Second

Session, 50th General Assembly

Charles III, 2024

BILL 66

AN ACT RESPECTING THE

PRACTICE

OF PHARMACY IN THE

PROVINCE

Received

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

Second

Reading ............................................................................................

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

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE TOM

OSBORNE

Minister of Health

and Community Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would enact the Pharmacy Act, 2024 and repeal the Pharmacy Act, 2012 . The Bill would

amend

definitions,

add new

definitions and remove

definitions that are no longer required;

change the

name of the Newfoundland and Labrador Pharmacy Board to the College of Pharmacy of Newfoundland and Labrador ;

allow the registration

of pharmacists or pharmacy technicians who have not graduated from a program

accredited by the Canadian Council for the Accreditation of Pharmacy Programs

or were not registered in another jurisdiction in Canada, where they satisfy

other requirements set by the College of Pharmacy of

Newfoundland and Labrador ;

allow the College of Pharmacy of Newfoundland and Labrador to require applicants who apply for registration 2 or more years after completing

the required examinations or practical training to rewrite the examinations,

redo the practical training, or both;

provide

for registration of pharmacy technician interns and pharmacy technician students;

clarify

the requirements for a change in ownership of a pharmacy;

clarify the scope of the

quality assurance program to include routine assessments of registrants and pharmacies;

allow inspections for the

purposes of determining compliance with the Act, regulations, standards of

operation or pharmacy practice; and

incorporate

gender-neutral language.

A BILL

AN ACT RESPECTING THE PRACTICE

OF PHARMACY IN THE PROVINCE

Analysis

Short title

Definitions

Non-application of Act

PART

ASSOCIATION

Association continued

PART

COLLEGE

College

Objects

Board

Composition of board

Appointed members

Registrar

Committees

Fees

Annual meeting

Annual reports

By-laws

PART

III

REGISTRATION AND LICENSING

Registration of pharmacists

Emergency registration of pharmacists

Registration of pharmacy interns

Registration of pharmacy students

Registration of pharmacy technicians

Emergency registration of pharmacy

technicians

Registration of pharmacy technician

interns

Registration of pharmacy technician

students

Registers

Appeal

Certificate of registration

Continuing professional development

Registrants only to use designation

Scope of practice

Delegation

Pharmacy licence

Pharmacist in charge

Prohibition

PART

DISCIPLINE

Definitions

Committees

Allegations

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 college

Collection of fine

Appeal to Supreme Court

PART

QUALITY ASSURANCE

Quality assurance program

Quality assurance committee

Conduct of quality assurance committee

review

Routine assessments

Report and compliance

Costs

PART

INSPECTION AND COMPLIANCE

Inspectors

Powers of inspectors

Order of inspector

Contravention of Act suspected

Telewarrant

Admissibility of documents

PART

VII

GENERAL

Duty to report

Out of province prescriptions

Protection from liability

Disclosure of information

Notices

Compliance with request for information

Contravention

Offence and penalties

Regulations

PART

VIII

TRANSITIONAL, CONSEQUENTIAL, REPEAL AND COMMENCEMENT

Transitional

SNL2022 cF-01 Amdt .

SNL2011 cM-4.02 Amdt .

SNL2019 cO-6.2 Amdt .

SNL2008 cP-7.01 Amdt .

SNL2006 cP-12.01 Amdt .

SNL2017 cP-18.2 Amdt .

RSNL1990 cP-43 Amdt .

SNL1993 cT-4.1 Amdt .

NLR 56/19 Amdt .

NLR 90/12 Amdt .

NLR 114/96 Amdt .

NLR 16/16 Amdt .

NLR 104/09 Amdt .

NLR 78/19 Amdt .

NLR 42/19 Amdt .

SNL2012 cP-12.2 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) "audio-visual technology" means technology that allows persons who are not in

the physical presence of one another to see, hear and communicate with each

other at all times;

(c) "board" means, unless the context indicates

otherwise, the board of directors of the college

referred to in

section 7;

(d) "certificate" means a certificate of registration issued under this Act;

(e) "college" means the College of

Pharmacy of Newfoundland and Labrador continued by this Act;

(f) "department" means the department presided over by the minister;

(g) "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;

(h) "drug" means a substance or combination of substances used

or intended to be used to diagnose, treat, mitigate or prevent disease, a 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;

( i ) "former

Act" means the Pharmacy Act, 2012 ;

(j) "licence" means, unless the context

indicates otherwise, a licence issued under

section 31;

(k) "member" means, unless the context

indicates otherwise, a person

elected or appointed as a member of the board;

(l) "minister" means the minister appointed under the Executive

Council Act to administer this Act;

(m) "pharmacist" means a person registered under

section 16 or 17;

(n) "pharmacist in charge" means a

pharmacist who is

(

i) designated by the

college as a pharmacist in charge, and

(ii) named on a licence issued under

section 31;

(o) "pharmacy" means a business licensed

under

section 31;

(p) "pharmacy intern" means a person registered under

section 18;

(q) "pharmacy student" means a person registered under

section 19;

(r) "pharmacy technician" means a person registered under

section 20 or 21;

(s) "pharmacy technician intern" means a person registered under

section 22;

(t) "pharmacy technician student" means a person registered under

section 23;

(u) "practice of pharmacy" means the use

of pharmacy knowledge, theory and skill in

(

i) promoting health and the prevention and

treatment of diseases, disorders and conditions,

(ii) collaborating

with patients to meet their health and drug-related needs through patient

assessment, drug therapy monitoring and management of drug therapy,

(iii) providing

patients with information about prescription and non-prescription drug and

non-drug therapy and assisting with prescription and non-prescription drug and

non-drug therapy selection and use,

(iv) compounding,

preparing, dispensing, administering and selling

drugs,

(

v) supervising

and managing drug distribution systems to maintain public safety and drug

system security,

(vi) conducting

or collaborating in health-related research, and

(vii) engaging

in administration, education, management, policy or regulation relevant to an activity

referred to in subparagraph (

i) to (vi );

(v) "prescription" means an instruction directing that a drug be

dispensed to or for a person or animal by a person authorized to do so by an

Act of the province or by a prescriber referred to in

section 64;

(w) "proposed pharmacy" means a pharmacy in respect of which an application

has been made for a licence under

section 31;

(x) "registrant" means a pharmacist, pharmacy intern, pharmacy student,

pharmacy technician, pharmacy technician intern or pharmacy technician student;

(y) "registrar" means the person appointed as registrar by the board

under

section 10;

(z) "scheduled drug" means a drug that

is included on

(

i) a

schedule to the Food and Drugs Act (Canada),

(ii) a

schedule

to the Controlled Drugs and Substances Act (Canada),

(iii) a drug

schedule maintained by the National

Association of Pharmacy Regulatory Authorities and is not excluded from this

definition in the regulations, or

(iv) a drug

schedule adopted by the board;

(aa) "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

(bb) "standards of practice" means the minimal professional practice expectations

for a registrant 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 ;

(

e) a

nurse practitioner licensed and acting under the Registered Nurses Act, 2008 ;

(

f) a registered nurse licensed and acting under

the Registered Nurses Act, 2008 whose

licence includes the authority to prescribe under the Registered Nurses Regulations ; and

(

g) a midwife registered and acting under the Health Professions Act .

(2) This

Act shall not extend to or interfere with the dispensing of necessary drugs or

medicines by registered nurses or licensed practical nurses in the course of

duty when practising with the approval and under the

general supervision of the Provincial 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 continuation 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

COLLEGE

College

5. The Newfoundland and

Labrador Pharmacy Board is continued under the name the College of Pharmacy of

Newfoundland and Labrador as a corporation without share capital for the

purposes of

Part XXI of the Corporations Act .

Objects

(1) The college shall regulate the practice of pharmacy and the

pharmacy profession in the public interest.

(2) The objects of the

college include

(

a) the promotion of

(

i) high standards of practice, and

(ii) continuing

competency and quality improvement;

(

b) the registration of pharmacists, pharmacy interns, pharmacy students, pharmacy

technicians, pharmacy technician interns and pharmacy technician students ;

(

c) the

licensing of pharmacies;

(

d) the establishment,

maintenance and development of standards for the practice of pharmacy and for the operation of pharmacies ;

(

e) responding to and managing complaints and

discipline related to the practice of pharmacy;

(

f) establishing

and maintaining a quality assurance program for registrants and pharmacies; and

(

g) ensuring that the

public interest is protected in all matters relating to the practice of

pharmacy.

