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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Pharmacists Bill 2006 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Terms used in this Act 2 Part 2 -- Pharmacists Registration Board and committees Division 1 -- The Board 4. Board established 7 5. Membership of Board 7 6. Presiding member and deputy presiding member 7 7. Constitution and proceedings 7 8. Remuneration and allowances 8 Division 2 -- Functions and powers 9. Functions 8 10 . Powers 8 11 . Delegation by Board 8 Division 3 -- Relationship of Board with Minister 12 . Directions by Minister 9 13 . Minister to have access to information 10 Division 4 -- Committees 14 . Committees 11 15 . Provisions relating to committees 11 Division 5 -- Registrar and other staff 16 . Registrar 12 17 . Other staff 12 185--2 page i Pharmacists Bill 2006 Contents Division 6 -- General 18 . Duty not to make improper use of information 12 19 . Meetings and minutes of meetings 13 20 . Execution of documents by Board 14 Part 3 -- Finance and reports 21 . Funds of the Board 16 22 . Accounts 17 23 . Audit 17 24 . Annual report and other reports 17 Part 4 -- Registration Division 1 -- Registration of pharmacists 25 . Natural persons may be registered as pharmacists 19 26 . Registration as a practising pharmacist 19 27 . Professional indemnity insurance 20 28 . Registration as a non-practising pharmacist 21 29 . Effect of registration as a pharmacist 21 30 . Duration of registration as a pharmacist 22 31 . Application for registration 22 32 . Renewal of registration 23 33 . Application for registration by a person whose registration has been cancelled under section 97(1)(i) 23 Division 2 -- Registration of pharmacies 34 . Definition 24 35 . Registration of premises as pharmacies 24 36 . Who may apply for registration 25 37 . Preserved company and prescribed private hospitals to carry on pharmacy business only at certain premises 25 38 . Application for registration 25 39 . Grounds for refusal 26 40 . Entry and inspection of registered pharmacy 27 41 . Duration of registration 28 42 . Cancellation and non-renewal of registration 28 43 . Conditions on registration 29 44 . Premises may be, or continue to be, registered even if requirements as to minimum standards of fitness are not met 30 page ii Pharmacists Bill 2006 Contents Division 3 -- The register 45 . The register 30 46 . Inspection of register 31 47 . Certificates of registration for pharmacists and premises 32 48 . Voluntary removal from register and cancellation of registration 33 49 . Removal of name and cancellation of registration of pharmacist in certain circumstances 33 50 . Effect of removal of name from register 34 Division 4 -- Notifications to Board 51 . Change of address 34 52 . Loss of qualifications 34 53 . Insolvency 34 54 . Civil or criminal proceedings 35 55 . Information about professional indemnity insurance 35 56 . Notification of intended change of ownership of, or interests held in, pharmacy business 36 Part 5 -- Pharmacies 57 . Definitions 37 58 . Pharmacy business to be carried on at registered premises 38 59 . Pharmacy business carried on by prescribed private hospital 38 60 . Ownership of, and interests in, pharmacy business 39 61 . Limit on ownership of, and interests in, pharmacy businesses 39 62 . Pharmacist to have overall responsibility for pharmacy business 40 63 . Supervision of pharmacy business by pharmacist 41 64 . Death or bankruptcy of pharmacist, etc. 42 65 . Who may carry on a business that is not a pharmacy business at a registered pharmacy 43 page iii Pharmacists Bill 2006 Contents Part 6 -- Disciplinary and impairment matters Division 1 -- Preliminary 66 . Disciplinary matters 45 67 . Impairment matters 45 Division 2 -- Committees 68 . Complaints assessment committee 46 69 . Impairment review committee 47 Division 3 -- Complaints 70 . Complaints 47 71 . Complaints assessment committee to determine action required 48 72 . Complaints assessment committee may reject certain complaints 49 Division 4 -- Summary orders of Board 73 . Interim orders by Board 49 74 . Complaint dealt with summarily to be referred to the State Administrative Tribunal 51 75 . Complaint not dealt with summarily to be referred to relevant committee 51 Division 5 -- Disciplinary matters 76 . Investigation and recommendation 51 77 . Role of Board 52 78 . Alternative to making allegation to the State Administrative Tribunal 53 Division 6 -- Impairment matters 79 . Request by pharmacist for imposition of condition 54 80 . Revocation of condition 55 81 . Investigation 55 82 . Pharmacist to be notified about investigation 55 83 . Examination 55 84 . Report of examination 56 85 . Role of the impairment review committee 57 86 . Recommendation 57 87 . Role of Board 58 page iv Pharmacists Bill 2006 Contents Division 7 -- Investigator's role and powers 88 . Definition 59 89 . Investigator 59 90 . Report of investigator 59 91 . Powers of investigator 60 92 . Warrant to enter premises 62 93 . Issue of warrant 63 94 . Execution of warrant 63 Division 8 -- Conciliation 95 . Conciliation process 64 96 . Action if conciliation fails 65 Division 9 -- Role of the State Administrative Tribunal 97 . Powers of the State Administrative Tribunal on dealing with a disciplinary matter 65 98 . Powers of the State Administrative Tribunal on dealing with an impairment matter 67 Division 10 -- Miscellaneous 99 . Suspension 68 100 . Costs and recovery 69 Part 7 -- Offences 101 . Persons who may practise pharmacy 70 102 . Persons who may be employed or engaged to practise pharmacy 70 103 . Exceptions to sections 101 and 102 71 104 . Restrictions on employment of person suspended from practice or whose registration is cancelled 71 105 . Use of restricted titles, or pretending to be registered 72 106 . Provision of pharmaceutical services by unregistered person in an emergency or by defence force pharmacist 74 107 . Undue influence 75 108 . Failure to comply with disciplinary action 75 109 . False or misleading information 75 110 . Offences in relation to investigations 76 111 . Obstruction of investigator 77 112 . Assistance to execute warrant 77 113 . Incriminating information, questions or documents 78 page v Pharmacists Bill 2006 Contents 114 . Legal professional privilege 78 115 . Vending machines not to be used to obtain medicines or drugs 78 Part 8 -- Codes of practice, rules and regulations 116 . Codes of practice 80 117 . Rules 80 118 . Regulations 82 119 . Forms 83 Part 9 -- Miscellaneous 120 . Surrender of certificate 84 121 . Protection from liability 85 122 . Notice of decisions to be given 85 123 . Review 86 124 . Publication of proceedings etc. 86 125 . Legal proceedings 87 126 . Liability of certain officers of body corporate: offences 88 127 . Review of Act 89 128 . Pharmacy Act 1964 repealed 90 129 . Pharmacy Act Regulations 1976 repealed 90 130 . Transitional and savings provisions 90 131 . Consequential amendments to Acts 90 Schedule 1 -- Constitution and proceedings of the Board Division 1 -- General provisions 1. Term of office 91 2. Functions of deputy presiding member 91 3. Deputy members 91 4. Vacation of office by member 92 5. General procedure concerning meetings 92 6. Voting 93 7. Holding meetings remotely 93 8. Resolution without meeting 93 9. Minutes 93 page vi Pharmacists Bill 2006 Contents Division 2 -- Disclosure of interests etc. 10 . Meaning of "member" 94 11 . Disclosure of interests 94 12 . Exclusion of interested member 94 13 . Board or committee may resolve that clause 12 inapplicable 94 14 . Quorum where clause 12 applies 95 15 . Minister may declare clauses 12 and 14 inapplicable 95 Schedule 2 -- Transitional and savings provisions 1. Terms used in this Schedule 96 2. Interpretation Act 1984 not affected 97 3. The List 97 4. Incorporated Pharmaceutical Society 97 5. The new Board is a continuation of the former Council, other than in relation to the management of the Pharmaceutical Society 99 6. Transfer of certain assets and liabilities to the incorporated Pharmaceutical Society 99 7. Agreements and instruments 100 8. Members of former Council cease to hold office 101 9. Board members 101 10 . The registrar and other staff 101 11 . Exemption from State taxation 102 12 . Registration of documents 103 13 . Saving 103 14 . Annual report for part of a year 104 15 . Persons registered under the repealed Act 104 16 . Registered pharmacies 104 17 . Register 105 18 . Certificates of registration issued under the repealed Act 105 19 . Restoration of certain names to the register 105 20 . Suspensions 105 21 . Persons carrying on the practice of a pharmaceutical chemist or company under section 36(2)(c) of the repealed Act 106 22 . Undertakings under the repealed Act 106 page vii Pharmacists Bill 2006 Contents 23 . Matters being dealt with by the Board 106 24 . Investigations 106 25 . Failure to comply with an order made under the repealed Act 107 26 . Powers in relation to transitional provision 107 Schedule 3 -- Consequential amendments 1. Chiropractors Act 1964 amended 108 2. Civil Liability Act 2002 amended 108 3. Health Act 1911 amended 108 4. Health Amendment Act 1987 amended 109 5. Health Professionals (Special Events Exemption) Act 2000 amended 109 6. Health Services (Conciliation and Review) Act 1995 amended 109 7. Juries Act 1957 amended 109 8. Liquor Licensing Act 1988 amended 110 9. Medical Act 1894 amended 110 10 . Oaths, Affidavits and Statutory Declarations Act 2005 amended 110 11 . Optometrists Act 1940 amended 111 12 . Poisons Act 1964 amended 111 13 . State Administrative Tribunal Act 2004 amended 113 14 . Veterinary Chemical Control and Animal Feeding Stuffs Act 1976 amended 114 15 . Veterinary Surgeons Act 1960 amended 115 Defined Terms page viii Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail and upon reconsideration) Pharmacists Bill 2006 A Bill for An Act to provide for -- • the regulation of the practice of pharmacy; and • the registration of persons as pharmacists; and • the registration of premises as pharmacies, and to repeal the Pharmacy Act 1964, make consequential amendments to various Acts, and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Pharmacists Bill 2006 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This is the Pharmacists Act 2006. 2. Commencement 5 (1) Subject to this section, this Act comes into operation on a day fixed by proclamation. (2) This section, section 1 and Schedule 2 clause 4 come into operation on the day after the day on which this Act receives the Royal Assent. 10 (3) Different days may be fixed under subsection (1) for different provisions. (4) The day, or days, fixed under subsection (1) is, or are, not to be before the day on which -- (a) a body is certified as the incorporated Pharmaceutical 15 Society under Schedule 2 clause 4; or (b) the period allowed under that clause for such certification has expired, whichever occurs first. 3. Terms used in this Act 20 (1) In this Act, unless the contrary intention appears -- "application" means an application for registration; "approved" means approved by the Board in writing; "Board" means the Pharmacists Registration Board of Western Australia established by section 4; 25 "certificate of registration" means a certificate of registration issued under section 47(1) or (2); "committee" means a committee established by the Board under this Act; page 2 Pharmacists Bill 2006 Preliminary Part 1 s. 3 "complainant" means a person who lodges a complaint under section 70(1) or (2); "complaint" means any of the following -- (a) a complaint lodged under section 70(1) or (2); 5 (b) a complaint referred under section 70(3); (c) a matter the complaints assessment committee has determined under section 70(4) to deal with as if it were a complaint; (d) a matter the Board has referred to the impairment 10 review committee under section 79(3); "complaints assessment committee" means the committee established under section 68; "condition" includes restriction; "Corporations Act" means the Corporations Act 2001 of the 15 Commonwealth; "Director" means the Director of the Office of Health Review under the Health Services (Conciliation and Review) Act 1995; "disciplinary matter" means a matter referred to in section 66; 20 "dispense", in relation to a medicine or drug that is, or contains, a poison, within the meaning of the Poisons Act 1964, means to supply that medicine or drug in accordance with that Act; "document" includes any tape, disc or other device or medium 25 on which information is recorded or stored; "friendly society" means a company that is a friendly society under the Corporations Act and that -- (a) provides mutual benefits to its members; and (b) is a non-profit organisation; and 30 (c) has a constitution that provides that the main object of the company is to carry on the business of pharmacy; page 3 Pharmacists Bill 2006 Part 1 Preliminary s. 3 "hospital" has the same meaning as in the Hospitals and Health Services Act 1927; "impairment" means -- (a) mental disability; or 5 (b) injury; or (c) physical illness; "impairment matter" means a matter referred to in section 67; "impairment review committee" means any committee established under section 69; 10 "investigator" means a person appointed under section 89; "legal practitioner" has the meaning given to that term in the Legal Practice Act 2003 section 3; "medical practitioner" means a medical practitioner registered under the Medical Act 1894; 15 "member of the Board" includes a person acting under Schedule 1 clause 3; "non-practising pharmacist" means a pharmacist who is registered under section 28; "officer", in relation to a body corporate, has the meaning given 20 to "officer of a corporation" in the Corporations Act section 9 but does not include an employee of the body corporate unless the employee is concerned in the management of the body corporate; "pharmacist" means a person who is registered; 25 "pharmacy business" means a business -- (a) consisting of the provision of pharmaceutical services; and (b) from which goods and services relating to the provision of pharmaceutical services may be 30 available, page 4 Pharmacists Bill 2006 Preliminary Part 1 s. 3 other than a business carried on at premises operated by -- (c) a public hospital, as that term is defined in the Hospitals and Health Services Act 1927; or (d) the holder of a permit or licence under the Poisons 5 Act 1964 of a type prescribed by the regulations; "practising pharmacist" means a pharmacist who is registered under section 26; "prescribed private hospital" means a private hospital, other than a day hospital facility, nursing home or nursing post, 10 prescribed, or of a type prescribed, by the regulations; "preserved company" means St John of God Health Care Incorporated, an association incorporated under the Associations Incorporation Act 1987; "presiding member" means the presiding member of the Board 15 referred to in section 6; "private hospital" means a natural person or a body corporate that is the holder of a licence to conduct a private hospital granted under the Hospitals and Health Services Act 1927 Part IIIA; 20 "proprietary interest", in respect of a pharmacy business, means a legal or beneficial interest, and includes an interest as -- (a) a sole proprietor; or (b) a partner; or 25 (c) a director, member or shareholder of a company, as defined in the Corporations Act; or (d) a trustee or beneficiary of a trust, and has a meaning affected by subsection (2); "register" means the register referred to in section 45; 30 "registered" means registered by the Board under this Act; "registered pharmacy" or "pharmacy" means premises registered as a pharmacy under Part 4 Division 2; page 5 Pharmacists Bill 2006 Part 1 Preliminary s. 3 "registrar" means the person employed or engaged to be registrar under section 16; "registration" includes renewal of registration; "respondent" means a person the subject of a complaint; 5 "student" means a person who is enrolled as a student and is studying for a qualification referred to in section 26(2)(g); "the practice of pharmacy" includes to -- (a) compound, dispense or otherwise supply; and (b) advise or counsel on the effective and safe use of, 10 medicines or drugs but does not include to use, supply or sell a poison under the Poisons Act 1964 section 23(2)(b), (c) or (e); "trainee" means a person who -- (a) holds a qualification referred to in section 26(2)(g); and 15 (b) is a party to a traineeship agreement; "traineeship agreement" means an agreement made between a trainee and a pharmacist under which training and practical experience in the practice of pharmacy are to be provided to the trainee. 