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SNL2012 CHAPTER P-12.2

PHARMACY ACT, 2012

Amended:

2013 c16 s25; 2014 c7 s14

CHAPTER P-12.2

AN ACT TO REGULATE THE PRACTICE
OF PHARMACY

(Assented to December 22, 2012)

Analysis


       
1.   Short title

       
2.   Definitions

       
3.   Non-application of Act

              PART I
ASSOCIATION

       
4.   Association continued

              PART II
LICENSING BOARD

       
5.   Licensing board

       
6.   Appointed members

       
7.   Objects

       
8.   Meetings of the board

       
9.   Annual report

     
10.   Fees

     
11.   By-laws

     
12.   Committees

     
13.   Website

              PART III
REGISTRATION, ADMISSION AND
EXAMINATION

     
14.   Registration of pharmacists

     
15.   Registration of interns

     
16.   Registration of students

     
17.   Pharmacy technicians

     
18.   Registration renewal

     
19.   Registers

     
20.   Entry on register

     
21.   Certificate of registration

     
22.   Proof of registration

     
23.   Pharmacy licence

              PART IV
PRACTICE

     
24.   Members only to use designation

     
25.   Prohibition

     
26.   Out of province prescriptions

     
27.   Display of licence

     
28.   Responsibility

     
29.   Hospital pharmacy

     
30.   Cessation of operation

     
31.   Protection from liability

     
32.   Disclosure of information

     
33.   Notices

     
34.   Compliance with request for information

              PART V
DISCIPLINE

     
35.   Definitions

     
36.   Committees

     
37.   Allegation

     
38.   Effect of filing allegation

     
39.   Complaints authorization committee

     
40.   Adjudication tribunal

     
41.   Hearing

     
42.   Copies of books, etc. as evidence

     
43.   Guilty plea by respondent

     
44.   Powers of adjudication tribunal

     
45.   Filing and publication of decisions

     
46.   De-registration and suspension

     
47.   Failure to comply

     
48.   Supplementary hearing

     
49.   Costs of the board

     
50.   Collection of fine

     
51.   Appeal to Trial Division

              PART VI
QUALITY ASSURANCE

     
52.   Quality assurance program

     
53.   Quality assurance committee

     
54.   Assessment

     
55.   Report and compliance

     
56.   Costs

     
57.   Termination of review

     
58.   Duty to report

              PART VII
GENERAL

     
59.   Regulations

     
60.   Contravention

     
61.   Actions

     
62.   Offence and penalties

              PART VIII
TRANSITIONAL, CONSEQUENTIAL, REPEAL AND COMMENCEMENT

     
63.   Transition

     
64.   SNL2011 cM-4.02 Amdt.

     
65.   SNL2008 cP-7.01 Amdt.

     
66.   SNL2006 cP-12.01 Amdt.

     
67.   SNL1993 cT-4.1 Amdt.

     
68.   SNL1994 cP-12.1 Rep.

     
69.   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, 2012.

2012 cP-12.2 s1

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Definitions

        2. In this Act

             (a)  "association" means the Pharmacists' Association of Newfoundland and Labrador Inc. referred to in section 4;

             (b)  "board" means the Newfoundland and Labrador Pharmacy Board referred to in section 5;

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

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

             (e)  "dispense" means to provide a substance or item ordered by prescription but does not include the administration of that substance or item to a person or animal;

             (f)  "drug" means a substance or combination of substances used or intended to be used to diagnose, treat, mitigate or prevent disease, disorder or an abnormal physical or mental state or a symptom of them, or to restore, correct or modify organic functions in humans or animals, including those substances or combinations of substances listed or referred to in the regulations;

             (g)  "hospital" means a hospital operated by a regional health authority under the Regional Health Authorities Act;

             (h)  "licence" means a licence issued under section 23;

              (i)  "member" means a person elected or appointed as a member of the board;

              (j)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (k)  "pharmacist" means a person registered under section 14;

              (l)  "pharmacy" means that portion of a place of business, shop, store or other location including that portion of a hospital, institution or retail operation, compounding or re-packaging facility, where scheduled drugs are, or were, prepared, compounded, dispensed or sold or where the practice of pharmacy is or was carried out;

           (m)  "pharmacy technician" means a person registered under section 17;

             (n)  "practice of pharmacy" means

                      (i)  promoting the health, prevention and treatment of diseases, disorders and dysfunctions through monitoring and management of drug therapy,

                     (ii)  assisting and advising patients by contributing drug and non-drug therapy knowledge on drug and non-drug therapy selection and use,

                    (iii)  compounding, preparing, dispensing, administering and selling drugs,

                    (iv)  supervising and managing drug distribution systems to maintain public safety and drug system security, and

                     (v)  conducting or collaborating in health-related research

and includes teaching, consulting or advising in the areas of pharmaceutical services, education, policy or research by a person registered under this Act;

             (o)  "prescription" means an instruction, directing that a drug be dispensed to or for a person or animal, given orally, in writing or by an electronic means approved by the board by a person authorized to do so by an Act of the province or by a prescriber referred to in section 26;

             (p)  "registrar" means the person appointed as registrar by the board under section 5;

             (q)  "scheduled drug" means a drug or device listed in the schedule to the regulations;

              (r)  "sell" means, directly or indirectly, upon a pretence or by any means, to barter, distribute, give or deliver, whether or not for consideration, including attempting to sell, barter, give or deliver and offering, advertising, exposing or keeping for sale; and

             (s)  "standards of practice" means the minimal professional practice expectations for a registered pharmacy student, intern, pharmacy technician or pharmacist in any setting or role, approved by the board, including standards of practice and practice policies adopted by the board or otherwise inherent in the pharmacy profession.

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Non-application of Act

        3. (1) This Act does not apply to

             (a)  a medical practitioner licensed and acting under the Medical Act, 2011 ;

             (b)  a dentist or dental surgeon licensed and acting under the Dental Act, 2008 ;

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

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

             (e)  a nurse practitioner licensed and acting under the Registered Nurses Act, 2008.

             (2)  This Act shall not extend to or interfere with the dispensing of necessary drugs or medicines by registered nurses in the course of duty when practising with the approval and under the general supervision of a regional health authority.

2012 cP-12.2 s3

PART I
ASSOCIATION

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Association continued

        4. (1) The Pharmacists’ Association of Newfoundland and Labrador Inc. is continued as a corporation without share capital for the purposes of Part XXI of the Corporations Act .

             (2)  The objects of the association shall include, notwithstanding anything in the by-laws of the association,

             (a)  promoting and advancing pharmacy and related disciplines, increasing the knowledge, skill, standards and proficiency of its members in the practice of pharmacy and maintaining the honour and integrity of the profession of pharmacy;

             (b)  promoting liaison among the various branches of pharmacy; and

             (c)  negotiating with providers of prescription drug payment programs.

             (3)  A pharmacist who pays the membership fee set by the association is a member of the association notwithstanding anything in the by-laws of the association.

             (4)  Notwithstanding its incorporation under this Act, the association shall be governed by the Corporations Act for all purposes, including a change of the name of the association.

2012 cP-12.2 s4

PART II
LICENSING BOARD

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Licensing board

        5. (1) The Newfoundland and Labrador Pharmacy Board is continued as a corporation without share capital for the purposes of Part XXI of the Corporations Act .

             (2)  The board shall consist of:

             (a)  7 members elected from and by pharmacists in accordance with the by-laws;

             (b)  2 members appointed by the minister under subsection 6(1) who are not pharmacists;

             (c)  2 members appointed by the board under subsection 6(2) who are not pharmacists;

             (d)  the Dean of the School of Pharmacy of Memorial University of Newfoundland and Labrador ;

             (e)  a pharmacy technician elected from and by pharmacy technicians in accordance with the by-laws; and

             (f)  the registrar of the board appointed by the other members of the board in accordance with the by-laws, who shall not vote on a matter before the board, its executive or a committee of the board.

