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Statutes of Newfoundland and Labrador 2005


CHAPTER 42

AN ACT TO AMEND THE PHARMACY ACT

(Assented to December 13, 2005)

Analysis


        1.   S.9 Amdt.
By-laws

        2.   S.21 Amdt.
Registration of pharmacists

        3.   S.36 Amdt.
Committees

        4.   S.37 Amdt.
Allegation

        5.   S.39 Amdt.
Complaints authorization committee

        6.   S.41 Amdt.
Hearing

         7   S.41.1 Added
Copies of books, etc. as
evidence

        8.   S.42 Amdt.
Guilty plea by respondent

        9.   S.43 Amdt.
Powers of adjudication
tribunal


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL1994 cP-12-1 as amended

        1. Paragraph 9(1)(h) of the Pharmacy Act is repealed.

 

        2. Paragraph 21(2)(f) of the Act is amended by striking out the word "association" and replacing it with the word "board".

 

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 Subsection 36(9) of the Act is repealed and the following substituted:

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

 

        4. The Act is amended by adding immediately after subsection 37(3) the following:

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

 

        5. The Act is amended by adding immediately after subsection 39(8) the following:

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

 

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 Subsection 41(2) of the Act is repealed.

 

        7. The Act is amended by adding immediately after section 41 the following:

Copies of books, etc. as evidence

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

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

             (b)  a person authorized under subsection 39(4) to conduct an inspection,

who made the copy or extract under subsection 39(4) is admissible in evidence in an action, proceeding or prosecution, in the absence of evidence to the contrary, as evidence of the original book, record, document or thing and its contents.

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

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

             (a)  reprimand the respondent;

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

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

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

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

              (f)  order that the secretary-registrar publish a summary of the decision including the information set out in subsection 44(4) and other information that the tribunal may specify; and

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

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

                     (ii)  obtain medical treatment,

                    (iii)  obtain counselling,

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

                     (v)  engage in continuing education programs,

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

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

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

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

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

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

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

 

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

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

             (a)  reprimand the respondent,

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

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

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

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

              (f)  order that the secretary-registrar publish a summary of the decision including the information set out in subsection 44(4) and other information that the tribunal may specify; and

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

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

                     (ii)  obtain medical treatment,

                    (iii)  obtain counselling,

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

                     (v)  engage in continuing education programs,

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

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

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

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

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

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

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