Second

Session, 45th General Assembly

Elizabeth II, 2005

BILL 59

AN ACT TO AMEND THE

PHARMACY ACT

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

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

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

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

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

HONOURABLE

JOHN OTTENHEIMER

Minister

of Health and Community Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend the Pharmacy Act by repealing paragraph

9(1)(h) .

Clause 2 of the Bill would correct

paragraph 21(2)(

f) of the Act by striking the word association and replacing it

with the word board.

Clause 3 of the Bill would amend subsection

36(9) of the Act to clarify who the complaints authorization committee and an

adjudication tribunal may summon for evidentiary purposes in a disciplinary proceeding .

Clause 4 of the Bill would amend the

Act to allow a certified copy of a record of a conviction to be considered as

evidence in a hearing by the complaints authorization committee and an

adjudication tribunal.

Clause 5 of the Bill would amend the

Act by extending application of subsections 39(4), (5) and (6) to the Crown.

Clause 6 of the Bill would amend the

Act by repealing subsection 41(2).

Clause 7 of the Bill would amend the

Act by adding the proposed

section 41.1 to allow copies of books and other

documents to be considered as evidence of the original in a disciplinary

proceeding.

Clauses 8 and 9 of the Bill would amend

sections 42 and 43 of the Act to expand the disciplinary measures available to an

adjudication tribunal when a practitioner pleads guilty to a complaint or is

found guilty of a complaint. It would

further amend these sections by adding a provision to make costs incurred by

the board for the purpose of ensuring the compliance of a respondent with an

order of the disciplinary tribunal the responsibility of the respondent.

A BILL

AN ACT TO AMEND THE PHARMACY ACT

Analysis

1. S.9 Amdt.

By-laws

2. S.21 Amdt.

Registration of pharmacists

3. S.36 Amdt.

Committees

4. S.37 Amdt.

Allegation

S.39 Amdt.

Complaints authorization committee

6. S.41 Amdt.

Hearing

S.41.1 Added

Copies of books, etc. as

evidence

S.42 Amdt.

Guilty plea by respondent

9. S.43 Amdt.

Powers of adjudication

tribunal

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1994 cP-12-1

as amended

1. Paragraph 9(1)(

h) of the Pharmacy Act is repealed.

2. Paragraph 21(2)(

f) of the Act is amended by

striking the word "association" and replacing it with the word "board".

3. Subsection 36(9) of the Act is repealed and the

following substituted:

(9) The complaints authorization committee and an

adjudication tribunal appointed under

section 40 and a person appointed by

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

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

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

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

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

commissioner appointed under the Public

Inquiries Act .

4. The Act is amended by adding immediately after subsection

37(3) the following:

(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.

5. The Act is amended by adding immediately after

subsection 39(8) the following:

(9) Subsections (4), (5), and (6) apply to the

Crown.

6. Subsection 41(2) of the Act is repealed.

7. The Act is amended by adding immediately after

section 41 the following:

Copies of books,

etc. as evidence

41.1 A

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

(

a) a member of the complaints authorization committee;

(

b) a person authorized under subsection 39(4) to

conduct an inspection,

who made the copy or extract under

subsection 39(4) 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.

8. Subsection 42(2) of the Act is repealed and the

following substituted:

(2) Where a respondent pleads guilty, and

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

(

a) reprimand the respondent;

(

b) order that the respondent be suspended for a

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

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

(

c) allow or direct the respondent to surrender

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

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

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

(

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

to the board;

(

e) order that the respondent pay the costs or a

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

complaint;

(

f) order that the secretary-registrar publish a

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

and other information that the tribunal may specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

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

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies or obtain

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

another body or person designated by the adjudication tribunal,

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

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her professional practice or

continue his or her practice under specified conditions,

(ix) permit periodic inspection of his or her

practice,

(

x) permit periodic inspection of records relating

to his or her practice, or

(xi) impose other requirements that are just and

reasonable in the circumstances.

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

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

tribunal under this

section shall be borne by the respondent.

9. Subsection 43(3) of the Act is repealed and the

following substituted:

(3) Where an adjudication tribunal decides that a

respondent is guilty, it may,

(

a) reprimand the respondent,

(

b) order that the respondent be suspended for a

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

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

(

c) allow or direct the respondent to surrender

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

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

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

(

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

to the board;

(

e) order that the respondent pay the costs or a

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

complaint;

(

f) order that the secretary-registrar publish a

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

and other information that the tribunal may specify; and

(

g) order that the respondent comply with one or

more of the following:

(

i) make restitution to the complainant or other

person affected by the conduct of the respondent,

(ii) obtain medical treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

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

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing education programs,

(vi) complete a course of studies or obtain

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

another body or person designated by the adjudication tribunal,

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

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her professional practice or

continue his or her practice under specified conditions,

(ix) permit periodic inspection of his or her

practice,

(

x) permit periodic inspection of records relating

to his or her practice, or

(xi) impose other requirements that are just and

reasonable in the circumstances.

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

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

tribunal under this

section shall be borne by the respondent.

Earl G. Tucker, Queen's Printer