             (3)  Notwithstanding paragraph (2)(e), the first pharmacy technician shall be appointed by the board for a term not exceeding 24 months and this section applies to the pharmacy technician as if he or she were elected under that paragraph.

             (4)  A member of the board of the association is ineligible to be a member of the board.

             (5)  A member may be elected for a term set by the by-laws which shall not exceed 3 years and is eligible to be re-elected, but shall not be a member for more than 9 consecutive years.

             (6)  Where the term of office of a person elected under this section expires, he or she continues to be a member of the board until re-elected or replaced.

             (7)  An elected member may resign by written notice to the board.

             (8)  Where an elected member resigns, dies or becomes incapable of performing his or her duties, the remaining members shall appoint a replacement to serve until the next annual general meeting.

             (9)  Elected members shall serve without payment for their services, but their travel and other expenses associated with their duties as members shall be paid by the board, in accordance with the by-laws.

          (10)  The board may pay the registrar for performing his or her duties under this Act, in accordance with the by-laws.

          (11)  The board may appoint one or more pharmacists as assistant registrars and may assign them duties which may include duties assigned to the registrar by this Act.

          (12)  The board shall elect an executive from the members including a chairperson who chairs meetings of the board, a vice-chairperson who shall preside over meetings in the absence of the chairperson and other officers as provided for in the by-laws.

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Appointed members

        6. (1) The minister shall appoint 2 members of the board who are not pharmacists who are suitable to represent the public interest.

             (2)  The board shall appoint 2 members of the board who are not pharmacists who are suitable to represent the public interest.

             (3)  A person appointed under this section holds office for a term of 3 years and is eligible to be re-appointed.

             (4)  Where a person appointed under this section holds office for a period of 9 consecutive years the person is not eligible for appointment as a member of the board until the expiration of 12 months from the end of the year in which he or she was last a member.

             (5)  Where the term of office of a person appointed under this section expires, he or she continues to be a member of the board until re-appointed or replaced.

             (6)  The board shall pay the expenses of a person appointed to the board under this section in accordance with guidelines established by the Lieutenant-Governor in Council.

             (7)  A person appointed under subsection (1) may be removed from office by the minister before the expiration of his or her term of office and no compensation shall be paid to him or her other than an amount owing under subsection (6).

             (8)  A person appointed under subsection (2) may be removed from office by the board before the expiration of his or her term of office and no compensation shall be paid to him or her other than an amount owing under subsection (6).

             (9)  A person appointed under subsection (1) may resign from the board by written notice to the minister.

          (10)  A person appointed under subsection (2) may resign from the board by written notice to the board.

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Objects

        7. (1) The board shall regulate the practice of pharmacy and the pharmacy profession in the public interest.

             (2)  The objects of the board include

             (a)  the promotion of

                      (i)  high standards of practice, and

                     (ii)  continuing competency and quality improvement through continuing education;

             (b)  the administration of a registration and licensing program;

             (c)  the establishment, maintenance and development of standards for the operation of pharmacies; and

             (d)  ensuring that the public interest is protected in all matters relating to the practice of pharmacy.

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Meetings of the board

        8. (1) A quorum of the board is 50% plus one member, one of whom shall be a member appointed to represent the public interest.

             (2)  Where there is a tie vote on a motion or resolution of the board, that motion or resolution shall be considered to be defeated.  

             (3)  The board shall hold an annual general meeting, to which all pharmacists and pharmacy technicians shall be invited.

             (4)  At the annual general meeting the board shall

             (a)  appoint an auditor to audit the accounts of the board;

             (b)  report on the financial statement prepared by the board; and

             (c)  report on the work of the board during the preceding year.

             (5)  Except where prohibited in the by-laws, a member of the board may, where all the members consent, participate in a meeting of the board by means of the telephone or other telecommunication device that permits all persons participating in the meeting to communicate with each other.

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Annual report

        9. (1) The board shall prepare and submit to the minister before July 1 in a year

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

             (b)  the board's audited financial statements.

             (2)  The report referred to in paragraph (1)(a) shall contain statistics respecting the frequency and circumstances of access to patient records without patient consent under section 54.

             (3)  The minister shall publish the annual report on the Health and Community Services website.

             (4)  The board shall publish the annual report on its website in a manner that the annual report may be accessed by a member of the public.

             (5)  Where the board fails to comply with subsections (1), (2) or (4), the board is guilty of an offence and is liable on summary conviction to a fine of $1,000.

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Fees

      10. (1) The board may set fees payable under this Act, and in so doing the board shall, so far as it is practicable, ensure that the amount of fees is sufficient to enable it to discharge its duties under this Act.

             (2)  All money received by the board shall be applied by it to its duties under this Act.

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By-laws

      11. (1) The board may make by-laws not inconsistent with this Act respecting

             (a)  the holding of its meetings and the procedure at those meetings;

             (b)  the appointment, remuneration and duties of the registrar;

             (c)  the election of members under subsection 5(2) and setting the terms of office;

             (d)  the payment of travel and other expenses of elected members;

             (e)  the election of an executive under subsection 5(12);

             (f)  a code of ethics which may include a definition of "professional misconduct" and "conduct unbecoming" for the purposes of Part V and methods of advertising considered advisable for pharmacists and pharmacies;

             (g)  the remuneration and payment of travel expenses of members of adjudication panels;

             (h)  the participation of members at a meeting of the board by telephone or other telecommunications device under section 8;

              (i)  the voting of the board by mail or electronic means;

              (j)  the types of registers to be kept by the registrar and the information to be maintained on those registers;

             (k)  the appointment and definition of duties of examiners;

              (l)  the issuance and term of certificates and licences; and

           (m)  information required from applicants for registration or licensing.

             (2)  A by-law may be made, amended or repealed at a meeting of the board provided that 30 days notice, in writing, of the making, amendment or repeal of the by-law and of the meeting are given to members.

             (3)  The board shall have its by-laws available for inspection by the public on reasonable notice and at reasonable hours.

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Committees

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

2012 cP-12.2 s12

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Website

      13. (1) The board shall maintain a website which shall be available to the public and shall include

             (a)  the board's annual report;

             (b)  the registers maintained under section 19;

             (c)  copies of the regulations and by-laws made by the board; and

             (d)  the other information required by regulations.

             (2)  A person may request and the board shall provide the information on its website to the person in paper form, and may charge a reasonable fee for so doing.

2012 cP-12.2 s13

PART III
REGISTRATION, ADMISSION AND
EXAMINATION

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Registration of pharmacists

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

             (a)  applies in a manner and form prescribed by the board;

             (b)  provides proof satisfactory to the board that he or she

                      (i)  has graduated from a Faculty of Pharmacy accredited by the Canadian Council for the Accreditation of Pharmacy Programs or another accreditation body approved by the board, or  

                     (ii)  was, immediately before making an application for registration under this Act, registered, licensed, in good standing and practising as a pharmacist under the laws of another province or territory of Canada;

             (c)  successfully completes a licensing examination based upon the professional competency requirements that the board may establish;

             (d)  provides a copy of the certificate of qualification issued to him or her by the Pharmacy Examining Board of Canada or another body approved by the board;

             (e)  provides proof that he or she has obtained professional liability insurance coverage in a form and amount satisfactory to the board;

             (f)  establishes that he or she is not suspended or restricted with respect to the practice of pharmacy by a board or equivalent body governing the practice of pharmacy in a jurisdiction outside the province;

             (g)  has a working knowledge of the English language sufficient to enable him or her to practice pharmacy in the province;

             (h)  has completed a practical training period under terms and conditions prescribed by the regulations;

              (i)  pays the fees set by the board and any outstanding fines or penalties which are owed to the board; and

              (j)  meets the other requirements that may be prescribed by regulations.

