her practice of pharmacy or pharmacy operation;

(

b) practise pharmacy or operate the pharmacy under supervision;

(

c) not engage in sole practice;

(

d) permit periodic audits of his or her practice of pharmacy or pharmacy operation;

(

e) permit periodic audits of records;

(

f) report to the committee or the registrar on specific matters;

(

g) comply with any other conditions that the committee considers appropriate in the circumstances;

and may order the investigated person, member or owner to pay all or any part of the costs incurred by the college in monitoring compliance with those conditions.

APPEAL BY COMPLAINANT

Appeal by complainant

39(1)

When the complaints committee makes a decision under clause 34(1)(b), (

c) or (f), the complainant may appeal the decision to the appeal panel appointed under subsection (3).

Notice

39(2)

An appeal is to be made by mailing a written notice of appeal to the registrar within 30 days after the date the complainant is notified of the complaints committee's decision under subsection 34(3).

Appointment of appeal panel

39(3)

On receipt of an appeal under subsection (2), the chair of the council must

(

a) appoint an appeal panel consisting of no more than three members of the council, one of whom must be a public representative; and

(

b) appoint a member of the panel as chair.

Exclusion from panel

39(4)

No person shall be selected for the appeal panel who has taken

part in the review or investigation of the subject matter of the appeal.

Power on appeal

39(5)

On an appeal under this section, the appeal panel must do one or more of the following:

(

a) make any decision that in its opinion ought to have been made by the complaints committee;

(

b) quash, vary or confirm the decision of the complaints committee;

(

c) refer the matter back to the complaints committee for further consideration in accordance with any direction that the appeal panel may make.

Notice of decision

39(6)

The appeal panel must give the investigated person and the complainant a written notice setting out its decision and the reasons for the decision.

Hearing not required

39(7)

The appeal panel is not required to hold a hearing or to give any person an opportunity to appear or to make oral submissions before making a decision under this section, but it must give the investigated person and the complainant an opportunity to make a written submission.

SUSPENSION OF REGISTRATION OR LICENCE PENDING DECISION

Suspension of registration or licence pending decision

40(1)

Despite anything in this Act, if the complaints committee believes that an investigated person's conduct presents or is likely to present a serious risk to the public, it may direct the registrar to

(

a) suspend one or more of the following held by the investigated person:

(

i) certificate of registration,

(ii) pharmacist licence,

(iii) pharmacy licence; or

(

b) place conditions on the investigated person's practice of pharmacy or pharmacy operation;

pending the outcome of proceedings under this Part.

Notice of suspension or conditions

40(2)

On receiving a direction under subsection (1), the registrar must promptly serve a notice of the suspension or the conditions on the investigated person and, where appropriate, on the investigated person's employer.

Application for stay

The investigated person may, by filing an application with the court and serving a copy on the registrar, apply for an order of the court staying a decision of the complaints committee under

section 40 pending the outcome of proceedings under this Part.

MISCELLANEOUS

Referral to discipline committee

Despite any other action it may have taken, with the exception of a censure, the complaints committee may at any time refer the conduct or complaint that was the subject of the investigation to the discipline committee.

Disclosure of information to authorities

Despite any other provision of this Act, the complaints committee or the registrar may disclose to a law enforcement authority any information respecting possible criminal activity on the part of an investigated person or any other person that is obtained during an investigation.

DISCIPLINE COMMITTEE

Discipline committee

44(1)

The council must appoint a discipline committee consisting of

(

a) a pharmacist who is a member of the college, who is to be the chair; and

(

b) other members of the college, former members of the college and public representatives appointed from time to time.

The council must appoint one of the committee members appointed under clause (

b) as vice-chair.

Public representatives

44(2)

At least 1/3 of the persons appointed to the discipline committee must be public representatives.

Selection of panel

45(1)

Within 30 days after a matter is referred to the discipline committee under clause 34(1)(

a) or

section 42, the chair or vice-chair must select a panel from among the members of the discipline committee to hold a hearing.

Composition

45(2)

A panel is to be composed of at least three members, one of whom must be a public representative.

Exclusion from panel

45(3)

No person may be selected for a panel who has taken

part in the review or investigation of what is to be the subject matter of the panel's hearing.

Effect of member being unable to continue

45(4)

If a hearing has begun and a member of the panel is unable to continue to sit as a member, the panel may complete the hearing if at least three members remain and one of them is a public representative.

HEARINGS

Hearing

46(1)

When a panel is selected, it must hold a hearing.

Date of hearing

46(2)

The hearing must begin within 120 days after the date on which the matter is referred to the discipline committee, unless the investigated person consents in writing to a later date.

Notice of hearing

46(3)

At least 30 days before the date of the hearing, the registrar must prepare and serve a notice of hearing on the investigated person and the complainant stating the date, time and place of the hearing and identifying in general terms the complaint or matter about which the hearing will be held.

Public notice of hearing

46(4)

The registrar may issue a public notice of the hearing in any manner he or she considers appropriate, but the notice must not include the name of the investigated person.

Right to appear and be represented

47(1)

The college and the investigated person may appear and be represented by counsel at the hearing, and the panel may have counsel to assist it.

Adjournments

47(2)

The chair of the panel may adjourn the hearing from time to time.

Recording of evidence

47(3)

The oral evidence given at the hearing must be recorded.

Investigated person may examine documentary evidence

48(1)

Before the day of the hearing, an investigated person must be given the opportunity to examine any written or documentary evidence that will be produced and any report the contents of which will be given in evidence at the hearing.

Investigated person to provide documentary evidence

48(2)

If the investigated person intends to rely on any written or documentary evidence or any report at the hearing, he or she must provide a copy of that evidence or report to the college before the day of the hearing.

Evidence of expert without report

48(3)

If either the investigated person or the college intends to call an expert as a witness at the hearing and there is no report from the expert, a

summary of the expert's intended evidence, including his or her findings, opinions and conclusions, must be provided to the other party before the day of the hearing.

Failure to provide

summary

48(4)

If the

summary is not provided in accordance with subsection (3), the expert may testify at the hearing only with the leave of the panel.

Hearing process: rules of evidence do not apply

48(5)

The panel is not bound by the rules of evidence that apply to judicial proceedings.

Oral and affidavit evidence

48(6)

Evidence may be given at a hearing of a panel either orally or by affidavit or both, but a member's registration or licence cannot be suspended or cancelled on affidavit evidence alone.

Investigation of other matters

The panel may investigate and hear any other matter concerning the conduct of the investigated person that arises in the course of its proceedings. In that event, the panel must declare its intention to investigate the further matter and permit the investigated person sufficient opportunity to prepare a response.

