PRA 3 - discipline

Question 1

composition of the complaints panel

Answer 1

council members
- at least 5
- term according to their council term aka 3 yrs
eligible for reappointment

senior pharmacists
- 10-40
- senior reg pharmacists, not council members, 10 yr working experience
2 yr term can reappoint

lay persons ( for natural justice )

• not pharmacist , at least 6 not more than 40
• 2 yr term can reappoint
• nominated by minister

chairman of complaints panel appointed by the council

Question 2

total no of people in the CP

Answer 2

21-90
- varying so the council can decide how many and usually based on the number of complaints seen
if little then some may not even be activated

Question 3

what happens when a complaint is made

Answer 3

complaint goes to chairperson of the CP

from there CC is formed or DC if there is a need to investigate

Question 4

composition of the cc

Answer 4

4 member commitee from the CP

• chariman
• 2 reg pharmacist , at least one not a council member
• 1 lay person

Question 5

func of the cc

Answer 5

looks into the complaint
determine if sanctions or orders needed
determine if inquiry needed - then refer to DC OR HC

Question 6

how many needed to form CC quorum

Answer 6

all 4 must be present
chairpersn
2 reg pharm , 1 at least not council member
1 lay person

Question 7

voting in the cc

Answer 7

voting all have a vote
chairman has casting vote if there is a tie
- decision or resolution is in writing an d signed by all e
members of the committee
- may seek legal advice at any point if necessary

Question 8

inquiry by the cc to be completed in

Answer 8

3 months

can apply to the chairman of cp in writing if an extension is needed

Question 9

during the inquiry period the cc can

Answer 9

• call upon or appoint anyone it considers necessary to assist in investigation or deliberation
• require production of doci,emt or records related to subject matter
• require reg pharmacist to give all info required
  eg records or documents o rbook

Question 10

what can the cc do with the allegations made against the pharm in qn

Answer 10

cc may call on the reg pharm to answer ( in writing ) any allgeations made against him

• serve on him copies of complaint and statutory declaration or affidavit made in support of the complaint
• invite written explanation in not less than 21 days
• cc decides if it wants to hear the pharmacist in person

Question 11

if CC decides formal inquiry not needed what can it do

if formal inquiry needed

and what must cc do during all this

Answer 11

section 41

• issue letter of advice
• warn
• dimiss matter
• any order deem fit

if need inquiry - can refer to dc or hc

must report findings and orders made to the council

Question 12

if cc decides no formal inquiry needed but issues written warning or makes another order ?

Answer 12

pharmacist may within 30 days from the date notified, appeal to the minister whose decision is final

during the process the complainant is informed of all decisions and
complainant or informant has 30 days from the date notified of cc’s decision to appeal to minister whos decision is final

Question 13

dc composition

and func

Answer 13

section 42
min 4 members from the complaints panel
- not less than 3 reg pharm of 10 yrs standing
of which at least 2 shall be from the council
chairman is a reg pharm appointed by council
lay person , observer with no voting rights
and need not be present at every meeting

func - conduct formal inquiry into the complaint

Question 14

DC proceedings and duration given

Answer 14

like quasi-court

• detailed representations by both council and pharmacist, counsel or lawyer to represent SPC in bringing chargest against the pharmacist
  and pharmacist also represented by counsel or lawyer
  reg pharmacist can appear in person or be represented by counsel

any person giving evidence before a dc is legally bound to tell the truth

dc needs to make its findings and order wihin 6 months from its date of appointment
and may apply to council for extension if needed

Question 15

DC possible decisions which section

Answer 15

section 45

• removal of name from register
• suspend for 3 months to 3 yrs
• restrict for 3 yrs max
• impose penalty max of 50 k
• issue warning or advice in writng
• tell pharmacist to abstain from complained conduct
• any such order
• order pharmacist to pay costs incidental to inquiry including cost of assessor or solicitor

Question 16

can dc refer to hc and what happens if it does

Answer 16

yes

hc takes over and dc ceases to handle the case

Question 17

any person aggrieved by a decision of the dc __

Answer 17

can appeal to high court against the order within 30 days after notice served on him

high court decision is final

Question 18

HC composition

Answer 18

not less than 3 council members
2 yr term appiinted by council can reappoint

func - determine physcial and mental wellness to practice

Question 19

determinations of hc

Answer 19

section 51

• if found that finess to practise if impaired can
• order pharmt o pay cost and expensed
• order suspensio of 12 months max
• conditional registration max 3 yrs upon compliance with certain terms eg undergoing treatment
• remove from register
• any order or variation of conditions imposed by an order for restrictied registractiom made by HC shall take effect from date of order unless minister states otherwise

Question 20

any person aggrieved by the HC order may

Answer 20

appeal to the minister within 30 days of the service of such notification , minister decision is final

Question 21

IOC composition

Answer 21

3 councikl members 
fixed term ( 3 yrs )  or formed when needed 

func - determine if pharm need to be suspended to protect public or public interest

Question 22

members of the IOC mus tbe

Answer 22

wholly independant from the cc and dc

must not be influenced

Question 23

how can the ioc be appointed

Answer 23

appointed for 1 or more matters or for a fixed period of time

Question 24

ioc hearing

Answer 24

reg pharm may appear in peron or be represented by a counsel

Question 25

ioc determinations

Answer 25

section 54 1 a& b

by majority of votes

• suspensions ex 18 months
• conditional registration max 18 months

notification served immediately by the registar

Question 26

if pharmacist aggreived by the ioc decision they can

Answer 26

make application to the high court to

• revoke suspension order
• revoke any condition imposed by an oc order
• substitute for period states in all orders by the ioc

Question 27

grounds of complaints against pharmacists

Answer 27

professional misconduct - person’s professional capacity
improper act or conduct bringing disrepute to the profession
conviction of offence under PRA or drug related legislation
conviction of fraud or dishonesty or implying defect in character
involving physical or mental fitness to practise

Question 28

how are complaints made

Answer 28

in writing supported with statutory declaration
( not needed if made by a public officer or officer of SPC )
even if u call spc they will recommend to bring it up in writing

Question 29

how can complaints be initiated by spc, under what grounds

Answer 29

refer the complaint or information on conviction of offence implying defect in character
refer information on conviction of offence in sg or elsewhere
refer contravention in using title of pharmacist or pharmacist specialist