PRA 3 - discipline Flashcards
- disciplinary framework for the self -regulation of pharmacists - composition, terms and functions of the complaint panel - composition functions and determinations of the CC , DD AND HC AND IOC
composition of the complaints panel
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
total no of people in the CP
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
what happens when a complaint is made
complaint goes to chairperson of the CP
from there CC is formed or DC if there is a need to investigate
composition of the cc
4 member commitee from the CP
- chariman
- 2 reg pharmacist , at least one not a council member
- 1 lay person
func of the cc
looks into the complaint
determine if sanctions or orders needed
determine if inquiry needed - then refer to DC OR HC
how many needed to form CC quorum
all 4 must be present
chairpersn
2 reg pharm , 1 at least not council member
1 lay person
voting in the cc
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
inquiry by the cc to be completed in
3 months
can apply to the chairman of cp in writing if an extension is needed
during the inquiry period the cc can
- 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
what can the cc do with the allegations made against the pharm in qn
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
if CC decides formal inquiry not needed what can it do
if formal inquiry needed
and what must cc do during all this
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
if cc decides no formal inquiry needed but issues written warning or makes another order ?
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
dc composition
and func
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
DC proceedings and duration given
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
DC possible decisions which section
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
can dc refer to hc and what happens if it does
yes
hc takes over and dc ceases to handle the case
any person aggrieved by a decision of the dc __
can appeal to high court against the order within 30 days after notice served on him
high court decision is final
HC composition
not less than 3 council members
2 yr term appiinted by council can reappoint
func - determine physcial and mental wellness to practice
determinations of hc
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
any person aggrieved by the HC order may
appeal to the minister within 30 days of the service of such notification , minister decision is final
IOC composition
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
members of the IOC mus tbe
wholly independant from the cc and dc
must not be influenced
how can the ioc be appointed
appointed for 1 or more matters or for a fixed period of time
ioc hearing
reg pharm may appear in peron or be represented by a counsel