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Registration of interns

      15. (1) The board may register an applicant as an intern where he or she

             (a)  applies in a manner and form prescribed by the board;

             (b)  provides proof satisfactory to the board that he or she has graduated from a Faculty of Pharmacy accredited by the Canadian Council for the Accreditation of Pharmacy Programs or another accreditation body approved by the board;

             (c)  provides proof that he or she has obtained professional liability insurance coverage in a form and amount satisfactory to the board;

             (d)  pays the fees set by the board and any outstanding fines or penalties which are owed to the board; and

             (e)  meets the other requirements that may be prescribed by regulations.

             (2)  Registration of an intern confers upon the intern the right to perform tasks within the scope of practice of a pharmacist, but only under the supervision of a pharmacist in accordance with the standards of practice.

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Registration of students

      16. (1) The board shall register an applicant as a pharmacy student where

             (a)  he or she applies in a manner and form prescribed by the board;

             (b)  he or she provides proof satisfactory to the board that he or she is enrolled in a Faculty of Pharmacy accredited by the Canadian Council for the Accreditation of Pharmacy Programs or another accreditation body approved by the board;

             (c)  he or she pays the fees set by the board and any outstanding fines or penalties which are owed to the board; and

             (d)  meets the other requirements that may be prescribed by regulations.

             (2)  Registration of a student confers upon the student the right to perform tasks within the scope of practice of a pharmacist, but only under the direct supervision of a pharmacist.

             (3)  Only a registered pharmacy student enrolled in a course of study in a Faculty of Pharmacy accredited by the Canadian Council for the Accreditation of Pharmacy Programs or another accreditation body approved by the board may identify himself or herself as a pharmacy student.

             (4)  Practical experience placements shall only be completed by students registered with the board.

2012 cP-12.2 s16

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Pharmacy technicians

      17. (1) The board shall register an applicant as a pharmacy technician where he or she

             (a)  applies in a manner and form prescribed by the board;

             (b)  provides proof satisfactory to the board that he or she

                      (i)  has graduated from a pharmacy technician educational program accredited by the Canadian Council for the Accreditation of Pharmacy Programs or another accreditation body approved by the board,

                     (ii)  was, immediately before making an application for registration under this Act, registered, licensed, in good standing and practising as a pharmacy technician under the laws of another province or territory of Canada, or

                    (iii)  has graduated from a Faculty of Pharmacy accredited by the Canadian Council for the Accreditation of Pharmacy Programs or another accreditation body approved by the board;

             (c)  successfully completes a pharmacy technician licensing examination based upon the professional competency requirements that the board may establish;

             (d)  provides proof satisfactory to the board that he or she has successfully completed the Pharmacy Examining Board of Canada qualifying exam;

             (e)  provides proof that he or she has obtained professional liability insurance coverage in a form and amount satisfactory to the board;

             (f)  establishes that he or she is not suspended or restricted by a board or equivalent body governing the practice of pharmacy technicians in a jurisdiction outside the province;

             (g)  has a working knowledge of the English language sufficient to enable him or her to practise as a pharmacy technician in the province;

             (h)  pays the fees set by the board and any outstanding fines or penalties which are owed to the board; and

              (i)  meets the other requirements that may be prescribed by regulations.

             (2)  Notwithstanding subsection (1), the board may register an applicant as a pharmacy technician where he or she

             (a)  applies for registration no later than December 31, 2017;

             (b)  provides proof satisfactory to the board that he or she worked a minimum of 2000 hours as the equivalent of a pharmacy assistant in the 3 year period immediately before the date of application;

             (c)  provides proof satisfactory to the board that he or she successfully completed a pharmacy technician bridging program approved by the board; and

             (d)  has met the requirements in paragraphs (1)(c) to (i).

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Registration renewal

      18. The board shall renew a pharmacist's or pharmacy technician's registration where he or she

             (a)  applies in the form and manner prescribed by the board;

             (b)  has been engaged in the practice of pharmacy for at least 420 hours in the preceding 2 calendar years;

             (c)  meets the minimum continuing education requirements prescribed in the regulations; and

             (d)  pays the annual registration fee and any outstanding fines or penalties which are owed to the board.

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Registers

      19. (1) The registrar shall maintain registers containing the names of those qualified and registered to practise pharmacy in the province and other registries and information required by the by-laws.

             (2)  The registrar shall, upon payment of the required fees, comply with a request for verification of information contained in a register established under subsection (1).

             (3)  The board shall have its registers available for inspection by the public on reasonable notice and at reasonable hours.

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Entry on register

      20. (1) An entry in a register under this Act which has been fraudulently or incorrectly made or omitted may be removed, corrected or added by the registrar upon the written direction of the board.

             (2)  A person who by fraudulent means obtains registration under this Act commits an offence and shall be considered to have conducted himself or herself in an unprofessional manner.

             (3)  A person may appeal a decision of the registrar regarding entry on a register of that person to the board by filing a notice of appeal with the chairperson at the offices of the board within 30 days of receiving notice of the decision.

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Certificate of registration

      21. (1) The registrar shall issue an annual certificate of registration to a person who has applied and met the registration requirements of the Act and regulations.

             (2)  A pharmacist or pharmacy technician who has not held an annual certificate of registration for 2 years immediately before the year in which that pharmacist or pharmacy technician seeks that certificate shall not be entitled to obtain registration and a certificate unless he or she meets additional requirements which may be prescribed by regulation.

             (3)  It is a condition of a certificate of registration of a pharmacist that he or she

             (a)  be a member of the association or within one month of the date of issuing the certificate become a member of the association; and

             (b)  abide by the Act, regulations, by-laws, standards of practice and policies of the board.

             (4)  It is a condition of a certificate of registration of a pharmacy student, intern and pharmacy technician that he or she abide by the Act, regulations, by-laws, standards of practice and policies of the board.

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Proof of registration

      22. The production in a court or proceeding of a register or a copy of or an extract from a register under this Act, certified by the registrar is evidence of the statements on that register without proof of the fact that the signature is that of the registrar.

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Pharmacy licence

      23. (1) Not less than 30 days before opening a pharmacy for business or acquiring a pharmacy, a corporation, partnership or individual shall provide to the registrar the information required by the by-laws.

             (2)  The information provided under subsection (1) shall be confirmed and signed by the pharmacist in charge of that pharmacy.

             (3)  A person shall not operate a pharmacy business and a pharmacist, intern, pharmacy student or pharmacy technician shall not dispense or sell a drug unless it is

             (a)  from a pharmacy licensed under this Act; and

             (b)  in accordance with restrictions, terms or conditions in force respecting that pharmacy under this Act.

             (4)  This section applies to a hospital pharmacy.

             (5) The registrar shall issue an annual licence to a pharmacy that has applied and met the requirements prescribed by this Act and the regulations.

             (6)  Where the ownership of a pharmacy licensed under this Act changes, the pharmacist in charge shall deliver the pharmacy licence to the board by the effective date of that change and the licence of that pharmacy shall be cancelled immediately.

             (7)  Where a pharmacist in charge ceases his or her duties by reason of illness or death, the pharmacy formerly under his or her charge may continue to operate for not more than 60 days under the direction of another pharmacist in charge at which time a new licence shall be required for that pharmacy.