Hearing open to public

50(1)

Except as otherwise provided in this section, a hearing of the panel is to be open to the public, but there must be no reporting in the media of anything that would identify the investigated person, including the person's name, the business name of the person's practice, or the location of the practice or pharmacy operation, unless and until the panel makes a finding under

section 54.

Request for a private hearing

50(2)

The investigated person or the college may request that the hearing or any part of it be held in private.

When private hearing may be held

50(3)

When a request is made under subsection (2), the panel may make an order excluding the public from the hearing or any part of it or directing that the investigated person, the complainant, or any witness be identified only by initials, if the panel is satisfied that

(

a) matters involving public security may be disclosed;

(

b) financial or personal or other matters may be disclosed at the hearing that are of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that meetings be open to the public;

(

c) a person involved in a criminal proceeding or a civil suit or proceeding may be prejudiced; or

(

d) the safety of a person may be jeopardized.

Reasons for excluding the public to be available

50(4)

The panel must ensure that any order it makes under subsection (3) and its reasons are either given orally at the hearing or are available to the public in writing.

Evidence

51(1)

At a hearing, the oral evidence of witnesses must be taken on oath or affirmation, and the parties have the right to cross-examine witnesses and call evidence in defence and reply.

Power to administer oaths and affirmations

51(2)

For the purpose of an investigation or hearing under this Act, the registrar and the chair of the panel have the power to administer oaths and affirmations.

Witnesses

52(1)

Any person, other than the investigated person, who in the opinion of the panel has knowledge of the complaint or matter being heard is a compellable witness in any proceeding before the panel.

Notice to attend and produce records

52(2)

The attendance of witnesses before the panel and the production of records may be enforced by a notice issued by the registrar requiring the witness to attend and stating the date, time and place at which the witness is to attend and the records, if any, that the witness is required to produce.

Registrar to provide notices

52(3)

On the written request of the investigated person or his or her counsel or agent, the registrar must provide any notices that the investigated person requires for the attendance of witnesses or the production of records.

Witness fees

52(4)

A witness, other than the investigated person, who has been served with a notice to attend or a notice for production under this

section is entitled to be paid the same fees in the same manner as a witness in an action in the court.

Failure to attend or give evidence

52(5)

Proceedings for civil contempt of court may be brought against a witness

(

a) who fails to attend before the panel in compliance with a notice to attend;

(

b) who fails to produce any records in compliance with a notice to produce them; or

(

c) who refuses to be sworn or to affirm or to answer any question he or she is directed to answer by the panel.

Evidence taken outside Manitoba

52(6)

The registrar may apply to the court for an order for a person to be examined who resides outside Manitoba.

Queen's Bench Rules apply

52(7)

In an application under subsection (6), the Queen's Bench Rules that pertain to obtaining an order for a person to be examined who resides outside Manitoba apply.

Hearing in absence of investigated person

The panel, on proof of service on the investigated person of the notice of hearing, may

(

a) proceed with the hearing in the absence of the investigated person or his or her agent; and

(

b) act, decide or report on the matter being heard in the same way as if the investigated person were in attendance.

DECISION OF PANEL

Findings of panel

If, at the conclusion of a hearing, the panel finds that the investigated person

(

a) is guilty of professional misconduct;

(

b) has contravened this Act, the by-laws, standards of practice, code of ethics or a practice direction of the college;

(

c) has been found guilty of an offence that is relevant to the investigated person's suitability to practise pharmacy or operate a pharmacy;

(

d) has displayed a lack of knowledge or lack of skill or judgment in the practice of pharmacy or operation of a pharmacy;

(

e) has demonstrated an incapacity or unfitness to practise pharmacy or operate a pharmacy;

(

f) is suffering from an ailment that might, if the investigated person continues to practise pharmacy or operate a pharmacy, constitute a danger to the public; or

(

g) is guilty of conduct unbecoming a member;

it must deal with the investigated person in accordance with this Act.

Orders of panel

55(1)

If the panel makes any of the findings described in

section 54, it may make one or more of the following orders:

(

a) reprimand the investigated person;

(

b) suspend, for a stated period, one or more of the following held by the investigated person:

(

i) certificate of registration,

(ii) pharmacist licence,

(iii) pharmacy licence;

(

c) suspend, until the investigated person has completed a specified course of studies or supervised practical experience, or both, to the satisfaction of any person or committee that the panel may determine, one or more of the following held by the investigated person:

(

i) certificate of registration,

(ii) pharmacist licence,

(iii) pharmacy licence;

(

d) suspend, until the investigated person satisfies a person or committee that the panel may determine that a disability or addiction can be or has been overcome, one or more of the following held by the investigated person:

(

i) certificate of registration,

(ii) pharmacist licence,

(iii) pharmacy licence;

(

e) accept, in place of a suspension under clause (b), (

c) or (d), the investigated person's undertaking to limit his or her practice of pharmacy or pharmacy operation;

(

f) impose conditions on the investigated person's entitlement to practise pharmacy or operate a pharmacy, including conditions that he or she

(

i) practise pharmacy or operate a pharmacy under supervision,

(ii) permit periodic inspections of his or her practice of pharmacy or pharmacy operation,

(iii) permit periodic audits of records,

(iv) report on specified matters to any person or committee that the panel may determine,

(

v) not engage in sole practice;

(

g) require the investigated person to take counselling or treatment;

(

h) direct the investigated person to waive, reduce or repay money paid to the investigated person that, in the opinion of the panel, was unjustified for any reason;

(

i) cancel one or more of the following held by the investigated person:

(

i) certificate of registration,

(ii) pharmacist licence,

(iii) pharmacy licence.

Panel may consider censures, orders, practice directions

55(2)

To assist the panel in making an order under this section, the panel may be advised of

(

a) any censure, order or warning previously issued to the investigated person and the circumstances under which it was issued; and

(

b) any practice direction made by the council that is relevant to the hearing.

Ancillary orders

55(3)

The panel may make any ancillary order that is appropriate or required in connection with an order mentioned in subsection (1) or may make any other order that it considers appropriate in the circumstances, including an order that

(

a) a further or new investigation be held into any matter; or

(

b) a panel be convened to hear a complaint without an investigation.

Costs when conditions imposed

55(4)

If the panel imposes conditions on an investigated person's entitlement to practise pharmacy or operate a pharmacy under clause (1)(f), it may also order the investigated person to pay all or any part of the costs incurred by the college in monitoring compliance with those conditions.

