First

Session, 47th General Assembly

Elizabeth II, 2012

BILL 50

AN ACT TO REGULATE THE

PRACTICE OF PHARMACY

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

SUSAN SULLIVAN

Minister of Health and Community Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would repeal and substitute

the Pharmacy Act . The Bill would

change the composition of the

board to include the Dean of the School

of Pharmacy of Memorial University ,

a pharmacy technician elected by pharmacy technicians and 2 members appointed

by the board to represent the public interest;

allow the board to regulate

pharmacy technicians;

allow the board to register

interns;

allow pharmacy students and

interns to perform, under the supervision of a pharmacist, tasks within the

scope of practice of a pharmacist;

require the board to maintain a

website and prescribe the information to be contained on the website;

establish a quality assurance

program that includes continuing education and professional development; and

incorporate quality assurance

measures by authorizing the appointment of a quality assurance committee to

perform quality assurance reviews, and by requiring compliance with those reviews.

A BILL

AN ACT TO REGULATE THE PRACTICE

OF PHARMACY

Analysis

Short title

Definitions

Non-application of Act

PART

ASSOCIATION

Association continued

PART

LICENSING BOARD

Licensing board

Appointed members

Objects

Meetings of the board

Annual report

Fees

By-laws

Committees

Website

PART

III

REGISTRATION, ADMISSION AND

EXAMINATION

Registration of pharmacists

Registration of interns

Registration of students

Pharmacy technicians

Registration renewal

Registers

Entry on register

Certificate of registration

Proof of registration

Pharmacy licence

PART

PRACTICE

Members only to use designation

Prohibition

Out of province prescriptions

Display of licence

Responsibility

Hospital pharmacy

Cessation of operation

Protection from liability

Disclosure of information

Notices

Compliance with request for information

PART

DISCIPLINE

Definitions

Committees

Allegation

Effect of filing allegation

Complaints authorization committee

Adjudication tribunal

Hearing

Copies of books, etc. as evidence

Guilty plea by respondent

Powers of adjudication tribunal

Filing and publication of decisions

De-registration and suspension

Failure to comply

Supplementary hearing

Costs of the board

Collection of fine

Appeal to Trial Division

PART

QUALITY ASSURANCE

Quality assurance program

Quality assurance committee

Assessment

Report and compliance

Costs

Termination of review

Duty to report

PART

VII

GENERAL

Regulations

Contravention

Actions

Offence and penalties

PART

VIII

TRANSITIONAL, CONSEQUENTIAL, REPEAL AND COMMENCEMENT

Transition

SNL2011 cM-4.02 Amdt.

SNL2008 cP-7.01 Amdt.

SNL2006 cP-12.01 Amdt.

SNL1993 cT-4.1 Amdt.

SNL1994 cP-12.1 Rep.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Pharmacy Act,

Definitions

2. In

this Act

(a) "association" means the Pharmacists'

Association of Newfoundland and Labrador Inc. referred to in

section 4;

(b) "board" means the Newfoundland and Labrador Pharmacy Board

referred to in

section 5;

(c) "certificate" means a certificate of

registration issued under this Act;

(d) "department" means the department presided

over by the minister;

(e) "dispense" means to provide a

substance or item ordered by prescription but does not include the

administration of that substance or item to a person or animal;

(f) "drug" means a substance or

combination of substances used or intended to be used to diagnose, treat,

mitigate or prevent disease, disorder or an abnormal physical or mental state

or a symptom of them, or to restore, correct or modify organic functions in

humans or animals, including those substances or combinations of substances

listed or referred to in the regulations;

(g) "hospital" means a hospital operated by a regional health authority under the

Regional Health Authorities Act;

(h) "licence" means a licence issued

under

section 23;

(i) "member" means a person elected or

appointed as a member of the board;

(j) "minister" means the minister

appointed under the Executive Council Act to administer this Act;

(k) "pharmacist" means a person

registered under

section 14;

(l) "pharmacy" means that portion of a

place of business, shop, store or other location including that portion of a

hospital, institution or retail operation, compounding or re-packaging

facility, where scheduled drugs are, or were, prepared, compounded, dispensed

or sold or where the practice of pharmacy is or was carried out;

(m) "pharmacy technician" means a person

registered under

section 17;

(n) "practice of pharmacy" means

(

i) promoting the health, prevention and treatment

of diseases, disorders and dysfunctions through monitoring and management of

drug therapy,

(ii) assisting and advising patients by

contributing drug and non-drug therapy knowledge on drug and non-drug therapy

selection and use,

(iii) compounding, preparing, dispensing, administering

and selling drugs,

(iv) supervising and managing drug distribution systems

to maintain public safety and drug system security, and

(

v) conducting or collaborating in health-related

research

and includes teaching, consulting or advising

in the areas of pharmaceutical services, education, policy or research by a

person registered under this Act;

(o) "prescription" means an instruction,

directing that a drug be dispensed to or for a person or animal, given orally, in

writing or by an electronic means approved by the board by a person authorized

to do so by

an Act of the province or by a prescriber referred to in

section

26;

(p) "registrar" means the person

appointed as registrar by the board under

section 5;

(q) "scheduled drug" means a drug or

device listed in the

schedule to the regulations;

(r) "sell" means, directly or

indirectly, upon a pretence or by any means, to barter, distribute, give or

deliver, whether or not for consideration, including attempting to sell,

barter, give or deliver and offering, advertising, exposing or keeping for

sale; and

(s) "standards of practice" means the

minimal professional practice expectations for a registered pharmacy student,

intern, pharmacy technician or pharmacist in any setting or role, approved by the

board, including standards of practice and practice policies adopted by the

board or otherwise inherent in the pharmacy profession.

Non-application

of Act

(1) This

Act does not apply to

(

a) a medical practitioner licensed and acting

under the Medical Act, 2011 ;

(

b) a dentist or dental surgeon licensed and

acting under the Dental Act, 2008 ;

(

c) a veterinarian licensed and acting under the Veterinary Medical Act, 2004 ;

(

d) an optometrist licensed and acting under the Optometry Act, 2012 ; and

(

e) a nurse practitioner licensed and acting under

the Registered Nurses Act, 2008.

(2) This Act shall not extend to or interfere with

the dispensing of necessary drugs or medicines by registered nurses in the

course of duty when practising with the approval and under the general supervision

of a regional health authority.

PART I

ASSOCIATION

Association continued

(1) The Pharmacists Association of

Newfoundland and Labrador Inc. is continued as a corporation without share

capital for the purposes of

Part XXI of the Corporations Act .