2012 cP-12.2 s23

PART IV
PRACTICE

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Members only to use designation

      24. (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.

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Prohibition

      25. (1) A person other than a pharmacist with a certificate shall not

             (a)  represent or hold himself or herself out as or as being entitled to use the title or designation of pharmacist, registered pharmacist or R.Ph;

             (b)  carry on the practice of pharmacy in the province;

             (c)  conduct a business or operation for selling scheduled drugs except as expressly permitted under this Act; or

             (d)  hold himself or herself out, conduct himself or herself in a manner or use a sign, emblem, title or advertisement which may reasonably lead the public to infer that he or she is registered as a pharmacist and qualified to practise pharmacy under this Act.

             (2)  A pharmacist may delegate tasks within the practice of pharmacy to a pharmacy student, intern or a person within a prescribed class, under the prescribed level of supervision and in accordance with   the standards of practice.

             (3)  A person shall not

             (a)  display, use or permit to be displayed or used on premises owned or leased by that person, a sign, advertisement or symbol bearing the words "drugs", "medicines", "prescriptions", "pharmacy" or "pharmacist" or other words of similar meaning, unless those premises contain a pharmacy licensed under this Act and under the direct and continuous supervision and control of a pharmacist;

             (b)  employ a person who is not a pharmacist or otherwise entitled under this Act to dispense a prescription; or 

             (c)  dispense, sell, offer for sale or handle drugs or substances except in compliance with this Act.

2012 cP-12.2 s25

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Out of province prescriptions

      26. A pharmacist may dispense a drug pursuant to a prescription authorized by a prescriber licensed to practice in a province or territory of Canada other than Newfoundland and Labrador if the pharmacist has taken reasonable steps to ensure that

             (a)  the prescriber is licensed and practises in Canada ; and

             (b)  the prescriber belongs to a class of persons who, if licensed in Newfoundland and Labrador, would be entitled by law to prescribe that drug in Newfoundland and Labrador .

2012 cP-12.2 s26

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Display of licence

      27. (1) A pharmacy licence issued under section 23 shall be displayed in a conspicuous part of a pharmacy in full public view.

             (2)  A pharmacy shall not use the word "pharmacy" on that pharmacy or the premises on which the pharmacy is located unless that pharmacy has a current licence issued under section 23.

2012 cP-12.2 s27

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Responsibility

      28. (1) The pharmacist in charge of a pharmacy operating under this Act shall ensure that that pharmacy is operated in compliance with this Act and failure to do so constitutes conduct deserving of sanction.

             (2)  A person other than a pharmacist in charge shall not direct, control or manage a pharmacy.

             (3)  The duties of the pharmacist in charge shall be as set out in the regulations.

             (4)  In this section, the pharmacist in charge of a pharmacy is the person designated on the licence issued under section 23.

2012 cP-12.2 s28

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Hospital pharmacy

      29. (1) A hospital with a pharmacy licensed under section 23 shall not engage or employ a person other than a pharmacist, intern, pharmacy student or pharmacy technician registered under this Act to practise pharmacy in or from that hospital pharmacy.

             (2)  This section is binding on the Crown.

2012 cP-12.2 s29

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Cessation of operation

      30. Where a licensed pharmacy ceases to operate as a pharmacy, the pharmacist in charge shall immediately

             (a)  notify the board of that cessation;

             (b)  ensure that all narcotic, controlled and other drugs are disposed of in accordance with this Act or other laws relating to that disposal;

             (c)  ensure that prescription records are available through another pharmacy;

             (d)  provide in writing other information requested by the board; and

             (e)  satisfy other requirements that may be prescribed in the regulations.

2012 cP-12.2 s30

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Protection from liability

      31. (1) An action for damages shall not lie against a member of the board, or a committee designated by the board, the complaints authorization committee, a person appointed by the complaints authorization committee, the disciplinary panel, an adjudication tribunal, the quality assurance committee, a person appointed by the quality assurance committee or the individual members of those bodies, the registrar, assistant registrar or an officer or employee of the board for

             (a)  an act or failure to act, or a proceeding initiated or carried out in good faith under this Act or purportedly under this Act, or for carrying out duties or obligations as the registrar, a member, officer, employee, designate, agent, committee member or person authorized under this Act; or

             (b)  for a decision or order made or enforced in good faith under this Act, or purportedly under this Act.

             (2)  An action for defamation against a board member, a member of a committee or panel, the chairperson, the vice-chairperson or another officer or employee of or counsel for the board may not be founded on the publication of a communication that consists of or pertains to an allegation or complaint, where the communication is published in the course of investigating the allegation or complaint or in the course of proceedings under Part V.

             (3)  A member of the board is not personally liable for a debt of the board beyond the amount of his or her unpaid dues, fees, fines and penalties owed to the board, but all property of the board shall be held for the payment of the debts of the board.

2012 cP-12.2 s31

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Disclosure of information

      32. (1) The board may disclose information in its possession, including information that identifies the individual to whom it relates, to other bodies having authority to regulate health professionals.

             (2)  The board, the complaints authorization committee and the quality assurance committee shall disclose information in their possession, including

             (a)  information that identifies the individual to whom it relates; and

             (b)  personal health information

for those purposes, in the manner and to those persons prescribed in the regulations.

2012 cP-12.2 s32

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Notices

      33. (1) Notices and documents or copies of notices and documents required for the purpose of this Act to be sent to a person may be sent

             (a)  by mailing them to that person by regular, registered or certified mail at his or her last known address;

             (b)  by e-mailing them to that person at his or her last known e-mail address; or

             (c)  by personal service upon that person.

             (2)  Proof of receipt of the notices, documents or copies by a person referred to in paragraph (1)(a) may be proved by production of the receipt from the Canada Post Office.

             (3)  A notice or demand sent by mail to a person is considered to be received by that person

             (a)  when they actually receive the notice or demand; or

             (b)  except when postal services are not functioning, on the expiry of 10 days after the date the notice or demand was sent,

whichever is earlier.

             (4)  A notice or demand sent by e-mail to the last known e-mail address of a person is considered to be received by that person on the day the e-mail is sent.

2012 cP-12.2 s33

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Compliance with request for information

      34. (1) For the purpose of the administration of the Newfoundland and Labrador Prescription Drug Program, including for the purpose of processing, monitoring, verifying or reimbursing claims for payment under the program and program development and evaluation, and upon the request of an employee of the department authorized by the minister, a pharmacist shall provide the information that the employee requests with respect to prescription drugs prescribed to a resident of the province and received by that resident with the assistance of the Newfoundland and Labrador Prescription Drug Program.

             (2)  An employee of the department authorized to do so by the minister may provide the information obtained under subsection (1) to an agent of the department approved by the minister for the purpose who may use it for the purposes for which it was obtained on behalf of the minister.

             (3)  The information requested under subsection (1) may include

             (a)  prescriptions, patient records, notes and other documents held by the pharmacist; and

             (b)  photocopies of the information referred to in paragraph (a).

             (4)  An action for damages does not lie against a pharmacist or a pharmacy solely because the pharmacist provides the information requested of him or her under subsection (1).

             (5)  A pharmacist is not guilty of professional misconduct solely because that pharmacist provided information requested of him or her under subsection (1).

