WK2 Disciplinary and Health Inquiries (Pharm Law) Flashcards
What are the grounds of complaints?
Grounds of complaints:
- Professional Misconduct – Conduct of pharmacist in person’s professional capacity
- Improper act or conduct which brings disrepute to the profession
- Conviction of offence under Pharmacists Registration Act (PRA) or drug related legislation
- Conviction of fraud or dishonesty or implying a defect in character
- Involving physical or mental fitness to practise
How to lodge a complaint?
If complaints are initiated by SPC, on what grounds are they made?
How to lodge complaint:
- In writing
- Supported with statutory declaration (not needed for a public officer or officer of SPC)
a. statutory declaration → sign and swear in front of a CFO (commissioner of CFO / lawyer) a person who can administer oath, to swear that words on doc is true
Complaints can also be initiated by SPC:
- Refer the complaint or information on conviction of offence implying defect in character (e.g. stealing, tax evasion)
- Refer information on conviction of offence in Singapore or elsewhere
- Refer contravention in using title of pharmacist or pharmacist specialist
contravention - an action which offends against a law, treaty, or other ruling.
S39 –> means point 39 of Pharmacists Registration Act 2007 (Chapter 230)
What is the composition of the complaint panel?
What are the subgroups of CP?
How is the chairman appointed?
Who will the complaints go to first?
Complaints Panel:
- Varied membership
a. Council members from SPC
* at least 5 members
* term of office – according to their Council term (3 years)
* eligible for reappointment
b. Senior pharmacists
* 10-40 people
* Not council members
* Has at least 10 years standing
* Serve a 2-year term
* eligible for reappointment
c. Lay persons
* 6-40 people
* Not a pharmacist
* Serve a 2 year term
* Eligible for reappointment
* Nominated by Minister
–> Total: 5 + 10 + 6 = 21 people <–> 10 + 40 + 40 = 90 people
d. Forms complaints committee (CC) and disciplinary committee (DC) – members are drawn from the complaints panel
e. Chairman Is drawn from council members (SPC) in panel, and appointed by Council
f. Any complaints relating to professional misconduct, improper act or conduct that brings disrepute to the profession are referred to chairman of complaints panel
What is the composition of the complaint committee (CC)?
Complaints Committee:
Composition:
* 4 member committee (can’t have 3 council members)
* 1 chairman – council member
* 2 reg pharmacist – at least 1 is not a council member
* A lay person
What is the function of the complaint committee (CC)?
Function:
- Looks into complaint brought against pharmacist
- Determines if any sanctions or orders is needed against the pharmacist
- Determines if any complaint inquiry needs to be referred to DC or HC
How does the complaint committee (CC) function?
Functioning:
- All members present to form a quorum for a CC meeting
- All members to have a vote, in an equality of votes, chairman has a casting vote
- Decision or resolution is in writing and signed by all 4 members of committee
- May, at any time before it makes its finding, seek such legal advice as it thinks necessary
How is the inquiry done by the CC?
Inquiry:
- To be completed within 3 months
- If need time extension, need to write to chairman of complaints panel
- May call upon or appoint any person it considers necessary to assist in investigation or deliberation
- May require production of document or record related to subject-matter
- May require reg pharmacist to give all information related to any such book, document or record
- May call on reg pharmacist to answer (in writing) any allegations made against him -s40(7)
o Serve on him copies of complaint and statutory declaration or affidavit made in support of complaint,
o Invite written explanation giving period of not less than 21 days - Registered pharmacist does not have the right to be heard by CC in person unless allowed by CC at its discretion (all by writing)
How is the determinations done by the CC?
Determinations:
- If of view that formal inquiry is NOT required, it can order
o 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
o Disciplinary Committee (DC) or
o Health Committee (HC) - Report to the council its findings or orders made
What are the rights to appeal against the decision of the CC?
Right to appeal against decision of CC:
* 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
* The complainant or informant has 30 days from the date notified of CC’s decision to appeal to the Minister whose decision is final
What is the composition of the disciplinary committee (DC)?
Who appoints the chairman?
Disciplinary Committee:
Composition:
- 4 member committee
- 3 reg pharmacist of at least 10yrs of experience – at least 2 are council members
- Chairman is appointed by council
- A lay person – an observer, has no voting right, need not be present at every meeting
What is the function of the DC?
Function:
* Conduct formal inquiry into complaint against pharmacist
What are the proceedings done by the DC?
Proceedings (similar to a court case):
* Involves detailed representations by both the council and the pharmacist
o The reg pharmacist may appear in person or be represented by counsel
* Any person giving evidence before a DC is legally bound to tell the truth
* Make its finding and order within 6 months from its date of appointment
* May apply to council for an extension of time if needed.
What are the determinations made by the DC?
Determinations:
May exercise one or more of the following if reg pharmacist is convicted:
- Removal of name from appropriate register
- Suspension from appropriate register for not less than 3 months up to 3 years
- Restrict practice for period not exceeding 3 years
- Impose penalty not exceeding $50,000
- Issue a censure, warning or advice in writing to pharmacist
- Require undertaking from pharmacist to abstain from complained conduct or
- Any such order DC considers as appropriate
- 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
o require pharmacist to pay for all legal cost
If find that pharmacist physical or mental health comes into play, then will refer to the health committee:
Refer to HC:
* If during the inquiry, DC finds that the matter touches on pharmacist’s physical and mental condition, DC can refer matter to the HC
* If HC is of opinion that fitness of the pharmacist is an issue, it proceeds to handle the case
* The DC shall cease to function in relation to the case.
What are the rights to appeal against DC’s decision?
Right to appeal against DC’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
* The High Court’s decision is final
What is the composition of the health committee?
Health Committee:
Composition:
* All council members
* Not less than 3 council members
* 2 year term, appointed by council, eligible for reappointment