(2) The objects of the association shall include,

notwithstanding anything in the by-laws of the association,

(

a) promoting and advancing pharmacy and related

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

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

the profession of pharmacy;

(

b) promoting liaison among the various branches

of pharmacy; and

(

c) negotiating with providers of prescription

drug payment programs.

(3) A pharmacist who pays the membership fee set

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

the by-laws of the association.

(4) Notwithstanding its incorporation under this

Act, the association shall be governed by the Corporations Act for all

purposes, including a change of the name of the association.

PART II

LICENSING BOARD

Licensing board

(1) The Newfoundland and Labrador Pharmacy Board is

continued as a corporation without share capital for the purposes of

Part XXI

of the Corporations Act .

(2) The board shall consist of:

(a) 7 members elected from and by pharmacists in

accordance with the by-laws;

(b) 2 members appointed by the minister under subsection

6(1) who are not pharmacists;

(c) 2 members appointed by the board under subsection

6(2) who are not pharmacists;

(

d) the Dean of the School

of Pharmacy of Memorial

University of Newfoundland

and Labrador ;

(

e) a pharmacy technician elected from and by pharmacy

technicians in accordance with the by-laws; and

(

f) the registrar of the board appointed by the

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

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

(3) Notwithstanding paragraph (2)(e), the first

pharmacy technician shall be appointed by the board for a term not exceeding 24

months and this

section applies to the pharmacy technician as if he or she were

elected under that paragraph.

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

ineligible to be a member of the board.

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

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

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

(6) Where the term of office of a person elected

under this

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

until re-elected or replaced.

(7) An elected member may resign by written notice

to the board.

(8) Where an elected member resigns, dies or

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

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

(9) Elected members shall serve without payment

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

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

(10) The board may pay the registrar for performing

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

(11) The board may appoint one or more pharmacists

as assistant registrars and may assign them duties which may include duties assigned

to the registrar by this Act.

(12) The board shall elect an executive from the

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

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

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

Appointed members

(1) The minister shall appoint 2 members

of the board who are not pharmacists who are suitable to represent the public

interest.

(2) The board shall appoint 2 members of the board

who are not pharmacists who are suitable to represent the public interest.

(3) A person appointed under this

section holds office

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

(4) Where a person appointed under this

section

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

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

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

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

under this

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

until re-appointed or replaced.

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

appointed to the board under this

section in accordance with guidelines

established by the Lieutenant-Governor in Council.

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

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

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

owing under subsection (6).

(8) A person appointed under subsection (2) may be

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

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

subsection (6).

(9) A person appointed under subsection (1) may resign

from the board by written notice to the minister.

(10) A person appointed under subsection (2) may resign

from the board by written notice to the board.

Objects

(1) The board shall regulate the practice

of pharmacy and the pharmacy profession in the public interest.

(2) The objects of the board include

(

a) the promotion of

(

i) high standards of practice, and

(ii) continuing competency and quality improvement

through continuing education;

(

b) the administration of a registration and

licensing program;

(

c) the establishment, maintenance and development

of standards for the operation of pharmacies; and

(

d) ensuring that the public interest is protected

in all matters relating to the practice of pharmacy.

Meetings of the

board

(1) A quorum of the board is 50% plus one

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

(2) Where there is a tie vote on a motion or

resolution of the board, that motion or resolution shall be considered to be

defeated.

(3) The board shall hold an annual general

meeting, to which all pharmacists and pharmacy technicians shall be invited.

(4) At the annual general meeting the board shall

(

a) appoint an auditor to audit the accounts of

the board;

(

b) report on the financial statement prepared by

the board; and

(

c) report on the work of the board during the

preceding year.

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

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

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

device that permits all persons participating in the meeting to communicate

with each other.

Annual report

(1) The board shall

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

(

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

(

b) the board's audited financial statements.

(2) The report referred to in paragraph (1)(

a) shall contain statistics respecting the frequency and circumstances of access

to patient records without patient consent under

section 54.

(3) The minister shall publish the annual report

on the Health and Community Services website.

(4) The board shall publish the annual report on

its website in a manner that the annual report may be accessed by a member of

the public.

(5) Where the board fails to comply with

subsections (1), (2) or (4), the board is guilty of an offence and is liable on

summary conviction to a fine of $1,000.

Fees

(1) The

board may set fees payable under this Act, and in so doing the board shall, so

far as it is practicable, ensure that the amount of fees is sufficient to

enable it to discharge its duties under this Act.

(2) All money received by the board shall be

applied by it to its duties under this Act.

By-laws

(1) The board may make by-laws not

inconsistent with this Act respecting

(

a) the holding of its meetings and the procedure

at those meetings;

(

b) the appointment, remuneration and duties of

the registrar;

(

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

and setting the terms of office;

(

d) the payment of travel and other expenses of

elected members;

(

e) the election of an executive under subsection

5(12);

(

f) a code of ethics which may include a

definition of "professional misconduct" and "conduct

unbecoming" for the purposes of

Part V and methods of advertising

considered advisable for pharmacists and pharmacies;

(

g) the remuneration and payment of travel

expenses of members of adjudication panels;

(

h) the participation of members at a meeting of

the board by telephone or other telecommunications device under

section 8;

(

i) the voting of the board by mail or electronic

means;

(

j) the types of registers to be kept by the registrar

and the information to be maintained on those registers;

(

k) the appointment and definition of duties of

examiners;

(

l) the issuance and term of certificates and

licences; and

(

m) information required from applicants for

registration or licensing.

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

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

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

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

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

Committees

12. The board may appoint committees to carry out

duties and functions directed by the board.

Website

(1) The

board shall maintain a website which shall be available to the public and shall

include

(

a) the board's annual report;

(

b) the registers maintained under

section 19;

(

c) copies of the regulations and by-laws made by

the board; and

(

d) the other information required by regulations.

(2) A person may request and the board shall

provide the information on its website to the person in paper form, and may

charge a reasonable fee for so doing.

PART III

REGISTRATION, ADMISSION AND

EXAMINATION

Registration of

pharmacists

14. The

board shall register an applicant as a pharmacist where he or she

(

a) applies in a manner and form prescribed by the

board;

(

b) provides proof satisfactory to the board that

he or she

(

i) has graduated from a Faculty of Pharmacy accredited

by the Canadian Council for the Accreditation of Pharmacy Programs or another

accreditation body approved by the board, or

(ii) was, immediately before making an application

for registration under this Act, registered, licensed, in good standing and

practising as a pharmacist under the laws of another province or territory of

Canada;

(

c) successfully completes a licensing examination

based upon the professional competency requirements that the board may establish;

(

d) provides a copy of the certificate of

qualification issued to him or her by the Pharmacy Examining Board of Canada or

another body approved by the board;

(

e) provides proof that he or she has obtained

professional liability insurance coverage in a form and amount satisfactory to

the board;

(

f) establishes that he or she is not suspended or

restricted with respect to the practice of pharmacy by a board or equivalent

body governing the practice of pharmacy in a jurisdiction outside the province;

sufficient to enable him or her to practice pharmacy in the province;

(

h) has completed a practical training period

(

i) pays the fees set by the board and any

outstanding fines or penalties which are owed to the board; and

(

j) meets the other requirements that may be prescribed

by regulations.