Contravention of order

55(5)

If the council is satisfied that an investigated person has contravened an order made under subsection (1), it may, without a further hearing, cancel one or more of the following held by the investigated person:

(

a) certificate of registration;

(

b) pharmacist licence;

(

c) pharmacy licence.

Costs and fines

56(1)

The panel may, in addition to or instead of dealing with the investigated person's conduct in accordance with

section 55, order that the investigated person pay to the college, within the time set by the order,

(

a) all or part of the costs of the investigation, hearing and appeal;

(

b) a fine

(

i) not exceeding $25,000., if the person is an individual, or

(ii) not exceeding $50,000., if the person is not an individual; or

(

c) both the costs under clause (

a) and the fine under clause (b).

Nature of costs

56(2)

The costs referred to in subsection (1) may include, but are not limited to,

(

a) all disbursements incurred by the college, including

(

i) fees and expenses for experts, investigators, inspectors and auditors whose reports or attendances were reasonably necessary for the investigation or hearing,

(ii) fees, travel costs and reasonable expenses of any witnesses required to appear at the hearing,

(iii) fees for retaining a reporter and preparing transcripts of the proceedings, and

(iv) costs of service of documents, long distance telephone and facsimile charges, courier delivery charges and similar miscellaneous expenses;

(

b) payments made to members of the panel or the complaints committee; and

(

c) costs incurred by the college in providing counsel for the college and the panel, whether or not counsel is employed by the college.

Failure to pay costs and fines by time ordered

56(3)

If the investigated person is ordered to pay a fine or costs or both under subsection (1), or costs under subsection 55(4), and fails to pay within the time ordered, the registrar may cancel, until payment is made, one or more of the following held by the investigated person:

(

a) certificate of registration;

(

b) pharmacist licence;

(

c) pharmacy licence.

Filing of order

56(4)

The college may file an order under subsection (1) in the court, and on the order being filed it may be enforced in the same manner as a judgment of the court.

Written decision

57(1)

Within 90 days after the completion of a hearing, the panel must make a written decision on the matter consisting of the reasons for its decision and a statement of any order made by it.

Decision forwarded to registrar

57(2)

The panel must forward to the registrar

(

a) the decision; and

(

b) any record of the proceedings and all exhibits and documents.

Service of decision

57(3)

On receiving the decision and record, the registrar must serve a copy of the decision on the investigated person and the complainant.

Copies of transcript and record

57(4)

The investigated person may examine the record of the proceedings before the panel, and is entitled to receive, on payment of the cost of providing it, a copy of the record or a transcript of the oral evidence given before the panel.

Publication of decision

In any proceeding under this Part, the college may, after the decision and any order has been served on the investigated person, publish the circumstances relevant to the findings and any order of the panel — even if the proceeding or part of it was held in private. If the panel makes an order against the investigated person under

section 55 or 56, the college may also publish the investigated person's name.

APPEAL TO COURT

Appeal to Court of Appeal

59(1)

An investigated person in respect of whom a finding or order is made by the panel under

section 54, 55 or 56 may appeal the finding or order to the Court of Appeal.

Commencement of appeal

59(2)

An appeal must be commenced

(

a) by filing a notice of appeal; and

(

b) by giving a copy of the notice of appeal to the registrar;

within 30 days after the date on which the decision of the panel is served on the investigated person.

Appeal on the record

59(3)

An appeal must be founded on the record of the hearing before the panel and the decision of the panel.

Powers of Court on appeal

On hearing the appeal, the Court of Appeal may

(

a) make any finding or order that in its opinion ought to have been made;

(

b) quash, vary or confirm the decision of the panel or any part of it; or

(

c) refer the matter back to the panel for further consideration in accordance with any direction of the Court.

Stay pending appeal

The decision and any order of the panel remains in effect pending an appeal unless the Court of Appeal, on application, stays the decision and any order pending the appeal.

REINSTATEMENT

Reinstatement

The council may, on application by a person whose registration, pharmacist licence or pharmacy licence has been cancelled, direct the registrar to reinstate the person's name in the register or re-issue a licence, subject to any conditions that the council may impose, and may order the person to pay any costs arising from the imposition of such conditions.

PART 7

PHARMACIES

Pharmacy licence

No person shall establish or operate a pharmacy except under the authority of a pharmacy licence issued under this Part for a pharmacy of that category.

Application for licence

64(1)

An applicant for a pharmacy licence must, at least 30 days before the date the applicant intends to operate a pharmacy, or at such other time as may be acceptable to the registrar, file an application with the registrar for a pharmacy licence of the category of pharmacy that the applicant intends to operate, in a form and disclosing such information as may be required by the by-laws.

Contents of application

64(2)

The application must include

(

a) the location and work to be performed at each facility to be included under the pharmacy licence;

(

b) evidence satisfactory to the registrar

(

i) respecting the ownership of the pharmacy, and if the applicant is a corporation, respecting the legal and beneficial ownership of the corporation's shares, the names of the corporation's officers and directors, and confirmation that the corporation is in good standing under The Corporations Act ,

(ii) that the premises are suitable for the purpose of a pharmacy, and

(iii) that a member will be physically present in the pharmacy at all times required by the standards of practice and all relevant practice directions;

(

c) the name or names under which the pharmacy will conduct business, and evidence satisfactory to the registrar that the name or names will not contravene the code of ethics adopted under

section 76;

(

d) the name of a member who will be designated as the pharmacy manager;

(

e) evidence satisfactory to the registrar that

(

i) the applicant,

(ii) if the applicant is a corporation, the corporation's legal and beneficial owners, officers and directors, and

(iii) if the applicant is a partnership, its partners,

have not been subject to disciplinary, criminal or administrative sanction in any jurisdiction which, in the opinion of the registrar, would make it inappropriate for the applicant to operate a pharmacy;

(

f) an undertaking that the pharmacy will be operated in accordance with this Act, the by-laws, the code of ethics, the standards of practice and all relevant practice directions; and

(

g) any other information required by the regulations.

Pharmacy manager

64(3)

The person designated to be the pharmacy manager under clause (2)(

d) must

(

a) satisfy the registrar that he or she has not been subject to disciplinary, criminal or administrative sanction in any jurisdiction which, in the opinion of the registrar, would make it inappropriate for him or her to act as a pharmacy manager;

(

b) satisfy the registrar that he or she meets any other qualifications set out in the regulations; and

(

c) provide the registrar with an undertaking that the pharmacy will be operated in accordance with this Act, the by-laws, the code of ethics, the standards of practice and all relevant practice directions.