20 (2) Without limiting the generality of the expression, a person will be taken to hold a proprietary interest in a pharmacy business if -- (a) the person is a party to an arrangement of a kind prescribed by the regulations; or 25 (b) the person, in the course of carrying on a business, provides a benefit to another for which the person is entitled to receive the profits or income, or a share in the profits or income, of a pharmacy business; or (c) the person has, under a franchise or other commercial 30 arrangement, a right to receive consideration that varies according to the profits or income of a pharmacy business. page 6 Pharmacists Bill 2006 Pharmacists Registration Board and committees Part 2 The Board Division 1 s. 4 Part 2 -- Pharmacists Registration Board and committees Division 1 -- The Board 4. Board established 5 (1) A body called the Pharmacists Registration Board of Western Australia is established. (2) The Board -- (a) is a body corporate; and (b) has perpetual succession and a common seal; and 10 (c) may sue and be sued in its corporate name. (3) The Board does not represent, and is not an agent of, the Crown. 5. Membership of Board (1) The Board consists of 8 members appointed by the Minister, of whom -- 15 (a) 6 are to be pharmacists; and (b) one is to be a person who has knowledge of and experience in representing the interests of consumers; and (c) one is to be a legal practitioner. 20 (2) Each member of the Board is to be a natural person. 6. Presiding member and deputy presiding member The presiding member and the deputy presiding member of the Board are to be elected by the Board from amongst its members. 7. Constitution and proceedings 25 Schedule 1 has effect with respect to the constitution and proceedings of the Board. page 7 Pharmacists Bill 2006 Part 2 Pharmacists Registration Board and committees Division 2 Functions and powers s. 8 8. Remuneration and allowances A member of the Board, or of a committee, is to be paid such remuneration and allowances (if any) as the Minister, on the recommendation of the Minister for Public Sector Management, 5 determines from time to time. Division 2 -- Functions and powers 9. Functions The functions of the Board are as follows -- (a) to advise the Minister on matters to which this Act 10 applies; (b) to administer the scheme of registration under Part 4; (c) to support and promote public education and research in relation to the practice of pharmacy; (d) to provide, conduct and monitor education, both 15 theoretical and practical, in the practice of pharmacy, and provide advice on that education to the Minister and to any other person or body involved in that education; (e) to promote and encourage -- (i) the continuing education of pharmacists in the 20 practice of pharmacy; and (ii) increased levels of skill, knowledge and competence in the practice of pharmacy; (f) to perform other functions that are conferred on the Board under this Act or any other Act. 25 10. Powers The Board has all the powers it needs to perform its functions. 11. Delegation by Board (1) The Board may delegate any power or duty of the Board under another provision of this Act or any other Act to -- 30 (a) a member of the Board; or page 8 Pharmacists Bill 2006 Pharmacists Registration Board and committees Part 2 Relationship of Board with Minister Division 3 s. 12 (b) a committee or a member of a committee; or (c) the registrar. (2) The delegation must be in writing executed by the Board. (3) A person to whom a power or duty is delegated under this 5 section cannot delegate that power or duty. (4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. 10 (5) Nothing in this section limits the ability of the Board to perform a function through the registrar or any other member of staff or an agent. Division 3 -- Relationship of Board with Minister 12. Directions by Minister 15 (1) Subject to subsection (2), the Minister may, after consulting with the Board, give directions in writing to the Board with respect to the performance of its functions either generally or in relation to a particular matter, and the Board is to give effect to any such direction. 20 (2) The Minister must not under subsection (1) direct the Board with respect to the performance of its functions in respect of -- (a) a particular person; or (b) a particular qualification; or (c) a particular application, complaint or proceeding. 25 (3) The text of a direction given under subsection (1) must be -- (a) laid before each House of Parliament within 14 sitting days of that House after the direction is given; and (b) included in the annual report submitted by the Board under section 24(1). page 9 Pharmacists Bill 2006 Part 2 Pharmacists Registration Board and committees Division 3 Relationship of Board with Minister s. 13 13. Minister to have access to information (1) In this section -- "information" means information specified, or of a description specified, by the Minister that relates to the functions of the 5 Board. (2) The Minister is entitled -- (a) to have information in the possession of the Board; and (b) if the information is in or on a document, to have, and make and retain copies of, that document. 10 (3) For the purposes of subsection (2) the Minister may -- (a) request the Board to furnish information to the Minister; or (b) request the Board to give the Minister access to information; or 15 (c) for the purposes of paragraph (b) make use of the staff of the Board to obtain the information and furnish it to the Minister. (4) The Board is to comply with a request under subsection (3) and make its staff and facilities available to the Minister for the 20 purposes of subsection (3)(c). (5) The Minister is not entitled to have information under this section in a form that -- (a) discloses the identity of a person involved in a particular application, complaint, investigation or other 25 proceeding; or (b) might enable the identity of any such person to be ascertained, unless that person has consented to the disclosure. page 10 Pharmacists Bill 2006 Pharmacists Registration Board and committees Part 2 Committees Division 4 s. 14 Division 4 -- Committees 14. Committees (1) In addition to the complaints assessment committee and the impairment review committee the Board may from time to time 5 establish any other committee. (2) The Board may -- (a) determine the functions, membership and constitution; and (b) appoint such members and other persons as it thinks fit 10 to be members; and (c) give directions with respect to the functions and procedures, of a committee established under this section. (3) A committee is to comply with a direction given to it under 15 subsection (2)(c). (4) At the request of the Board, a committee established under this section is to report on the performance of its functions to the Board, in accordance with the Board's request. 15. Provisions relating to committees 20 (1) Each member of a committee is to be a natural person. (2) The Board may remove a person from membership of a committee and may reconstitute or discharge a committee established by the Board. (3) A committee is to ensure that an accurate record is kept and 25 preserved of the proceedings of each meeting of the committee and of each resolution passed by the committee. (4) Subject to this Act, a committee may determine its own procedures. page 11 Pharmacists Bill 2006 Part 2 Pharmacists Registration Board and committees Division 5 Registrar and other staff s. 16 (5) A person with special knowledge or experience may be invited to act in an advisory capacity to a committee if the committee is of the opinion that the person will assist the committee in the performance of its functions and the Board has approved the 5 invitation. Division 5 -- Registrar and other staff 16. Registrar (1) The Board is to employ or engage a person to be the registrar. (2) The registrar has the functions that are conferred under this Act 10 or that the Board directs the registrar to perform. (3) The registrar may delegate to a person employed or engaged by the Board any power or duty of the registrar under another provision of this Act. (4) The delegation must be in writing executed by the registrar. 15 (5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (6) A delegate exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the 20 contrary is shown. 17. Other staff The Board may employ or engage persons to provide such professional, technical or other assistance that the Board considers necessary to enable it to perform its functions. 25 Division 6 -- General 18. Duty not to make improper use of information A member or former member of the Board or a member or former member of a committee must not, whether within or page 12 Pharmacists Bill 2006 Pharmacists Registration Board and committees Part 2 General Division 6 s. 19 outside the State, make improper use of information acquired by virtue of that position to gain, directly or indirectly, an advantage for himself or herself or for any other person. Penalty: a fine of $5 000. 5 19. Meetings and minutes of meetings (1) Subject to this section, every meeting of the Board is to be open to members of the public. (2) Despite subsection (1) -- (a) the Board may of its own initiative order that in any 10 particular case a meeting, or part of a meeting, of the Board is to be closed; and (b) where a meeting of the Board concerns a proceeding under Part 6 relating to a disciplinary or impairment matter, a person to whom the proceedings relate may 15 request that the meeting, or part of the meeting, be closed. (3) The Board is to consider a request under subsection (2)(b) and may order that the meeting, or part of the meeting, be closed if it is of the opinion that such an order is in the best interests of the 20 parties involved or the maintenance of professional standards. (4) The minutes of a meeting of the Board are to be open for inspection at its principal place of business by members of the public during normal office hours without fee, other than minutes relating to -- 25 (a) proceedings under Part 6 relating to a disciplinary or impairment matter; or (b) a matter determined to be confidential under subsection (6); or (c) a meeting, or part of a meeting, that the Board ordered 30 be closed under subsection (2)(a) or (3). page 13 Pharmacists Bill 2006 Part 2 Pharmacists Registration Board and committees Division 6 General s. 20 (5) A person may, on payment of the fee prescribed by the regulations, if any, obtain a copy of any minutes of the Board available for inspection under subsection (4). (6) The Board may determine that a matter is confidential if it 5 considers that its disclosure is likely to infringe the reasonable privacy of any person. 20. Execution of documents by Board (1) The Board is to have a common seal. (2) A document is duly executed by the Board, if -- 10 (a) the common seal of the Board is affixed to it in accordance with subsections (3) and (4); or (b) it is signed on behalf of the Board by a person or persons authorised by the Board to do so under subsection (5). 15 (3) The common seal of the Board is not to be affixed to any document except as authorised by the Board. (4) The common seal of the Board is to be affixed to a document in the presence of 2 members of the Board and each of them is to sign the document to attest that the common seal was so affixed. 20 (5) The Board may, by writing under its seal, authorise -- (a) a member or members of the Board; or (b) a member or members of staff, to sign documents on behalf of the Board, either generally or subject to such conditions as are specified in the authorisation. 25 (6) A document executed under this section without the common seal of the Board is not to be regarded as being a document under seal. (7) A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary 30 is shown. page 14 Pharmacists Bill 2006 Pharmacists Registration Board and committees Part 2 General Division 6 s. 20 (8) When a document is produced bearing a seal purporting to be the common seal of the Board, it is to be presumed that the seal is the common seal of the Board until the contrary is shown. page 15 Pharmacists Bill 2006 Part 3 Finance and reports s. 21 Part 3 -- Finance and reports 21. Funds of the Board (1) The funds of the Board consist of -- (a) fees received by the Board; and 5 (b) grants (if any) by the State, and all gifts and donations made to the Board, but subject to any trusts declared in relation to the grants, gifts or donations; and (c) penalties, costs and expenses received under section 78 or 100; and 10 (d) other money or property lawfully received by the Board in connection with the performance of its functions. (2) The funds of the Board may be applied -- (a) for the purposes of the administration and enforcement of this Act, including the remuneration of members of 15 the Board and committees and of the registrar and other persons employed or engaged by the Board; and (b) for the purposes of providing, conducting and monitoring education, both theoretical and practical, in the practice of pharmacy; and 20 (c) for the payment of examinations and reports in accordance with section 83(3); and (d) for the furtherance of education, including public education, and research in relation to the practice of pharmacy; and 25 (e) by way of contribution to -- (i) any professional body for pharmacists; or (ii) any national body comprising associations of pharmacists, for the development of professional, educational, 30 registration and practice standards by that body; and page 16 Pharmacists Bill 2006 Finance and reports Part 3 s. 22 (f) for any other purpose that the Board may recommend and the Minister may approve to enable the Board to perform its functions. 