Registration of

interns

(1) The

board may register an applicant as an intern where he or she

(

a) applies in a manner and form prescribed by the

board;

(

b) provides proof satisfactory to the board that

he or she has graduated from a Faculty of Pharmacy accredited by the Canadian

Council for the Accreditation of Pharmacy Programs or another accreditation

body approved by the board;

(

c) provides proof that he or she has obtained

professional liability insurance coverage in a form and amount satisfactory to

the board;

(

d) pays the fees set by the board and any

outstanding fines or penalties which are owed to the board; and

(

e) meets the other requirements that may be

prescribed by regulations.

(2) Registration of an intern confers upon the

intern the right to perform tasks within the scope of practice of a pharmacist,

but only under the supervision of a pharmacist in accordance with the standards

of practice.

Registration of

students

(1) The

board shall register an applicant as a pharmacy student where

(

a) he or she applies in a manner and form

prescribed by the board;

(

b) he or she provides proof satisfactory to the

board that he or she is enrolled in a Faculty of Pharmacy accredited by the

Canadian Council for the Accreditation of Pharmacy Programs or another

accreditation body approved by the board;

(

c) he or she pays the fees set by the board and

any outstanding fines or penalties which are owed to the board; and

(

d) meets the other requirements that may be prescribed

by regulations.

(2) Registration of a student confers upon the

student the right to perform tasks within the scope of practice of a pharmacist,

but only under the direct supervision of a pharmacist.

(3) Only a registered pharmacy student enrolled in

a course of study in a Faculty of Pharmacy accredited by the Canadian Council

for the Accreditation of Pharmacy Programs or another accreditation body

approved by the board may identify himself or herself as a pharmacy student.

(4) Practical experience placements shall only be

completed by students registered with the board.

Pharmacy technicians

(1) The

board shall register an applicant as a pharmacy technician where he or she

(

a) applies in a manner and form prescribed by the

board;

(

b) provides proof satisfactory to the board that

he or she

(

i) has graduated from a pharmacy technician

educational program accredited by the Canadian Council for the Accreditation of

Pharmacy Programs or another accreditation body approved by the board,

(ii) was, immediately before making an application

for registration under this Act, registered, licensed, in good standing and

practising as a pharmacy technician under the laws of another province or

territory of Canada, or

(iii) has graduated from a Faculty of Pharmacy

accredited by the Canadian Council for the Accreditation of Pharmacy Programs

or another accreditation body approved by the board;

(

c) successfully completes a pharmacy technician licensing

examination based upon the professional competency requirements that the board

may establish;

(

d) provides proof satisfactory to the board that

he or she has successfully completed the Pharmacy Examining Board of Canada

qualifying exam;

(

e) provides proof that he or she has obtained

professional liability insurance coverage in a form and amount satisfactory to

the board;

(

f) establishes that he or she is not suspended or

restricted by a board or equivalent body governing the practice of pharmacy technicians

in a jurisdiction outside the province;

language sufficient to enable him or her to practise as a pharmacy technician in

the province;

(

h) pays the fees set by the board and any

outstanding fines or penalties which are owed to the board; and

(

i) meets the other requirements that may be

prescribed by regulations.

(2) Notwithstanding subsection (1), the board may

register an applicant as a pharmacy technician where he or she

(

a) applies for registration no later than

December 31, 2017;

(

b) provides proof satisfactory to the board that

he or she worked a minimum of 2000 hours as the equivalent of a pharmacy

assistant in the 3 year period immediately before the date of application;

(

c) provides proof satisfactory to the board that

he or she successfully completed a pharmacy technician bridging program

approved by the board; and

(

d) has met the requirements in paragraphs (1)(

c) to (i).

Registration renewal

18. The

board shall renew a pharmacist's or pharmacy technician's registration where he

or she

(

a) applies in the form and manner prescribed by

the board;

(

b) has been engaged in the practice of pharmacy

for at least 420 hours in the preceding 2 calendar years;

(

c) meets the minimum continuing education

requirements prescribed in the regulations; and

(

d) pays the annual registration fee and any

outstanding fines or penalties which are owed to the board.

Registers

(1) The registrar shall maintain registers

containing the names of those qualified and registered to practise pharmacy in

the province and other registries and information required by the by-laws.

(2) The registrar shall, upon payment of the

required fees, comply with a request for verification of information contained

in a register established under subsection (1).

(3) The board shall have its registers available

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

Entry on register

(1) An

entry in a register under this Act which has been fraudulently or incorrectly

made or omitted may be removed, corrected or added by the registrar upon the

written direction of the board.

(2) A person who by fraudulent means obtains

registration under this Act commits an offence and shall be considered to have

conducted himself or herself in an unprofessional manner.

(3) A person may appeal a decision of the

registrar regarding entry on a register of that person to the board by filing a

notice of appeal with the chairperson at the offices of the board within 30

days of receiving notice of the decision.

Certificate of

registration

(1) The

registrar shall issue an annual certificate of registration to a person who has

applied and met the registration requirements of the Act and regulations.

(2) A pharmacist or pharmacy technician who has

not held an annual certificate of registration for 2 years immediately before

the year in which that pharmacist or pharmacy technician seeks that certificate

shall not be entitled to obtain registration and a certificate unless he or she

meets additional requirements which may be prescribed by regulation.

(3) It is a condition of a certificate of

registration of a pharmacist that he or she

(

a) be a member of the association or within one

month of the date of issuing the certificate become a member of the association;

and

(

b) abide by the Act, regulations, by-laws,

standards of practice and policies of the board.

(4) It is a condition of a certificate of

registration of a pharmacy student, intern and pharmacy technician that he or

she abide by the Act, regulations, by-laws, standards of practice and policies

of the board.

Proof of

registration

22. The

production in a court or proceeding of a register or a copy of or an extract

from a register under this Act, certified by the registrar is evidence of the

statements on that register without proof of the fact that the signature is

that of the registrar.

Pharmacy licence

(1) Not

less than 30 days before opening a pharmacy for business or acquiring a

pharmacy, a corporation, partnership or individual shall provide to the

registrar the information required by the by-laws.

(2) The information provided under subsection

(1) shall be confirmed and signed by the pharmacist in charge of that pharmacy.