Board

(1) The board of directors of the Newfoundland and

Labrador Pharmacy Board is continued as the board of directors of the college.

(2) The college shall be

governed by the board of directors.

Composition of

board

(1) The board shall consist of

(a) 8 members elected

from and by registrants in accordance with the by-laws;

(b) 2 members appointed

by the minister under subsection 9(1) who are not registrants;

(c) 2 members appointed

by the board under subsection 9(2) who are not registrants;

(

d) the Dean of the School of Pharmacy of Memorial

University of Newfoundland; and

(

e) the registrar appointed

by the board under subsection 10(1) who shall, by virtue of the office, be a

non-voting member of the board.

(2) A member of the board

of the association is ineligible to be a member of the board.

(3) 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.

(4) Where the term of

office of a person elected under this

section expires, the person continues to

be a member of the board until re-elected or replaced.

(5) An

elected member may resign by written notice to the board.

(6) Where

an elected member resigns, dies or becomes incapable

of performing the elected member's duties, the remaining members shall appoint

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

(7) Elected

members may be remunerated by the board for their service on the board and paid

their travel and other expenses associated with their duties as members, in

accordance with the by-laws.

(8) The board shall

elect an executive from the members including a chairperson who shall preside

over 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.

(9) 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 audio-visual technology .

(10) A quorum of the

board is 50% plus one member, at least one of whom shall be a member appointed

to represent the public interest.

(11) Where there is a tie

vote on a motion or resolution of the board, that motion or resolution shall be considered to be defeated.

Appointed members

(1) The minister shall appoint 2 members who are not registrants

who are suitable to represent the public interest.

(2) The board shall

appoint 2 members who are not registrants 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 until the expiration of

12 months from the end of the year in which the person was last a member.

(5) Where the term of

office of a person appointed under this

section expires, the person continues

to be a member until re-appointed or replaced.

(6) Members

appointed under subsections (1) and (2) may be remunerated by the board for their

service on the board and paid their travel and other expenses associated with

their duties as members, 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 the person's term of office and no compensation shall be paid to the

person 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 the person's term of office and no compensation shall be paid to the

person 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.

Registrar

(1) The board shall appoint a person as registrar in

accordance with the by-laws.

(2) The registrar shall carry out the

duties imposed upon the registrar by this Act and the by-laws .

(3) The registrar may appoint an employee of the college to be the deputy

registrar who has the powers and duties of the registrar in the absence or

incapacity of the registrar, or when acting under the direction of the

registrar.

Committees

(1) The board may appoint committees to carry out the

duties and functions directed by the board.

(2) The

board may delegate a duty or power given to the board by this Act to a

committee.

(3) An

action or decision of a committee to which the board delegates a duty or power is considered to be the action or decision of the board.

Fees

(1) The board may set and collect fees for the purposes

of this Act.

(2) In

setting fees, the board shall, to the extent that it is practicable, ensure

that the fees are sufficient to enable the college to discharge its duties under

this Act.

(3) All money received

by the college shall be applied by it to its duties under this Act.

Annual meeting

(1) The college shall hold

annual general meetings in accordance with the by-laws.

(2) At the annual

general meeting the board shall

(

a) appoint an auditor

to audit the accounts of the college and to report on the financial statements

of the college; and

(

b) consider and vote on those other matters required by the by-laws.

Annual reports

(1) The college shall prepare and submit to the minister

before July 1 in a year

(

a) a report on the

activities of the college; and

(

b) the college'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 subsection 53(7) or 54(5).

(3) The minister shall

publish the annual report on the department's website.

(4) The college shall,

where it has a website, publish the annual report on its website in a manner

that the annual report may be accessed by a member of the public.

By-laws

(1) The board may make by-laws not inconsistent with this

Act

(

a) respecting the

holding of meetings and the procedure at those meetings;

(

b) respecting matters

that may be considered and voted on at annual general meetings;

(

c) respecting the

appointment, remuneration and duties of the registrar;

(

d) respecting the

election of members under paragraph 8(1)(

a) and setting the terms of office;

(

e) respecting the remuneration

and payment of expenses of elected members of the board;

(

f) respecting the

election of an executive under subsection 8(8);

(

g) establishing

a code of ethics;

(

h) establishing

definitions of "professional misconduct",

"professional incompetence", "incapacity or unfitness to engage

in the practice of pharmacy" and "conduct unbecoming a registrant"

for the purposes of

Part IV;

(

i) establishing standards governing the practice of pharmacy, including standards of

professional competence and of capacity and fitness to practice;

(

j) establishing rules respecting methods of advertising;

(

k) respecting the

remuneration and payment of expenses of members of adjudication tribunals and members

of committees;

(

l) respecting the participation

of members at a meeting of the board by audio-visual technology under subsection 8(9);

(

m) respecting the

voting of the board by mail or electronic means;

(

n) respecting the types

of registers to be kept by the registrar and the information to be maintained

on those registers;

(

o) respecting the appointment of persons to

conduct routine assessments ;

(

p) respecting the

form and manner of an application for a licence;

(

q) respecting the

form and manner of an application for a change in ownership of a pharmacy; and

(

r) generally, to assist in the administration of

this Act and the regulations.

(2) A by-law may be

made, amended or repealed at a meeting of the board where

members are provided with 30 days' notice, in writing, of the meeting and the intention to

make, amend or repeal the by-law.

(3) Members may consent to a shorter notice period

for the purpose of subsection (2).

(4) The board shall have

its by-laws available for inspection by the public on reasonable notice and at

reasonable hours.

PART III

REGISTRATION AND LICENSING

Registration of

pharmacists

(1) A person who satisfies the

following requirements is entitled to be registered as a pharmacist:

(

a) applies

in a form and manner approved by the college;

(

b) provides

proof satisfactory to the college that the person

(

i) has graduated from a Faculty of Pharmacy in

Canada that has been 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 and practising as a

pharmacist under the laws of another province or territory of Canada, or

(iii) where the person does not satisfy the

requirements in subparagraph (

i) or (ii), has satisfied

other requirements set by the college;

(

c) successfully

completes a registration examination based upon the professional competency

requirements that the college may establish;

(

d) successfully

completes the Pharmacy Examining Board of Canada qualifying examination or

another assessment of qualification approved by the college;

(

e) provides

proof that the person has obtained professional liability insurance coverage in

a form and amount satisfactory to the college;

(

f) where the person is currently, or was

previously, licensed or registered in another jurisdiction, provides proof satisfactory to the college that

the person's licence or registration has not been

revoked, suspended or restricted or has conditions attached by reasons of

disciplinary measures in another jurisdiction;

(

g) has

practice pharmacy in the province;

(

h) successfully completes practical training in accordance with the regulations;

(

i) provides a current certificate of conduct satisfactory to the college ;

(

j) provides photo

identification acceptable to the college;

(

k) pays the registration fee set by the board;

and

(

l) meets

the other requirements that may be prescribed in the regulations.

(2) Notwithstanding paragraph (1)(f), the college

may register a person whose licence or registration has been revoked, suspended

or restricted or has conditions attached by reasons of disciplinary measures in

another jurisdiction where

(

a) the person provides details of any revocation

or suspension of or restriction or conditions on the persons licence or

registration in another jurisdiction;

(

b) the college is satisfied, after consideration

of the details provided under paragraph (a), that the person is entitled to be

registered; and

(

c) the person satisfies the other requirements in

subsection (1).

(3) The college may impose terms, conditions or

restrictions on a registration issued under subsection (2).

(4) Notwithstanding subsection (1), where 2 or

more years have elapsed between the date that a person completed the

requirements in paragraph (1)(c), (

d) or (

h) and the date that the person first

applies to be registered, the college may, in addition to the requirements in

subsection (1), require the person to successfully rewrite the required

examination, redo the practical training or both.

Emergency

registration of pharmacists

(1) Where the board determines that

there is an immediate need for pharmacist services due to an actual or

potential threat to public safety, health or welfare

or, where the minister or the federal Minister of Health makes a request, the college

may issue an emergency registration.