Separate application for facility

64(4)

An applicant must file a separate application for a separate facility that is part of the pharmacy operation, if required by the regulations.

Application by a corporation

64(5)

If the applicant is a corporation, the application must set out

(

a) the name and address of every director of the corporation; and

(

b) the name of every director of the corporation who is a member.

Application by a partnership

64(6)

If the applicant is a partnership, the application must

(

a) set out the name and address of each partner, and indicate whether or not each partner is a member; and

(

b) identify whether each partner is a general partner, a limited partner, or both a general and a limited partner.

Issuance of a pharmacy licence

65(1)

The registrar must issue a pharmacy licence to the applicant, in a form prescribed by the by-laws, if the applicant

(

a) meets all of the requirements of

section 64;

(

b) meets any other requirements specified in the regulations; and

(

c) pays the fee provided for in the by-laws for the appropriate category of pharmacy licence.

Terms or conditions

65(2)

The registrar may issue a pharmacy licence subject to any terms or conditions he or she considers advisable.

Duration

65(3)

A pharmacy licence remains in force for the time prescribed in the by-laws.

Register of licensed pharmacies

65(4)

The registrar must enter in the register of licensed pharmacies the name of a person to whom a licence is issued under this Part.

Application for renewal of a pharmacy licence

66(1)

An owner may apply for renewal of a pharmacy licence, before the date the licence expires or such other time as may be acceptable to the registrar, by filing an application and completing the other requirements of

section 64.

Renewal of a pharmacy licence

66(2)

The registrar must renew a pharmacy licence if the applicant

(

a) meets all of the requirements of

section 64;

(

b) meets any other requirements specified in the regulations; and

(

c) pays the renewal fee provided for in the by-laws for the appropriate category of pharmacy licence.

Subsections 65(2) to (4) apply, with the necessary changes, to the renewal of a pharmacy licence.

Appeal

If the registrar refuses to issue or renew a pharmacy licence, or issues or renews a licence subject to terms or conditions, the applicant may appeal the registrar's decision, and sections 21 and 22 apply with the necessary changes.

Obligations of owner

The owner of a licensed pharmacy must

(

a) ensure that a member is physically present in the pharmacy at all times required by the standards of practice and all relevant practice directions;

(

b) ensure that the pharmacy licence, and the pharmacist licence of every member employed in the pharmacy, is displayed in a conspicuous public place in the pharmacy;

(

c) notify the registrar in writing of the name of the pharmacy manager and every member, student and intern employed by the owner, and notify the registrar of any change in the employment of those persons within seven days after the change; and

(

d) comply with any other requirements specified in the regulations.

Complaints

A complaint against a pharmacy must be dealt with under

Part 6 as a complaint against the owner or the pharmacy manager, or both.

Change in ownership of pharmacy

(

a) the ownership or control of a pharmacy changes in the manner and to the extent prescribed in the regulations; or

(

b) in a pharmacy owned or operated by a corporation, a majority of the shares of the corporation are sold, transferred or otherwise disposed of;

the holder of the pharmacy licence must notify the registrar within seven days after the change, and the registrar may cancel the licence and require that an application for a new pharmacy licence under this Part be made.

Carrying on business of a bankrupt person

An owner who becomes bankrupt or insolvent or makes an assignment for the benefit of creditors must so notify the registrar, and the trustee in bankruptcy, receiver, receiver-manager or assignee may operate the pharmacy for the purposes of the bankruptcy, insolvency or assignment if the pharmacy continues to be overseen by a pharmacy manager.

Use of titles: any retail or wholesale business

72(1)

No person except an owner shall use any of the following titles in connection with a retail or wholesale business:

(a) "pharmacy" or "apothecary";

(b) "drug" or "drugs";

(c) "pharmacist", "pharmaceutical chemist", or "druggist";

or a variation or abbreviation of any of those titles, or an equivalent in another language.

Use of titles: retail or wholesale business implying that it is licensed

72(2)

No person except an owner shall use any of the following titles, in connection with a retail or wholesale business, in a manner that implies that the business is licensed under this Act:

(a) "prescription", "prescriptions", or "Rx";

(b) "medicine"or "medicines";

or a variation or abbreviation of any of those titles, or an equivalent in another language.

PART 8

REGULATIONS, BY-LAWS

AND CODE OF ETHICS

Regulations

73(1)

The council may make regulations

(

a) respecting registration under

Part 4, including establishing the qualifications, experience and other requirements to be met by applicants for registration and for renewal and reinstatement of registration;

(

b) respecting the licensing of pharmacists under

Part 4, including creating separate categories of licences, prescribing the qualifications, requirements and scope of practice for each category, and the renewal and reinstatement of licences;

(

c) respecting the licensing of pharmacies under

Part 7, including creating separate categories of licences, prescribing the qualifications, requirements and scope of operation for each category, and the renewal and reinstatement of licences;

(

d) respecting the establishment, content and maintenance of registers under

section 9, and designating information contained in a register that may be made public;

(

e) specifying the rights and obligations of pharmacists whose names appear on the conditional register of pharmacists;

(

f) defining by education, experience or otherwise, general or specialized areas of pharmacy practice under

section 15;

(

g) establishing, or authorizing the council to establish, continuing competence programs and professional development programs required for obtaining or renewing a pharmacist licence;

(

h) respecting pharmacy technicians, including establishing the qualifications, experience and other requirements that must be held by a pharmacy technician;

(

i) specifying the requirements for temporary practice under clause 18(1)(b);

(

j) respecting standards of practice for the practice of pharmacy and for the operation of pharmacies;

(

k) respecting the prescribing and administering of drugs by a member, either independently or collaboratively with other practitioners, including

(

i) specifying the qualifications and other requirements that a member must have or meet,

(ii) designating drugs that a member may prescribe or administer,

(iii) specifying circumstances in which a member may prescribe or administer a drug, and

(iv) specifying measures to address situations in which a member sells a drug that he or she has authority to prescribe;

(

l) respecting the

interpretation of patient-administered automated tests by a member, including

(

i) specifying the qualifications and other requirements that a member must have or meet,

(ii) designating patient-administered automated tests that a member may interpret, and

(iii) specifying circumstances in which a member may interpret a patient-administered automated test;

(

m) respecting the ordering and receiving of screening and diagnostic tests by a member, including

(

i) specifying the qualifications and other requirements that a member must have or meet,

(ii) designating screening and diagnostic tests that a member may order and receive, and

(iii) specifying circumstances in which a member may order and receive a screening or diagnostic test;

