South Australian Current Acts South Australian Current Acts53—Cause for disciplinary action
(1) There is proper
cause for disciplinary action against a pharmacy services provider if—
(a) the
provider has contravened or failed to comply with a provision of this Act; or
(b)
there has been, in connection with the provision of pharmacy services in which
the provider has an interest, a contravention or failure to comply with a code
of conduct under this Act applying to the provider; or
(c) the
provider or any person employed or engaged by the provider has, in connection
with the provision of pharmacy services, engaged in conduct that would, if the
person were a pharmacist, constitute unprofessional conduct; or
(d) the
provider is for any reason not a fit and proper person to be a
pharmacy services provider; or
(e) in
the case of a recognised corporate pharmacy services provider or a recognised
trustee pharmacy services provider, an occupier of a position of authority in
the provider—
(i)
has contravened or failed to comply with a provision of
this Act; or
(ii)
has, in connection with the provision of
pharmacy services by the provider, engaged in conduct that would, if the
person were a pharmacist, constitute unprofessional conduct; or
(iii)
is for any reason not a fit and proper person to occupy a
position of authority in the provider.
(2) There is proper
cause for disciplinary action against the occupier of a position of authority
in a recognised corporate pharmacy services provider or a recognised trustee
pharmacy services provider if—
(a) the
person has contravened or failed to comply with a provision of this Act; or
(b) the
person has, in connection with the provision of pharmacy services by the
provider, engaged in conduct that would, if the person were a pharmacist,
constitute unprofessional conduct; or
(c) the
person is for any reason not a fit and proper person to occupy a
position of authority in the provider; or
(d)
—
(i)
the provider has contravened or failed to comply with a
provision of this Act; or
(ii)
there has been, in connection with the provision of
pharmacy services by the provider, a contravention or failure to comply with a
code of conduct under this Act applying to the provider; or
(iii)
the provider, or any person employed or engaged by the
provider, has, in connection with the provision of pharmacy services by the
provider, engaged in conduct that would, if the provider or the person were a
pharmacist, constitute unprofessional conduct,
unless it is proved that the person could not, by the exercise of reasonable
care, have prevented the contravention, failure to comply or conduct.