(3) A person shall not operate a pharmacy business

and a pharmacist, intern, pharmacy student or pharmacy technician shall not dispense

or sell a drug unless it is

(

a) from a pharmacy licensed under this Act; and

(

b) in accordance with restrictions, terms or

conditions in force respecting that pharmacy under this Act.

(4) This

section applies to a hospital pharmacy.

(5) The registrar shall issue an annual

licence to a pharmacy that has applied and met the requirements prescribed by

this Act and the regulations.

(6) Where the ownership of a pharmacy licensed

under this Act changes, the pharmacist in charge shall deliver the pharmacy licence

to the board by the effective date of that change and the licence of that

pharmacy shall be cancelled immediately.

(7) Where a pharmacist in charge ceases his or her

duties by reason of illness or death, the pharmacy formerly under his or her

charge may continue to operate for not more than 60 days under the direction of

another pharmacist in charge at which time a new licence shall be required for

that pharmacy.

PART IV

PRACTICE

Members only to

use designation

(1) Only

a pharmacist registered under this Act is entitled to use the title or

designation pharmacist, registered pharmacist or R.Ph.

(2) Only a pharmacy technician registered under

this Act is entitled to use the title or designation pharmacy technician,

registered pharmacy technician or R.Pt.

Prohibition

(1) A

person other than a pharmacist with a certificate shall not

(

a) represent or hold himself or herself out as or

as being entitled to use the title or designation of pharmacist, registered

pharmacist or R.Ph;

(

b) carry on the practice of pharmacy in the

province;

(

c) conduct a business or operation for selling scheduled

drugs except as expressly permitted under this Act; or

(

d) hold himself or herself out, conduct himself

or herself in a manner or use a sign, emblem, title or advertisement which may

reasonably lead the public to infer that he or she is registered as a

pharmacist and qualified to practise pharmacy under this Act.

(2) A pharmacist may delegate tasks within the

practice of pharmacy to a pharmacy student, intern or a person within a

prescribed class, under the prescribed level of supervision and in accordance

with the standards of practice.

(3) A person shall not

(

a) display, use or permit to be displayed or used

on premises owned or leased by that person, a sign, advertisement or symbol

bearing the words "drugs", "medicines", "prescriptions",

"pharmacy" or "pharmacist" or other words of similar

meaning, unless those premises contain a pharmacy licensed under this Act and

under the direct and continuous supervision and control of a pharmacist;

(

b) employ a person who is not a pharmacist or

otherwise entitled under this Act to dispense a prescription; or

(

c) dispense, sell, offer for sale or handle drugs

or substances except in compliance with this Act.

Out of province

prescriptions

26. A

pharmacist may dispense a drug pursuant to a prescription authorized by a

prescriber licensed to practice in a province or territory

of Canada other than Newfoundland

and Labrador if the pharmacist has taken

reasonable steps to ensure that

(

a) the prescriber is licensed and practises in Canada ;

and

(

b) the prescriber belongs to a class of persons

who, if licensed in Newfoundland and Labrador,

would be entitled by law to prescribe that drug in Newfoundland

and Labrador .

Display of

licence

(1) A

pharmacy licence issued under

section 23 shall be displayed in a conspicuous

part of a pharmacy in full public view.

(2) A pharmacy shall not use the word

"pharmacy" on that pharmacy or the premises on which the pharmacy is

located unless that pharmacy has a current licence issued under

section 23.

Responsibility

(1) The

pharmacist in charge of a pharmacy operating under this Act shall ensure that

that pharmacy is operated in compliance with this Act and failure to do so

constitutes conduct deserving of sanction.

(2) A person other than a pharmacist in charge

shall not direct, control or manage a pharmacy.

(3) The duties of the pharmacist in charge shall

be as set out in the regulations.

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

pharmacy is the person designated on the licence issued under

section 23.

Hospital pharmacy

(1) A

hospital with a pharmacy licensed under

section 23 shall not engage or employ a

person other than a pharmacist, intern, pharmacy student or pharmacy technician

registered under this Act to practise pharmacy in or from that hospital

pharmacy.

(2) This

section is binding on the Crown.

Cessation of operation

30. Where

a licensed pharmacy ceases to operate as a pharmacy, the pharmacist in charge

shall immediately

(

a) notify the board of that cessation;

(

b) ensure that all narcotic, controlled and other

drugs are disposed of in accordance with this Act or other laws relating to

that disposal;

(

c) ensure that prescription records are available

through another pharmacy;

(

d) provide in writing other information requested

by the board; and

(

e) satisfy other requirements that may be

prescribed in the regulations.

Protection from

liability

(1) An action for damages shall not lie

against a member of the board, or a committee designated by the board, the

complaints authorization committee, a person appointed by the complaints

authorization committee, the disciplinary panel, an adjudication tribunal, the

quality assurance committee, a person appointed by the quality assurance

committee or the individual members of those bodies, the registrar, assistant

registrar or an officer or employee of the board for

(

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

initiated or carried out in good faith under this Act or purportedly under this

Act, or for carrying out duties or obligations as the registrar, a member, officer,

employee, designate, agent, committee member or person authorized under this

Act; or

(

b) for a decision or order made or enforced in

good faith under this Act, or purportedly under this Act.

(2) An action for defamation against a board

member, a member of a committee or panel, the chairperson, the vice-chairperson

or another officer or employee of or counsel for the board may not be founded

on the publication of a communication that consists of or pertains to an

allegation or complaint, where the communication is published in the course of

investigating the allegation or complaint or in the course of proceedings under

Part V.

(3) A member of the board is not personally liable

for a debt of the board beyond the amount of his or her unpaid dues, fees,

fines and penalties owed to the board, but all property of the board shall be

held for the payment of the debts of the board.

Disclosure of information

(1) The

board may disclose information in its possession, including information that

identifies the individual to whom it relates, to other bodies having authority

to regulate health professionals.

(2) The board, the complaints authorization

committee and the quality assurance committee shall disclose information in

their possession, including

(

a) information that identifies the individual to

whom it relates; and

(

b) personal health information

for those purposes, in the manner and to

those persons prescribed in the regulations.

Notices

(1) Notices

and documents or copies of notices and documents required for the purpose of

this Act to be sent to a person may be sent

(

a) by mailing them to that person by regular, registered

or certified mail at his or her last known address;

(

b) by e-mailing them to that person at his or her

last known e-mail address; or

(

c) by personal service upon that person.

(2) Proof of receipt of the notices, documents or

copies by a person referred to in paragraph (1)(

a) may be proved by production

of the receipt from the Canada Post Office.

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

considered to be received by that person

(

a) when they actually receive the notice or

demand; or

(

b) except when postal services are not

functioning, on the expiry of 10 days after the date the notice or demand was

sent,

whichever is earlier.