(

n) permitting the compounding or dispensing of drugs by practitioners under clause 3(2)(c), and respecting the conditions under which such compounding or dispensing may be carried out;

(

o) respecting the supplying of drugs by members;

(

p) prescribing circumstances in which a member may delegate tasks to students, interns, pharmacy technicians and other persons, under clause 3(2)(f);

(

q) prescribing conditions to be imposed on the dispensing or sale of drugs or classes or drugs;

(

r) prescribing information required to be recorded on a prescription form or a drug container label;

(

s) prescribing the records to be made and maintained by members and owners, including the length of time they must be maintained;

(

t) specifying the manner in which records must be made and maintained, including requiring the use of computer systems for record-keeping;

(

u) governing the method of publishing a notice of the suspension or cancellation of a registration or licence under

Part 4 or

Part 6, a censure, or a decision of the discipline committee to which

section 58 applies;

(

v) establishing or authorizing the council to establish qualifications for pharmacy managers under subsection 64(3);

(

w) establishing or authorizing the council to establish

(

i) requirements regarding the number and nature of the names under which a pharmacy may operate, and

(ii) for the purpose of subsection 644, requirements for filing a separate licence application for a separate facility that is part of a pharmacy operation;

(

x) establishing owners' obligations for the operation of pharmacies under clause 68(d);

(

y) prescribing the circumstances in which a change in the ownership or control of a licensed pharmacy must be reported under

section 70;

(

z) requiring members to carry professional liability insurance and governing the coverage required to be carried;

(aa) requiring owners to carry liability insurance and governing the coverage required to be carried;

(bb) respecting the offering or providing of gifts, rebates, bonuses or inducements while engaging in the practice of pharmacy;

(cc) defining words and phrases that are used in this Act but are not defined in this Act;

(dd) prescribing any matter required or authorized by this Act to be prescribed by regulation;

(ee) respecting additional transitional provisions;

(ff) respecting any other matter that the council considers necessary or advisable.

Ministerial regulations

73(2)

The minister may make regulations

(

a) prescribing substances and mixtures of substances as drugs for the purpose of the definition "drug" in

section 1;

(

b) specifying drugs that can be sold only to a practitioner or pursuant to a prescription; and

(

c) designating persons or classes of persons as "practitioners" under this Act.

Incorporation by reference

73(3)

A regulation may incorporate by reference, in whole or in part, any code, standard or drug schedule, and it may incorporate it as amended from time to time, and subject to any changes that the maker of the regulation considers necessary.

Regulation may apply to part of the province, classes of persons

73(4)

A regulation may be general or particular in its application and may apply to one or more classes of persons, and to the whole or any part of the province.

Consult with members

74(1)

Before making a regulation under subsection 73(1), the council must

(

a) provide a copy of the proposed regulation to members for their review and comment; and

(

b) review and consider the comments received.

Approval of regulations

74(2)

A regulation under subsection 73(1) does not come into force until it is approved by the Lieutenant Governor in Council.

By-laws

75(1)

The council may make by-laws

(

a) for the governance of the college and the management and conduct of its affairs;

(

b) respecting the calling and conduct of meetings of the members and the council;

(

c) respecting

(

i) the nomination, election, appointment and number of council members,

(ii) the filling of vacancies on the council, the board and on any committee established by the council,

(iii) the appointment of ex officio members of the council, and acting members and ex officio members of the board and of any committee established by the council, and

(iv) the terms of office and the duties and functions of council members and ex officio members;

(

d) respecting the nomination, election and number of officers of the college, and prescribing their duties, functions and terms of office;

(

e) providing for the division of the province into districts and prescribing the number of council members to be elected from each district;

(

f) establishing classes of members and honorary members, and governing the rights, privileges and obligations of each class;

(

g) governing the number of members that constitutes a quorum at meetings of the members and the council;

(

h) governing the operation, proceedings and quorum of the complaints committee and the discipline committee;

(

i) setting remuneration, fees and expenses payable to members of the council, the board, the complaints committee, the discipline committee and any committee established under subsection 7(9);

(

j) prescribing fees payable for registration, licensing, renewal of a registration or licence, and any other service provided by the college;

(

k) respecting the holding of votes on any matter relating to the college, including voting by mail or any other method;

(

l) governing the establishment, operation and proceedings of committees or the board, the appointment and revocation of members and acting members of those committees or the board, and the procedures for filling vacancies on those committees or the board;

(

m) prescribing the term of office of the registrar and providing for the appointment of an individual as an acting registrar, who has all of the powers, duties and functions of the registrar under this Act when the registrar is absent or unable to act or when there is a vacancy in the office of registrar;

(

n) respecting procedures for the amendment or repeal of by-laws and the code of ethics;

(

o) prescribing the duration of pharmacist licences and pharmacy licences; and

(

p) prescribing, or authorizing council to prescribe, forms used for the purposes of this Act and not set out by regulation, including

(

i) an application for registration as a pharmacist, student or intern,

(ii) an application for each category of pharmacist licence,

(iii) an application for each category of pharmacy licence,

(iv) a certificate of registration,

(

v) a licence for each category of pharmacist, and

(vi) a licence for each category of pharmacy.

Incorporation by reference

75(2)

A by-law may incorporate by reference, in whole or in part, any code, standard or other document, and it may incorporate it as amended from time to time, and subject to any changes that the council considers necessary.

Amendment or repeal of by-laws

75(3)

After notice is given in accordance with the by-laws, a by-law made under subsection (1) may be amended or repealed by a majority of the members of the college

(

a) present and voting at a general meeting or a special general meeting; or

(

b) voting in a mail vote or other method of voting conducted in accordance with the by-laws.

Code of ethics

76(1)

The council may, by resolution, adopt a code of ethics governing the conduct of members, students, interns, and owners.

Incorporation by reference

76(2)

A code of ethics may incorporate by reference, in whole or in part, any code, standard or other document, and it may incorporate it as amended from time to time, and subject to any changes that the council considers necessary.

Consult with members

76(3)

Before adopting a code of ethics under subsection (1), the council must

(

a) provide a copy of the proposed code to members for their review and comment; and

(

b) review and consider the comments received.

Amendment or repeal of code of ethics

76(4)

After notice is given in accordance with the by-laws, a code of ethics may be amended or repealed by a majority of the members of the college

(

a) present and voting at a general meeting or a special general meeting; or

(

b) voting in a mail vote or other method of voting conducted in accordance with the by-laws.

PART 9

INTERCHANGEABLE PHARMACEUTICAL

PRODUCTS

Definitions

The following

definitions apply in this Part.