22. Accounts 5 (1) The Board is to cause to be kept proper accounts and records of the transactions and affairs of the Board and is to prepare financial statements in accordance with Australian Accounting Standards. (2) The financial statements are to be prepared on an accrual basis 10 unless the Board determines otherwise. 23. Audit The accounts and financial statements of the Board are to be audited at least once a year, at the expense of the Board, by a registered company auditor (as defined in paragraph (a) of the 15 definition of that term in the Corporations Act section 9) appointed by the Board with the prior approval of the Minister. 24. Annual report and other reports (1) The Board, not later than 31 December in each year, is to make and submit to the Minister an annual report of its proceedings 20 for the preceding year ending on 30 June together with a copy of its financial statements for that year and the auditor's report on those statements. (2) The Board's annual report must include details of -- (a) the number, nature, and outcome, of -- 25 (i) investigations and inquiries undertaken under this Act during the year to which the report relates; and (ii) matters that have been brought before the State Administrative Tribunal by the Board during the 30 year to which the report relates; and page 17 Pharmacists Bill 2006 Part 3 Finance and reports s. 24 (b) the number and nature of matters referred to in paragraph (a) that are outstanding; and (c) any trends or special problems that may have emerged; and 5 (d) forecasts of the workload of the Board in the year after the year to which the report relates; and (e) any proposals for improving the operation of the Board. (3) The Minister is to cause a copy of the Board's annual report and financial statements and of the auditor's report submitted under 10 subsection (1) to be laid before each House of Parliament within 14 sitting days of that House after receipt of the report by the Minister. (4) The Board is to ensure that after subsection (3) has been complied with copies of the reports and statements referred to in 15 that subsection are available on request for inspection at its principal place of business. page 18 Pharmacists Bill 2006 Registration Part 4 Registration of pharmacists Division 1 s. 25 Part 4 -- Registration Division 1 -- Registration of pharmacists 25. Natural persons may be registered as pharmacists Registration of a person as a pharmacist may be granted only to 5 a natural person. 26. Registration as a practising pharmacist (1) The Board is to register an applicant as a pharmacist if satisfied that the applicant has -- (a) complied with the requirements of subsection (2); and 10 (b) paid the registration fee, if any, prescribed by the regulations. (2) The requirements for registration as a pharmacist are that the applicant -- (a) is a fit and proper person to be registered as a 15 pharmacist; and (b) has not been convicted of an offence the nature of which renders the person unfit to practise as a pharmacist; and (c) has adequate knowledge of the English language both written and oral; and 20 (d) has sufficient physical capacity, mental capacity and skill to practise pharmacy; and (e) holds a qualification, or has passed an examination, in first aid approved by the Board; and (f) has acquired such knowledge and has such practical 25 experience in the practice of pharmacy as in the opinion of the Board is sufficient to enable that person to perform efficiently the duties of a pharmacist; and (g) holds a qualification prescribed by the rules as a qualification for registration as a pharmacist or a 30 qualification that in the opinion of the Board is equivalent to such a qualification. page 19 Pharmacists Bill 2006 Part 4 Registration Division 1 Registration of pharmacists s. 27 (3) The Board may impose such conditions on registration under subsection (1) as the Board reasonably requires to ensure the competent and safe practice of pharmacy by the pharmacist. (4) A condition imposed under subsection (3) may apply 5 indefinitely or for a period of time specified by the Board in the written notice. (5) The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition. 10 27. Professional indemnity insurance (1) Without limiting the Board's powers under section 26, the Board may impose both of the following conditions as conditions on the registration of a pharmacist under that section -- 15 (a) that -- (i) the pharmacist must hold professional indemnity insurance; or (ii) the practice of pharmacy by the pharmacist must be covered by professional indemnity insurance; 20 or (iii) the pharmacist must be specified or referred to in professional indemnity insurance, whether by name or otherwise, as a person to whom the professional indemnity insurance extends even 25 though the pharmacist is not a party to the professional indemnity insurance; (b) that the professional indemnity insurance must meet the minimum terms and conditions approved by the Board. (2) A condition imposed under this section may apply indefinitely 30 or for a period of time specified by the Board in the written notice of the decision given under section 122. page 20 Pharmacists Bill 2006 Registration Part 4 Registration of pharmacists Division 1 s. 28 (3) The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition. 28. Registration as a non-practising pharmacist 5 (1) At the request of an applicant, the Board may register the applicant as a pharmacist subject to the condition that the person does not practise pharmacy if satisfied that the applicant -- (a) is, or was, registered as a pharmacist under section 26; and 10 (b) is not a person whose registration as a pharmacist is cancelled and name removed from the register under section 97(1)(i); and (c) has paid the fee, if any, prescribed by the regulations. (2) For the purpose of a condition imposed under subsection (1) -- 15 "practise pharmacy" includes any of the following -- (a) to -- (i) compound, dispense or otherwise supply; (ii) advise or counsel on the effective and safe use of, 20 medicines or drugs for human use; (b) to own, or hold a proprietary interest in, a pharmacy business; (c) to enter into a traineeship agreement or to supervise or train a student or trainee. 25 29. Effect of registration as a pharmacist Subject to this Act, registration as a pharmacist -- (a) under section 26 confers on the person registered the right to carry on in the State the practice of pharmacy under the title of "pharmacist" or another restricted title 30 referred to in section 105(1); and page 21 Pharmacists Bill 2006 Part 4 Registration Division 1 Registration of pharmacists s. 30 (b) under section 28 confers on the person registered the right to use the title "pharmacist" or another restricted title referred to in section 105(1). 30. Duration of registration as a pharmacist 5 Subject to this Act, registration of a person as a pharmacist -- (a) has effect for the period prescribed by the regulations; and (b) may be renewed in accordance with the regulations for a further period prescribed by the regulations. 10 31. Application for registration (1) An application for registration as a pharmacist is to be -- (a) in writing; and (b) made in an approved manner and form; and (c) accompanied by the application fee, if any, prescribed 15 by the regulations. (2) The applicant must provide the Board or the registrar with such further information as the Board or the registrar requires, in any particular case, and if required by the Board or the registrar must verify the information by statutory declaration. 20 (3) The Board may, in writing, require an applicant for registration as a pharmacist to attend before the Board for the purpose of satisfying the Board as to a matter relevant to the application and, if the person fails to attend, may refuse the application. (4) The Board may refuse to register a person who does not comply 25 with this section. page 22 Pharmacists Bill 2006 Registration Part 4 Registration of pharmacists Division 1 s. 32 32. Renewal of registration (1) A pharmacist must pay to the Board the relevant fee prescribed by the regulations for renewal of registration, and if the fee is not paid on or before the day on which it falls due under the 5 regulations -- (a) the person ceases to be registered as a pharmacist; and (b) the person's name must be removed from the register. (2) A person whose name is removed from the register under subsection (1) may at any time pay to the Board all fees that are 10 in arrears, and all fees that would be in arrears if the person had continued to be registered, together with any additional amount prescribed by the regulations for the purposes of this subsection, and is then to be entitled, subject to this Act, to have his or her registration renewed and name restored to the register. 15 (3) For the purposes of Part 6, the registration of a person whose name is restored to the register under subsection (2) is taken to have continued during the period that the person's name was removed from the register under subsection (1). (4) The Board is to give written notice of the renewal fee to a 20 pharmacist, sent to that person's address as recorded in the register, at least 42 days before the fee falls due under the regulations. (5) A person may apply to the Board for the remission of fees payable by the person under this section that are in arrears, and 25 the Board may remit those fees in whole or in part. 33. Application for registration by a person whose registration has been cancelled under section 97(1)(i) (1) In this section -- "disqualified person" means a person whose registration as a 30 pharmacist has been cancelled and name removed from the register under section 97(1)(i). page 23 Pharmacists Bill 2006 Part 4 Registration Division 2 Registration of pharmacies s. 34 (2) A disqualified person may not apply for registration as a pharmacist for a period of 2 years after that person's registration was cancelled. (3) The Board cannot grant an application for registration as a 5 pharmacist by a disqualified person unless it has applied for, and obtained, the approval of the State Administrative Tribunal to do so. (4) A person in respect of whom the Board has made an application for approval under subsection (3) is to pay all of the costs and 10 expenses of or incidental to that application, whether or not the approval of the State Administrative Tribunal is obtained. (5) Registration of, and the practice of pharmacy by, a disqualified person may be made subject to such conditions as the Board in any particular case imposes. 15 Division 2 -- Registration of pharmacies 34. Definition In this Division -- "applicant" means a person who has made an application under section 36; 20 "supermarket" means a retail store or market the primary business of which is the sale of a range of food, beverages, groceries and other domestic goods. 35. Registration of premises as pharmacies (1) Unless section 39 applies, the Board is to grant an application 25 made under section 36 for the registration of premises as a pharmacy. (2) Premises registered under this Division are to be registered in the name of the applicant. page 24 Pharmacists Bill 2006 Registration Part 4 Registration of pharmacies Division 2 s. 36 36. Who may apply for registration The following persons may apply to the Board for the premises at which a pharmacy business is, or is to be, established or carried on to be registered as a pharmacy in the name of that 5 person -- (a) a pharmacist or friendly society who -- (i) owns, or holds a proprietary interest in, the pharmacy business; or (ii) intends to own, or acquire a proprietary interest 10 in, the pharmacy business; (b) subject to section 37(1), the preserved company; (c) subject to section 37(2), a prescribed private hospital. 37. Preserved company and prescribed private hospitals to carry on pharmacy business only at certain premises 15 (1) The preserved company may not carry on a pharmacy business at any premises other than premises at the place where it was carrying on that business immediately before the commencement of section 128 of this Act. (2) A prescribed private hospital may not carry on a pharmacy 20 business at any premises other than the premises approved as premises for the hospital under the Hospitals and Health Services Act 1927 Part IIIA. 38. Application for registration (1) An application for the registration of premises under this 25 Division must be -- (a) made in writing; and (b) made in an approved manner and form; and (c) accompanied by the application fee, if any, prescribed by the regulations; and 30 (d) accompanied by such information as is required by the regulations. page 25 Pharmacists Bill 2006 Part 4 Registration Division 2 Registration of pharmacies s. 39 (2) The Board may request that an applicant provide to the Board such further information as the Board reasonably requires to decide the application. (3) The Board may request that an applicant -- 5 (a) attend before the Board for the purpose of satisfying the Board as to a matter relevant to the application; or (b) agree with the Board as to a mutually convenient time for the inspection of the premises to ensure that the premises meet the requirements prescribed by the 10 regulations for the minimum standards of fitness for the competent and safe practice of pharmacy. (4) A request under subsection (2) or (3) is to -- (a) be in writing; and (b) be given to the applicant; and 15 (c) specify, if relevant -- (i) the time within which the information must be provided; or (ii) the time and place the person is to attend before the Board. 20 (5) Information requested under subsection (2) must be provided -- (a) in writing; and (b) within the time specified in the request. (6) Information provided under this section must, if the Board so requires, be verified by statutory declaration or supported by 25 other evidence required by the Board. 