(2) A

person who satisfies the following requirements may be issued an emergency

registration for a period of time determined by the college:

(

a) provides

proof satisfactory to the college that the person

(

i) is licensed or registered to practice as a

pharmacist in another jurisdiction in Canada,

(ii) has

graduated from a Faculty of Pharmacy in Canada that has been accredited by the

Canadian Council for the Accreditation of Pharmacy Programs or another

accreditation body approved by the board within the past 12 months and has not

failed any national examinations required by the board,

(iii) was

previously registered to practice as a pharmacist in the province, or

(iv) where the person does not satisfy the

requirements in subparagraph ( i ), (ii) or (iii), has

satisfied other requirements set by the college;

(

b) where

the person is currently, or was previously, licensed or registered in another

jurisdiction, provides proof satisfactory to the college that the person's licence or registration has not been revoked, suspended or

restricted or has conditions attached by reasons of disciplinary measures in

another jurisdiction;

(

c) provides

proof of identification as required by the college; and

(

d) satisfies

any other requirements as the college may determine are necessary and

practicable in the circumstances.

(3) The

college may accept the declaration of the person as proof that the person

satisfies one or more of the requirements in subsection (2).

(4) An

emergency registration issued under subsection (2) may be renewed as considered

necessary by the college.

(5) The

college may impose terms, conditions or restrictions on an emergency

registration issued under subsection (2).

(6) The

college may terminate an emergency registration issued under subsection (2) at

any time.

Registration of pharmacy

interns

(1) A person who satisfies the

following requirements is entitled to be registered as a pharmacy intern:

(

a) applies

in a form and manner approved by the college;

(

b) provides proof

satisfactory to the college that the person has graduated or is expected to

graduate within 12 months from a Faculty of Pharmacy in Canada that has been accredited

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

accreditation body approved by the board;

(

c) provides

proof that the person has obtained professional liability insurance coverage in

a form and amount satisfactory to the college;

(

d) provides

a current certificate of conduct satisfactory to the college;

(

e) provides

photo identification acceptable to the college;

(

f) pays the registration fee set by the board;

and

(

g) meets

the other requirements that may be prescribed in the regulations.

(2) Registration

of a pharmacy intern confers upon the pharmacy intern the right to perform

tasks within the scope of practice of a pharmacist, but only where the pharmacy

intern is supervised in a manner acceptable to the board.

(3) The tasks conferred on a pharmacy intern under

subsection (2) do not include tasks that require an authorization in accordance

with regulations made under

section 29.

(4) Only

a registered pharmacy intern may identify themself as a pharmacy intern.

Registration of

pharmacy students

(1) A person who satisfies the following requirements is entitled to be registered as a

pharmacy student:

(

a) applies in a form

and manner approved by the college;

(

b) provides proof

satisfactory to the college that the person is enrolled in a Faculty of

Pharmacy in Canada that has been accredited by the Canadian Council for the

Accreditation of Pharmacy Programs or another accreditation body approved by

the board;

(

c) provides

proof that the person has obtained professional liability insurance coverage in

a form and amount satisfactory to the college;

(

d) provides

a current certificate of conduct satisfactory to the college;

(

e) provides

photo identification acceptable to the college;

(

f) pays the registration fee set by the board;

and

(

g) satisfies the other

requirements that may be prescribed in the regulations.

(2) Registration

of a pharmacy student confers upon the pharmacy student the right to perform

tasks within the scope of practice of a pharmacist, but only where the pharmacy

student is supervised in a manner acceptable to the board.

(3) The tasks conferred on a pharmacy student

under subsection (2) do not include tasks that require an authorization in

accordance with regulations made under

section 29.

(4) Only

a registered pharmacy student may identify themself as a pharmacy student.

Registration of

pharmacy technicians

(1) A person who satisfies the

following requirements is entitled to be registered as a pharmacy technician:

(

a) applies

in a form and manner approved by the college;

(

b) provides

proof satisfactory to the college that the person

(

i) has graduated from a pharmacy technician

educational program in Canada that has been 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 and practising

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

Canada, or

(iii) where

the person does not satisfy the requirements in subparagraph (

i) or (ii), has satisfied other requirements set by the college;

(

c) successfully

completes a pharmacy technician registration examination based upon the

professional competency requirements that the college may establish;

(

d) successfully

completes the Pharmacy Examining Board of Canada qualifying examination or

another assessment of qualification approved by the college;

(

e) provides proof that

the person has obtained professional liability insurance coverage in a form and

amount satisfactory to the college;

(

f) where the person is currently, or was

previously, licensed or registered in another jurisdiction, provides proof satisfactory to the college that

the person's licence or registration has not been

revoked, suspended or restricted or has conditions attached by reasons of

disciplinary measures in another jurisdiction;

(

g) has

(

h) successfully completes practical training in accordance with the regulations;

(

i) provides a current certificate of conduct

satisfactory to the college;

(

j) provides

photo identification acceptable to the college;

(

k) pays the registration fee set by the board;

and

(

l) satisfies

the other requirements that may be prescribed in the regulations.

(2) Notwithstanding paragraph (1)(f), the college

may register a person whose licence or registration has been revoked, suspended

or restricted or has conditions attached by reasons of disciplinary measures in

another jurisdiction where

(

a) the person provides details of any revocation

or suspension of or restriction or conditions on the persons licence or

registration in another jurisdiction;

(

b) the college is satisfied, after consideration

of the details provided under paragraph (a), that the person is entitled to be

registered; and

(

c) the person satisfies the other requirements in

subsection (1).

(3) The college may impose terms, conditions or

restrictions on a registration issued under subsection (2).

(4) Notwithstanding subsection (1), where 2 or

more years have elapsed between the date that a person completed the

requirements in paragraph (1)(c), (

d) or (

h) and the date that the person first

applies to be registered, the college may, in addition to the requirements in

subsection (1), require the person to successfully rewrite a required

examination, redo the practical training or both.

Emergency

registration of pharmacy technicians

(1) Where the board determines that

there is an immediate need for pharmacy technician services due to an actual or

potential threat to public safety, health or welfare

or, where the minister or the federal Minister of Health makes a request, the college

may issue an emergency registration.

(2) A

person who satisfies the following requirements may be issued an emergency

registration for a period of time determined by the college:

(

a) provides proof

satisfactory to the college that the person

(

i) is licensed or registered to practice as a

pharmacy technician in another jurisdiction in Canada,

(ii) has

graduated from a pharmacy technician educational program or a Faculty of

Pharmacy, in Canada, that has been accredited by the Canadian Council for the

Accreditation of Pharmacy Programs or another accreditation body approved by

the board within the past 12 months and has not failed any national examinations

required by the board,

(iii) was

previously registered to practice as a pharmacy technician in the province, or

(iv) where

the person does not satisfy the requirements in subparagraph ( i ), (ii) or (iii), has satisfied other requirements set by

the college;

(

b) where

the person is currently, or was previously, licensed or registered in another

jurisdiction, provides proof satisfactory to the

college that the person's licence or registration has not been revoked,

suspended or restricted or has conditions attached by reasons of disciplinary

measures in another jurisdiction;

(

c) provides

proof of identification as required by the college; and

(

d) satisfies

any other requirements as the college may determine are necessary and practicable

in the circumstances.

(3) The

college may accept the declaration of the person as proof that the person

satisfies one or more of the requirements in subsection (2).

(4) An

emergency registration issued under subsection (2) may be renewed as considered

necessary by the college.

(5) The

college may impose terms, conditions or restrictions on an emergency

registration issued under subsection (2).

(6) The

college may terminate an emergency registration issued under subsection (2) at

any time.

Registration of pharmacy

technician interns

(1) A person who satisfies the

following requirements is entitled to be registered as a pharmacy technician

intern:

(

a) applies in a form and manner approved by the college;

(

b) provides proof satisfactory to the college that

the person has graduated from a pharmacy

technician educational program in Canada that has been accredited by the

Canadian Council for the Accreditation of Pharmacy Programs or another

accreditation body approved by the board ;

(

c) provides proof that the person has obtained

professional liability insurance coverage in a form and amount satisfactory to

the college;

(

d) provides

a current certificate of conduct satisfactory to the college;

(

e) provides

photo identification acceptable to the college;

(

f) pays the registration fee set by the board;

and

(

g) meets the other requirements that may be

prescribed in the regulations.

(2) Registration of a pharmacy technician intern

confers upon the pharmacy technician intern the right to perform tasks within

the scope of practice of a pharmacy technician, but only where the pharmacy technician intern is supervised in a manner acceptable

to the board.