(4) A notice or demand sent by e-mail to the last known

e-mail address of a person is considered to be received by that person on the

day the e-mail is sent.

Compliance with

request for information

(1) For the purpose of the administration

of the Newfoundland and Labrador Prescription Drug Program, including for the

purpose of processing, monitoring, verifying or reimbursing claims for payment

under the program and program development and evaluation, and upon the request

of an employee of the department authorized by the minister, a pharmacist shall

provide the information that the employee requests with respect to prescription

drugs prescribed to a resident of the province and received by that resident

with the assistance of the Newfoundland and Labrador Prescription Drug Program.

(2) An employee of the department authorized to do

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

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

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

(3) The information requested under subsection (1)

may include

(

a) prescriptions, patient records, notes and

other documents held by the pharmacist; and

(

b) photocopies of the information referred to in

paragraph (a).

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

pharmacist or a pharmacy solely because the pharmacist provides the information

requested of him or her under subsection (1).

(5) A pharmacist is not guilty of professional

misconduct solely because that pharmacist provided information requested of him

or her under subsection (1).

PART V

DISCIPLINE

Definitions

35. In this Part

(a) "allegation" means a written

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

(b) "complainant" means a person making

an allegation described in

section 37;

(c) "conduct deserving of sanction"

includes

(

i) professional misconduct,

(ii) professional incompetence,

(iii) incapacity or unfitness to engage in the

practice of pharmacy,

(iv) conduct unbecoming a pharmacist or pharmacy

technician, and

(

v) acting in breach of this Act, the regulations,

or the code of ethics made under

section 11;

(d) "costs incurred by the board"

includes

(

i) out of pocket expenses incurred by or on

behalf of the board,

(ii) amounts paid by the board to adjudication

tribunal members as remuneration and for expenses, and

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

and the adjudication tribunal;

(e) "disciplinary panel" means the panel

of persons appointed under

section 36 from which the members of an adjudication

tribunal are chosen; and

(f) "respondent" means a pharmacist, a

pharmacy technician or a former pharmacist or pharmacy technician against whom

an allegation is made.

Committees

(1) The board shall appoint the

chairperson, vice-chairperson and members of the complaints authorization

committee, and the pharmacists and pharmacy technicians to serve on the

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

(2) The complaints authorization committee shall

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

at least one of whom shall be a member who was appointed to represent the

public interest.

(3) The registrar is not eligible to be a member

of the complaints authorization committee.

(4) The disciplinary panel shall consist of not

less than

(a) 10 pharmacists who are not members of the

board;

(

b) one pharmacy technician; and

(c) 3 persons who are not pharmacists or pharmacy

technicians who shall be appointed by the minister to represent the public interest.

(5) A member appointed to the disciplinary panel

holds office for a term of 3 years and is eligible to be reappointed.

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

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

re-appointed or his or her replacement is appointed.

(7) Members of the disciplinary panel shall serve

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

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

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

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

(8) The complaints authorization committee and an

adjudication tribunal appointed under

section 40 and a person appointed by

either of them may summon a respondent or another person and require that the

respondent or another person give evidence, orally or in writing, upon oath or

affirmation, and produce the documents and things that either of them considers

necessary to the full investigation and hearing of an allegation or complaint

and shall have the powers, privileges and immunities that are conferred on a

commissioner appointed under the Public

Inquiries Act, 2006 .

Allegation

(1) An allegation shall be in writing and

signed by the complainant or his or her solicitor, and filed with the

registrar.

(2) The registrar may on his or her own motion

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

as an allegation referred to in subsection (1).

(3) Where the registrar has been informed that a respondent

has been convicted of an offence under the provisions of the Controlled Drugs and Substances Act

(Canada), the Criminal Code or a similar penal statute of another

country or has been suspended by a governing body of pharmacists or pharmacy

technicians in another province or territory of Canada or another territory or

country for reason of professional misconduct, conduct unbecoming a pharmacist or

pharmacy technician or professional incompetence, the information shall be

dealt with by the registrar as an allegation.

(4) For the purpose of subsection (3), a certified

copy of the record of a conviction or findings made or the action taken by an

external regulatory body constitutes proof, in the absence of evidence to the

contrary, of the conviction or findings made or the action taken by that body,

without proof of the signature of the convicting justice or person purporting

to have signed on behalf of that body.

Effect of filing

allegation

(1) Where it appears to the registrar

after notifying the respondent of the allegation that the allegation may be

resolved satisfactorily and where the complainant and the respondent consent,

the registrar may attempt to resolve the matter.

(2) Where the allegation is not satisfactorily

resolved by the registrar under subsection (1), the registrar shall refer the

allegation and all other allegations to the complaints authorization committee.

(3) The registrar shall inform a complainant and a

respondent of the referral of the allegation to the complaints authorization

committee.

Complaints authorization

committee

(1) After an allegation has been submitted

to the complaints authorization committee, the committee may exercise one of

more of the following powers:

(

a) refer the allegation back to the registrar for

an investigation or alternative dispute resolution in accordance with the regulations;

(

b) conduct an investigation itself or appoint a

person to conduct an investigation on its behalf;

(

c) conduct a practice review into the

respondent's practice or appoint a person to conduct a review on its behalf;

(

d) require the respondent to appear before

it; and

(

e) refer the allegation to the quality assurance

committee.

(2) Where the complaints authorization committee

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

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

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

(3) Where the complaints authorization committee

is of the opinion that there are no reasonable grounds to believe the

respondent has engaged in conduct deserving of sanction, the committee may, in

dismissing the allegation, direct the respondent with respect to his or her

practice, including direction that

(

a) the respondent comply with a specified

provision of the Act or regulations or of a by-law, policy or guideline of the

board;

(

b) the respondent successfully complete a

continuing or remedial education program;

(

c) the respondent complete an assessment of his

or her clinical skills and successfully complete a course of studies or clinical

experience recommended by the assessment; and

(

d) provide documentation, information or an

explanation in relation to the pharmaceutical care of the complainant or of

another person represented by the complainant where the person is deceased or

incompetent

and the respondent shall comply with the

direction of the committee.

(4) The committee may give a person or body it

considers appropriate notice of a direction, caution or counsel given under

this section, and may specify the time within which the direction, caution or

counsel is to be complied with and that the costs of compliance with the

direction, caution or counsel shall be borne by the respondent.

(5) Where a respondent fails to comply with a

direction, caution or counsel of the committee under subsection (3), the

registrar may deal with the failure as an allegation.

(6) Where the complaints authorization committee

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

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

be considered as constituting a complaint, and the committee may

(

a) counsel or caution the respondent; or

(

b) instruct the registrar to file the complaint

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

(

c) suspend or restrict the respondent's

registration.