39. Grounds for refusal The Board must refuse to grant an application for the registration of premises under this Division if -- (a) the Board is not satisfied that the premises meet the 30 requirements prescribed by the regulations for the minimum standards of fitness for the competent and safe practice of pharmacy; or page 26 Pharmacists Bill 2006 Registration Part 4 Registration of pharmacies Division 2 s. 40 (b) the application contains or is accompanied by information that is false or misleading in a material particular; or (c) the applicant has not complied with a request made 5 under section 38(2) or (3); or (d) where the applicant is a person referred to in section 36(a) -- (i) the applicant is not a person who is entitled to own, or hold a proprietary interest in, a pharmacy 10 business under section 60; or (ii) section 61 would be breached if a pharmacy business was carried on at the premises by the applicant; or 15 (e) the Board is satisfied that the premises are -- (i) located wholly or partly within a supermarket; or (ii) capable of being entered from a supermarket; or (iii) capable of being used to gain entry to a supermarket; 20 or (f) where the applicant is the preserved company or a prescribed private hospital, the premises are not in compliance with section 37. 40. Entry and inspection of registered pharmacy 25 (1) The Board may enter any registered pharmacy during business hours and inspect the pharmacy or anything in or on the pharmacy to ensure that the pharmacy meets the requirements prescribed by the regulations for the minimum standards of fitness for the competent and safe practice of pharmacy. page 27 Pharmacists Bill 2006 Part 4 Registration Division 2 Registration of pharmacies s. 41 (2) A pharmacist practising at registered premises, and a person in whose name the premises are registered, are to provide all reasonable assistance to a person entering and inspecting a pharmacy under subsection (1). 5 Penalty: (a) for an individual, a fine of $1 000; (b) for a body corporate, a fine of $2 500. 41. Duration of registration Subject to this Act, registration of premises under this 10 Division -- (a) has effect for the period prescribed by the regulations; and (b) may be renewed in accordance with the regulations for a further period prescribed by the regulations. 15 42. Cancellation and non-renewal of registration (1) The Board must cancel or refuse to renew the registration of premises under this Division if -- (a) the Board is not satisfied that the premises meet the requirements prescribed by the regulations for the 20 minimum standards of fitness for the competent and safe practice of pharmacy; or (b) the registration was obtained by fraud or misrepresentation; or (c) a person who owns, or holds a proprietary interest in, the 25 pharmacy business carried on at the premises -- (i) is not, or has ceased to be, a person who is entitled to own, or hold a proprietary interest in, a pharmacy business under section 60; or (ii) is in breach of section 61; 30 or page 28 Pharmacists Bill 2006 Registration Part 4 Registration of pharmacies Division 2 s. 43 (d) the person in whose name the premises are registered no longer carries on a pharmacy business at the premises; or (e) the Board is satisfied that the premises are -- 5 (i) located wholly or partly within a supermarket; or (ii) capable of being entered from a supermarket; or (iii) capable of being used to gain entry to a supermarket; or 10 (f) where the premises are registered in the name of the preserved company or a prescribed private hospital, the premises are not in compliance with section 37. (2) If the Board proposes to cancel or refuse to renew the registration of a pharmacy under this Division, the Board is to 15 give the person in whose name the pharmacy is registered notice in writing of the proposal to cancel or refuse to renew the registration and the reasons for the proposal. (3) A notice given under subsection (2) must state that within 14 days after the notice is given the person to whom it is given 20 may make representations in writing to the Board concerning the matter, and the Board is not to determine the matter without considering any representations received within that period. 43. Conditions on registration (1) The Board may, at the time of granting registration of premises 25 as a pharmacy under this Division or at a later time, impose such conditions on that registration as the Board reasonably requires to ensure that the premises are of a minimum standard of fitness for the competent and safe practice of pharmacy. (2) A condition imposed by the Board under this section may apply 30 indefinitely or for a period of time specified by the Board in the written notice of the decisions given under section 122. page 29 Pharmacists Bill 2006 Part 4 Registration Division 3 The register s. 44 (3) The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition. 44. Premises may be, or continue to be, registered even if 5 requirements as to minimum standards of fitness are not met Despite sections 39(a) and 42(1)(a), the Board may grant an application for the registration of premises, or renew, or not cancel, such a registration even though the premises do not meet 10 the requirements prescribed by the regulations for the minimum standards of fitness for the competent and safe practice of pharmacy if -- (a) the Board is satisfied that it is in the public interest for the premises to be registered under this Division; and 15 (b) a condition has, or conditions have, been imposed on the registration of the premises under section 43. Division 3 -- The register 45. The register (1) The Board is required to keep an accurate and up to date register 20 of pharmacists and registered pharmacies in such manner and form as the Board determines. (2) The following information is to be recorded in the register in respect of each pharmacist -- (a) the name of that pharmacist; 25 (b) the business, or other, address of that pharmacist; (c) each business name under which the pharmacist owns, or holds a proprietary interest in, a pharmacy business; (d) the address of each of the premises registered under section 35 as a pharmacy in the name of that pharmacist; 30 (e) particulars of all of the qualifications in pharmacy recognised by the Board and held by that pharmacist; page 30 Pharmacists Bill 2006 Registration Part 4 The register Division 3 s. 46 (f) the provision of this Act under which the pharmacist is registered; (g) any conditions applying to the registration of the pharmacist; 5 (h) details of the exercise of any power under sections 73, 74, 77, 78, 97 and 98 in respect of that pharmacist; (i) such other information, if any, as is prescribed by the regulations. 10 (3) The following information is to be recorded in the register in respect of a registered pharmacy -- (a) the address of the pharmacy; (b) the name of the person in whose name the pharmacy is registered; 15 (c) any conditions imposed on the registration of the pharmacy; (d) such other information, if any, as is prescribed by the regulations. 46. Inspection of register 20 (1) The register must be kept in the office of the registrar. (2) The register must be available for inspection by members of the public during normal office hours. (3) The register may be made available for inspection by members of the public on an internet website maintained by the Board. 25 (4) A person may, on application to the registrar, and payment of the fee prescribed by the regulations, if any, obtain a certified copy of the register or a particular entry in the register. page 31 Pharmacists Bill 2006 Part 4 Registration Division 3 The register s. 47 (5) Information made available under subsections (2), (3) and (4) -- (a) need not include the information, or all of the information, prescribed by the regulations as 5 information to be recorded in the register; and (b) is not to include a person's private address without the consent of the person. (6) No fee is payable under subsection (4) if the application is made -- 10 (a) by an officer of the department of the Public Service principally assisting the Minister in the administration of this Act; and (b) for the purpose of carrying out the functions of an officer of that department. 15 47. Certificates of registration for pharmacists and premises (1) On the registration of a person as a pharmacist the Board is to issue to that person a certificate of registration as a pharmacist in the approved form. (2) On the registration of premises as a pharmacy the Board is to 20 issue to the person in whose name the premises are registered a certificate of registration of the premises as a pharmacy in the approved form. (3) In the absence of evidence to the contrary a certificate of registration as a pharmacist is evidence that the person to whom 25 the certificate is issued is registered. (4) In the absence of evidence to the contrary a certificate of registration of premises as a registered pharmacy is evidence that the premises specified in the certificate are registered as a pharmacy. page 32 Pharmacists Bill 2006 Registration Part 4 The register Division 3 s. 48 48. Voluntary removal from register and cancellation of registration (1) A pharmacist may, in writing, request the registrar to remove the pharmacist's name from the register and cancel the 5 pharmacist's registration. (2) Upon receipt of a request under subsection (1) the registrar is to refer the request to the Board and may, if the Board so approves, remove the name of the pharmacist from the register and cancel the pharmacist's registration. 10 (3) This section does not apply to a pharmacist who is the subject of proceedings under Part 6. 49. Removal of name and cancellation of registration of pharmacist in certain circumstances (1) Subject to subsections (2) and (3), the Board is to cancel the 15 registration of, and direct the registrar to remove from the register, the name of a pharmacist if the Board is satisfied that the pharmacist -- (a) has not practised pharmacy in the preceding period of 3 years; and 20 (b) has not maintained current knowledge and skills in the practice of pharmacy at an approved level. (2) If the Board proposes to give a direction under subsection (1), the Board is to give the pharmacist written notice of the proposal and the reasons for the proposal. 25 (3) A notice given under subsection (2) must state that within 28 days after the notice is given, the pharmacist to whom it is given may make written representations to the Board concerning the proposal, and the Board is not to give the direction without considering any representations received 30 within that period. (4) This section does not apply to, or in respect of, a non-practising pharmacist. page 33 Pharmacists Bill 2006 Part 4 Registration Division 4 Notifications to Board s. 50 50. Effect of removal of name from register If the name of a registered person is removed from the register under a provision of this Act, that person ceases to be registered as a pharmacist. 5 Division 4 -- Notifications to Board 51. Change of address (1) A pharmacist must give the registrar written advice of any change to the address that is recorded in the register in relation to the person. 10 Penalty: a fine of $1 000. (2) The advice referred to in subsection (1) must be given no later than 30 days after the change to the address. 52. Loss of qualifications (1) A pharmacist must give the registrar written advice if a 15 qualification that enabled the person to be registered is withdrawn or cancelled by the body that conferred the qualification. Penalty: a fine of $1 000. (2) The advice referred to in subsection (1) must be given no later 20 than 90 days after the withdrawal or cancellation. 53. Insolvency (1) In subsection (2) -- "insolvent" means a person who is an insolvent under administration as defined in the Corporations Act section 9. 25 (2) A pharmacist must, within 7 days of becoming an insolvent, give the registrar written advice of the insolvency. Penalty: a fine of $5 000. page 34 Pharmacists Bill 2006 Registration Part 4 Notifications to Board Division 4 s. 54 54. Civil or criminal proceedings (1) A pharmacist must give the registrar written advice of any of the following matters within 14 days after -- (a) any civil proceedings claiming damages or other 5 compensation arising out of the practice of pharmacy; (b) any criminal proceedings for an offence arising out of the practice of pharmacy, are commenced against that pharmacist. (2) A pharmacist must give the registrar written advice of any of the 10 following matters within 14 days after -- (a) any proceedings of a kind referred to in subsection (1) commenced against that pharmacist are withdrawn or settled; (b) any such proceedings are determined by a court or other 15 tribunal. Penalty: a fine of $5 000. 55. Information about professional indemnity insurance (1) If it is a condition of a pharmacist's registration that -- (a) the pharmacist must hold professional indemnity 20 insurance; or (b) pharmaceutical care provided by the pharmacist must be covered by professional indemnity insurance; or (c) the pharmacist must be specified or referred to in professional indemnity insurance, whether by name or 25 otherwise, as a person to whom the professional indemnity insurance extends even though the pharmacist is not a party to the professional indemnity insurance, the pharmacist must give the registrar written advice -- (d) if the professional indemnity insurance is cancelled; or page 35 Pharmacists Bill 2006 Part 4 Registration Division 4 Notifications to Board s. 56 (e) of any change to the terms or conditions of the professional indemnity insurance. Penalty: a fine of $1 000. (2) The advice referred to in subsection (1) must be given no later 5 than 30 days after the cancellation or change to the terms or conditions. 56. Notification of intended change of ownership of, or interests held in, pharmacy business A person who intends to acquire, or dispose of, ownership of, or 10 a proprietary interest in, a pharmacy business must give the registrar written advice of the intended acquisition or disposal at least 14 days before the acquisition or disposal occurs. Penalty: (a) for an individual, a fine of $5 000; 15 (b) for a body corporate, a fine of $10 000. page 36 Pharmacists Bill 2006 Pharmacies Part 5 s. 57 Part 5 -- Pharmacies 57. Definitions In this Part -- "close family member", in respect of a pharmacist, means any 5 of the following -- (a) a spouse, de facto partner, child or parent of the pharmacist; (b) another family member in a relationship with the pharmacist prescribed by the regulations for the 10 purposes of this definition; "pharmacist" means a practising pharmacist; "pharmacist controlled company" means a company within the meaning of the Corporations Act -- (a) in which -- 15 (i) at least one director is a pharmacist; and (ii) every director is either a pharmacist or a close family member of a pharmacist who is a director; and 20 (b) where each holder of shares, or of a beneficial or legal interest in shares, in the company is a pharmacist or a close family member of such a pharmacist; and (c) in which a pharmacist is, or pharmacists are, entitled 25 to control the exercise of more than 50% of the voting power -- (i) at meetings of the directors of the company; or (ii) attached to voting shares issued by the 30 company. page 37 Pharmacists Bill 2006 Part 5 Pharmacies s. 58 58. Pharmacy business to be carried on at registered premises A person must not own, or hold a proprietary interest in, a pharmacy business unless the business is carried on at premises that are registered as a pharmacy. 