(3) The tasks conferred on a pharmacy technician

intern under subsection (2) do not include tasks that require an authorization

in accordance with regulations made under

section 29.

(4) Only a registered pharmacy technician intern

may identify themself as a pharmacy technician intern.

Registration of

pharmacy technician students

(1) A person who satisfies the following requirements is entitled to be registered as a

pharmacy technician student:

(

a) applies in a form

and manner approved by the college;

(

b) provides proof

satisfactory to the college that the person is enrolled in a pharmacy technician

educational program in Canada that has been accredited by the Canadian Council

for the Accreditation of Pharmacy Programs or another accreditation body

approved by the board;

(

c) provides proof that the person has obtained

professional liability insurance coverage in a form and amount satisfactory to

the college;

(

d) provides

a current certificate of conduct satisfactory to the college;

(

e) provides

photo identification acceptable to the college;

(

f) pays the registration fee set by the board;

and

(

g) satisfies the other

requirements that may be prescribed in the regulations.

(2) Registration of a pharmacy

technician student confers upon the pharmacy technician student the right to

perform tasks within the scope of practice of a pharmacy technician, but only where the pharmacy technician student

is supervised in a manner acceptable to the board.

(3) The tasks conferred on a pharmacy technician

student under subsection (2) do not include tasks that require an authorization

in accordance with regulations made under

section 29.

(4) Only a registered

pharmacy technician student may identify themself as a pharmacy technician

student.

Registers

(1) The registrar shall maintain registers in which the

registrar shall enter

(

a) the names of all registrants;

and

(

b) other information

that the board may require.

(2) The registrar shall

make the registers of the college available for inspection by the public on

reasonable notice and at reasonable hours.

(3) 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.

Appeal

(1) A person whose application for registration

was refused may appeal the refusal to the board which may confirm, vary or reverse the decision.

(2) A

person affected by a decision of the board under this

section may, within 30

days of receipt of the decision, appeal it to the Supreme Court by filing a

notice of appeal with the court.

Certificate of registration

(1) The registrar shall issue a

certificate of registration to a person who has applied and satisfies the

registration requirements prescribed in this Act and the regulations.

(2) The

registrar shall renew a certificate of registration where a person has applied

and satisfies the renewal requirements prescribed in the regulations.

(3) A certificate of registration shall be valid

for the period of time prescribed in the regulations.

(4) Notwithstanding subsection (3), w here an emergency registration is issued under

section

17 or

section 21, the registrar shall issue a certificate of registration for

the period of time determined by the college under

subsection 17(2) or subsection 21(2).

(5) A

pharmacist or pharmacy technician, with the exception of a pharmacist or

pharmacy technician registered under

section 17 or

section 21, who has not been

issued a certificate of registration and engaged in the practice of pharmacy in

the 3 years immediately preceding the date on which the pharmacist or pharmacy

technician applies for a certificate of registration, shall not be entitled to

be issued a certificate of registration unless the pharmacist or pharmacy

technician meets the requirements prescribed in the regulations.

(6) It

is a condition of a certificate of registration of a pharmacist that the

pharmacist be a member of the association or, within one month of the date of

issuing the certificate, become a member of the association.

(7) It

is a condition of a certificate of registration of a registrant that the

registrant abide by this Act, the regulations and the by-laws, standards of

practice and policies of the college.

(8) Where a registrant

does not comply with one or more of the requirements for registration or

renewal of a registration in this Act or the regulations, the college may

suspend or cancel the registration.

Continuing

professional development

27. Every pharmacist and pharmacy technician shall

participate in continuing professional development as required by the board.

Registrants 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 .

Scope of practice

29. The

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

of practice of registrants.

Delegation

(1) A pharmacist who has an

authorization to perform tasks in accordance with regulations made under

section

29 may delegate one or more of those tasks to a pharmacy intern or a pharmacy

student, in accordance with the regulations, where the pharmacy intern or a

pharmacy student is supervised in a manner acceptable to the board.

(2) A

pharmacy technician who has an authorization to perform tasks in accordance

with regulations made under

section 29 may delegate one or more of those tasks to

a pharmacy technician intern or pharmacy technician student, in accordance with

the regulations, where the pharmacy technician intern or pharmacy technician

student is supervised in a manner acceptable to the board.

Pharmacy licence

(1) Before opening a pharmacy, a

corporation, partnership or individual shall apply for

a licence in the form and manner specified in the

by-laws.

(2) The

college shall issue a licence in respect of a

pharmacy for which an application is made under subsection (1) where the

application satisfies the requirements prescribed in the regulations.

(3) A licence issued under this

section in respect

of a pharmacy shall be issued in the name of the pharmacist in charge of the

pharmacy.

(4) A

person shall not operate a pharmacy business and a registrant shall not

dispense or sell a scheduled 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.

(5) Before

an owner sells an interest in a pharmacy, whether through a sale of the

pharmacy, a sale of shares in the pharmacy or a sale of shares in a corporation

that holds shares in the pharmacy, the owner shall make an application for a change

in ownership in the form and manner specified in the by-laws.

(6) Where,

on review of an application under subsection (5), the college determines that

the change in ownership requires the issuance of a new licence ,

the college shall

(

a) cancel the licence for that pharmacy on the effective

date of the change of ownership; and

(

b) issue

a new licence for that pharmacy where the application

satisfies the requirements for a licence prescribed

in the regulations.

(7) This

section applies to a hospital pharmacy.

(8) A

licence shall be renewed where the pharmacist in

charge applies and the application satisfies the

requirements prescribed in the regulations.

(9) A

licence in respect of a pharmacy shall be displayed

in a conspicuous part of the pharmacy in full public view.

(10) A

licence may be revoked by the college where the

pharmacy ceases to satisfy the requirements for a licence

under this Act or the regulations.

(11) Where

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

satisfy the requirements prescribed in the regulations.

Pharmacist in

charge

(1) The college may designate a

pharmacist as a pharmacist in charge where the pharmacist satisfies the

requirements prescribed in the regulations.

(2) The

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

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

conduct deserving of sanction.

(3) A

person other than a pharmacist in charge shall not direct, control or manage a

pharmacy.

(4) The

duties of the pharmacist in charge shall be as set out in the regulations.

(5) Where the pharmacist in charge is not the

owner of the pharmacy, the pharmacy owner shall not impede, through action or

inaction, the ability of the pharmacist in charge to ensure that the pharmacy is operated in compliance

with this Act.

Prohibition

(1) A person other than a registrant

shall not represent to be engaged in the practice of pharmacy or act in a

manner that expressly or otherwise may lead the public to believe that the

person is entitled to engage in the practice of pharmacy.

(2) A

person shall not

(

a) display,

use or permit to be displayed or used, a sign, advertisement or symbol bearing

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

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

meaning, unless it is associated with a pharmacy or otherwise approved by the college;

(

b) employ

a person who is not a registrant or otherwise entitled under this Act to engage

in the practice of pharmacy; or

(

c) dispense, sell,

offer for sale or handle drugs or substances except in

compliance with this Act.

PART IV

DISCIPLINE

Definitions

34. 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;

(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 registrant, and

(

v) acting

in breach of this Act, the regulations, or the code of ethics made under

section

15;

(d) "costs incurred by the college" includes

(

i) out of pocket expenses incurred by or on behalf

of the college,

(ii) amounts

paid by the college to adjudication tribunal members as remuneration and for

expenses, and

(iii) the

actual cost of legal counsel for the college and the adjudication tribunal;

(e) "disciplinary panel" means the panel of persons appointed under

section 35

from which the members of an adjudication tribunal are chosen; and

(f) "respondent" means a registrant or a former registrant against

whom an allegation is made.

Committees

(1) The board shall appoint

(

a) the

chairperson, vice- chairperson and members of the complaints

authorization committee; and

(

b) 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;

(

b) one

pharmacy technician who is not a member; 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) Where the term of

office of a member of the disciplinary panel expires, the member continues to

be a member of the disciplinary panel until reappointed or replaced.

(7) Members

of the disciplinary panel shall serve as members 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 college, in accordance with

and at the rates set by the by-laws.

(8) The

complaints authorization committee and an adjudication tribunal appointed under

section 39 and a person appointed by either of them may summon a respondent or

another person and require that the respondent or other 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 .

