(a) "association" means the Newfoundland Pharmaceutical Association continued under section 4;

(b) "certificate" means a certificate of registration issued under section 18;

(c) "committee", with the exception of section 13, means the discipline committee established under Part IV;

(d) "council" means the council of the association established under section 11;

(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) "former Act" means the Pharmaceutical Association Act;

(h) "hospital" means hospital as defined in the Hospitals Act;

(i) "investigated person" means a pharmacist, pharmacy student and a retail or hospital pharmacy subjected to an inquiry or investigation under Part IV and includes a person referred to in subsection 35(2);

(j) "licence" means a licence issued under section 25;

(k) "member", except in subsections 11(5) and 12(1), means a member of the association;

(l) "minister" means the Minister of Health;

(m) "pharmacist" means a person registered under section 21 of this Act;

(n) "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 drugs are prepared, compounded, dispensed or sold or where the practice of pharmacy is carried out;

(o) "practice of pharmacy" means

(p) "prescription" means an instruction given orally or in writing by

directing that a drug be dispensed to or for a person or animal;

(q) "secretary-registrar" means the secretary-registrar appointed under section 11; and

(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.

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

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

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

(d) the sale of a proprietary medicine, as defined in Division 10 of the regulations under the Food and Drug Act (Canada).

(a) to establish and maintain standards of professional conduct, knowledge, education, qualification, skill and ethics among its members;

(b) to assure to the general public proficiency and competency regarding the practice of pharmacy;

(c) to regulate and govern members and the practice of pharmacy;

(d) to establish, maintain and develop standards for the operation of pharmacies;

(e) to administer this Act and perform duties and exercise powers which may be imposed or conferred on the association;

(f) to serve and protect the public interest in all matters relating to the sale of drugs and the practice of pharmacy;

(g) to improve pharmaceutical service and education in the province; and

(h) to advance and protect the purpose of the association and the profession of pharmacy in the province.

(a) acquire and hold real and personal property by way of purchase, lease, grant, hire, exchange or otherwise and dispose of that property by any means;

(b) borrow money and give security by way of mortgage, pledge, charge or otherwise for borrowed money in order to carry out the objects of the association;

(c) invest money of the association in investments that trustees are authorized to invest in the province for the benefit of the association;

(d) apply money or income of the association to carry out the objects and powers of the association;

(e) determine and collect fees, receive donations or bequests or make gifts or donations for the promotion of the association;

(f) establish and administer funds to provide scholarships, fellowships or bursaries to assist members in education and research relating to pharmacy;

(g) provide accommodation for a library, pharmaceutical museum or specimen room for use by members and other purpose of the association;

(h) in accordance with Part IV of this Act provide for the governing and discipline of persons practising pharmacy in the province;

(i) establish and maintain a register of members entitled to practise pharmacy under this Act;

(j) assess existing and develop new education standards and specify the education, training and experience required to obtain and continue registration under this Act;

(k) enter into agreements, negotiate or meet with a person, association, agency or group where it considers it is necessary for the carrying out of the objects of the association; and

(l) subject to Part IV, inquire into the practice of pharmacy by a member or student and inquire into other matters that the association considers necessary in connection with the exercise of its powers and the performance of its duties in relation to competence in the practice of pharmacy under this Act.

(a) respecting membership or other fees and levies payable to the association and the manner of collecting those fees or levies;

(b) respecting a code of ethics which may include a definition of professional misconduct and methods of advertising advisable for pharmacists and pharmacies;

(c) respecting registers of members and the information to be maintained on those registers;

(d) respecting the information to be provided and maintained on registers of corporations, partnerships or individuals carrying out a pharmacy business;

(e) respecting the registration of pharmacy students;

(f) respecting the educational, internship, practical training or other requirements necessary for registration and the standard of the practice of pharmacy in the province including provisions for mandatory continuing education of members;

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

(h) prescribing courses of study and examinations;

(i) respecting the appointment and definition of duties of examiners;

(j) respecting the issuance and term of certificates and licences;

(k) respecting forms and information required for registration or licensing;

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

(m) respecting the adoption of schedules enacted under the Food and Drugs Act (Canada) and the Narcotic Control Act (Canada);

(n) respecting disciplinary matters, the establishment of a discipline committee and the practice of pharmacy generally;

(o) respecting information to be given to persons under subsections 39(3) and 41(2);

(p) respecting the payment of expenses under subsection 49(1);

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

(r) respecting the transfer of records, prescriptions or other information by facsimile process;

(s) respecting the destruction of drugs or medicines; and

(t) generally to give effect to the provisions of this Act.