2012 cP-12.2 s34

PART V
DISCIPLINE

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Definitions

      35. In this Part

             (a)  "allegation" means a written document alleging that a person has engaged in conduct deserving of sanction;

             (b)  "complainant" means a person making an allegation described in section 37;

             (c)  "conduct deserving of sanction" includes

                      (i)  professional misconduct,

                     (ii)  professional incompetence,

                    (iii)  incapacity or unfitness to engage in the practice of pharmacy,

                    (iv)  conduct unbecoming a pharmacist or pharmacy technician, and

                     (v)  acting in breach of this Act, the regulations, or the code of ethics made under section 11;

             (d)  "costs incurred by the board" includes

                      (i)  out of pocket expenses incurred by or on behalf of the board,

                     (ii)  amounts paid by the board to adjudication tribunal members as remuneration and for expenses, and

                    (iii)  the actual cost of legal counsel for the board and the adjudication tribunal;

             (e)  "disciplinary panel" means the panel of persons appointed under section 36 from which the members of an adjudication tribunal are chosen; and

             (f)  "respondent" means a pharmacist, a pharmacy technician or a former pharmacist or pharmacy technician against whom an allegation is made.

2012 cP-12.2 s35

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Committees

      36. (1) The board shall appoint the chairperson, vice-chairperson and members of the complaints authorization committee, and the pharmacists and pharmacy technicians to serve on the disciplinary panel, one of whom shall be appointed the chairperson.

             (2)  The complaints authorization committee shall consist of at least 3 persons, all of whom shall be members of the board, and at least one of whom shall be a member who was appointed to represent the public interest.

             (3)  The registrar is not eligible to be a member of the complaints authorization committee.

             (4)  The disciplinary panel shall consist of not less than

             (a)  10 pharmacists who are not members of the board;

             (b)  one pharmacy technician; and

             (c)  3 persons who are not pharmacists or pharmacy technicians who shall be appointed by the minister to represent the public interest.

             (5)  A member appointed to the disciplinary panel holds office for a term of 3 years and is eligible to be reappointed.

             (6)  Notwithstanding the expiry of his or her term, a member of the disciplinary panel continues to be a member until he or she is re-appointed or his or her replacement is appointed.

             (7)  Members of the disciplinary panel shall serve as a member of the panel without payment for their services, but may be remunerated for service as a member of an adjudication tribunal and paid their travel and other expenses associated with the work of that tribunal by the board, in accordance with and at the rates set by the by-laws.

             (8)  The complaints authorization committee and an adjudication tribunal appointed under section 40 and a person appointed by either of them may summon a respondent or another person and require that the respondent or another person give evidence, orally or in writing, upon oath or affirmation, and produce the documents and things that either of them considers necessary to the full investigation and hearing of an allegation or complaint and shall have the powers, privileges and immunities that are conferred on a commissioner appointed under the Public Inquiries Act, 2006 .

2012 cP-12.2 s36

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Allegation

      37. (1) An allegation shall be in writing and signed by the complainant or his or her solicitor, and filed with the registrar.

             (2)  The registrar may on his or her own motion make an allegation and file it, and the allegation shall have the same effect as an allegation referred to in subsection (1).

             (3)  Where the registrar has been informed that a respondent has been convicted of an offence under the provisions of the Controlled Drugs and Substances Act (Canada), the Criminal Code or a similar penal statute of another country or has been suspended by a governing body of pharmacists or pharmacy technicians in another province or territory of Canada or another territory or country for reason of professional misconduct, conduct unbecoming a pharmacist or pharmacy technician or professional incompetence, the information shall be dealt with by the registrar as an allegation.

             (4)  For the purpose of subsection (3), a certified copy of the record of a conviction or findings made or the action taken by an external regulatory body constitutes proof, in the absence of evidence to the contrary, of the conviction or findings made or the action taken by that body, without proof of the signature of the convicting justice or person purporting to have signed on behalf of that body.

2012 cP-12.2 s37

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Effect of filing allegation

      38. (1) Where it appears to the registrar after notifying the respondent of the allegation that the allegation may be resolved satisfactorily and where the complainant and the respondent consent, the registrar may attempt to resolve the matter.

             (2)  Where the allegation is not satisfactorily resolved by the registrar under subsection (1), the registrar shall refer the allegation and all other allegations to the complaints authorization committee.

             (3)  The registrar shall inform a complainant and a respondent of the referral of the allegation to the complaints authorization committee.

2012 cP-12.2 s38

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Complaints authorization committee

      39. (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 there are no reasonable grounds to believe the respondent has engaged in conduct deserving of sanction, the committee shall dismiss the allegation and give notice in writing of the dismissal to the complainant.

             (3)  Where the complaints authorization committee is of the opinion that there are no reasonable grounds to believe the respondent has engaged in conduct deserving of sanction, the committee may, in dismissing the allegation, direct the respondent with respect to his or her practice, including direction that

             (a)  the respondent comply with a specified provision of the Act or regulations or of a by-law, policy or guideline of the board;

             (b)  the respondent successfully complete a continuing or remedial education program;

             (c)  the respondent complete an assessment of his or her clinical skills and successfully complete a course of studies or clinical experience recommended by the assessment; and

             (d)  provide documentation, information or an explanation in relation to the pharmaceutical care of the complainant or of another person represented by the complainant where the person is deceased or incompetent

and the respondent shall comply with the direction of the committee.

             (4)  The committee may give a person or body it considers appropriate notice of a direction, caution or counsel given under this section, and may specify the time within which the direction, caution or counsel is to be complied with and that the costs of compliance with the direction, caution or counsel shall be borne by the respondent.

             (5)  Where a respondent fails to comply with a direction, caution or counsel of the committee under subsection (3), the registrar may deal with the failure as an allegation.

             (6)  Where the complaints authorization committee is of the opinion that there are reasonable grounds to believe that a respondent has engaged in conduct deserving of sanction, the allegation shall be considered as constituting a complaint, and the committee may

             (a)  counsel or caution the respondent; or

             (b)  instruct the registrar to file the complaint against the respondent and refer it to the disciplinary panel; and

             (c)  suspend or restrict the respondent's registration.  

             (7)  A person conducting an investigation under paragraph (1)(a) or (b) or a practice review under paragraph (1)(c) may require

             (a)  the respondent to

                      (i)  undergo practical and other examinations he or she considers necessary and as arranged by the registrar or the board, and

                     (ii)  permit the registrar or a member of the board or another person appointed by the board to inspect and copy the records of the respondent and other documents relating to the subject matter of the investigation; and

             (b)  another person to permit the registrar or a member of the board or another person appointed by the board to inspect and copy records of the respondent and other documents relating to the subject matter of the investigation held by that person,

and the respondent or other person shall comply.

             (8)  Where the registrar, a member of the board or another person appointed by the board requires that a respondent or other person provide information under subsection (7), that information shall be provided within 7 days of receipt of the request or a different period as specified in the request.

             (9)  An action for damages does not lie against a pharmacist, pharmacy technician or another person to whom a request is made solely because he or she provides information requested of him or her under subsection (7).

          (10)  A complainant whose allegation is dismissed by the complaints authorization committee under subsection (2) may within 30 days after receiving notice of the dismissal appeal the dismissal to the Trial Division by filing a notice of appeal with the court.

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

2012 cP-12.2 s39; 2013 c16 s25

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Adjudication tribunal

      40. (1) For the purpose of dealing with complaints referred to the disciplinary panel, the chairperson of the disciplinary panel shall appoint from it an adjudication tribunal consisting of 3 persons, of whom 2 shall be pharmacists and one shall be a member of the panel appointed to represent the public interest.

             (2)  Notwithstanding subsection (1), where the respondent is a pharmacy technician, the adjudication tribunal shall consist of one person appointed to represent the public interest, one pharmacist and one pharmacy technician where practicable.

             (3)  The chairperson of the disciplinary panel shall appoint one of the pharmacists on an adjudication tribunal to be the chairperson.