Allegations

(1) An allegation shall be in writing

and signed by the complainant or the complainant's solicitor,

and filed with the registrar.

(2) The

registrar may on the registrar's 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 registrant has been convicted or found

guilty 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 registrants in another

province or territory of Canada or another territory or country for reason of

professional misconduct, conduct unbecoming a registrant 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),

(

a) the

registrar shall refer the allegation and all other allegations to the complaints

authorization committee; and

(

b) where

the registrar considers that it is in the public interest, the registrar may suspend

or restrict the respondent's registration until the complaints authorization

committee makes a decision under subsection 38(2), (3)

or (6).

(3) The

registrar shall inform the complainant and the respondent of the referral of

the allegation to the complaints authorization committee.

(4) Where

the registrar restricts or suspends the respondent's registration under

subsection (2), the registrar shall

(

a) within

14 days of the restriction or suspension having been made,

(

i) publish a notice of the restriction or

suspension on the college's website, or

(ii) where the college

does not have a website, provide the notice to the department for publication

on its website; and

(

b) advise

at least 2 media outlets in or nearest to the community in which the respondent

practises that the notice referred to in paragraph

(

a) has been published.

Complaints authorization

committee

(1) After an allegation has been

submitted to the complaints authorization committee,

the committee may exercise one or 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 that 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 the respondent's practice, including direction that the

respondent

(

a) comply

with a specified provision of this Act, the regulations, a standard of practice

or a by-law, policy or guideline of the college;

(

b) successfully

complete a continuing or remedial education program;

(

c) complete

an assessment of the respondent's 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 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) or (6), 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 complaints authorization 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.

(7) Where the complaints authorization committee instructs

the registrar to file a complaint in accordance with paragraph (6)(b), the complaints

authorization committee may suspend or restrict the respondent's registration.

(8) Where

the complaints authorization committee suspends or restricts the respondent's

registration under subsection (7), the committee shall notify the registrar of

the restriction or suspension and the registrar shall

(

a) within

14 days of the restriction or suspension having been made,

(

i) publish a notice of the restriction or suspension

on the college's website, or

(ii) where the college

does not have a website, provide the notice to the department for publication

on its website; and

(

b) advise

at least 2 media outlets in or nearest to the community in which the respondent

practises that the notice referred to in paragraph

(

a) has been published.

(9) 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 that the

person considers necessary and as arranged by the registrar or the college, and

(ii) permit

the registrar or a member of the complaints authorization committee or another

person appointed by the complaints authorization committee 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 complaints authorization

committee or another person appointed by the complaints authorization committee

to inspect and copy records and other documents relating to the subject matter

of the investigation held by that person,

and the respondent

or other person shall comply.

(10) Where

the registrar, a member of the complaints authorization committee or another

person appointed by the complaints authorization committee requires that a respondent

or other person provide information under subsection (9), that information

shall be provided within 7 days of receipt of the request

or a different period as specified in the request.

(11) An

action for damages does not lie against a registrant or another person to whom

a request is made solely because the registrant or other person provides

information requested under subsection (9).

(12) 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 Supreme Court by filing a notice of

appeal with the court.

(13) Subsections

(9), (10) and (11) 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 registrants and one shall be a member of

the panel appointed to represent the public interest.

(2) For

the purpose of subsection (1),

(

a) where

the respondent is a pharmacist, pharmacy intern or pharmacy student, at least one

of the registrants appointed to the adjudication tribunal shall be a pharmacist,

where practicable; and

(

b) where

the respondent is a pharmacy technician, pharmacy technician intern or pharmacy

technician student, at least one of the registrants appointed to the adjudication

tribunal shall be a pharmacy technician, where practicable.

(3) The

chairperson of the disciplinary panel shall appoint one of the registrants on

an adjudication tribunal to be the chairperson.

(4) Where

the term of office of a member of the adjudication tribunal expires and the

member has commenced a hearing, the member continues to be a member until the

hearing is concluded and a decision rendered.

Hearing

(1) Where a complaint has been referred under paragraph 38(6)(b),

an adjudication tribunal shall hear the complaint.

(2) The

parties to a hearing are the college and the respondent and a party may be

represented by 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

41. 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 38(9) to conduct an investigation ,

who made the copy or

extract under subsection 38(9) 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 the respondent's certificate to the college

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 $25,000 to be paid to the college;

(

e) order

that the respondent pay the costs or a part of the

costs incurred by the college 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 44(7) 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 use disorder counselling or treatment until the respondent can

demonstrate to the college or other body or person designated by the

adjudication tribunal that a condition related to a substance use disorder rendering

the respondent incapable or unfit to practise has been

overcome,

(

v) engage

in professional development programs,

(vi) complete

a course of studies or obtain supervised clinical experience, or both, to the

satisfaction of the college or another body or person designated by the adjudication

tribunal,

(vii) report

on the respondent's compliance with an order made under this

section and

authorize others involved with the respondent's treatment or supervision to

report on it,

(viii) restrict

the respondent's professional practice or continue the respondent's practice

under specified conditions,

(ix) permit

periodic inspection of the respondent's practice,

(

x) permit

periodic inspection of records relating to the respondent's practice, or

(xi) impose

other requirements that are just and reasonable in the circumstances.

(3) The

costs incurred by the college 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 college

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 the respondent's certificate to the college

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 $25,000 to be paid to the college;

(

e) order

that the respondent pay the costs or a part of the

costs incurred by the college 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 44(7) 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 use disorder counselling or treatment until the respondent can

demonstrate to the college or other body or person designated by the

adjudication tribunal that a condition related to a substance use disorder

rendering the respondent incapable or unfit to practise

has been overcome,

(

v) engage

in professional development programs,

(vi) complete

a course of studies or obtain supervised clinical experience, or both, to the

satisfaction of the college or another body or person designated by the adjudication

tribunal,

(vii) report

on the respondent's compliance with an order made under this

section and

authorize others involved with the respondent's treatment or supervision to

report on it,

(viii) restrict

the respondent's professional practice or continue the respondent's practice

under specified conditions,

(ix) permit

periodic inspection of the respondent's practice,

(

x) permit

periodic inspection of records relating to the respondent's practice, or

(xi) impose

other requirements that are just and reasonable in the circumstances.

(4) The

costs incurred by the college 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 42(2) or 43(3) with the registrar and provide a

copy to the complainant, the respondent, the respondent's employer

and the minister.

(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 or order is filed and

shall upon receiving a request to view the disciplinary records in relation to

a respondent permit a person to view the

summary prepared in accordance with

subsection (7).

(3) The

registrar shall publish a

summary of a decision or order of an adjudication

tribunal within 14 days of the expiry of the appeal period provided in

section

50, where the decision or order

(

a) suspends

the respondent;

(

b) allows

or directs the surrender of the respondent's 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) Where

the registrar is required to publish a

summary of a decision or order under

subsection (3), the registrar shall

(

a) publish

the

summary of the decision or order on the college's website; or

(

b) where

the college does not have a website, provide the

summary or order to the department

for publication on its website.

(5) Where

the registrar publishes a

summary of a decision or order in accordance with

subsection (4), the registrar shall

(

a) advise

at least 2 media outlets in or nearest to the community in which the respondent

practises that a

summary of the decision or order has

been published; and

(

b) arrange

that a

summary of the decision or order be kept on the website

(

i) for a period of not less than 3 months, or

(ii) where

one or more of the following apply, for a period not less than the period

referred to in clause (A), (

B) or (C), as applicable:

(

A) where

the respondent is suspended for a period greater than 3 months, the period of

suspension,

(

B) where

the respondents practice is restricted for a period greater than 3 months, the

period of restriction, or

(

C) where

conditions are imposed for the continuing practice of the respondent for a

period greater than 3 months, the period during which conditions are imposed.

(6) Where

the registrar publishes a

summary of a decision or order in accordance with

subsection (4), the registrar may also publish a

summary of the decision or

order in the colleges annual report or another

publication approved by the college.

(7) Unless

a court orders otherwise, the

summary of the decision or order published under

this

section shall include

(

a) the

name of the respondent and the address where the respondent 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, where requested by the complainant;

(

d) the

contents of the decision or 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.

(8) Where

a decision or order, the

summary of which is 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) to (7) apply, with the necessary changes.