(7) A person conducting an investigation under

paragraph (1)(

a) or (

b) or a practice review under paragraph (1)(

c) may require

(

a) the respondent to

(

i) undergo practical and other examinations he or

she considers necessary and as arranged by the registrar or the board, and

(ii) permit the registrar or a member of the board

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

respondent and other documents relating to the subject matter of the

investigation; and

(

b) another person to permit the registrar or a

member of the board or another person appointed by the board to inspect and

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

matter of the investigation held by that person,

and the respondent or other person shall

comply.

(8) Where the registrar, a member of the board or

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

person provide information under subsection (7), that information shall be provided

within 7 days of receipt of the request or a different period as specified in

the request.

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

pharmacist, pharmacy technician or another person to whom a request is made

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

subsection (7).

(10) A complainant whose allegation is dismissed by

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

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

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

(11) Subsections (7), (8), and (9) apply to the

Crown.

Adjudication tribunal

(1) For the purpose of dealing with

complaints referred to the disciplinary panel, the chairperson of the

disciplinary panel shall appoint from it an adjudication tribunal consisting of

3 persons, of whom 2 shall be

pharmacists and one shall be a member of the panel appointed to represent the

public interest.

(2) Notwithstanding subsection (1), where the

respondent is a pharmacy technician, the adjudication tribunal shall consist of

one person appointed to represent the public interest, one pharmacist and one

pharmacy technician where practicable.

(3) The chairperson of the disciplinary panel

shall appoint one of the pharmacists on an adjudication tribunal to be the chairperson.

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

where a member of the adjudication tribunal has commenced a hearing he or she

continues to be a member until the hearing is concluded and a decision

rendered.

Hearing

(1) Where a complaint has been referred

under paragraph 39(6)(b), an adjudication tribunal shall hear the complaint.

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

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

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

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

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

or another person against the consequences of possible disclosure of personal matters

outweighs the desirability of holding the hearing in public.

Copies of books,

etc. as evidence

42. A

copy or extract of a book, record, document or thing certified by

(

a) a member of the complaints authorization

committee; or

(

b) a person authorized under subsection 39(7) to

conduct an inspection,

who made the copy or extract under

subsection 39(7) is admissible in evidence in an action, proceeding or

prosecution, in the absence of evidence to the contrary, as evidence of the

original book, record, document or thing and its contents.

Guilty plea by

respondent

(1) Where a respondent pleads guilty to

one or more of the charges set out in a complaint, the adjudication tribunal

shall, without calling evidence or hearing witnesses, unless the tribunal

believes it is appropriate to do so, hear submissions from the parties.

(2) Where a respondent pleads guilty, and

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

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

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

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

(

c) allow or direct the respondent to surrender

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

appropriate and, where the respondent's name appears on a register maintained

under this Act, strike the respondent's name from the register;

(

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

to the board;

(

e) order that the respondent pay the costs or a

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

complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 45(4) and other

information that the tribunal may specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment, until the respondent can demonstrate to the board or other body or

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies or obtain

supervised clinical experience, or both, to the satisfaction of the board or

another body or person designated by the adjudication tribunal,

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

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her professional practice or

continue his or her practice under specified conditions,

(ix) permit periodic inspection of his or her

practice,

(

x) permit periodic inspection of records relating

to his or her practice, or

(xi) impose other requirements that are just and

reasonable in the circumstances.

(3) The costs incurred by the board to ensure the

compliance of a respondent with an order or direction of an adjudication

tribunal under this

section shall be borne by the respondent.

Powers of adjudication

tribunal

(1) Upon the hearing of a complaint, an

adjudication tribunal shall decide whether or not a respondent is guilty of

conduct deserving of sanction.

(2) Where an adjudication tribunal decides that a

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

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

unreasonable,

(

a) order that those costs that the tribunal

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

(

b) make another order that it considers

appropriate.

(3) Where an adjudication tribunal decides that a

respondent is guilty, it may,

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

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

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

(

c) allow or direct the respondent to surrender

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

appropriate and, where the respondent's name appears on a register maintained

under this Act, strike the respondent's name from the register;

(

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

to the board;

(

e) order that the respondent pay the costs or a

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

complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 45(4) and other

information that the tribunal may specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment until the respondent can demonstrate to the board or other body or

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies or obtain

supervised clinical experience, or both, to the satisfaction of the board or

another body or person designated by the adjudication tribunal,

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

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her professional practice or

continue his or her practice under specified conditions,

(ix) permit periodic inspection of his or her

practice,

(

x) permit periodic inspection of records relating

to his or her practice, or

(xi) impose other requirements that are just and

reasonable in the circumstances.

(4) The costs incurred by the board to ensure the

compliance of a respondent with an order or direction of an adjudication

tribunal under this

section shall be borne by the respondent.

Filing and publication

of decisions

(1) An adjudication tribunal shall file a

decision or order made under subsection 43(2) or 44(3) with the registrar and

provide a copy to the complainant and the respondent and the respondent's employer.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 10 years after

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

disciplinary records in relation to a pharmacist or pharmacy technician permit

a person to view a

summary of a decision where that pharmacist or pharmacy

technician was the respondent, prepared in accordance with subsection (4).

(3) The registrar shall publish a

summary of a

decision or order of an adjudication tribunal in a newspaper of general circulation

in or nearest to the community in which the respondent practises within 14 days

of the filing of the decision or order, where the decision or order

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her licence;

(

c) restricts the respondents practice;

(

d) specifies conditions for the continuing

practice of the respondent; or

(

e) requires that a

summary of the decision or

order be published.

(4) The

summary of the decision published under

subsection (3) shall include

(

a) the name of the respondent and the address

where he or she practises;

(

b) the date, location and a brief description of

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

(

c) the name of the complainant, unless the

complainant has requested that his or her name be withheld;

(

d) the contents of the order in relation to the actions

referenced in paragraphs (3)(

a) to (d); and

(

e) other information specified for publication in

the decision or order.

(5) Where a decision published under this

section

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

subsequent decision or order publish a

summary of the decision or order and

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

(6) The registrar may give notice of the decision

and information respecting the decision to the other persons the board may

direct and shall include a

summary of the decision in a certificate of good

standing issued in relation to the respondent.

De-registration

and suspension

(1) Where a respondent is struck off the

register, his or her rights and privileges as a pharmacist or pharmacy

technician cease.

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

rights and privileges as a pharmacist or pharmacy technician cease for the

period of suspension.

(3) Where conditions or restrictions have been

imposed upon a respondents ability to carry on his or her practice, his or her

rights and privileges as a pharmacist or pharmacy technician shall be limited

to the extent specified by the conditions or restrictions.