5 Penalty: (a) for an individual, a fine of $5 000; (b) for a body corporate, a fine of $10 000; (c) for each separate and further offence committed by the person under the Interpretation Act 1984 10 section 71, a fine of $400. 59. Pharmacy business carried on by prescribed private hospital (1) In subsection (2) -- "in-patient", in respect of a prescribed private hospital, means 15 a patient who is admitted to the hospital for the purpose of receiving treatment in a bed in the hospital. (2) A prescribed private hospital must not own, or hold a proprietary interest in, a pharmacy business other than a business -- 20 (a) consisting of the provision of pharmaceutical services for in patients of the hospital only; and (b) from which goods and services relating to the provision of pharmaceutical services may be available for such patients only. 25 Penalty: (a) for an individual, a fine of $5 000; (b) for a body corporate, a fine of $10 000; (c) for each separate and further offence committed by the person under the Interpretation Act 1984 30 section 71, a fine of $400. page 38 Pharmacists Bill 2006 Pharmacies Part 5 s. 60 60. Ownership of, and interests in, pharmacy business (1) A person must not own, or hold a proprietary interest in, a pharmacy business unless the person is -- (a) a pharmacist; or 5 (b) a person who is a partner in a partnership that carries on the business and in which every partner is either -- (i) a pharmacist; or (ii) a close family member of a partner who is a pharmacist; 10 or (c) a pharmacist controlled company; or (d) a friendly society; or (e) the preserved company; or (f) a prescribed private hospital. 15 (2) For the purposes of subsection (1), a person is not to be treated as having a proprietary interest in a pharmacy business owned by a company referred to in subsection (1)(c), (d), (e) or (f) in respect of an interest as a director, officer, trustee, member or shareholder of that company. 20 Penalty: (a) for an individual, a fine of $5 000; (b) for a body corporate, a fine of $10 000; (c) for each separate and further offence committed by the person under the Interpretation Act 1984 25 section 71, a fine of $400. 61. Limit on ownership of, and interests in, pharmacy businesses (1) A pharmacist must not own, or hold a proprietary interest in, more than 4 pharmacy businesses at any one time. 30 (2) A friendly society must not own, or hold a proprietary interest in, more than 4 pharmacy businesses at any one time. page 39 Pharmacists Bill 2006 Part 5 Pharmacies s. 62 (3) The preserved company must not own more than one pharmacy business at any one time. (4) A prescribed private hospital must not, at any one time, own more than one pharmacy business for each licence to conduct a 5 private hospital held by it. (5) A close family member of a pharmacist must not hold a proprietary interest in more than 4 pharmacy businesses at any one time. (6) A new friendly society must not acquire, or acquire a 10 proprietary interest in, a pharmacy business, if the total number of pharmacy businesses which are owned by a new friendly society, or in which a new friendly society holds a proprietary interests, is not less than 8. (7) In subsection (6) -- 15 "new friendly society" means a friendly society that did not own, or hold a proprietary interest in, a pharmacy business in this State immediately before the commencement of this Act. Penalty: a fine of $50 000. 20 62. Pharmacist to have overall responsibility for pharmacy business (1) If the person in whose name a pharmacy is registered under section 35 is a pharmacist then that pharmacist has overall responsibility for the pharmacy business carried on at the 25 pharmacy. (2) If the person in whose name a pharmacy is registered under section 35 is not a pharmacist then that person is to appoint a pharmacist to have overall responsibility for the pharmacy business carried on at the pharmacy. 30 Penalty: a fine of $5 000. page 40 Pharmacists Bill 2006 Pharmacies Part 5 s. 63 (3) Within 7 days after appointing a pharmacist to have overall responsibility for a pharmacy under subsection (2), the person which appointed the pharmacist is to give written notice to the Board specifying -- 5 (a) the name and address of the pharmacist appointed to have overall responsibility for the pharmacy business carried on at the pharmacy; and (b) the date from which the appointment of the pharmacist commenced, or is to commence; and 10 (c) evidence that the pharmacist has agreed to the appointment. Penalty: a fine of $2 500. (4) A person must not -- (a) carry on a pharmacy business at a pharmacy; or 15 (b) practise pharmacy at a pharmacy, unless a pharmacist appointed under this section has overall responsibility for the pharmacy business carried on at the pharmacy. Penalty: 20 (a) for an individual, a fine of $5 000; (b) for a body corporate, a fine of $10 000. 63. Supervision of pharmacy business by pharmacist The following persons are to ensure that the pharmacy business carried on at a pharmacy is carried on under the personal 25 supervision of a pharmacist at all times -- (a) the person in whose name the pharmacy is registered under section 35; (b) the person appointed to have overall responsibility for the pharmacy business under section 62(2). 30 Penalty: (a) for an individual, a fine of $5 000; page 41 Pharmacists Bill 2006 Part 5 Pharmacies s. 64 (b) for a body corporate, a fine of $10 000. 64. Death or bankruptcy of pharmacist, etc. (1) Despite sections 36 and 60, where -- (a) a pharmacist dies; or 5 (b) a pharmacist is an undischarged bankrupt or his or her property is subject to an order or arrangement under the laws relating to bankruptcy; or (c) a company that owned, or held a proprietary interest in, a pharmacy business is an externally-administered body 10 corporate within the meaning of the Corporations Act, the personal legal representative of the pharmacist, or other person in accordance with the laws relating to bankruptcy or the Corporations Act, as is relevant, may for 12 months, or such further period as the Board approves in writing -- 15 (d) own, or hold a proprietary interest in, a pharmacy business; and (e) be the person in whose name the premises are registered as a pharmacy. (2) A person in whose name a pharmacy is registered under 20 subsection (1) is, after consultation with the Board, to appoint a pharmacist to have overall responsibility for the pharmacy business carried on at the pharmacy. Penalty: a fine of $5 000. (3) Within 7 days after appointing a pharmacist under 25 subsection (2), the person who appointed the pharmacist is to give written notice to the Board specifying -- (a) the name and an address of the pharmacist appointed to have overall responsibility of the pharmacy business carried on at the pharmacy; and 30 (b) the date from which the appointment of the pharmacist commenced, or is to commence; and page 42 Pharmacists Bill 2006 Pharmacies Part 5 s. 65 (c) evidence that the pharmacist has agreed to the appointment. Penalty: a fine of $1 000. (4) On a person ceasing to be a close family member of a 5 pharmacist due to death, divorce or separation -- (a) a proprietary interest held by that person in a pharmacy business is to be dealt with in accordance with the regulations; and (b) for such period as the Board approves in writing, being 10 not longer than 12 months, section 60 does not apply in respect of the proprietary interest held by that person. 65. Who may carry on a business that is not a pharmacy business at a registered pharmacy A person must not carry on a business that is not a pharmacy 15 business at a registered pharmacy unless the person is -- (a) the person in whose name the pharmacy is registered under section 35; or (b) a pharmacist who is in partnership with that person; or (c) a pharmacist who is a director of the same pharmacist 20 controlled company as that person. Penalty: (a) for an individual -- (i) for a first offence, a fine of $5 000, and for each separate and further offence committed 25 by the person under the Interpretation Act 1984 section 71, a fine of $200; (ii) for a subsequent offence, a fine of $10 000, and for each separate and further offence committed by the person under the 30 Interpretation Act 1984 section 71, a fine of $400; page 43 Pharmacists Bill 2006 Part 5 Pharmacies s. 65 (b) for a body corporate -- (i) for a first offence, a fine of $10 000, and for each separate and further offence committed by the person under the Interpretation 5 Act 1984 section 71, a fine of $400; (ii) for a subsequent offence, a fine of $20 000, for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine 10 of $800. page 44 Pharmacists Bill 2006 Disciplinary and impairment matters Part 6 Preliminary Division 1 s. 66 Part 6 -- Disciplinary and impairment matters Division 1 -- Preliminary 66. Disciplinary matters The following are disciplinary matters -- 5 (a) that a person has contravened a condition applying to that person's registration as a pharmacist or the practice of pharmacy by that person; (b) that a person was the pharmacist with overall responsibility for a pharmacy in respect of which a 10 condition imposed under section 43 has been contravened; (c) that a person in the course of his or her practise as a pharmacist -- (i) acted carelessly; or 15 (ii) acted incompetently; or (iii) acted improperly; or (iv) breached this Act; or (v) failed to comply with an undertaking given to the Board under this Act; or 20 (vi) provided services that were excessive, unnecessary or not reasonably necessary for the recipient's wellbeing; (d) that a person has been convicted of an offence the nature of which renders the person unfit to practise as a 25 pharmacist. 67. Impairment matters The following are impairment matters -- (a) that a person is affected by his or her use of or dependence on alcohol or a drug to such an extent that 30 the ability of the person to practise as a pharmacist is or is likely to be affected; page 45 Pharmacists Bill 2006 Part 6 Disciplinary and impairment matters Division 2 Committees s. 68 (b) that a person suffers from an impairment to such an extent that the ability of the person to practise as a pharmacist is or is likely to be affected. Division 2 -- Committees 5 68. Complaints assessment committee (1) The Board is to establish a committee to be known as the complaints assessment committee. (2) The complaints assessment committee is to consist of the following 3 persons appointed in writing by the Board from 10 time to time -- (a) a pharmacist (who may be a member of the Board); (b) a person who is not a pharmacist and is not qualified to be registered as a pharmacist; (c) such other person (including a pharmacist or member of 15 the Board) as the Board considers appropriate. (3) The Board is to appoint a member of the complaints assessment committee to be the committee's chairperson. (4) The complaints assessment committee is to submit an annual report to the Board as soon as is practicable after 30 June in 20 each year in respect of the functions performed by the committee during the year that ended on that day. (5) A notice or appointment authorised by this Act to be given or made by the complaints assessment committee is taken to have been given or made by the committee if it is signed on behalf of 25 the committee -- (a) by the chairperson of the committee; or (b) by some other person authorised by the committee to sign the notice or appointment. page 46 Pharmacists Bill 2006 Disciplinary and impairment matters Part 6 Complaints Division 3 s. 69 69. Impairment review committee (1) The Board may establish a committee to be known as the impairment review committee. (2) The impairment review committee is to consist of the following 5 3 persons appointed in writing by the Board from time to time -- (a) a pharmacist (who may be a member of the Board); (b) a medical practitioner; (c) such other person (including a pharmacist or member of 10 the Board) as the Board considers appropriate. (3) The Board is to appoint a member of the impairment review committee to be the committee's chairperson. (4) A notice or appointment authorised by this Act to be given or made by the impairment review committee is taken to have been 15 given or made by the committee if it is signed on behalf of the committee -- (a) by the chairperson of the committee; or (b) by some other person authorised by the committee to sign the notice or appointment. 20 Division 3 -- Complaints 70. Complaints (1) A person may lodge a complaint in relation to an impairment matter with the complaints assessment committee in relation to a person who is a pharmacist. 25 (2) A person may lodge a complaint in relation to a disciplinary matter with the complaints assessment committee in relation to -- (a) a person who is registered as a pharmacist; or (b) a person who was registered as a pharmacist when the 30 disciplinary matter allegedly occurred, but who is no longer registered as a pharmacist. page 47 Pharmacists Bill 2006 Part 6 Disciplinary and impairment matters Division 3 Complaints s. 71 (3) If the Director refers a complaint to the Board under the Health Services (Conciliation and Review) Act 1995 section 31 or 43(3), the Board is to refer the complaint to the complaints assessment committee. 5 (4) The complaints assessment committee may determine that an impairment matter or a disciplinary matter is to be dealt with as if it were the subject of a complaint lodged with the committee, despite no complaint having been made to it. (5) The complaints assessment committee is not to make a 10 determination under subsection (4) unless it is of the opinion that -- (a) in respect of a person who is a pharmacist when the determination is made, there is cause to investigate whether an impairment matter or a disciplinary matter 15 exists or has occurred; or (b) in respect of a person who was a pharmacist when a disciplinary matter allegedly occurred, there is cause to investigate whether a disciplinary matter occurred. 