"dispenser" means a person who dispenses a drug pursuant to a prescription. (« fournisseur »)

"formulary" means the formulary established by regulation under

section 81. (« liste »)

"interchangeable product" means a product

(

a) that contains a drug or drugs in the same or similar amounts of the same or similar active ingredients in the same or similar dosage form as another product directed by a prescription; and

(

b) that is designated in the formulary as interchangeable with that other product directed by the prescription. (« produit interchangeable »)

Dispense as written

No dispenser shall, in dispensing a drug pursuant to a prescription, substitute one drug for another, or one brand of drug for another, without the consent of the practitioner, or except as allowed under this Part.

Substitution of interchangeable product

79(1)

If a prescription directs the dispensing of a specific interchangeable product, the dispenser must dispense either the interchangeable product that is prescribed or another interchangeable product at a cost that is not more than the sum of

(

a) subject to subsection (2), the cost for the lowest priced interchangeable product prescribed in the formulary; and

(

b) the maximum additional amount prescribed in the regulations.

Product not available

79(2)

If the lowest priced interchangeable product is not available despite reasonable efforts to obtain it, the amount in clause (1)(

a) must be the cost of the next lowest priced interchangeable product that is available.

Exception if "no substitution" instructions

79(3)

Subsection (1) does not apply if the dispenser is instructed by the practitioner issuing the prescription, or by the patient, to dispense the specific drug prescribed.

Method of giving "no substitution" instructions

79(4)

Instructions under subsection (3) are to be given

(

a) by the practitioner, by documenting "no substitution" on the original prescription or by giving oral instructions to the dispenser; or

(

b) by the patient, by giving oral or written instructions to the dispenser.

In either case, the dispenser must ensure that instructions for "no substitution" are documented on the original prescription, and that the documentation indicates whether the instructions were received from the practitioner or from the patient.

"No substitution" instructions continue

79(5)

If an interchangeable product is prescribed for a person on a continuing basis and the original prescription is subject to a "no substitution" instruction under subsection (3), any subsequent oral authorization for the continuation of that prescription must be dispensed according to the "no substitution" instruction, unless at the time of issuing a subsequent authorization the practitioner or the patient rescinds the "no substitution" instruction.

Amount charged if "no substitution" instruction

79(6)

If a prescription that includes a "no substitution" instruction directs the dispensing of an interchangeable product, the dispenser must not charge more for the product than the sum of

(

a) the cost of the product that is prescribed in the formulary; and

(

b) the maximum additional amount prescribed in the regulations.

No liability for dispensing interchangeable products

If an interchangeable product is dispensed in accordance with this Part, no action or other proceeding may be commenced against the practitioner who issued the prescription or the dispenser on the grounds that an interchangeable product other than the one prescribed was dispensed.

Regulations

The minister may make regulations

(

a) establishing a formulary that

(

i) designates products as interchangeable with one or more other products,

(ii) prescribes the maximum costs chargeable for interchangeable products, and

(iii) sets out information respecting pharmaceutical products;

(

b) prescribing the maximum additional charges for interchangeable products for the purpose of clauses 79(1)(

b) and 79(6)(b); and

(

c) prescribing conditions, including the payment of fees, to be met by manufacturers of products in order for those products to be designated as interchangeable products in the formulary.

PART 10

GENERAL PROVISIONS

INSPECTORS

Appointment of inspectors

82(1)

The council may appoint one or more inspectors for the purposes of this Act.

Audit or inspection of a pharmacy practice or operation

82(2)

An inspector may audit or inspect a pharmacy practice or pharmacy operation, and must report his or her findings to the registrar at the conclusion of each audit or inspection.

Entry of premises and inspection of records

82(3)

For the purpose of administering or enforcing this Act, the code of ethics, the standards of practice, the by-laws and practice directions, an inspector may at any reasonable time, and when requested upon presentation of an identification card issued by the council,

(

a) without a warrant, enter any business premises under the control of a member or owner, including a licensed pharmacy, and make any inspection that may be reasonably required to determine compliance with this Act, the code of ethics, the standards of practice, the by-laws and practice directions;

(

b) require the production by the member or owner of any record, document, substance or thing that the inspector reasonably considers necessary for the purpose of determining compliance;

(

c) photograph or create images, using film or digital equipment, of a pharmacy, its contents or staff;

(

d) remove substances and things for examination or test purposes, upon giving a receipt.

Entry with order

82(4)

If a justice is satisfied by information under oath that there are reasonable grounds for believing it is necessary for an inspector to enter a building, vehicle or other place — whether or not it is a business premises under the control of a member or owner — for the purpose of administering or enforcing this Act, the standards of practice, the code of ethics, the by-laws or a practice direction, and

(

a) a reasonable, unsuccessful effort to effect entry without the use of force has been made; or

(

b) there are reasonable grounds for believing that entry would be denied without an order;

the justice may at any time, and if necessary upon application without notice, issue an order authorizing the inspector and such other persons as may be named in the order, with such peace officers as are required to assist, to enter the building, vehicle or other place and to take any action that an inspector may take under this Part.

Order to produce records, etc.

82(5)

If a justice is satisfied by information under oath that there are reasonable grounds for believing it is necessary for an inspector to have access to records, documents, substances or things that are in the possession or under the control of a member or owner, for the purpose of administering or enforcing this Act, the standards of practice, the code of ethics, the by-laws or a practice direction, and

(

a) a reasonable, unsuccessful effort to require the member or owner to produce the records, documents, substances or things has been made; or

(

b) there are reasonable grounds for believing that a request for the production of the records, documents, substances or things would be denied without an order;

the justice may at any time, and if necessary upon application without notice, issue an order requiring the member or owner to produce the records, documents, substances or things, and giving the inspector access to them to take any action that an inspector may take under this Part.

No obstruction of inspector

82(6)

No person shall obstruct an inspector or withhold from an inspector, or conceal or destroy, any records, documents, substances or things relevant to an audit or inspection.

Use of data processing system and copying equipment

83(1)

An inspector carrying out an inspection under this Part may

(

a) use a data processing system at a place or premises where records, documents, substances or things are kept, to examine any data contained in or available to the system;

(

b) reproduce, in the form of a printout or other intelligible output, any record from the data contained in or available to a data processing system at the place or premises; and

(

c) use any copying equipment at the place or premises to make copies of any record or document.

Removal of records, etc. to make copies

83(2)

If an inspector carrying out an inspection is not able to make copies of records or documents at the place or premises being inspected, he or she may remove them from the place or premises to make copies. The inspector must make the copies as soon as practicable and return the original records or documents to the place or premises from which they were removed.