Failure to comply

(1) On application by the board to the

disciplinary panel, an adjudication tribunal may make an order suspending the

rights and privileges of a respondent where it determines that the respondent

has failed to comply with a decision or an order under this Part.

(2) The parties to the application are the board

and the respondent.

(3) An order of an adjudication tribunal under

this

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

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

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

adjudication tribunal.

Supplementary

hearing

(1) Where a decision or order of the

adjudication tribunal

(

a) suspends the respondent;

(

b) allows or directs the respondent to surrender

his or her licence;

(

c) restricts the respondents practice; or

(

d) specifies conditions for the continuing

practice of the respondent,

and where the respondent alleges that new

evidence has become available or a material change in circumstances has

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

the complaints authorization committee for a supplementary hearing to discharge

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

circumstances.

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

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

material change in circumstances has occurred.

(3) Where an application is made to the complaints

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

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

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

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

39(6)(

b) and sections 41 to 46 apply, with the necessary changes, to the

referred matter.

(4) The chairperson of the disciplinary panel

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

tribunal the same persons who constituted the adjudication tribunal that made

the decision referred to in subsection (1).

(5) The parties to a supplementary hearing under

this

section are the respondent and the board.

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

to an order that an adjudication tribunal may make under

section 44, a tribunal

may

(

a) vary the original decision or order made under

section 44; or

(

b) discharge the original decision or order, with

or without conditions.

Costs of the

board

(1) Where a person who was ordered to pay

the costs of the board under paragraph 43(2)(

e) or 44(3)(

e) fails to pay in the

time required, the board may suspend the registration of that person until the

costs are paid.

(2) Costs ordered to be paid under paragraph 43(2)(

e) or 44(3)(

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

civil action.

Collection of

fine

(1) Where an order is made under

section 43

or 44 imposing a fine on a respondent, the board may issue a certificate

stating the amount of the fine due and remaining unpaid and the name of the person

by whom it is payable, and file the certificate with the Registrar of the

Supreme Court.

(2) Where a certificate is filed with the

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

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

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

the person named in the certificate.

(3) A person named in a certificate filed under

this

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

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

of the certificate.

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

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

certificate accord with the judges decision.

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

made under this section.

(6) A certificate filed under this

section may

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

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

Part III of the Judgment

Enforcement Act and be enforced in accordance with that Act.

Appeal to Trial

Division

(1) The board or the respondent may,

within 30 days after receiving notice of a decision or order of an adjudication

tribunal under this Act, appeal the decision or order to the Trial Division by

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

(2) An appeal under this

section does not stay the

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

PART VI

QUALITY ASSURANCE

Quality assurance

program

(1) The

board shall establish and maintain a quality assurance program to promote high

standards of practice within the pharmacy profession.

(2) The quality assurance program shall include

mandatory continuing education and professional development and shall be

designed to promote continuing

(

a) competence; and

(

b) quality improvement.

Quality assurance

committee

(1) The

board may appoint a committee known as the quality assurance committee

consisting of a number of pharmacists and pharmacy technicians determined by

the board and at least one person appointed to the board under subsection 6(1)

or (2).

(2) The quality assurance committee shall

investigate a concern

(

a) on the referral of a quality assurance issue

(

i) the registrar, or

(ii) the complaints authorization committee; or

(

b) on its own accord.

(3) The quality assurance committee may

(

a) subpoena records, including patient records;

(

b) order a pharmacist or pharmacy technician to

undergo an evaluation, assessment or examination;

(

c) order a review of a pharmacists or pharmacy

technician's practice, including any consequential review of patient records;

(

d) order periodic or random audits of aspects of

a pharmacists or pharmacy technician's practice;

and

(

e) accept an agreement between the board and the pharmacist

or pharmacy technician to give effect to matters which could be ordered by the

quality assurance committee.

(4) Where a pharmacist or pharmacy technician fails

to comply with an order made by the quality assurance committee, that committee

shall refer that failure to comply as an allegation to the complaints authorization

committee.

Assessment

(1) The

quality assurance committee may appoint persons registered as pharmacists or

pharmacy technicians under this Act as assessors for the purpose of the quality

assurance program.

(2) An assessor may, for the purpose of the

quality assurance program

(

a) enter, without notice and at reasonable times,

places where pharmacy is practised to make necessary inspections;

(

b) inspect that pharmacists or pharmacy

technician's records of care administered to patients;

(

c) require from the pharmacist or pharmacy

technician information required by the quality assurance committee or the

assessor respecting the assessment and care of patients by the pharmacist or

pharmacy technician, or his or her records of care administered to patients;

and

(

d) require that that pharmacist or pharmacy

technician confer with the quality assurance committee.

(3) A pharmacist or pharmacy technician whose

standards of practice are the subject of an assessment under the quality

assurance program shall cooperate fully with the quality assurance committee

and assessors.

(4) An assessor may access patient records without

the consent of that patient.

(5) All records and specific information relating

to the quality assurance program or a review or recommendation under it are

confidential.

Report and compliance

55 .

(1) Upon

completion of an assessment an assessor shall submit a report of his or her

findings to the quality assurance committee and the committee shall review the

report and may

(

a) make no recommendation to the pharmacist or

pharmacy technician who has been assessed; or

(

b) confer with the pharmacist or pharmacy

technician assessed and make those remedial recommendations to him or her that

the quality assurance committee considers appropriate.

(2) The quality assurance committee may

(

a) direct the pharmacist or pharmacy technician who

has been assessed to comply with recommendations made by the committee under

subsection (1); and

(

b) direct that a pharmacist or pharmacy

technician be reassessed.

Costs

56. The

costs incurred by a pharmacist or pharmacy technician in implementing remedial

recommendations of the quality assurance committee shall be paid by that pharmacist

or pharmacy technician and shall not be a cost of the quality assurance committee

or the board.

Termination of

review

(1) Where

an assessor or a member of the quality assurance committee learns, in the

course of a review, that a pharmacist or pharmacy technician may be guilty of

conduct deserving of sanction within the meaning of

section 35, the assessment

shall be terminated, the pharmacist or pharmacy technician shall be advised,

and the matter shall be referred to the complaints authorization committee to

be dealt with as an allegation.

(2) Notwithstanding subsection 54(5), an assessor

or a member of a quality assurance committee shall provide all information and

documents in its possession relating to the review to the complaints authorization

committee.

(3) An order of the quality assurance committee

issued before it refers a matter to the complaints authorization committee

under subsection (1) remains in effect notwithstanding the referral of the

matter to the complaints authorization committee.