71. Complaints assessment committee to determine action 20 required (1) The complaints assessment committee is to decide in respect of a complaint -- (a) if the committee is of the opinion that the complaint requires action under Division 4, to refer it to the Board 25 for action under that Division; or (b) to reject the complaint under section 72; or (c) in the case of a complaint relating to a disciplinary matter, to deal with the complaint under subsection (3) or section 76; or 30 (d) in the case of a complaint relating to an impairment matter, to refer the complaint to the impairment review committee. page 48 Pharmacists Bill 2006 Disciplinary and impairment matters Part 6 Summary orders of Board Division 4 s. 72 (2) To enable the complaints assessment committee to make a decision under subsection (1) the committee may make such inquiries as it considers appropriate. (3) If the complaint relates to a disciplinary matter referred to in 5 section 66(c)(v), the complaints assessment committee may recommend to the Board that it make an allegation to the State Administrative Tribunal based on the complaint that gave rise to the undertaking. 72. Complaints assessment committee may reject certain 10 complaints (1) The complaints assessment committee may at any time before deciding to -- (a) refer a complaint to the impairment review committee under section 71(1)(d); or 15 (b) make a recommendation to the Board under section 71(3) or 76, reject a complaint if it is of the opinion that the complaint is frivolous, vexatious or without substance. (2) Within 7 days of making a decision under subsection (1), the 20 complaints assessment committee is to give written notice to the complainant, if any, that the complaint is rejected and in the notice is to give short particulars of the reasons for its decision. Division 4 -- Summary orders of Board 73. Interim orders by Board 25 (1) If the Board is of the opinion that an activity of a pharmacist involves or will involve a risk of imminent injury or harm to the physical or mental health of any person, the Board may, without further inquiry, do any or all of the following -- (a) give to the pharmacist who is carrying on that activity an 30 order prohibiting the carrying on of the activity for a period of not more than 30 days; page 49 Pharmacists Bill 2006 Part 6 Disciplinary and impairment matters Division 4 Summary orders of Board s. 73 (b) give to the pharmacist an order to comply, for a period of not more than 30 days, with such conditions as the Board thinks fit in relation to the practice of pharmacy by that pharmacist; 5 (c) give to the pharmacist an order suspending the person from the practice of pharmacy, either generally or in relation to any specified circumstances or service, for a period of not more than 30 days. (2) An order made under subsection (1) must -- 10 (a) state that the Board is of the opinion that the activity of the pharmacist involves or will involve a risk of imminent injury or harm to the physical or mental health of any person; and (b) specify the activity that in the Board's opinion involves 15 or will involve the risk and the matters that give or will give rise to the risk; and (c) advise that, within 14 days of the making of the order, the Board will revoke the order or make an allegation about the matter to the State Administrative Tribunal. 20 (3) The Board may, by subsequent order given to the person to whom an order made under subsection (1) was given, revoke or vary the original order at any time before making an allegation about the matter to the State Administrative Tribunal under section 74. 25 (4) The Board may deal under this section with a complaint even if -- (a) the Board, the impairment review committee or the complaints assessment committee is already dealing with the complaint, or a complaint including elements of 30 the first-mentioned complaint, under this Act; or (b) the same complaint, or a complaint including elements of the first-mentioned complaint before the Board, has been made under the Health Services (Conciliation and Review) Act 1995 or is being treated as a complaint that 35 was made under that Act. page 50 Pharmacists Bill 2006 Disciplinary and impairment matters Part 6 Disciplinary matters Division 5 s. 74 74. Complaint dealt with summarily to be referred to the State Administrative Tribunal (1) Within 14 days of making an order under section 73, if that order is not revoked under section 73(3), the Board is to -- 5 (a) make an allegation about the matter in respect of which the order was made to the State Administrative Tribunal; and (b) order that any other proceedings under this Part in respect of the matter commenced before the making of 10 the order be discontinued. (2) Upon an allegation made under subsection (1) the State Administrative Tribunal may, in addition to any other order it may make, affirm or revoke an order under section 73(1) or vary the order by extending the period for which it applies or in 15 any other respect. 75. Complaint not dealt with summarily to be referred to relevant committee If the Board does not make an order under section 73 in respect of a complaint referred to it under section 71(1)(a) then the 20 Board is to -- (a) refer the complaint to the complaints assessment committee, if the complaint relates to a disciplinary matter; or (b) refer the complaint to the impairment review committee, 25 if the complaint relates to an impairment matter. Division 5 -- Disciplinary matters 76. Investigation and recommendation (1) If the complaints assessment committee has made a decision to deal with a complaint relating to a disciplinary matter under this 30 section or has had a complaint referred back to it under section 75, the complaints assessment committee is to investigate the complaint. page 51 Pharmacists Bill 2006 Part 6 Disciplinary and impairment matters Division 5 Disciplinary matters s. 77 (2) On completion of the investigation the complaints assessment committee is to make a recommendation to the Board -- (a) to make a summary order under Division 4 (unless the complaint has been referred back to the committee under 5 section 75); or (b) if the complaint comes within the Health Services (Conciliation and Review) Act 1995 section 25, not being a complaint referred to the Board under section 31 or 43(3) of that Act, to give a copy of the complaint to 10 the Director; or (c) if paragraph (b) does not apply, to attempt to settle the complaint by conciliation; or (d) to caution or reprimand the respondent; or (e) to accept an undertaking from the respondent to take or 15 refrain from action specified in the recommendation; or (f) to make an allegation about the complaint to the State Administrative Tribunal; or (g) to take no further action. (3) The complaints assessment committee is not to make a 20 recommendation under subsection (2)(c) unless it is satisfied that the matter can be dealt with satisfactorily by informal procedures. (4) The complaints assessment committee may recommend to the Board that it take action under both subsection (2)(d) and (e) in 25 respect of a complaint. 77. Role of Board (1) The Board is to consider the recommendation of the complaints assessment committee under section 76(2) and may either -- (a) act on the recommendation of the complaints assessment 30 committee; or (b) take action of a kind referred to in section 76(2) other than that recommended by the complaints assessment committee. page 52 Pharmacists Bill 2006 Disciplinary and impairment matters Part 6 Disciplinary matters Division 5 s. 78 (2) The Board is not to take action of a kind referred to in section 76(2)(c) unless it is satisfied that the matter can be dealt with satisfactorily by informal procedures. (3) The Board may take action under both section 76(2)(d) and (e) 5 in respect of a complaint. (4) Within 7 days of making a decision under subsection (1), the Board is to give written notice to the complainant, if any, and the respondent of the action proposed to be taken by the Board together with short particulars of the reasons for the decision. 10 78. Alternative to making allegation to the State Administrative Tribunal (1) If the Board -- (a) is of the opinion that a proceeding before the State Administrative Tribunal is not warranted by the nature 15 of the allegation; and (b) has afforded to the person concerned the opportunity of giving an explanation to the Board either in person or in writing and is not satisfied by any explanation offered; and 20 (c) has afforded to the person concerned the option of the matter proceeding before the State Administrative Tribunal and that option has not been taken up, the Board, instead of making an allegation to the State Administrative Tribunal under section 77(1), may do one or 25 more of the following -- (d) if the person is a pharmacist, order that the particulars entered in the register in relation to that person be amended; (e) caution or reprimand that person; page 53 Pharmacists Bill 2006 Part 6 Disciplinary and impairment matters Division 6 Impairment matters s. 79 (f) if the person is a pharmacist, require that person to give an undertaking to the Board, either with or without security, for such period as is specified -- (i) in relation to his or her future conduct as a 5 pharmacist; (ii) to comply with such conditions as are specified in relation to his or her practice of pharmacy; (g) order that person to pay to the Board a penalty not exceeding a fine of $2 500. 10 (2) The Board may, in addition to or instead of imposing one or more of the penalties specified in subsection (1), order the person concerned to pay such costs and expenses of or incidental to the proceedings as the Board thinks fit. (3) Where any penalty, costs or expenses are ordered to be paid 15 under this section the amount ordered to be paid is recoverable in any court of competent jurisdiction as a debt due to the Board. (4) Within 7 days of making a decision under subsection (1)(d) to (g) or (2), the Board is to give written notice to the 20 complainant, if any, and the respondent of the decision together with short particulars of the reasons for the decision. Division 6 -- Impairment matters 79. Request by pharmacist for imposition of condition (1) A pharmacist who believes that his or her ability to practise 25 pharmacy is affected because of an impairment matter may ask the Board to impose a condition with respect to his or her registration as a pharmacist. (2) If the Board and the pharmacist agree on the condition to be imposed, the Board is to impose the condition with respect to 30 the registration of the pharmacist. page 54 Pharmacists Bill 2006 Disciplinary and impairment matters Part 6 Impairment matters Division 6 s. 80 (3) If the Board and the pharmacist do not agree on the condition to be imposed, the Board is to refer the matter to the impairment review committee for investigation under this Division. 80. Revocation of condition 5 The Board may revoke a condition imposed under section 79 if the pharmacist satisfies the impairment review committee that his or her ability to practise pharmacy is no longer affected because of the impairment matter that gave rise to the imposition of the condition. 10 81. Investigation The impairment review committee is to investigate a complaint referred to it. 82. Pharmacist to be notified about investigation (1) The impairment review committee is to give written notice of 15 the investigation to the pharmacist to whom the complaint relates. (2) The notice must -- (a) advise the pharmacist of the nature of the impairment matter to be investigated; and 20 (b) if the impairment review committee considers that an examination of the pharmacist is necessary, ask the pharmacist to advise the committee as to whether or not he or she will agree to undergo an examination relating to the impairment matter within a period specified by 25 the committee in the notice; and (c) contain a brief summary of the effect of this Division. 83. Examination (1) If the pharmacist agrees to undergo an examination within the period specified in the notice under section 82(2)(b), the 30 pharmacist is to be examined by a medical practitioner agreed upon by the impairment review committee and the pharmacist. page 55 Pharmacists Bill 2006 Part 6 Disciplinary and impairment matters Division 6 Impairment matters s. 84 (2) If the impairment review committee and the pharmacist are unable to agree upon the person to conduct the examination, the Board is to appoint a medical practitioner to perform the examination. 5 (3) The Board is to pay for an examination conducted under this section and a report provided under section 84. (4) If the pharmacist does not agree to undergo an examination within the period specified in the notice under section 82(2)(b) or does not abide by an agreement to undergo such an 10 examination, the impairment review committee is to recommend to the Board that the Board make an allegation about the complaint to the State Administrative Tribunal. 84. Report of examination (1) A medical practitioner who conducts an examination under 15 section 83 is to give a report of the examination to the impairment review committee and, not more than 7 days later, the committee is to give a copy of the report to the pharmacist. (2) Despite subsection (1), if it appears to the impairment review committee that the disclosure to the pharmacist of information 20 in the report might be prejudicial to the physical or mental health or wellbeing of the pharmacist, the committee may decide not to give that report to the pharmacist but to give it instead to a medical practitioner or a pharmacist nominated by the pharmacist. 25 (3) If the pharmacist does not nominate a medical practitioner or another pharmacist to the impairment review committee within 7 days of being requested to do so by the committee, the committee may give the report to a medical practitioner or pharmacist selected by the committee. 30 (4) The pharmacist may make written representations to the impairment review committee with respect to the report within 7 days after the report is given to him or her or the medical practitioner or pharmacist nominated by him or her or selected by the committee. page 56 Pharmacists Bill 2006 Disciplinary and impairment matters Part 6 Impairment matters Division 6 s. 85 85. Role of the impairment review committee (1) On completion of the investigation of a pharmacist and after considering -- (a) any report given to the committee under section 84(1); 5 and (b) any representations made by the pharmacist under section 84(4), the impairment review committee is to decide whether or not further action should be taken. 