(9) The

registrar may give notice of the decision or order and information respecting

the decision or order to the other persons the college may direct and shall include

a

summary of the decision or order in a certificate of good standing issued in

relation to the respondent.

(10) Nothing

in this

section prohibits the registrar from publishing a decision or order of

an adjudication tribunal, including publishing it in a database or repository

for adjudication decisions approved by the minister, provided that the name and

any identifying information of the complainant or witnesses is not published

unless the complainant or witness requests that it be published.

De-registration and

suspension

(1) Where a respondent is struck off the register, the

respondent's rights and privileges as a registrant cease.

(2) Where

a respondent is suspended, the respondent's rights and privileges as a registrant

cease for the period of suspension.

(3) Where

conditions or restrictions have been imposed upon a respondents ability to

carry on the respondent's practice, the respondent's rights and privileges as a

registrant shall be limited to the extent specified by the conditions or restrictions.

Failure to comply

(1) On application by the college 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 college 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 the respondent's 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 38(6)(

b) and sections

40 to 45 apply, with the necessary changes, to the referred matter.

(4) The

chairperson of the disciplinary panel shall, where it is possible and appropriate,

appoint to the adjudication tribunal the same persons who constituted the

adjudication tribunal that made the decision referred to in subsection (1).

(5) The

parties to a supplementary hearing under this

section are the respondent and the

college.

(6) For

the purpose of this section, in addition to an order that an adjudication

tribunal may make under

section 43, a tribunal may

(

a) vary

the original decision or order made under

section 43; or

(

b) discharge

the original decision or order, with or without conditions.

Costs of the

college

(1) Where a person who was ordered to pay the costs of the college under paragraph

42(2)(

e) or 43(3)(

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

the registration of that person until the costs are paid.

(2) Costs

ordered to be paid under paragraph 42(2)(

e) or 43(3)(

e) are a debt due the

college and may be recovered by the college by a civil action.

Collection of

fine

(1) Where an order is made under

section 42 or 43 imposing a fine on a respondent, the college 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 Supreme

Court.

(2) Where

a certificate is filed with 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 Supreme Court 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 Supreme Court 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 Supreme

Court

(1) The college 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 Supreme Court by filing a notice of appeal with the

court.

(2) An

appeal under this

section does not stay the decision or order being appealed

unless the Supreme Court orders otherwise.

PART V

QUALITY ASSURANCE

Quality assurance

program

(1) The college shall establish and

maintain a quality assurance program to promote

(

a) high

standards of practice within the pharmacy profession;

(

b) high standards of operation for pharmacies;

(

c) competence

in the pharmacy profession; and

(

d) quality

improvement.

(2) The quality assurance program may include the

following:

(

a) continuing

professional development requirements for registrants;

(

b) reviews

of a registrants practice by a quality assurance committee in response to a

concern about the quality or competence of the registrant's practice;

(

c) routine

assessment of a registrants practice;

(

d) routine

assessment of pharmacies; and

(

e) other

quality assurance and quality improvement initiatives approved by the board.

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 9(1) or (2).

(2) The

quality assurance committee shall conduct a review of a registrant's practice where

(

a) the quality assurance committee receives a

referral of a concern about the

quality or competence of the registrant's practice from

(

i) the registrar, or

(ii) the complaints authorization committee; or

(

b) the quality assurance committee determines

that a review is necessary on its own accord.

(3) The quality

assurance committee may appoint persons to assist the quality assurance

committee in performing its duties under this Act.

(4) A

person appointed under subsection (3) may

(

a) enter

and inspect the premises where a registrant engages in the practice of pharmacy;

(

b) review

a registrant's records of care administered to patients;

(

c) require

the registrant to provide information respecting the clinical assessment and care

of patients or records of care administered to patients; and

(

d) require a person at the premises to provide

information relating to the subject

matter of the quality assurance committee review.

(5) A person appointed under subsection (3) shall report to the quality assurance committee .

Conduct of

quality assurance committee review

(1) In connection with a quality

assurance committee review, the quality assurance committee may

(

a) subpoena

documents and records relating to the subject matter of the quality assurance committee

review, including documents and records maintained in electronic form and

patient records;

(

b) order a person to provide information relating to the subject matter of the quality

assurance committee review orally or in writing;

(

c) order

a registrant to undergo an evaluation, assessment or examination;

(

d) order

a review of a registrant's practice, including any consequential review of

patient records;

(

e) order

periodic or random audits of aspects of a registrant's practice;

(

f) order

a registrant to confer with the quality assurance committee; and

(

g) order a registrant to

(

i) obtain counselling, including substance use

disorder counselling, until the registrant can

demonstrate to the committee, or another body or a person designated by the

committee, that a condition related to the counselling has been overcome,

(ii) obtain

medical treatment and authorize a person participating in the provision of that

treatment to report on it to the committee,

(iii) complete

a course of study or an educational or training program,

(iv) restrict

the registrant 's practice,

(

v) obtain

supervised clinical experience as directed by the committee and to the

satisfaction of the committee,

(vi) continue

the registrant's practice under conditions the committee may specify, or

(vii) report

compliance with an order of the committee and authorize a person to report to the

committee on whether the registrant is complying with an order.

(2) The

quality assurance committee may accept the terms of an agreement entered into by the college and a registrant as constituting

compliance by the registrant with a

requirement or order imposed by the committee on the registrant

under subsection (1).

(3) Where

a registrant fails to comply

(

a) with

a requirement or an order of the quality assurance committee; or

(

b) with

an agreement referred to in subsection (2) within the time required by the quality

assurance committee for compliance,

the quality

assurance committee shall refer the failure to comply to the complaints

authorization committee as an allegation.

(4) An

order of the quality assurance committee issued before it refers a matter to

the complaints authorization committee under subsection (3) remains in effect

notwithstanding the referral of the matter to the complaints

authorization committee.

(5) An

action for damages does not lie against a registrant, or another person to whom

a request is made, solely because the registrant or person provides information

requested under paragraph (1)(

a) or (b).

(6) Where

the quality assurance committee requires that a registrant or another person

provide information under paragraph (1)(

a) or (b), that information shall be

provided within 7 days of receipt of the request or a

different period as specified in the request.

(7) The quality assurance committee or a person appointed by the quality assurance

committee may access patient records without the consent of that patient.

(8) All

records and specific information relating to a quality assurance committee review

are confidential.

(9) Notwithstanding

subsection (8), where subsection (3) applies, a member of the quality assurance

committee shall provide all information and documents in the member's possession

relating to a quality assurance committee review to the complaints

authorization committee.

(10) Paragraphs

(1)(

a) and (

b) and subsections (5) to (8) apply to the Crown.

Routine assessments

(1) The college may appoint persons to conduct

routine assessments of a registrant's practice or of a pharmacy.

(2) In addition to a person appointed under

subsection (1), t he registrar may

conduct a routine assessment of a registrant's practice or of a pharmacy.

(3) A person conducting a routine assessment may

(

a) enter

and inspect the premises where the practice of pharmacy is carried out;

(

b) review

records of care administered to patients;

(

c) require

the registrant to provide information respecting the clinical assessment and

care of patients or records of care administered to patients;

(

d) require

the pharmacist in charge or the owner of the pharmacy to provide information

respecting the implementation of standards of pharmacy operation and standards

of practice; and

(

e) require

the registrant, the pharmacist in charge or the owner of the pharmacy to confer

with the college.

(4) A

registrant who is the subject of a routine assessment and a pharmacist in charge

or an owner of a pharmacy that is the subject of a routine assessment shall

cooperate fully with the college and a person appointed to conduct the routine

assessment.

(5) A person

conducting a routine assessment may

access patient records without the consent of that patient.

(6) All

records and specific information relating to a routine assessment or a

recommendation arising from a routine assessment are confidential.

Report and

compliance

(1) Upon completion of a routine assessment, the

person conducting the routine assessment shall provide a report to the college

and to

(

a) the registrant, where a registrant was assessed;

(

b) the

pharmacist in charge or owner of a pharmacy, where a pharmacy was assessed; or

(

c) the registrant and the pharmacist in charge or owner of a pharmacy,

where both a registrant and a pharmacy were assessed.

(2) A report under subsection (1) may include remedial recommendations to the registrant, the

pharmacist in charge or the owner of the pharmacy that was assessed.