             (4)  Notwithstanding the expiry of his or her term, where a member of the adjudication tribunal has commenced a hearing he or she continues to be a member until the hearing is concluded and a decision rendered.

2012 cP-12.2 s40

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Hearing

      41. (1) Where a complaint has been referred under paragraph 39(6)(b), an adjudication tribunal shall hear the complaint.

             (2)  The parties to a hearing are the board and the respondent and a party may be represented by his or her counsel at a hearing.

             (3)  A hearing shall be conducted in public but an adjudication tribunal may exclude the public from a hearing, or from part of it, where it considers the desirability of protecting a party to the complaint or another person against the consequences of possible disclosure of personal matters outweighs the desirability of holding the hearing in public.

2012 cP-12.2 s41

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Copies of books, etc. as evidence

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

             (a)  a member of the complaints authorization committee; or

             (b)  a person authorized under subsection 39(7) to conduct an inspection,

who made the copy or extract under subsection 39(7) is admissible in evidence in an action, proceeding or prosecution, in the absence of evidence to the contrary, as evidence of the original book, record, document or thing and its contents.

2012 cP-12.2 s42

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Guilty plea by respondent

      43. (1) Where a respondent pleads guilty to one or more of the charges set out in a complaint, the adjudication tribunal shall, without calling evidence or hearing witnesses, unless the tribunal believes it is appropriate to do so, hear submissions from the parties.

             (2)  Where a respondent pleads guilty, and following submissions under subsection (1), the adjudication tribunal may

             (a)  reprimand the respondent;

             (b)  order that the respondent be suspended for a fixed period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal;

             (c)  allow or direct the respondent to surrender his or her certificate to the board upon those conditions that may be considered appropriate and, where the respondent's name appears on a register maintained under this Act, strike the respondent's name from the register;

             (d)  impose a fine not to exceed $10,000 to be paid to the board;

             (e)  order that the respondent pay the costs or a part of the costs incurred by the board in the investigation and hearing of the complaint;

             (f)  order that the registrar publish a summary of the decision including the information set out in subsection 45(4) and other information that the tribunal may specify; and

             (g)  order that the respondent comply with one or more of the following:

                      (i)  make restitution to the complainant or other person affected by the conduct of the respondent,

                     (ii)  obtain medical treatment,

                    (iii)  obtain counselling,

                    (iv)  obtain substance abuse counselling or treatment, until the respondent can demonstrate to the board or other body or person designated by the adjudication tribunal that a condition related to substance abuse rendering the respondent incapable or unfit to practise has been overcome,

                     (v)  engage in continuing education programs,

                    (vi)  complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the board or another body or person designated by the adjudication tribunal,

                   (vii)  report on his or her compliance with an order made under this section and authorize others involved with his or her treatment or supervision to report on it,

                  (viii)  restrict his or her professional practice or continue his or her practice under specified conditions,

                    (ix)  permit periodic inspection of his or her practice,

                     (x)  permit periodic inspection of records relating to his or her practice, or

                    (xi)  impose other requirements that are just and reasonable in the circumstances.

             (3)  The costs incurred by the board to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

2012 cP-12.2 s43

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Powers of adjudication tribunal

      44. (1) Upon the hearing of a complaint, an adjudication tribunal shall decide whether or not a respondent is guilty of conduct deserving of sanction.

             (2)  Where an adjudication tribunal decides that a respondent is not guilty, it shall dismiss the complaint and may, where it believes that the submission of the complaint to the tribunal for a hearing was unreasonable,

             (a)  order that those costs that the tribunal considers appropriate be paid by the board to the respondent; and

             (b)  make another order that it considers appropriate.

             (3)  Where an adjudication tribunal decides that a respondent is guilty, it may,

             (a)  reprimand the respondent;

             (b)  order that the respondent be suspended for a fixed period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal;

             (c)  allow or direct the respondent to surrender his or her certificate to the board upon those conditions that may be considered appropriate and, where the respondent's name appears on a register maintained under this Act, strike the respondent's name from the register;

             (d)  impose a fine not to exceed $10,000 to be paid to the board;

             (e)  order that the respondent pay the costs or a part of the costs incurred by the board in the investigation and hearing of the complaint;

             (f)  order that the registrar publish a summary of the decision including the information set out in subsection 45(4) and other information that the tribunal may specify; and

             (g)  order that the respondent comply with one or more of the following:

                      (i)  make restitution to the complainant or other person affected by the conduct of the respondent,

                     (ii)  obtain medical treatment,

                    (iii)  obtain counselling,

                    (iv)  obtain substance abuse counselling or treatment until the respondent can demonstrate to the board or other body or person designated by the adjudication tribunal that a condition related to substance abuse rendering the respondent incapable or unfit to practise has been overcome,

                     (v)  engage in continuing education programs,

                    (vi)  complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the board or another body or person designated by the adjudication tribunal,

                   (vii)  report on his or her compliance with an order made under this section and authorize others involved with his or her treatment or supervision to report on it,

                  (viii)  restrict his or her professional practice or continue his or her practice under specified conditions,

                    (ix)  permit periodic inspection of his or her practice,

                     (x)  permit periodic inspection of records relating to his or her practice, or

                    (xi)  impose other requirements that are just and reasonable in the circumstances.

             (4)  The costs incurred by the board to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

2012 cP-12.2 s44

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Filing and publication of decisions

      45. (1) An adjudication tribunal shall file a decision or order made under subsection 43(2) or 44(3) with the registrar and provide a copy to the complainant and the respondent and the respondent's employer.

             (2)  The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 10 years after the day the decision is filed and shall upon receiving a request to view the disciplinary records in relation to a pharmacist or pharmacy technician permit a person to view a summary of a decision where that pharmacist or pharmacy technician was the respondent, prepared in accordance with subsection (4).

             (3)  The registrar shall publish a summary of a decision or order of an adjudication tribunal in a newspaper of general circulation in or nearest to the community in which the respondent practises within 14 days of the filing of the decision or order, where the decision or order

             (a)  suspends the respondent;

             (b)  allows or directs the respondent to surrender his or her licence;

             (c)  restricts the respondent’s practice;

             (d)  specifies conditions for the continuing practice of the respondent; or

             (e)  requires that a summary of the decision or order be published.

             (4)  Unless a court orders otherwise, the summary of the decision published under subsection (3) shall include

             (a)  the name of the respondent and the address where he or she practises;

             (b)  the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction;

             (c)  the name of the complainant, unless the complainant has requested that his or her name be withheld;

             (d)  the contents of the order in relation to the actions referenced in paragraphs (3)(a) to (d); and

             (e)  other information specified for publication in the decision or order.

             (5)  Where a decision published under this section is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) and (4) apply, with the necessary changes.

             (6)  The registrar may give notice of the decision and information respecting the decision to the other persons the board may direct and shall include a summary of the decision in a certificate of good standing issued in relation to the respondent.

2012 cP-12.2 s45; 2014 c7 s14

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De-registration and suspension

      46. (1) Where a respondent is struck off the register, his or her rights and privileges as a pharmacist or pharmacy technician cease.

             (2)  Where a respondent is suspended, his or her rights and privileges as a pharmacist or pharmacy technician cease for the period of suspension.

             (3)  Where conditions or restrictions have been imposed upon a respondent’s ability to carry on his or her practice, his or her rights and privileges as a pharmacist or pharmacy technician shall be limited to the extent specified by the conditions or restrictions.

2012 cP-12.2 s46

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Failure to comply

      47. (1) On application by the board to the disciplinary panel, an adjudication tribunal may make an order suspending the rights and privileges of a respondent where it determines that the respondent has failed to comply with a decision or an order under this Part.

             (2)  The parties to the application are the board and the respondent.