10 (2) If the impairment review committee decides that further action should be taken, it is to request that the pharmacist consent -- (a) to the imposition of conditions on his or her registration as a pharmacist; or (b) to being suspended from the practice of pharmacy for a 15 period, not exceeding 2 years, specified by the impairment review committee; or (c) to undergo counselling specified by the impairment review committee. (3) If the impairment review committee decides that no further 20 action should be taken it is to give written advice to that effect to -- (a) the Board; and (b) the complainant, if any; and (c) the pharmacist. 25 86. Recommendation (1) If the pharmacist does not consent to a request made under section 85(2) within 10 days of the request being made, the impairment review committee is to recommend to the Board that the Board make an allegation about the complaint to the 30 State Administrative Tribunal. page 57 Pharmacists Bill 2006 Part 6 Disciplinary and impairment matters Division 6 Impairment matters s. 87 (2) If the pharmacist does consent to a request made under section 85(2) within 10 days of the request being made, the impairment review committee is to recommend to the Board that the Board take any action to which the pharmacist 5 consented. (3) A recommendation made under subsection (1) or (2) must be made in writing and contain details of the committee's investigation of the pharmacist. 87. Role of Board 10 (1) The Board is to consider a recommendation of the impairment review committee and may -- (a) decide not to take any action; or (b) take any action to which the pharmacist consented under section 85(2); or 15 (c) make an allegation about the complaint to the State Administrative Tribunal. (2) For the purpose of taking action to which the pharmacist consented under section 85(2), the Board may -- (a) impose the conditions to which the pharmacist 20 consented; or (b) suspend the pharmacist from the practice of pharmacy for the period specified by the impairment review committee; or (c) obtain an undertaking from the pharmacist to undergo 25 the counselling specified by the impairment review committee, as the case may require. (3) Within 7 days of making a decision under subsection (1) or (2) the Board is to give written notice to the pharmacist and the 30 complainant, if any, of the decision made by the Board together with short particulars of the reasons for the decision. page 58 Pharmacists Bill 2006 Disciplinary and impairment matters Part 6 Investigator's role and powers Division 7 s. 88 Division 7 -- Investigator's role and powers 88. Definition In this Division -- "appointing body", in relation to an investigator, means the 5 Board or the complaints assessment committee which appointed the investigator. 89. Investigator (1) The Board or the complaints assessment committee may appoint a person to investigate a complaint and report to the Board or 10 committee. (2) An appointing body is to issue to each investigator it appoints a certificate of appointment in an approved form. (3) A certificate purporting to have been issued under this section is evidence in any court of the appointment to which the certificate 15 purports to relate. 90. Report of investigator (1) An investigator is to -- (a) within such period as the appointing body requires, prepare a report on the investigation, and make 20 recommendations as to the manner in which the complaint should be dealt with; and (b) immediately after preparing the report, provide the appointing body with a copy of the report. (2) The investigator is to return his or her certificate of appointment 25 at the time the appointing body is provided with a copy of the report. page 59 Pharmacists Bill 2006 Part 6 Disciplinary and impairment matters Division 7 Investigator's role and powers s. 91 91. Powers of investigator (1) An investigator may for the purposes of an investigation -- (a) enter and inspect the premises named in a warrant issued under section 93(1), and exercise the powers authorised 5 under section 93(2)(b) and (c); and (b) require a person to produce to the investigator any document or other thing concerning the investigation that is in the possession or under the control of the person; and 10 (c) inspect any document or other thing produced to the investigator and retain it for such reasonable period as the investigator thinks fit, and make copies of a document or any of its contents; and (d) require a person -- 15 (i) to give the investigator such information as the investigator requires; and (ii) to answer any question put to that person, in relation to the matter the subject of the investigation; and 20 (e) exercise other powers conferred on an investigator by the regulations. (2) A requirement made under subsection (1)(b) -- (a) must be made by notice in writing given to the person required to produce the document or other thing; and 25 (b) must specify the time at or within which the document or other thing is to be produced; and (c) may, by its terms, require that the document or other thing required be produced at a place and by means specified in the requirement; and 30 (d) where the document required is not in a readable format, is to be treated as a requirement to produce -- (i) the document itself; and page 60 Pharmacists Bill 2006 Disciplinary and impairment matters Part 6 Investigator's role and powers Division 7 s. 91 (ii) the contents of the document in a readable format. (3) A requirement made under subsection (1)(d) -- (a) may be made orally or by notice in writing served on the 5 person required to give information or answer a question, as the case may be; and (b) must specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and 10 (c) may, by its terms, require that the information or answer required -- (i) be given orally or in writing; or (ii) be given at or sent or delivered to a place specified in the requirement; or 15 (iii) in the case of written information or answers be sent or delivered by means specified in the requirement; or (iv) be verified by statutory declaration. (4) If under subsection (1)(b) an investigation requires a person to 20 produce a document or other thing, the investigator is to inform the person that the person is required under this Act to produce the document or other thing. (5) If under subsection (1)(d) an investigator requires a person to give information or answer a question, the investigator is to 25 inform that person that the person is required under this Act to give the information or answer the question. (6) An investigator is to produce his or her certificate of appointment if requested to do so by a person in respect of whom the investigator has exercised, or is about to exercise, a 30 power under this section. page 61 Pharmacists Bill 2006 Part 6 Disciplinary and impairment matters Division 7 Investigator's role and powers s. 92 92. Warrant to enter premises (1) If the Board has determined in a particular case that an investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of substantiating a 5 complaint that may involve a threat to the physical or mental health of a person, the investigator may apply to a magistrate for a warrant to be issued in respect of those premises. (2) An application for a warrant must -- (a) be in writing; and 10 (b) be accompanied by a notice in writing from the Board stating that it has determined in the particular case that the investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of substantiating a complaint that may involve a threat to 15 the physical or mental health of a person; and (c) set out the grounds for seeking the warrant; and (d) describe the premises that are to be entered. (3) A magistrate to whom an application is made under this section is to refuse it if -- 20 (a) the application does not comply with the requirements of this Act; or (b) when required to do so by the magistrate, the investigator does not give to the magistrate more information about the application. 25 (4) The information in an application given to a magistrate under this section must be verified before the magistrate on oath or affirmation or by affidavit, and the magistrate may for that purpose administer an oath or affirmation or take an affidavit. page 62 Pharmacists Bill 2006 Disciplinary and impairment matters Part 6 Investigator's role and powers Division 7 s. 93 93. Issue of warrant (1) A magistrate to whom an application is made under section 92 may issue a warrant, if satisfied that there are reasonable grounds for believing that entry and inspection of the premises 5 are necessary for the purpose referred to in that section. (2) A warrant under subsection (1) authorises the investigator -- (a) to enter and inspect the premises named in the warrant; and (b) to require a person on the premises to answer questions 10 or produce documents or other things concerning the investigation that are in the possession or under the control of the person; and (c) to inspect documents and other things, and take copies of or extracts from documents, produced in compliance 15 with a requirement made under paragraph (b). (3) There must be stated in a warrant -- (a) the purpose for which the warrant is issued; and (b) the name of the person to whom the warrant is issued; and 20 (c) a description of the premises that may be entered. (4) A magistrate who issues a warrant is to cause a record to be made of particulars of the grounds that the magistrate has relied on to justify the issue of the warrant. 94. Execution of warrant 25 (1) If asked by an occupier, or a person in charge, of premises, the person executing a warrant at those premises is to produce it for inspection. (2) A warrant ceases to have effect -- (a) at the end of the period of one month after its issue; or 30 (b) if it is withdrawn by the magistrate who issued it; or page 63 Pharmacists Bill 2006 Part 6 Disciplinary and impairment matters Division 8 Conciliation s. 95 (c) when it is executed, whichever occurs first. Division 8 -- Conciliation 95. Conciliation process 5 (1) If an attempt is to be made to settle a complaint by conciliation, the Board is to refer the complaint to the complaints assessment committee. (2) The complaints assessment committee is to commence conciliation procedures within 14 days of the complaint being 10 referred to it under subsection (1) and may for that purpose -- (a) cause conferences of the complainant or person affected by the conduct of the respondent and the respondent, or their representatives, to be arranged and to be presided over by a person appointed in accordance with the 15 regulations; and (b) give advice and make recommendations to assist in the reaching of an agreement; and (c) cause the persons concerned, or any of them, either separately or together, to appear before the complaints 20 assessment committee. (3) The Board may, with the consent of each of the parties to that agreement, by order give effect to an agreement negotiated under this Division. (4) If the Board makes an order under subsection (3) -- 25 (a) the terms of the agreement reached between the parties referred to in the order are final and binding on those parties; and (b) the order may include any action that might have been taken by the State Administrative Tribunal under 30 section 97(1) or 98(1). page 64 Pharmacists Bill 2006 Disciplinary and impairment matters Part 6 Role of the State Administrative Tribunal Division 9 s. 96 (5) Evidence of anything lawfully said or done, or any record prepared and produced for the purpose of conciliation, by a person in the course of the conciliation process is not to be used in any subsequent consideration of the complaint by the Board 5 nor, unless that person waives the right to object, is it admissible in evidence against that person in any subsequent civil proceedings concerning the subject matter of the complaint. 96. Action if conciliation fails If -- 10 (a) the conciliation process fails to result in an agreement between the complainant or other person affected by the conduct of the respondent and the respondent; or (b) the Board is satisfied that the parties are not cooperating with the conciliation process; or 15 (c) the Board is not satisfied with the result of the conciliation process, the Board is to -- (d) make a summary order under Division 4; or (e) investigate the complaint; or 20 (f) make an allegation about the complaint to the State Administrative Tribunal. Division 9 -- Role of the State Administrative Tribunal 97. Powers of the State Administrative Tribunal on dealing with a disciplinary matter 25 (1) If, in a proceeding commenced by an allegation under this Act, the State Administrative Tribunal is of the opinion that a disciplinary matter exists in relation to a person, the Tribunal may do one or more of the following -- (a) decline to make an order or a requirement under this 30 subsection; page 65 Pharmacists Bill 2006 Part 6 Disciplinary and impairment matters Division 9 Role of the State Administrative Tribunal s. 97 (b) order the registrar to amend the particulars entered in the register in respect of the person; (c) caution or reprimand the person; (d) require the person -- 5 (i) if the client agrees, to provide further services to a client at no cost or at an amount determined by the Tribunal; or (ii) to pay, wholly or in part, for further services to be provided to a client by another pharmacist; or 10 (iii) to reduce or refund the amount of any fees paid in respect of services provided to a client, to such an extent as is determined by the Tribunal; (e) order that the person comply with such conditions as the Tribunal may impose on the registration of that person 15 as a pharmacist; (f) require the person to complete educational or clinical courses, or both, as specified in the order or to practise under supervision as specified in the order for a period specified in the order; 20 (g) require the person to seek and implement, within a period specified in the order, advice from a person or persons specified in the order in relation to the management and conduct of the person's practice of pharmacy or the specific part or aspect of that practice 25 specified in the order; (h) order the person to pay a penalty not exceeding a fine of $25 000; (i) order that the person's registration as a pharmacist be cancelled and name be removed from the register; 30 (j) order that the person be suspended from the practice of pharmacy, either generally or in relation to any specified circumstances or service, for a period, not exceeding 2 years, specified in the order. page 66 Pharmacists Bill 2006 Disciplinary and impairment matters Part 6 Role of the State Administrative Tribunal Division 9 s. 98 (2) If, in a proceeding commenced by an allegation under this Act against a person who was a pharmacist when the disciplinary matter allegedly occurred but who is no longer a pharmacist, the State Administrative Tribunal is of the opinion that a 5 disciplinary matter exists in relation to the person, the only powers that the Tribunal may exercise are the powers in subsection (1)(a), (c), (d)(ii) and (iii) and (h). (3) If, during the course of hearing an allegation in respect of a disciplinary matter, the State Administrative Tribunal 10 determines that the allegation involves an impairment matter, the Tribunal may deal with it under section 98(1) instead of under this section. 