(a) registered and in good standing as a pharmaceutical chemist under the former Act;

(b) who holds a Bachelor of Science Degree in Pharmacy from Memorial University of Newfoundland and possesses a certificate, gained by examination, from the Pharmacy Examining Board of Canada; or

(c) who has graduated from a Faculty of Pharmacy approved by the council and possesses a certificate, gained by examination, from the Pharmacy Examining Board of Canada

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

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

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

(d) hold himself or herself out, conduct himself or herself in a manner or wear or use clothing or 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.

(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 a pharmacy student registered under this Act to dispense a prescription or prepare or compound drugs;

(c) sell or distribute drugs by means of mechanical vending machines;

(d) sell or distribute a substance or drug referred to in the regulations unless in full compliance with this Act; and

(e) operate a depot for the purpose of delivering to or picking up by the public, a drug, unless that place is a licensed pharmacy.

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

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

(a) notify the association of that cessation;

(b) return to the association the existing pharmacy licence of that pharmacy;

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

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

(e) ensure that he or she retains safe possession of files containing prescriptions for narcotic or controlled drugs;

(f) deliver all other prescription files to another licensed pharmacy or to the association; and

(g) upon request provide copies of prescriptions delivered under paragraph (f) to persons or agents of persons who presented the original prescription.

(a) require the investigated person to produce prescriptions, samples, drug inventory, reports, books, papers or other documents or records in the investigated person's possession or under his or her control;

(b) make copies of the documents or records that are produced;

(c) question and obtain further particulars from persons or the investigated person relating to the complaint; and

(d) enter and search a retail or hospital pharmacy, or the premises where that pharmacy is located, for the purpose of paragraphs (a), (b) and (c).

(a) the complaint is frivolous or vexatious;

(b) there is insufficient evidence of unskilled practice of pharmacy; or

(c) there is insufficient evidence of unprofessional conduct.

(a) is detrimental to the best interest of the public;

(b) contravenes a code of ethics of the pharmacy profession established under the regulations; or

(c) displays a lack of knowledge, skill or judgment in the practice of pharmacy or in the carrying out of a duty or obligation undertaken in that practice

(a) reprimand the investigated person;

(b) suspend the certificate or licence or both of the investigated person for a specified period;

(c) suspend or further suspend the investigated person until a fine imposed under this section has been paid;

(d) suspend the certificate or licence or both of the investigated person until

(e) accept in place of a suspension the undertaking of the investigated person to limit his or her practice of pharmacy;

(f) impose upon the investigated person a fine not to exceed a sum fixed by the regulations;

(g) impose conditions on the investigated person carrying out the practice of pharmacy, including conditions that the investigated person

(h) direct the investigated person to pass a course of study or satisfy the council of his or her practical competence;

(i) cancel the certificate or licence of the investigated person;

(j) direct the investigated person to waive, reduce or repay a fee for services rendered by the investigated person that in the opinion of the council was improperly rendered;

(k) refuse an investigated person who is a student admission to examinations and registration for a fixed period or otherwise; and

(l) make another order that the council considers appropriate in the circumstances.

(a) quash, confirm or vary the order or decision of the discipline committee or a part of it; and

(b) refer the matter back to the discipline committee for further consideration.

(a) the drug to be substituted is listed in the formulary as a drug that may be used interchangeably with the drug prescribed; and

(b) the drug to be substituted is less expensive than the drug prescribed.

(a) drugs that may be used interchangeably with other drugs; and

(b) maximum prices to be charged for drugs listed in the formulary.

(a) for the 1st 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.