(3) Where a recommendation is made in a report

under this section, the college may

(

a) direct one or more of the following to comply

with the recommendation:

(

i) the registrant,

(ii) the pharmacist in charge; or

(iii) the owner of the pharmacy; and

(

b) direct that the registrant, pharmacy

or both be reassessed.

(4) Notwithstanding

subsection 54(6), where a registrant or pharmacist in charge does not comply

with a recommendation, the registrar may

(

a) refer

the failure to comply to the complaints authorization committee as an allegation;

and

(

b) provide

all information and documents in the registrars possession relating to the routine

assessment to the complaints authorization committee.

Costs

56. The costs incurred by a registrant, a

pharmacist in charge or an owner of a pharmacy in implementing orders of the

quality assurance committee, recommendations of a person who conducted a

routine assessment or a direction of the college shall be paid by the registrant,

pharmacist in charge or owner of the pharmacy, and shall not be a cost of the

quality assurance committee or the college.

PART VI

INSPECTION AND COMPLIANCE

Inspectors

(1) The college or the registrar may designate

persons or classes of persons to act as inspectors for the purpose of this Act

and the regulations.

(2) The registrar is an inspector

for the purpose of this Act and the regulations.

(3) A registrant,

pharmacy owner or other person shall not interfere with, obstruct, attempt to

obstruct, or fail to cooperate with, an inspector while the inspector is

exercising powers or carrying out duties or functions under this Act.

(4) A registrant, pharmacy

owner or other person shall not knowingly make a false or misleading statement,

either orally or in writing, to an inspector

while the inspector is exercising powers or carrying out duties or functions

under this Act.

Powers of inspectors

(1) An inspector may, at all reasonable times, for purposes

related to the administration or enforcement of this Act, the regulations or the

by-laws, inspect or examine the premises, operations, books and records of a

person, licensed pharmacy or proposed pharmacy that the inspector may consider

relevant for the purpose of determining compliance with this Act, the regulations,

the by-laws or any standards of operation or pharmacy practice approved by the board.

(2) An inspector may,

without a warrant,

(

a) enter any premises

(

i) which is a licensed

pharmacy or a proposed pharmacy,

(ii) where the practice of pharmacy is carried out,

(iii) where any property,

books or records respecting the practice of pharmacy are or may be kept, or

(iv) where anything is done

or is suspected by the inspector of being done in connection with a requirement

of this Act, the regulations, the by-laws or a standard of operation or pharmacy practice ;

(

b) inspect all records, facilities, equipment,

drugs and supplies used or intended to be used in the practice of pharmacy;

(

c) examine and conduct tests on materials and

substances that the inspector considers necessary and remove the materials or substances where

necessary to conduct an examination or test ;

(

d) interview or request information from any

employee or other person providing services in the operation of a pharmacy;

(

e) require from a registrant, pharmacy owner or

other person information respecting the care of patients or records of care

administered to patients;

(

f) access patient records without the consent of

the patient;

(

g) make copies,

extracts, photographs or videos the inspector considers necessary;

(

h) require a

registrant, pharmacy owner or other person in charge of a premises to give the inspector

all reasonable assistance, including the production of books and records as

requested by the inspector, and to answer all questions relating to the

administration or enforcement of this Act, the regulations, by-laws, or standard

of operation or pharmacy practice and, for that purpose, require the registrant,

pharmacy owner or other person to attend at the premises with the inspector; and

(

i) require a registrant, pharmacy owner or other person to

make available the means to generate and manipulate books and records that are

in machine readable or electronic form and any other means or information

necessary for the inspector to assess the books and records.

(3) An

inspector may use audio-visual technology in conducting an inspection.

(4) Notwithstanding subsections

(1) and (2), an inspector shall not enter a dwelling-house without the consent

of the occupant except under the authority of a warrant issued under

section 60

or 61.

Order of inspector

(1) Where an inspector finds that a person, a pharmacy

or a proposed pharmacy is not in compliance with a provision of this Act, the

regulations, the by-laws or a standard of operation or pharmacy practice approved

by the board, the inspector may order one or more of the following persons to

take steps to ensure compliance with the provision or standard:

(

a) the

person;

(

b) the

pharmacist in charge; or

(

c) the

pharmacy owner.

(2) An inspector may require that an order under

subsection (1) be carried out immediately or within the period

of time that the inspector specifies.

(3) An

order under subsection (1) may include a direction that the pharmacy be closed

until all persons subject to the order comply with the order to the

satisfaction of the inspector.

Contravention of

Act suspected

(1) Where, during the course of an inspection under

section 58

or otherwise, an inspector believes on reasonable grounds that there has been a

contravention of this Act or the regulations, the inspector may, with a warrant

issued under subsection (2) or

section 61, seize and take away anything that

may provide evidence with respect to a suspected offence under this Act or the

regulations as evidence of a contravention and may retain those things until

the time they are required in a court proceeding.

(2) A Provincial Court judge

who is satisfied upon oath or affirmation that there are reasonable grounds for

believing there is in or on a premises anything that may provide evidence with

respect to a suspected offence under this Act or the regulations, may issue a

warrant authorizing an inspector to enter the premises and to

(

a) search;

(

b) examine the contents

of the premises and make those inquiries that the inspector considers

necessary; and

(

c) copy, extract,

photograph, video, seize and take away evidence, books

and records,

for the purpose of

investigating the suspected offence.

(3) A person shall not

obstruct an inspector in the carrying out of the inspector's duties under this

section as authorized by the warrant.

Telewarrant

(1) Where, in the opinion of an inspector it would not be

practical to appear before a Provincial Court judge to apply for a warrant, the

inspector may make the application by telephone or other means of

telecommunication.

(2) Where an inspector

acts under the authority of a warrant obtained under this section, the

inspector shall provide a facsimile of the warrant to the owner or person in

charge of a premises present at the time the warrant is carried out.

(3) In subsection (2),

"facsimile" includes a record produced by electronic means or a

written record of a telephone conversation made by both parties to the

conversation while it is in progress and which the parties have confirmed as to

its accuracy by reading their record of the conversation to one another at the

end of the conversation.

Admissibility of

documents

62. A copy or extract of a document or record

related to an inspection purporting to be certified by the inspector is

admissible in evidence in an action, proceeding or prosecution as proof, in the

absence of evidence to the contrary, of the original without proof of appointment,

designation, authority or signature of the person purporting to have certified

the copy.

PART VII

GENERAL

Duty to report

(1) A registrant who has knowledge,

from direct observation or objective evidence, of conduct deserving of sanction

of another registrant shall report the known facts to the registrar.

(2) A

person who dissolves a partnership or employment relationship with a registrant

based on direct knowledge of the registrant's conduct deserving of sanction

shall report the known facts to the registrar.

(3) An

action shall not be brought against a registrant, a person

or a partnership for the sole reason that a registrant or person complied with

this section.

Out of province prescriptions

64. A drug may be dispensed 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 in Newfoundland and Labrador.

Protection from

liability

(1) An action for damages for

an act, purported act or failure to act, for a proceeding initiated or carried

out in good faith under this Act, for carrying out duties or obligations under

this Act or any regulation or by-laws made under it or for a decision or order

made or enforced in good faith under this Act, does not lie against

(

a) the minister;

(

b) the registrar or

deputy registrar;

(

c) a member of the board;

(

d) an officer, employee

or agent of the college or the board;

(

e) a person or

committee designated by the college or the board;

(

f) the college;

(

g) the board;

(

h) the complaints

authorization committee or a person appointed by the complaints authorization committee;

(

i) the disciplinary panel or an adjudication tribunal;

(

j) the quality

assurance committee or a person appointed by the quality assurance committee;

(

k) a person appointed to conduct a routine assessment;

(

l) an inspector; or

(

m) the individual

members of a body listed in this subsection.

(2) An action for

defamation shall 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 IV.

(3) 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.

Disclosure of

information

(1) The college 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

college, 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 the person by regular, registered or certified mail at the

person's last known address;

(

b) by

e-mailing them to the person at the person's last known e-mail address; or

(

c) by

personal service on the 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 Canada Post.

(3) A

notice or demand sent by mail to a person is considered to be

received by the person on the earlier of

(

a) the date the person receives the notice or demand; or

(

b) the

eleventh day after the date the notice or demand was sent, except when postal services

are not functioning.

