Pharmacy Practice Regulations, 1998 (LI 1645) Flashcards
What constitutes Professional Misconduct?
Professional misconduct is when a practitioner registered under part 4 of the HPRB Act 2013 (Act 857) conducts themselves in any manner that contravenes the part or any regulations of the regulatory body.
Give 5 examples of professional misconduct
- Permits an unqualified person to dispense restricted medicines from his licensed premises.
- Convicted of a criminal offence (dishonesty or fraud).
- Dispensing medicine under the influence of alcohol/drugs.
- Colludes with any other health worker for financial gain or other benefit to the detriment of any person.
- Commits any other act or omission that may be specified from time to time as professional misconduct.
What are the four additional regulations?
- Receiving salaries or remunerations without fulfilling the obligation of providing professional services to employers.
- Hanging of Pharmacist’s certificate of registration for a fee as a registered/superintendent Pharmacist without physical presence.
- Taking money from employers or persons in retrospect for a period when one was not the superintendent pharmacist and/or when the facility was not in existence.
- Misrepresentation of facts, personal or business information, providing false information to the Council.
What is the disciplinary procedure for Professional Misconduct?
• Complaint → Registrar → Council → Disciplinary Committee
• Registrar should, within 7 days, serve the pharmacist
- The board invite pharmacist to submit in writing to the DC an explanation within 30 days of receipt of complaint by pharmacist.
• DC examines the explanation to determine if enquiry is necessary.
What is the composition of the DC?
(a) the President of the PSGH;
(b) the Director of Pharmaceutical Services of the Ministry of Health;
(c) the Principal state attorney on the Board;
(d) the Dean of the Faculty of Pharmacy, University of Science and Technology, Kumasi; and
(e) a pharmacist elected by the Council from among its members.
Disciplinary procedure for Professional Misconduct?
- The Pharmacist, complainant or any other person of assistance may be summoned
- A person summoned may be required to produce any document or material
- The person cannot be compelled to produce what he cannot be compelled to produce in a court
When may disciplinary actions be taken?
Disciplinary action is taken only as a result of an enquiry
• Complaint/Information
a) Convicted of an offence (Act 489)
b) Convicted of an offence relating to pharmacy & imprisoned
c) Guilty of professional misconduct or breach of professional standards.
Disciplinary procedure
During the enquiry,
- The DC shall administer an oath
- The Pharmacist shall be examined on oath & may be cross-examined by any other person appearing
- The pharmacist or other persons appearing may do so with a lawyer or other expert
- If the person fails to appear but submitted an explanation, the enquiry may proceed
- Proceedings shall be formally recorded
Disciplinary procedure
• If the pharmacist fails to submit an explanation
- Without reasonable cause and service of notice confirmed,
- Above information is brought to the notice of DC and they (DC) considers the complaint & makes recommendation(s) to Council
On Conclusion of enquiry by the DC, how is a decision made?
- Decisions shall be determined by a simple majority
- DC shall submit to Council
• A record of the enquiry
• Its recommendations on penalty, if any.
The council may;
- Accept recommendations
- Remit the recommendations to DC for further consideration
- Modify the recommendations
What sanctions can a pharmacist face if found guilty?
a) Cancellation of registration
b) Suspension of registration
c) Payment of a fine; not exceeding GH$5,000.00
d) A reprimand
e) Payment of all costs expended on the enquiry.
When may the registration be suspended?
- Where an offence or allegation of misconduct in relation to the practitioner is being investigated
- Where a false declaration has been made in an application for registration by the practitioner
- When the pharmacist or pharmaceutical support staff has contravened a provision of this Part
⛔Registration shall not be suspended unless the Board has given the practitioner at least 30 days’ notice of its intention to suspend the registration and has provided the practitioner an opportunity to make a representation to the Board
What may warrant cancellation of registration?
Where the practitioner:
- Is convicted of an offence under this Part or the Regulations
- Has lost the qualification on the basis of which the registration was made
- Is sentenced to a prison term for a criminal offence
- Fails to comply with the penalty imposed by the Council after due process
⛔ Registration shall not be cancelled unless the Board has given the practitioner at least thirty days’ notice of its intention to cancel the registration
What procedure is involved in cancellation or suspension of registration?
- The Pharmacist is to be served a notice requiring him to deliver certificate within 21 days of service
- The registrar publishes in the Gazette a notice that said pharmacist has been suspended
- In case of cancellation, the Registrar deletes the name from the Register of Pharmacists
- On expiration of the suspension the Certificate is returned to the pharmacist & a publication is made in the Gazette