Copies as evidence

A record or document certified by an inspector to be a printout or copy of a record or document obtained under this Part

(

a) is admissible in evidence without proof of the office or signature of the person purporting to have made the certificate; and

(

b) has the same probative force as the original record or document.

Audit for other professions

Upon the college receiving a written request by a body having statutory authority to govern

(

a) a profession in Manitoba; or

(

b) the practice of pharmacy in a jurisdiction outside of Manitoba;

an inspector may conduct an audit or inspection of a pharmacy practice or pharmacy operation, and share information resulting from the audit or inspection to the extent allowed under clause 94(2)(c).

SERVICE OF DOCUMENTS

Service of documents

86(1)

A notice, order or other document under this Act is sufficiently given or served if it is

(

a) delivered personally; or

(

b) sent by registered mail, or by another service that provides the sender with proof of delivery, to the intended recipient at that person's last address appearing in the records of the college.

Deemed receipt

86(2)

A notice, order or other document sent in accordance with clause (1)(

b) is deemed to be given or served five days after the day it was sent.

Deemed receipt even if document returned, etc.

86(3)

Subsection (2) applies even if the notice, order or other document is returned to the sender or refused, or if no proof of delivery receipt is available.

REGISTRAR'S CERTIFICATE AND LETTERS OF STANDING

Registrar's certificate

Any person may request a certificate, signed by the registrar and stating that a named person was or was not, on a specified day or during a specified period,

(

a) a member;

(

b) an owner;

(

c) an inspector; or

(

d) a member of the council, the board or a committee established under this Act or the by-laws;

and the certificate is admissible in evidence in any proceeding as proof of the facts stated, unless the contrary is shown. Proof of the registrar's appointment or signature is not required.

Letters of standing

The registrar must, on request by a member or owner, issue a letter of standing about the member or owner, in accordance with policies approved by the council. A letter of standing must contain

(

a) all information about the member or owner recorded in the register; and

(

b) a description of every matter outstanding before the complaints committee or discipline committee.

PROOF OF CONVICTION

Proof of conviction

For the purpose of proceedings under this Act, a certified copy, under the seal of the court or signed by the convicting judge or the Clerk of The Provincial Court, of the conviction of a person for any crime or offence under the Criminal Code (Canada) or under any other Act or regulation is conclusive evidence that the person has committed the crime or offence stated, unless it is shown that the conviction has been quashed or set aside.

OFFENCES

Offence

90(1)

A person who contravenes a provision of this Act or the regulations, other than

section 94 of this Act (confidentiality of information), is guilty of an offence and is liable on

summary conviction to a fine of not more than

(a) $10,000. for a first offence if the person is an individual;

(b) $25,000. for a subsequent offence if the person is an individual;

(c) $25,000. for a first offence if the person is not an individual; and

(d) $50,000. for a subsequent offence if the person is not an individual.

Offence re confidential information

90(2)

A person who contravenes

section 94 is guilty of an offence and is liable on

summary conviction to a fine of not more than $50,000.

Fraudulent representation on application for registration or licence

90(3)

A person who obtains, or attempts to obtain, registration as a member of the college or a licence under this Act by making a false or fraudulent representation or declaration, either orally or in writing, and any person who knowingly assists in making such a representation or declaration, is guilty of an offence and is liable on

summary conviction to a fine of not more than

(a) $10,000. if the person is an individual; and

(b) $25,000. if the person is not an individual.

Offence by employer

90(4)

If the employer of a member knowingly permits the member to fail to comply with a condition of the member's certificate of registration or licence, the employer is guilty of an offence and is liable on

summary conviction to a fine of not more than

(a) $10,000. if the employer is an individual; and

(b) $25,000. if the employer is not an individual.

Liability of directors, officers and employees

90(5)

If a corporation commits an offence under this Act, a director, officer, employee or agent of the corporation who directed, authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on

summary conviction to a fine of not more than $25,000., whether or not the corporation has been prosecuted or convicted.

Limitation on prosecution

90(6)

A prosecution under this Act may not be commenced later than two years after the day the alleged offence was committed.

Prosecution of offence

90(7)

Any person may be a prosecutor or complainant in the prosecution of an offence under this Act, and the government may pay to the prosecutor a portion of any fine or costs recovered, in an amount that it considers appropriate, toward the costs of the prosecution.

Stay of proceedings

90(8)

When the college is the prosecutor of an offence under this Act, it may apply for a stay of proceedings in the prosecution, and the court must grant the stay.

Single act of unauthorized practice or operation

In any prosecution under this Act it is sufficient to prove that the accused has done or committed a single act of unauthorized practice or unauthorized operation of a pharmacy, or has committed on one occasion any of the acts prohibited by this Act.

PROTECTION FROM LIABILITY

Protection from liability

No action or proceeding may be brought against the college, the council, the registrar, a person conducting an investigation, an inspector, a member of the board or a committee established under this Act or the by-laws, or any employee, officer or person acting on the instructions of any of them, for anything done or not done, or for any neglect,

(

a) in the performance or intended performance of a duty under this Act, the regulations or the by-laws; or

(

b) in the exercise or intended exercise of a power under this Act, the regulations or the by-laws;

unless the person was acting in bad faith.

Limitation period re members

No member is liable in any action for negligence or malpractice by reason of professional services requested or rendered, unless the action is commenced within two years after the date when, in the matter complained of, those professional services terminated.

CONFIDENTIALITY OF INFORMATION

Definitions

94(1)

The following

definitions apply in this

section and

section 95.

"personal health information" means personal health information as defined in The Personal Health Information Act . (« renseignements médicaux personnels »)

"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act . (« renseignements personnels »)

Confidentiality of information

94(2)

Subject to

section 95, every person employed, appointed or retained for the purpose of administering this Act, and every member of the council or a committee of the council, must preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and must not communicate any information to any other person, except

(

a) to the extent the information is available to the public or is required to be disclosed under this Act;

(

b) in connection with the administration of this Act, including, but not limited to, registration and licensing, complaints, the governing of the profession and pharmacy operations, allegations of members' or owners' incapacity, unfitness, incompetence or acts of professional misconduct or misconduct in the operation of a pharmacy;

(

c) to a body having statutory authority to govern

(

i) a profession in Manitoba, or

(ii) the practice of pharmacy in any other jurisdiction;

to the extent the information is required for that body to carry out its mandate;

(

d) as may be required for the administration of The Health Services Insurance Act or The Prescription Drugs Cost Assistance Act ;

(

i) either

(

A) the information is required for the protection of public health and safety, or

(

B) the information is concerning the practice of health professions in any jurisdiction, and

(ii) the information does not disclose personal health information; or

(

f) information about the practice of pharmacy and operation of pharmacies generally under this Act.