(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 the 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 registrant 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 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

registrant; and

(

b) photocopies

of the information referred to in paragraph (a).

(4) An

action for damages does not lie against a registrant or a pharmacy solely

because the registrant provides the information requested under subsection (1).

(5) A

registrant is not guilty of professional misconduct solely because the registrant

provided information requested under subsection (1).

Contravention

69. A pharmacist who contravenes

Part III of the Pharmaceutical

Services Act is considered to have committed professional misconduct for the

purpose of

Part IV of this Act.

Offence and penalties

(1) A person, registrant, pharmacy owner, 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) Notwithstanding subsection (1), w here the college fails to comply with subsections 14(1),

(2) or (4), the college is guilty of an offence and is liable on

summary conviction

to a fine of $1,000.

(3) A

prosecution under this

section shall be commenced within 2 years after the

commission of the alleged offence.

Regulations

71. The board may, with the approval of the

minister, make regulations

(

a) excluding a drug that is included on a drug

schedule

referred to in subparagraph 2(z)(iii) from the definition of scheduled drug;

(

b) prescribing other registration requirements for registrants;

(

c) respecting

practical training required for registration of pharmacists and pharmacy technicians;

(

d) prescribing requirements for renewal of a certificate

of registration ;

(

e) prescribing the period of time that a

certificate of registration is valid;

(

f) prescribing requirements for the purpose of

subsection 26(5);

(

g) prescribing the requirements for the issuance and

renewal of a licence;

(

h) prescribing the requirements that a pharmacist

in charge shall satisfy when a pharmacy ceases to operate as a pharmacy;

(

i) respecting the scope of practice of registrants;

(

j) respecting

the delegation of tasks under

section 30;

(

k) prescribing

the requirements for the designation of a pharmacist as a pharmacist in charge;

(

l) prescribing

the duties of a pharmacist in charge;

(

m) respecting

alternative dispute resolution for the purposes of

Part IV and the procedure

for that resolution;

(

n) the

disclosure of information under

section 66, 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;

(

o) defining

a word or phrase used but not defined in this Act; and

(

p) generally to give effect to the purpose of this Act.

PART VIII

TRANSITIONAL, CONSEQUENTIAL,

REPEAL AND COMMENCEMENT

Transitional

(1) The members of the board of directors of

the Newfoundland and Labrador Pharmacy Board immediately before the coming into force of this Act shall continue as members of the board of directors of the college until reappointed

or replaced.

(2) The chairperson of the board of directors of

the Newfoundland and Labrador Pharmacy Board immediately before the coming into force of this Act shall be the

chairperson of the board of directors of the college until reappointed or replaced .

(3) The members of the complaints authorization

committee and the disciplinary panel immediately before the coming into force of this Act are continued as members until reappointed or replaced.

(4) A complaint, discipline proceeding, quality

assurance committee review and any assessment that was started but not

concluded immediately before the

coming into force of this Act shall be concluded under

the former Act as if the former Act were still in force.

SNL2022 cF-01 Amdt .

Schedule A to the Fair Registration Practices Act is amended by deleting the words

" Newfoundland and Labrador Pharmacy Board"

and substituting the words " College of Pharmacy of Newfoundland and Labrador".

SNL2011 cM-4.02 Amdt .

Section 78 of the Medical Act, 2011 is amended by deleting the reference " Pharmacy Act, 2012 " wherever it

appears and substituting the reference " Pharmacy Act, 2024 ".

SNL2019 cO-6.2 Amdt .

75. Subparagraph 2(l)(

i) of the Opioid Damages and

Health Care Costs Recovery Act is amended by deleting the reference " Pharmacy

Act, 2012 " wherever it appears and substituting the reference " Pharmacy

Act, 2024 ".

SNL2008 cP-7.01 Amdt .

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

following substituted:

(xii) Pharmacy

Act, 2024 ,

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

following substituted:

(ii) a

pharmacy as defined in the P harmacy Act, 2024 ,

(3) Paragraph 5(1)(

h) of the Act is amended by

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

" Pharmacy Act, 2024 ".

SNL2006 cP-12.01 Amdt .

(1) Paragraph 2(

g) of the Pharmaceutical

Services Act is amended by

deleting the reference " Pharmacy Act, 2012 " and substituting the reference " Pharmacy Act, 2024 ".

(2) Paragraph

2(

o) of the Act is amended by deleting the words " person registered under the Pharmacy Act, 2012 " and substituting the words " pharmacist as defined in the Pharmacy Act, 2024 ".

(3) Subsection

26(6) of the Act is amended by deleting the words

"Newfoundland and Labrador Pharmacy Board continued

under the Pharmacy Act " and

substituting the words " College of Pharmacy of Newfoundland and Labrador continued under the Pharmacy

Act, 2024 ".

(4) Subsection 34(3) of the Act is amended by deleting

the words "Newfoundland and Labrador Pharmacy Board"

and substituting the words " College of Pharmacy of Newfoundland and Labrador ".

SNL2017 cP-18.2 Amdt .

78. Subparagraph 2(1)(k)(iv) of the Prescription Monitoring Act is repealed

and the following substituted:

(iv) the College of Pharmacy of Newfoundland and

Labrador, or

RSNL1990 cP-43 Amdt .

Schedule

C to the Public Service Commission Act is amended by deleting the

statutory appointment reference " Pharmacy Act, 2012 , subsections 6(1) and 36(4) with respect to

ministerial appointments " and substituting the statutory

appointment reference " Pharmacy Act, 2024 , subsection 9(1) and paragraph 35(4)(c)" .

SNL1993 cT-4.1 Amdt .

80. Paragraph 4.1(2)(

a) of the Tobacco and Vapour

Products Control Act is amended by deleting the reference "paragraph 2(

l) of the Pharmacy

Act, 2012 " and substituting the reference "paragraph 2(

o) of the Pharmacy

Act, 2024 ".

NLR 56/19 Amdt .

81. Paragraph 5(

k) of the Automobile Insurance Regulations, 2019 under the Automobile

Insurance Act is amended by deleting the reference " Pharmacy Act,

2012 " and substituting the reference " Pharmacy Act, 2024 ".

NLR 90/12 Amdt .

82. Paragraph 3.1(2)(

b) of the Diagnostic and Therapeutic Drug Regulations, 2012 under the Optometry Act, 2012 is amended by

deleting the words "Newfoundland and Labrador Pharmacy Board" and

substituting the words " College

of Pharmacy of Newfoundland and Labrador ".

NLR 114/96 Amdt .

83. Paragraph 18.1(6)(

j) of the Pension Benefits Act Regulations under the Pension

Benefits Act, 1997 is amended by deleting the reference " Pharmacy

Act, 2012 " and substituting the reference " Pharmacy Act, 2024 ".

NLR 16/16 Amdt .

84. Paragraph 4(

e) of the Pharmaceutical Services Audit and Recovery Regulations under the Pharmaceutical Services Act is amended

by deleting the words "Newfoundland and Labrador Pharmacy Board" and

substituting the words " College

of Pharmacy of Newfoundland and Labrador ".

NLR 104/09 Amdt .

Section

4 of the Pharmacy

Network Regulations under the Personal Health Information Act is amended by deleting the words "Newfoundland and Labrador Pharmacy

Board" and substituting the words "College of Pharmacy of

Newfoundland and Labrador".

NLR 78/19 Amdt .

(1) Paragraph

2(

g) of the Prescription Monitoring

Regulations under the Prescription

Monitoring Act is amended by deleting the reference " Pharmacy Act, 2012 " and

substituting the reference " Pharmacy

Act, 2024 ".

(2) Subsection

4(1) of the regulations is amended by deleting the words "Newfoundland and Labrador Pharmacy Board"

wherever they appear and substituting the words "College of Pharmacy of

Newfoundland and Labrador".

(3) Paragraph

7(1)(

c) of the regulations is amended by deleting the words "Newfoundland and Labrador Pharmacy Board" and

substituting the words "College of Pharmacy of Newfoundland and Labrador".

NLR 42/19 Amdt .

87. Paragraph 5(

b) of the Public Health Protection and Promotion Regulations under the Public

Health Protection and Promotion Act is amended by deleting the reference

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

Act, 2024 ".

SNL2012 cP-12.2

Rep.

88. The Pharmacy

Act, 2012 is repealed.

Commencement

89. This Act comes into force on September 30, 2024 .

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