Duty to report

(1) A

pharmacist or pharmacy technician who has knowledge, from direct observation or

objective evidence, of conduct deserving of sanction of another pharmacist or

pharmacy technician shall report the known facts to the registrar.

(2) A person who dissolves a partnership with a pharmacist

or pharmacy technician based on direct knowledge of the pharmacists or

pharmacy technician's conduct deserving of sanction shall report the known

facts to the registrar.

(3) An action shall not be brought against a

pharmacist, pharmacy technician, officer, partnership or association for the

sole reason that the person, officer, partnership or association complied with

this section.

PART VII

GENERAL

Regulations

(1) The board may, with the approval of

the minister, make regulations

(

a) respecting the registration of pharmacists,

interns, students and pharmacy technicians;

(

b) prescribing categories of registration;

(

c) respecting registration and licence renewals;

(

d) respecting the scope of practice and expansion

of the scope of practice of pharmacists and pharmacy technicians;

(

e) respecting the educational, internship, practical

training or other requirements for registration and for the standard of the

practice of pharmacy, including provisions for mandatory continuing education

of pharmacists and pharmacy technicians;

(

f) prescribing courses of study, practical

training requirements and examinations;

(

g) prescribing

(

i) the tasks within the practice of pharmacy that

may be delegated by a pharmacist to a pharmacy student, intern or person within

a specified class,

(ii) the characteristics and qualifications of the

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

(iii) the level of supervision required where

delegation is permitted under subparagraph (i), and

(iv) other conditions on the delegation of tasks;

(

h) respecting the qualifications and other

requirements for designation as a pharmacist in charge;

(

i) prescribing the duties of a pharmacist in

charge;

(

j) respecting the inspection of pharmacies;

(

k) prescribing, with respect to drugs, drug

products and substances

(

i) schedules,

(ii) conditions for dispensing and sale,

(iii) concentrations and manner of preparation, and

(iv) control to be exercised by a person;

(

l) respecting the adoption of schedules enacted

under the Food and Drugs Act ( Canada )

and the Controlled Drugs and Substances Act ( Canada );

(

m) respecting all aspects of the dispensing,

selling, handling and destruction of drugs;

(

n) respecting the maintenance of prescriptions,

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

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

(

o) respecting the transfer of records,

prescriptions or other information by facsimile or other technology;

(

p) respecting the procedure regarding pharmacy

closures;

(

q) respecting telepharmacy;

(

r) respecting other information which may be

required to be included on the website of the board;

(

s) respecting information required in the annual

report;

(

t) respecting collaborative practice;

(

u) respecting alternative dispute resolution for

the purposes of

Part V and the procedure for that resolution;

(

v) prescribing time limits for events in the

disciplinary process under

Part V, including time limits for

(

i) the filing of an allegation,

(ii) the resolving of an allegation by the

registrar,

(iii) the conduct of an investigation under

section 39,

(iv) consideration of an allegation by the

complaints authorization committee following completion of an investigation,

(

v) responding to a complainant and respondent at

each stage of the process,

(vi) the conduct of a practice review under paragraph

39(1)(c),

(vii) the appointment of an adjudication tribunal

under

section 40, and

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

decision or order by an adjudication tribunal following completion of the

hearing;

(

w) respecting the quality assurance program

referred to in subsection 52(1);

(

x) the disclosure of information under

section 32

, including

(

i) the purpose for which information shall be

disclosed,

(ii) the manner and time periods in which

information shall be disclosed, and

(iii) the persons to whom information shall be

disclosed; and

(

y) generally to give effect to the purpose of

this Act.

(2) Notwithstanding subsection (1), the minister

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

process under

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

considers reasonable.

Contravention

60. A

pharmacist who contravenes

Part III

of the Pharmaceutical Services Act is

considered to have committed professional misconduct for the purposes of

Part V

of this Act.

Actions

61. An

action does not lie against a person by reason only of the prescribing or

dispensing of a substitute drug in accordance with

Part III

of the Pharmaceutical Services Act.

Offence and penalties

(1) A

person, pharmacist, pharmacy student, intern, pharmacy technician, firm, partnership,

corporation or association of persons who contravenes this Act, the regulations

or the by-laws commits an offence and is liable on

summary conviction

(

a) for the first offence, to a fine of not more

than $2,000 or to imprisonment for a term of not more than 3 months or to both

a fine and imprisonment; and

(

b) for a subsequent offence to a fine of not more

than $4,000 or to imprisonment for a term of not more than 6 months or to both

a fine and imprisonment.

(2) A prosecution under this

section shall be

commenced within 2 years after the commission of the alleged offence.

PART VIII

TRANSITIONAL, CONSEQUENTIAL, REPEAL AND COMMENCEMENT

Transition

(1) The

members of the board, the complaints authorization committee and the

disciplinary panel elected or appointed under the Pharmacy Act are continued as members until the expiry of their

terms.

(2) A complaint or discipline proceeding that was

started but not concluded before the commencement of this Act shall be

concluded under the former Act.

SNL2011 cM-4.02

Amdt.

64. (1) Paragraph 78(2)(

c) of the Medical Act, 2011 is repealed and the

following substituted:

(

c) the Pharmacy

Act, 2012 ;

(2) Subsection

78(3) of the Act is amended by deleting

the reference " Pharmacy Act"

and substituting the reference "Pharmacy

Act, 2012".

SNL2008 cP-7.01

Amdt.

(1) Subparagraph 2(j)(xii) of the Personal Health Information Act is

repealed and the following substituted:

(xii) Pharmacy

Act, 2012,

(2) Subparagraph 4(1)(g)(ii) of the Act is amended

by deleting the reference " Pharmacy

Act" and substituting the reference " Pharmacy Act, 2012".

(3) Paragraph 5(1)(

h) of the Act is amended by

deleting the reference " Pharmacy

Act" and substituting the reference " Pharmacy Act, 2012".

SNL2006 cP-12.01

Amdt.

(1) Paragraph 2(

g) of the Pharmaceutical Services Act is amended

by deleting the reference " Pharmacy

Act" and substituting the reference " Pharmacy Act, 2012".

(2) Paragraph 2(

o) of the Act is amended by

deleting the reference " Pharmacy

Act" and substituting the reference " Pharmacy Act, 2012".

SNL1993 cT-4.1

Amdt.

67. Paragraph 4.1(2)(

a) of the Tobacco Control Act is amended by deleting the reference "paragraph

2(

n) of the Pharmacy Act" and

substituting the reference "paragraph 2(

l) of the Pharmacy Act, 2012".

SNL1994 cP-12.1 Rep.

68. The Pharmacy

Act is repealed.

Commencement

Section 17 comes into force on June 30, 2013

and

Part VI comes into force on September 30, 2013.

Queen's Printer