Non-identifying information

94(3)

When disclosing information under subsection (2), the following rules apply:

(

a) personal information and personal health information must be disclosed only if non-identifying information will not accomplish the purpose for which the information is disclosed;

(

b) personal information or personal health information disclosed must be limited to the minimum amount necessary to accomplish the purpose for which it is disclosed.

Despite this subsection, personal health information must not be disclosed under clause (2)(e).

Registrar to collect information

95(1)

In addition to any other information maintained in administering this Act, the registrar must collect and record each member's

(

a) date of birth;

(

b) sex; and

(

c) education or training, as required for registration and licensing.

Member must provide information

95(2)

A member must provide the registrar with the information required under subsection (1), in the form and at the time specified by the registrar.

Minister may require information

95(3)

The minister may request in writing that the registrar provide information about members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(

a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(

b) to generate information — in non-identifying form — for statistical purposes.

Registrar to provide information to minister

95(4)

The registrar must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time specified by the minister after consulting with the registrar.

Minister may disclose information

95(5)

Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(

a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(

b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

95(6)

The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(

a) a regional health authority established or continued under The Regional Health Authorities Act ;

(

b) Regional Health Authorities of Manitoba, Inc.;

(

c) CancerCare Manitoba;

(

d) The Manitoba Centre for Health Policy;

(

e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

INJUNCTION

Injunction

The court, on application by the college, may grant an injunction enjoining any person from doing any act that contravenes this Act, the regulations, the by-laws, the code of ethics, the standards of practice or a practice direction, despite any penalty that may be provided by this Act in respect of that contravention.

DUTY TO REPORT

Duty of members to report

97(1)

A member who believes that another member is suffering from a physical or mental condition or disorder of a nature or to an extent that the other member is unfit to continue to practise or that his or her practice or pharmacy operation should be restricted, must inform the registrar of that belief and the reasons for it.

Exemption from liability for disclosure

97(2)

A member who discloses information under subsection (1) is not subject to any liability as a result, unless it is established that the disclosure was made maliciously.

EMPLOYER'S RESPONSIBILITIES

Responsibility to ensure registration and licence

98(1)

Every person who employs a pharmacist must ensure that the pharmacist is registered under this Act and holds a current pharmacist licence of a category appropriate for his or her employment during the period of employment.

Responsibility to report professional misconduct

98(2)

If a person who employs a pharmacist terminates the pharmacist's employment for professional misconduct, incompetence or incapacity, the employer must promptly report the termination to the registrar in writing and give the pharmacist a copy of the report.

Responsibility for employees

Every owner and every pharmacy manager is liable for

(

a) every offence against this Act; and

(

b) every matter referred to the complaints committee under

section 32;

committed by or arising out of the conduct of an employee, or any person under the supervision of the owner or manager, if the owner or manager directed, authorized, permitted or acquiesced in the commission of the offence or in the matter.

ANNUAL REPORT

Annual report

100(1)

The college must submit an annual report to the minister within four months after the end of each fiscal year.

Contents of report

100(2)

The report must include the following information for the fiscal year for which the report is submitted:

(

a) a description of the structure of the college, including its committees and their functions;

(

b) the names of the members of the council, the board of examiners and each committee;

(

c) a copy of each by-law or amendment to a by-law that was made;

(

d) the number of applications for registration and licences that were received and their disposition;

(

e) the number of complaints that were received and their disposition;

(

f) the number of members disciplined, the reasons for the discipline and the sanctions imposed;

(

g) the number of audits and inspections conducted and the outcomes of the audits and inspections;

(

h) the methods used to assure the continuing competence of members;

(

i) a financial report on the operation of the college;

(

j) any other information the minister requires.

PART 11

TRANSITIONAL, REPEAL, C.C.S.M.

REFERENCE AND COMING INTO FORCE

"Former Act" defined

101(1)

In this section, "former Act" means The Pharmaceutical Act , S.M. 1991-92, c. 28.

Registration continued

101(2)

An individual who is registered under the former Act immediately before this Act comes into force is deemed to be registered under this Act.

Pharmacist licence continued

101(3)

A pharmacist who is a licensed pharmacist under the former Act immediately before this Act comes into force is deemed to hold a pharmacist licence under this Act.

Pharmacy licence continued

101(4)

A pharmacy operation that operates under a pharmacy licence issued under the former Act immediately before this Act comes into force is deemed to be licensed and operating under a pharmacy licence under this Act.

Application for registration or licence continued

101(5)

An application for registration or licensing made under the former Act but not concluded before the coming into force of this Act must be dealt with under this Act.

Council continued

101(6)

The members of the council and officers of the association under the former Act are deemed to be members of the council and officers of the college under this Act, elected or appointed for the same periods and holding the same offices.

Complaints under former Act: discipline hearing commenced

101(7)

If, on the day this Act comes into force, a decision or direction to refer a matter to the discipline committee has been made under subsection 21(1) of the former Act, the matter must be concluded under the former Act as though this Act had not come into force.

Complaints under former Act: no discipline hearing commenced

101(8)

A matter about which no decision or direction to refer the matter to the discipline committee has been made under subsection 21(1) of the former Act before the coming into force of this Act must be dealt with under this Act.

Written cautions

101(9)

A formal, written caution issued under the former Act is deemed to be a censure issued under this Act.

Repeal

The Pharmaceutical Act , S.M. 1991-92, c. 28, is repealed.

C.C.S.M. reference

This Act may be referred to as

chapter P60 of the Continuing Consolidation of the Statutes of Manitoba .

Coming into force

This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill replaces the existing Pharmaceutical Act . It defines the practice of pharmacy and provides for the regulation of the profession.

The key differences from the existing Act are as follows:

continuing The Manitoba Pharmaceutical Association as the College of Pharmacists of Manitoba;

allowing for the expansion of pharmacists' scope of practice;

providing for pharmacist profiles;

allowing pharmacy operations to include licensed off-site facilities as part of their pharmacy practice;

requiring the College to submit an annual report to the Minister of Health.

Document details

Collection	Manitoba — Debates (Hansard)
Citation	38-5 b041e.php
Type	bill
Volume / chapter	38 5 b041e.php
Language	en
Format	html
Source	PROVINCIAL
Identifier	90fe767d9c6c875d771d12be4dee1d8eaa02e83d

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