             (3)  An order of an adjudication tribunal under this section may suspend the rights and privileges of the respondent for a fixed period that the adjudication tribunal may consider appropriate, or until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal.

2012 cP-12.2 s47

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Supplementary hearing

      48. (1) Where a decision or order of the adjudication tribunal

             (a)  suspends the respondent;

             (b)  allows or directs the respondent to surrender his or her licence;

             (c)  restricts the respondent’s practice; or

             (d)  specifies conditions for the continuing practice of the respondent,

and where the respondent alleges that new evidence has become available or a material change in circumstances has occurred since the making of the decision or order, the respondent may apply to the complaints authorization committee for a supplementary hearing to discharge or vary the decision or order based on the new evidence or material change in circumstances.

             (2)  An application under subsection (1) shall be made not more than 90 days after the new evidence becomes available or the material change in circumstances has occurred.

             (3)  Where an application is made to the complaints authorization committee under subsection (1), and the committee is of the opinion that new evidence has become available or that a material change in circumstances has occurred, as alleged by a respondent, the matter shall be referred to an adjudication tribunal as if it were a matter referred under paragraph 39(6)(b) and sections 41 to 46 apply, with the necessary changes, to the referred matter.

             (4)  The chairperson of the disciplinary panel shall, where it is possible and appropriate, appoint to the adjudication tribunal the same persons who constituted the adjudication tribunal that made the decision referred to in subsection (1).

             (5)  The parties to a supplementary hearing under this section are the respondent and the board.

             (6)  For the purpose of this section, in addition to an order that an adjudication tribunal may make under section 44, a tribunal may

             (a)  vary the original decision or order made under section 44; or

             (b)  discharge the original decision or order, with or without conditions.

2012 cP-12.2 s48

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Costs of the board

      49. (1) Where a person who was ordered to pay the costs of the board under paragraph 43(2)(e) or 44(3)(e) fails to pay in the time required, the board may suspend the registration of that person until the costs are paid.

             (2)  Costs ordered to be paid under paragraph 43(2)(e) or 44(3)(e) are a debt due the board and may be recovered by the board by a civil action.

2012 cP-12.2 s49

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Collection of fine

      50. (1) Where an order is made under section 43 or 44 imposing a fine on a respondent, the board may issue a certificate stating the amount of the fine due and remaining unpaid and the name of the person by whom it is payable, and file the certificate with the Trial Division.

             (2) Where a certificate is filed with the Trial Division under subsection (1), it has the same effect and all proceedings may be taken on the certificate as if it were a judgment of the Trial Division for the recovery of the amount stated in the certificate against the person named in the certificate.

             (3)  A person named in a certificate filed under this section may, within 30 days after the certificate is filed, apply to a judge of the Trial Division for a review, on a question of law or jurisdiction, of the certificate.

             (4)  On an application under subsection (3), the judge may make any amendment to the certificate that is necessary to make the certificate accord with the judge’s decision.

             (5)  There is no appeal from a decision of a judge made under this section.

             (6)  A certificate filed under this section may also be filed in the judgment enforcement registry on the expiration of the 30 day period referred to in subsection (3) in accordance with Part III of the Judgment Enforcement Act and be enforced in accordance with that Act.

2012 cP-12.2 s50; 2013 c16 s25

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Appeal to Trial Division

      51. (1) The board or the respondent may, within 30 days after receiving notice of a decision or order of an adjudication tribunal under this Act, appeal the decision or order to the Trial Division by filing a notice of appeal with the court.

             (2)  An appeal under this section does not stay the decision or order being appealed unless the Trial Division orders otherwise.

2012 cP-12.2 s51; 2013 c16 s25

PART VI
QUALITY ASSURANCE

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Quality assurance program

      52. (1) The board shall establish and maintain a quality assurance program to promote high standards of practice within the pharmacy profession.

             (2)  The quality assurance program shall include mandatory continuing education and professional development and shall be designed to promote continuing

             (a)  competence; and

             (b)  quality improvement.

2012 cP-12.2 s52

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Quality assurance committee

      53. (1) The board may appoint a committee known as the quality assurance committee consisting of a number of pharmacists and pharmacy technicians determined by the board and at least one person appointed to the board under subsection 6(1) or (2).

             (2)  The quality assurance committee shall investigate a concern

             (a)  on the referral of a quality assurance issue by

                      (i)  the registrar, or

                     (ii)  the complaints authorization committee; or

             (b)  on its own accord.

             (3)  The quality assurance committee may

             (a)  subpoena records, including patient records;

             (b)  order a pharmacist or pharmacy technician to undergo an evaluation, assessment or examination;

             (c)  order a review of a pharmacist’s or pharmacy technician's practice, including any consequential review of patient records;

             (d)  order periodic or random audits of aspects of a pharmacist’s   or pharmacy technician's practice; and

             (e)  accept an agreement between the board and the pharmacist or pharmacy technician to give effect to matters which could be ordered by the quality assurance committee.

             (4)  Where a pharmacist or pharmacy technician fails to comply with an order made by the quality assurance committee, that committee shall refer that failure to comply as an allegation to the complaints authorization committee.

2012 cP-12.2 s53

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Assessment

      54. (1) The quality assurance committee may appoint persons registered as pharmacists or pharmacy technicians under this Act as assessors for the purpose of the quality assurance program.

             (2)  An assessor may, for the purpose of the quality assurance program

             (a)  enter, without notice and at reasonable times, places where pharmacy is practised to make necessary inspections;

             (b)  inspect that pharmacist’s or pharmacy technician's records of care administered to patients;

             (c)  require from the pharmacist or pharmacy technician information required by the quality assurance committee or the assessor respecting the assessment and care of patients by the pharmacist or pharmacy technician, or his or her records of care administered to patients; and

             (d)  require that that pharmacist or pharmacy technician confer with the quality assurance committee.

             (3)  A pharmacist or pharmacy technician whose standards of practice are the subject of an assessment under the quality assurance program shall cooperate fully with the quality assurance committee and assessors.

             (4)  An assessor may access patient records without the consent of that patient.

             (5)  All records and specific information relating to the quality assurance program or a review or recommendation under it are confidential.

2012 cP-12.2 s54

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Report and compliance

      55. (1) Upon completion of an assessment an assessor shall submit a report of his or her findings to the quality assurance committee and the committee shall review the report and may

             (a)  make no recommendation to the pharmacist or pharmacy technician who has been assessed; or

             (b)  confer with the pharmacist or pharmacy technician assessed and make those remedial recommendations to him or her that the quality assurance committee considers appropriate.

             (2)  The quality assurance committee may

             (a)  direct the pharmacist or pharmacy technician who has been assessed to comply with recommendations made by the committee under subsection (1); and

             (b)  direct that a pharmacist or pharmacy technician be reassessed.

2012 cP-12.2 s55

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Costs

      56. The costs incurred by a pharmacist or pharmacy technician in implementing remedial recommendations of the quality assurance committee shall be paid by that pharmacist or pharmacy technician and shall not be a cost of the quality assurance committee or the board.

2012 cP-12.2 s56

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Termination of review

      57. (1) Where an assessor or a member of the quality assurance committee learns, in the course of a review, that a pharmacist or pharmacy technician may be guilty of conduct deserving of sanction within the meaning of section 35, the assessment shall be terminated, the pharmacist or pharmacy technician shall be advised, and the matter shall be referred to the complaints authorization committee to be dealt with as an allegation.

             (2)  Notwithstanding subsection 54(5), an assessor or a member of a quality assurance committee shall provide all information and documents in its possession relating to the review to the complaints authorization committee.

