Pharmacy Law - Disciplinary and Health Inquiry Flashcards
What are some grounds of complaint against pharmacists?
- Conduct of pharmacist in person’s professional capacity (professional misconduct) s39(1)(a)
- Improper act or conduct which brings disrepute to the profession s39(1)(a)
- Conviction of offence under PRA or drug related legislation s39(1)(b)
- Conviction of fraud or dishonesty or implying a defect in character s39(1)(c)
- Involving physical or mental fitness to practise s39(1 (d)
What is the disciplinary framework for the self-regulation of pharmacists?
Disciplinary and Health Inquiries are directed to:
1. Health Committee (HC)
2. Complaints Panel
3. Interim Orders Committee (IOC)
What are the composition and terms of the Complaints Panel?
Membership
1. Council Members (5) - 3 years term of office, eligible for reappointment
2. Senior Pharmacists (10-40) - Not council member, at least 10 year standing, serve 2-year term, eligible for reappointment
3. Lay persons (6-40) - Not a pharmacist, serve 2 year-term, eligible for reappointment, nominated by Minister
What are the functions of the complaints panel?
Complaints panel consists of:
1. Complaints Committee
2. Disciplinary Committee
- Looks into complaint brought against pharmacist,
- Determines:
(1) if any sanctions or orders is needed against the pharmacist,
(2) if complaint inquiry needs to be referred to DC or HC
What are the composition of the Complaints Committee?
4-member committee:
1) Chairman (Council member)
2) Two Reg Pharmacist (At least one is not council member)
3) Lay Person
What is the function of the Complaints Committee?
- All members present to form a quorum for a CC meeting -s39(11)
- All members have a vote, in an equality of votes, chairman has a casting vote -s39(14)
- Decision or resolution is in writing and signed by all members of committee -s39(11)
- May, at any time before it makes its finding, seek such legal advice as it thinks necessary -s40(6)
What is the determination of the Complaints Committee?
If of view that formal inquiry is not required, it can order
Pharmacist be issued with letter of advice, be warned, complaint or matter be dismissed or other such order as it thinks fit.
If of view that a formal inquiry is necessary, refer to
▪ Disciplinary Committee (DC) -s41(3) or
▪ Health Committee (HC) -s41(2)
Report to the council its findings or orders made -s41(9)
When do pharmacists have the right to appeal against decision of the Complaints Committee?
- If CC determines that no formal inquiry is necessary but issues a written warning or make some other order, pharmacist may, within 30 days, from the date notified of CC’s decision, appeal to the Minister whose decision is final. -s41(6)
- The complainant or informant has 30 days from the date notified of CC’s decision to appeal to the Minister whose decision is final. -s41(7)
What is the composition and function of the Disciplinary Commitee?
Composition:
* Minimum 4 members - s42(1)
* Not less than 3 reg pharm of at least 10 years standing, of which at least 2 shall be from Council -
s42(1)(a)
* Chairman, a reg pharm appointed by Council – s42(8)
* Lay person, an observer, has no voting right and need not be present at every meeting –s42(3)
Function:
Conducts formal inquiry into complaint against pharmacist -s41(3)
What are the determinations of the Disciplinary Committee if a registered pharmacist is convicted?
May exercise one or more of the following:
* Removal of name from appropriate register -s45(2)(a),
* Suspension from appropriate register for not less than 3 months up to 3 years -s45(2)(b),
* Restrict practice for period not exceeding 3 years - s45(2)(c),
* Impose penalty not exceeding $50,000 -s45(2)(d),
* Issue a censure, warning or advice in writing to pharmacist -s45(2)(a & b),
* Require undertaking from pharmacist to abstain from complained conduct -s45(2)(g), or
* Any such order DC considers as appropriate -s45(2)(h).
* DC may also order pharmacist to pay costs incidental to the inquiry before the DC, including costs of any assessor and solicitor appointed by Council -s45(6)&(9)
When does the Disciplinary Committee refer the registered pharmacist to the Health Committee?
- If during the inquiry, DC finds that the matter touches on pharmacist’s physical and mental condition, DC can refer matter to the HC -s44(1)
- If HC is of opinion that fitness of the pharmacist is an issue, it proceeds to handle the case -s44(3). The DC shall cease to function in relation to the case.
When does a registered pharmacist have the right to appeal against the Disciplinary Committee’s decision?
- Any person aggrieved by a decision of the DC may, within 30 days after notice of the order served on him, can appeal to the High Court against the order -s47(1)
- The High Court’s decision is final -s47(2)
What is the composition of the Health Committee?
- Not less than 3 council members
- 2 year term, appointed by Council, eligible for reappointment - s50
- Determine physical & mental fitness of pharmacist to practise
What is the function of the Health Committee?
- Look into inquiries relating to physical & mental fitness of pharmacist to practise
- Comprises not less than 3 council members, appointed by the Council, to inquire into any cases referred to this committee.
- Received inquiry cases from Complaints Panel, CC or DC
- Each member serves a 2-year term, can be reappointed
What are the determinations of the Health Committee?
If fitness of pharmacist to practise is found impaired because of physical or mental condition, HC may exercise one or more of following:
- Order pharmacist to pay costs and expenses of and incidental to inquiry -s51(a)
- Order suspension not exceeding 12 months -s51(b)
- Order conditional registration for not more than 3 years upon compliance with certain terms -s51(c)
- Be removed from appropriate register -s51(d)
