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3150 stuff > Disciplinary and Health Inquiries > Flashcards

Disciplinary and Health Inquiries Flashcards

1
Q

What are the grounds of complaints against pharmacists?

A
  • Conduct of pharmacist in person’s professional capacity (professional misconduct)
  • Improper act or conduct which brings disrepute to the profession
  • Conviction of offense under PRA or drug-related legislation
  • Conviction of fraud or dishonesty or implying a defect in character
  • Involving physical or mental fitness to practice
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2
Q

How are complaints against pharmacists made by the public?

A
  • In writing
  • Supported with statutory declaration (sign and swear in front of CFO) *this is not needed for public officer or officer of SPC
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3
Q

Can complaints be made by SPC?

If yes, how?

A

Yes, SPC can:

  • refer the complaint or information on conviction of offense implying defect in character (e.g., stealing, tax evasion)
  • refer information on conviction of offence in Singapore or elsewhere
  • refer contravention in using title of pharmacist or pharmacist specialist
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4
Q

Composition of the Complaints Panel

A
  • at least 5 members of the Council
  • 10-40 registered senior pharmacist of at least 10 years standing who are NOT members of the Council
  • 6-40 lay persons nominated by the Minister

Total: 21-90

*A CP chairman is drawn from council members in the panel, appointed by the council

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5
Q

Term of office of the Complaints Panel

A

Council members: 3 years (at the end of member’s term of office)

Non-council members: 2 years

*All eligible for reappointment

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6
Q

What does the Complaints Panel do?

A

The complaints panel forms the complaints committee + disciplinary committee

Any complaints relating to professional misconduct, improper act, or conduct that brings disrepute to the profession are referred to chairman of complaints panel

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7
Q

Composition of complaints committee

A

1 CC Chairperson (council member)

2 registered pharmacists (at least one must not be a member of the council)

1 layperson

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8
Q

Explain the functioning of the CC

  • Quorum
A
  • All 4 members must be present to form a quorum for a CC meeting
  • All members have a vote, chairman has casting vote in the event of equality of votes
  • May seek legal advice as necessary
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9
Q

Explain the functioning of the CC

Decision/Resolution

A
  • Decision or resolution is in WRITING and SIGNED by all members of the committee
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10
Q

Explain the functioning of the CC

  • By when should the decision be made?
  • How can extension be granted?
A
  • Within 3 months
  • For extension, may apply in writing to the chairman of the complaints panel
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11
Q

Explain the functioning of the CC

What is the CC allowed to request to aid in its decision?

A
  • May call upon or appoint any person necessary to assist in investigation
  • May require production of document or record related to subject matter
  • May require reg pharmacist to give all information related to any such book, document, or record
  • May call on reg pharmacist to answer (IN WRITING ONLY) any allegations made against him
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12
Q

Explain the functioning of the CC

If reg pharmacist is called upon to write about the allegations, what must be provided to him/her, and how long is he/her given to respond?

A
  • Must serve on him copies of complaint and statutory declaration or affidavit made in support of complaint
  • Invite written explanation giving period of not less than 21 days (means must give him at least 21 days)
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13
Q

Determinations of the CC

*CC must report to the council its findings or orders made

A
  1. If any sanctions or orders is needed against the pharmacist
  • If formal inquiry not required, pharmacist is issued with letter of advice / warning
  1. If complaint inquiry needs to be referred to DC or HC
  • If formal inquiry necessary, pharmacist referred to DC or HC
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14
Q

Explain the right to appeal against decision of CC

A

If no formal inquiry necessary, but written warning issued, pharmacist may appeal to the Minister within 30 days from date notified of CC decision

Complainant also has 30 days from date notified of CC decision to appeal to the Minister

Minister decision is final

=> means if formal inquiry necessary, no appeal can be made as would be referred to DC/HC

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15
Q

Composition of Disciplinary Committee

A

Minimum 4 members

  • 1 DC chairman (appointed by council)
  • Not less than 3 registered pharmacist of at least 10 year standing (at least 2 from council)
  • 1 lay person (no voting rights, need not be present at meetings)
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16
Q

What does the DC do?

A

Conduct formal inquiry into complaint against pharmacist

17
Q

Explain the proceedings of a formal inquiry referred to the DC

A
  • Involve detailed representations by BOTH the council and the pharmacist (the pharmacist may appear in person or be represented by counsel)
  • Any person giving evidence before a DC is legally bound to tell the truth
18
Q

Explain the functioning of the DC

  • By when should the decision be made?
  • How can extension be granted?
A
  • Within 6 months from date of appointment
  • Extension can be granted by applying to the council
19
Q

Determinations of the DC

A

If pharmacist is convicted, may:

  • remove name from register
  • suspension from register for 3 months, up to 3 years
  • restrict practice for up to 3 years
  • impose penalty up to $50,000
  • issue a censure, warning, or advice in writing to the pharmacist
  • require undertaking from pharmacist to abstain from complained conduct
  • DC may also order pharmacist to pay costs incidental to the inquiry before the DC, including costs of any assessor and solicitor appointed by the Council
20
Q

Explain the right to appeal against decision of DC

A

Any person aggrieved by DC decision, may within 30 days after notice of order is served, appeal to the High Court against the order

High Court decision is final

21
Q

In what case may DC refer to HC?

A

If during inquir, C finds that the matter touches on pharmacist physical and mental condition

22
Q

Composition of the Health Committee

A

At least 3 members

  • not less than 3 council members
23
Q

Term of the HC members

Who are they appointed by?

A

2 year term

Appointed by the council
Eligible for reappointment

24
Q

Functioning of the HC

A
  • Look into inquries relating to the physical and mental fitness of pharmacist to practice
  • Receive inquiry cases from CP, CC, or DC
25
Q

Determinations of the HC

A

If impaired fitness to practise,

  • May order pharmacist to pay costs and expenses of and incidental to inquiry
  • May order suspension up to 12 months
  • Order conditional registration for up to 3 years upon compliance with certain terms
  • May remove from appropriate registrar

*Any order or any variation of conditions imposed by an order for restricted registration made by HC shall take effect from date of Order unless the Minister decides otherwise

26
Q

Explain the right to appeal against decision of HC

A

Any person aggrieved by HC order, may within 30 days after service of notification, appeal to the Minister

Minister decision is final

27
Q

Composition of interim orders committee

A
  • 3 council members
  • may be fixed term or formed when needed
  • members must be wholly independent from CC or DC
28
Q

What does the IOC do?

A

Determine if pharmacist needs to be suspended to protect the public or in public interest

  • receive referral of complaints from chairman of CP/DC/CC/HC
29
Q

Right of hearing (IOC)

A

Registered pharmacist may appear before IOC or be represented by counsel

30
Q

Determinations of IOC

A
  • Decision determined by a majority of votes
  • Suspension from register up to 18 months
  • Conditional registration up to 18 months
  • Notification is served immediately by Registrar
31
Q

Explain the right to appeal against decision of IOC

A

If pharmacist aggrieved by IOC decision, may make an application to the High Court to:

  • Revoke suspension
  • Revoke or vary any condition imposed by an IOC order
  • Substitute for period stated in all orders by the IOC
32
Q

Explain the process of complaints

A

CP => CC => DC

*At any point of time, may refer to HC or IOC as necessary

3150 stuff (4 decks)

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