             (3)  An order of the quality assurance committee issued before it refers a matter to the complaints authorization committee under subsection (1) remains in effect notwithstanding the referral of the matter to the complaints authorization committee.

2012 cP-12.2 s57

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Duty to report

      58. (1) A pharmacist or pharmacy technician who has knowledge, from direct observation or objective evidence, of conduct deserving of sanction of another pharmacist or pharmacy technician shall report the known facts to the registrar.

             (2)  A person who dissolves a partnership with a pharmacist or pharmacy technician based on direct knowledge of the pharmacist’s or pharmacy technician's conduct deserving of sanction shall report the known facts to the registrar.

             (3)  An action shall not be brought against a pharmacist, pharmacy technician, officer, partnership or association for the sole reason that the person, officer, partnership or association complied with this section.

2012 cP-12.2 s58

PART VII
GENERAL

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Regulations

      59. (1) The board may, with the approval of the minister, make regulations

             (a)  respecting the registration of pharmacists, interns, students and pharmacy technicians;

             (b)  prescribing categories of registration;

             (c)  respecting registration and licence renewals;

             (d)  respecting the scope of practice and expansion of the scope of practice of pharmacists and pharmacy technicians;

             (e)  respecting the educational, internship, practical training or other requirements for registration and for the standard of the practice of pharmacy, including provisions for mandatory continuing education of pharmacists and pharmacy technicians;

             (f)  prescribing courses of study, practical training requirements and examinations;

             (g)  prescribing

                      (i)  the tasks within the practice of pharmacy that may be delegated by a pharmacist to a pharmacy student, intern or person within a specified class,

                     (ii)  the characteristics and qualifications of the specified class of persons referred to in subparagraph (i),

                    (iii)  the level of supervision required where delegation is permitted under subparagraph (i), and

                    (iv)  other conditions on the delegation of tasks;

             (h)  respecting the qualifications and other requirements for designation as a pharmacist in charge;

              (i)  prescribing the duties of a pharmacist in charge;

              (j)  respecting the inspection of pharmacies;

             (k)  prescribing, with respect to drugs, drug products and substances

                      (i)  schedules,

                     (ii)  conditions for dispensing and sale,

                    (iii)  concentrations and manner of preparation, and

                    (iv)  control to be exercised by a person;

              (l)  respecting the adoption of schedules enacted under the Food and Drugs Act (Canada ) and the Controlled Drugs and Substances Act (Canada );

           (m)  respecting all aspects of the dispensing, selling, handling and destruction of drugs;

             (n)  respecting the maintenance of prescriptions, prescription copies, records, the use of computers or other technology and the information to be collected and retained by computer or other technology;

             (o)  respecting the transfer of records, prescriptions or other information by facsimile or other technology;

             (p)  respecting the procedure regarding pharmacy closures;

             (q)  respecting telepharmacy;

              (r)  respecting other information which may be required to be included on the website of the board;

             (s)  respecting information required in the annual report;

              (t)  respecting collaborative practice;

             (u)  respecting alternative dispute resolution for the purposes of Part V and the procedure for that resolution;

             (v)  prescribing time limits for events in the disciplinary process under Part V, including time limits for

                      (i)  the filing of an allegation,

                     (ii)  the resolving of an allegation by the registrar,

                    (iii)  the conduct of an investigation under section 39,

                    (iv)  consideration of an allegation by the complaints authorization committee following completion of an investigation,

                     (v)  responding to a complainant and respondent at each stage of the process,

                    (vi)  the conduct of a practice review under paragraph 39(1)(c),

                   (vii)  the appointment of an adjudication tribunal under section 40, and

                  (viii)  the conduct of a hearing and the filing of a decision or order by an adjudication tribunal following completion of the hearing;

            (w)  respecting the quality assurance program referred to in subsection 52(1);

             (x)  the disclosure of information under section 32 , including

                      (i)  the purpose for which information shall be disclosed,

                     (ii)  the manner and time periods in which information shall be disclosed, and

                    (iii)  the persons to whom information shall be disclosed; and

             (y)  generally to give effect to the purpose of this Act.   

             (2)  Notwithstanding subsection (1), the minister may make regulations to prescribe time limits for events in the disciplinary process under Part V where the board does not do so within a time the minister considers reasonable.

2012 cP-12.2 s59

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Contravention

      60. A pharmacist who contravenes Part III of the Pharmaceutical Services Act is considered to have committed professional misconduct for the purpose of Part V of this Act.

2012 cP-12.2 s60

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Actions

      61. An action does not lie against a person by reason only of the prescribing or dispensing of a substitute drug in accordance with Part III of the Pharmaceutical Services Act.

2012 cP-12.2 s61

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Offence and penalties

      62. (1) A person, pharmacist, pharmacy student, intern, pharmacy technician, firm, partnership, corporation or association of persons who contravenes this Act, the regulations or the by-laws commits an offence and is liable on summary conviction

             (a)  for the first offence, to a fine of not more than $2,000 or to imprisonment for a term of not more than 3 months or to both a fine and imprisonment; and

             (b)  for a subsequent offence to a fine of not more than $4,000 or to imprisonment for a term of not more than 6 months or to both a fine and imprisonment.

             (2)  A prosecution under this section shall be commenced within 2 years after the commission of the alleged offence.

2012 cP-12.2 s62

PART VIII
TRANSITIONAL, CONSEQUENTIAL, REPEAL AND COMMENCEMENT

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Transition

      63. (1) The members of the board, the complaints authorization committee and the disciplinary panel elected or appointed under the Pharmacy Act are continued as members until the expiry of their terms.

             (2)  A complaint or discipline proceeding that was started but not concluded before the commencement of this Act shall be concluded under the former Act.

2012 cP-12.2 s63

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SNL2011 cM-4.02 Amdt.

      64. (1) Paragraph 78(2)(c) of the Medical Act, 2011 is repealed and the following substituted:

             (c)  the Pharmacy Act, 2012 ;

             (2)  Subsection 78(3) of the Act is amended by deleting the reference "Pharmacy Act" and substituting the reference "Pharmacy Act, 2012".

2012 cP-12.2 s64

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SNL2008 cP-7.01 Amdt.

      65. (1) Subparagraph 2(1)(j)(xii) of the Personal Health Information Act is repealed and the following substituted:

                   (xii)  Pharmacy Act, 2012,

             (2)  Subparagraph 4(1)(g)(ii) of the Act is amended by deleting the reference "Pharmacy Act" and substituting the reference "Pharmacy Act, 2012".

             (3)  Paragraph 5(1)(h) of the Act is amended by deleting the reference "Pharmacy Act" and substituting the reference "Pharmacy Act, 2012".

2012 cP-12.2 s65

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SNL2006 cP-12.01 Amdt.

      66. (1) Paragraph 2(g) of the Pharmaceutical Services Act is amended by deleting the reference "Pharmacy Act" and substituting the reference "Pharmacy Act, 2012".

             (2)  Paragraph 2(o) of the Act is amended by deleting the reference "Pharmacy Act" and substituting the reference "Pharmacy Act, 2012".

2012 cP-12.2 s66

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SNL1993 cT-4.1 Amdt.

      67. Paragraph 4.1(2)(a) of the Tobacco Control Act is amended by deleting the reference "paragraph 2(n) of the Pharmacy Act" and substituting the reference "paragraph 2(l) of the Pharmacy Act, 2012".

2012 cP-12.2 s67

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SNL1994 cP-12.1 Rep.

      68. The Pharmacy Act is repealed.

2012 cP-12.2 s68

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Commencement

      69. Section 17 comes into force on June 30, 2013 and Part VI comes into force on September 30, 2013.

2012 cP-12.2 s69