PRA 3

Question 1

How are complains made?

Answer 1

In writing to SPC.

Can be from MOP (with statutory declaration) or public officer/SPC officer

Question 2

Various committees / panel for complains management

Answer 2

1. Complaints Panel
2. Complaints Committee
3. Disciplinary Committee
4. Health Committee
5. Interims Order Committee

Question 3

Constitution of Complaints Panel (CP)

Answer 3

• at least 5 members from SPC
• 6-40 lay person
• 10-40 registered pharmacist not from SPC
• total 21-90 ppl
• chairman from SPC, appointed by SPC, eligible for reappointment after 3 years of term
• lay person appointed by the minister, eligible for reappointment after 2 years of term
• registered pharmacist w at least 10 years of experience, eligible for reappointment after 2 years of term

Question 4

Constitution of Complaints Committee (CC)

Answer 4

• 4 membered committee made up from CP
• 2 registered pharmacist, at least 1 not from SPC
• 1 chairman, SPC member
• 1 lay person

Question 5

Functions of CC

Answer 5

• 3 months given to complete inquiry
• may call on pharmacist to answer any allegation made against him and he have to reply within 21 days
• pharmacist does not have the right to be heard unless allowed by CC at its discretion
• if formal inquiry not necessary, CC can determine the punishment for the pharmacist, otherwise can direct them to DC or HC

Question 6

Right to appeal after decision made by CC

Answer 6

• can appeal to the minister within 30 days from date of order
• the final decision is made by the minister

Question 7

Constitution of Disciplinary Committee (DC)

Answer 7

• at least 4 members
• at least 3 registered pharmacists with at least 10 years standing, at least 2 from SPC
• 1 chairman, a registered pharmacist, appointed by the council
• 1 lay person

Question 8

Functions of DC

Answer 8

• involves detailed representations by SPC and the pharmacist, hence require the appearance of pharmacist (by person or represented by counsel)
• make findings within 6 months from its date of appointment
• determine the punishment for the pharmacist
• may order the pharmacist to pay for the cost incidental to the inquiry including the cost of any assessor and solicitor
• if case relates to the health and physical condition of the pharmacist, DC can refer the case to HC

Question 9

Right to appeal after decision made by DC

Answer 9

• can appeal to the High Court within 30 days from the date of notice
• decision by High Court is final

Question 10

Constitution of Health Committee (HC)

Answer 10

• at least 3 council members
• eligible for reappointment after 2 years of term
• may order the pharmacist to pay for the cost incidental to the inquiry

Question 11

Right to appeal after decision made by HC

Answer 11

• can appeal to the minister within 30 days from the date of notice
• decision by minister is final

Question 12

Constitution of Interims Order Committee (IOC)

Answer 12

• 3 council members, not in DC or HC

- fixed term or can be formed when needed

Question 13

Functions of IOC

Answer 13

• determine if a pharmacist needs to be suspended to protect the public or in public’s interest

Question 14

Right to appeal after decision made by IOC

Answer 14

• can appeal to the high court within 30 days from the date of notice