98. Powers of the State Administrative Tribunal on dealing with an impairment matter 15 (1) If, in a proceeding commenced by an allegation under section 87(1)(c), the State Administrative Tribunal is of the opinion that an impairment matter exists in relation to a person, the Tribunal may do one or more of the following -- (a) decline to make an order or a requirement under this 20 subsection; (b) order that the person comply with such conditions as the Tribunal may impose on the registration of that person as a pharmacist; (c) require the person to seek and undergo medical 25 treatment or counselling specified by the Tribunal; (d) order that the person be suspended from the practice of pharmacy, either generally or in relation to any specified circumstances or service, for the period of time, not exceeding 2 years, specified by the State Administrative 30 Tribunal in the order. (2) If, during the course of hearing an allegation in respect of an impairment matter, the State Administrative Tribunal determines that the allegation involves a disciplinary matter, the Tribunal may deal with it under section 97(1) or (2) instead of 35 under this section. page 67 Pharmacists Bill 2006 Part 6 Disciplinary and impairment matters Division 10 Miscellaneous s. 99 Division 10 -- Miscellaneous 99. Suspension (1) Subject to subsection (3)(b), if, under section 73(1)(c), 87(2)(b), 97(1)(j) or 98(1)(d), a person is suspended from the practice of 5 pharmacy generally, the person is to be regarded as not being registered as a pharmacist during the period of the suspension. (2) Subject to subsection (3)(b), if, under section 73(1)(c), 97(1)(j) or 98(1)(d), a person is suspended from the practice of pharmacy in relation to any specified circumstances or service, 10 the person is to be regarded as not being registered as a pharmacist during the period of the suspension in relation to the circumstances or the performance of the service specified in the order of suspension. (3) If a person suspended from the practice of pharmacy -- 15 (a) is a person with overall responsibility for pharmacy business carried on at a pharmacy under section 62 then, the person in whose name the pharmacy is registered is -- (i) as soon as is practicable after the pharmacist is 20 suspended, but in any event not later than 5 days after the suspension, to appoint another pharmacist to have overall responsibility for the pharmacy business carried on at that pharmacy; and 25 (ii) notify the Board in accordance with section 62(3); or (b) for a period of 12 months or less, owns, or holds a proprietary interest in, a pharmacy business then the 30 person is to be regarded as being registered as a pharmacist for the purpose of section 60 and, subject to this Act, may continue to own, or hold the interest in, the pharmacy business for the period of the suspension. page 68 Pharmacists Bill 2006 Disciplinary and impairment matters Part 6 Miscellaneous Division 10 s. 100 (4) The Board may, by notice in writing, revoke a suspension, either generally or to a specified extent, and may direct in the notice that the revocation has effect from a date specified in the notice. 5 (5) The Board cannot revoke a suspension that was imposed by the State Administrative Tribunal under section 97(1)(j) or 98(1)(d) unless it has applied for, and obtained, the approval of the Tribunal to do so. 100. Costs and recovery 10 (1) The Board may, in addition to or instead of exercising a power under section 77(1), order the respondent to pay such costs and expenses of or arising from the investigation and exercise of that power as the Board thinks fit. (2) Any costs or expenses ordered to be paid under this section are 15 recoverable by the Board in a court of competent jurisdiction as a debt due to the Board. page 69 Pharmacists Bill 2006 Part 7 Offences s. 101 Part 7 -- Offences 101. Persons who may practise pharmacy A person must not practise pharmacy unless that person is registered as a pharmacist under section 26. 5 Penalty: (a) for an individual -- (i) for a first offence, a fine of $5 000, and for each separate and further offence committed by the person under the Interpretation 10 Act 1984 section 71, a fine of $200; (ii) for a subsequent offence, a fine of $10 000, and for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine 15 of $400; (b) for a body corporate -- (i) for a first offence, a fine of $10 000, and for each separate and further offence committed by the person under the Interpretation 20 Act 1984 section 71, a fine of $400; (ii) for a subsequent offence, a fine of $20 000, for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine 25 of $800. 102. Persons who may be employed or engaged to practise pharmacy A person must not employ or engage a person to practise pharmacy unless the person employed or engaged is registered 30 as a pharmacist under section 26. page 70 Pharmacists Bill 2006 Offences Part 7 s. 103 Penalty: (a) for an individual -- (i) for a first offence, a fine of $5 000, and for each separate and further offence committed 5 by the person under the Interpretation Act 1984 section 71, a fine of $200; (ii) for a subsequent offence, a fine of $10 000, and for each separate and further offence committed by the person under the 10 Interpretation Act 1984 section 71, a fine of $400; (b) for a body corporate -- (i) for a first offence, a fine of $10 000, and for each separate and further offence committed 15 by the person under the Interpretation Act 1984 section 71, a fine of $400; (ii) for a subsequent offence, a fine of $20 000, and for each separate and further offence committed by the person under the 20 Interpretation Act 1984 section 71, a fine of $800. 103. Exceptions to sections 101 and 102 For the purposes of sections 101 and 102, a person is not practising pharmacy only because -- 25 (a) the person is a student or trainee; or (b) the person employs or engages a person who practises pharmacy. 104. Restrictions on employment of person suspended from practice or whose registration is cancelled 30 A person is not to employ or engage in any capacity in a pharmacy business a person -- (a) who is suspended generally from the practice of pharmacy; or page 71 Pharmacists Bill 2006 Part 7 Offences s. 105 (b) whose registration is cancelled, other than under section 49. Penalty: (a) for an individual -- 5 (i) for a first offence, a fine of $5 000, and for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine of $200; (ii) for a subsequent offence, a fine of $10 000, 10 and for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine of $400; (b) for a body corporate -- 15 (i) for a first offence, a fine of $10 000, and for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine of $400; (ii) for a subsequent offence, a fine of $20 000, 20 and for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine of $800. 105. Use of restricted titles, or pretending to be registered 25 (1) In this section -- "restricted title" means -- (a) "pharmacist", "pharmaceutical chemist", "pharmaceutist", "chemist", "druggist"; or (b) such other title, if any, as is prescribed by the rules as 30 a restricted title. page 72 Pharmacists Bill 2006 Offences Part 7 s. 105 (2) A person must not -- (a) use a restricted title unless the person is a pharmacist; or (b) advertise or otherwise hold out or imply, that the person is registered as a pharmacist unless the person is a 5 pharmacist; or (c) advertise or otherwise hold out or imply that the person is entitled, either alone or with others, to practise pharmacy, unless the person is a pharmacist registered under section 26. 10 (3) Subsection (2)(a) does not prohibit -- (a) a person who holds a qualification in chemistry, obtained from a university or other tertiary institution, from using the title "chemist"; or (b) a student or trainee from using a restricted title in 15 conjunction with the word "student" or "trainee". (4) A person must not -- (a) use the title "pharmacy" in respect of a business that the person is carrying on unless -- (i) the business is a pharmacy business; and 20 (ii) the person is entitled under section 60(1) to own, or hold a proprietary interest in, such a business; or (b) advertise or otherwise hold out or imply that premises at which the person is carrying on a business are a 25 pharmacy unless -- (i) the premises at which the business is carried on are registered as a pharmacy; and (ii) the business is a pharmacy business; and (iii) the person is entitled under section 60(1) to own, 30 or hold a proprietary interest in, such a business. page 73 Pharmacists Bill 2006 Part 7 Offences s. 106 Penalty: (a) for a first offence -- (i) a fine of $2 500; (ii) for each separate and further offence 5 committed by the person under the Interpretation Act 1984 section 71, a fine of $100; (b) for a subsequent offence -- (i) a fine of $5 000; 10 (ii) for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine of $200. 106. Provision of pharmaceutical services by unregistered person 15 in an emergency or by defence force pharmacist It is a defence to a prosecution of a natural person for an offence against section 101 or 105(2) to prove that -- (a) the person -- (i) is entitled to practise pharmacy under the laws of 20 another State or a territory; and (ii) acted to provide assistance to a person in apparent need of emergency pharmaceutical assistance; or 25 (b) the person is entitled to practise pharmacy under the laws of another State or a territory and is a pharmacist -- (i) with any of the defence forces of the Commonwealth; and 30 (ii) who practises pharmacy for the benefit only of the defence forces of the Commonwealth, visiting defence forces or officers of the Commonwealth Department of Defence. page 74 Pharmacists Bill 2006 Offences Part 7 s. 107 107. Undue influence A person must not cause or induce a pharmacist to do any thing in the course of practising pharmacy that the person is aware, or ought reasonably to be aware, is conduct that would constitute a 5 disciplinary matter. Penalty: (a) for an individual, a fine of $5 000; (b) for a body corporate, a fine of $10 000. 108. Failure to comply with disciplinary action 10 A person must not contravene or fail to comply with an order of the Board given to that person under section 73 or 78. Penalty: (a) for an individual, a fine of $5 000; (b) for a body corporate, a fine of $10 000. 15 109. False or misleading information (1) A person must not do any of the things set out in subsection (2) -- (a) in relation to an application; or (b) in relation to the compliance, or purported compliance, 20 with any requirement of this Act to give the Board or the registrar advice or information; or (c) in relation to an attempt at conciliation under section 95. Penalty: a fine of $24 000 or imprisonment for 2 years. (2) Subsection (1) applies to the following things -- 25 (a) making a statement which the person knows is false or misleading in a material particular; (b) making a statement which is false or misleading in a material particular, with reckless disregard as to whether or not the statement is false or misleading in a material 30 particular; page 75 Pharmacists Bill 2006 Part 7 Offences s. 110 (c) providing, or causing to be provided, information that the person knows is false or misleading in a material particular; (d) providing, or causing to be provided, information that is 5 false or misleading in a material particular, with reckless disregard as to whether the information is false or misleading in a material particular. 110. Offences in relation to investigations (1) Where under section 91 a person is required to give any 10 information, answer any question, or produce any document or other thing and that person, without reasonable excuse (proof of which lies on the person) -- (a) fails to give that information or answer that question at or within the time specified in the requirement; or 15 (b) gives any information or answer that is false in any particular; or (c) fails to produce that document or other thing at or within the time specified in the requirement, the person commits an offence. 20 Penalty: (a) for an individual, a fine of $5 000; (b) for a body corporate, a fine of $10 000. (2) It is a defence to a prosecution for an offence against subsection (1)(a) or (c) for the accused to show -- 25 (a) that, in the case of an alleged offence arising out of a requirement made orally under section 91, the investigator did not, when making the requirement, inform the accused that he or she was required under this Act to give the information or answer the question, 30 as the case may be; or (b) that, in the case of an alleged offence arising out of a requirement made by notice in writing under section 91, the notice did not state that he or she was required under page 76 Pharmacists Bill 2006 Offences Part 7 s. 111 this Act to give the information, answer the question, or produce the document or other thing, as the case may be; or (c) that the time specified in the requirement did not afford 5 the accused sufficient notice to enable him or her to comply with the requirement; or (d) that, in any case, the investigator did not, before making the requirement, have reasonable grounds to believe that compliance with the requirement would materially assist 10 in the investigation being carried out. 111. Obstruction of investigator A person shall not prevent or attempt to prevent an investigator from entering premises or otherwise obstruct or impede an investigator in the exercise of his or her powers under 15 section 91. Penalty: (a) for an individual, a fine of $5 000; (b) for a body corporate, a fine of $10 000. 112. Assistance to execute warrant 20 A pharmacist and any person -- (a) who employs or engages the pharmacist to practise pharmacy; or (b) who is employed or engaged by a pharmacist; or (c) with whom the pharmacist practises pharmacy in 25 partnership, at the premises named in a warrant are to provide all reasonable assistance to an investigator executing the warrant at the premises. Penalty: 30 (a) for an individual, a fine of $2 500; (b) for a body corporate, a fine of $5 000. page 77 Pharmacists Bill 2006 Part 7 Offences s. 113 113. Incriminating information, questions or documents An individual is not excused from complying with a requirement under section 91 on the ground that the answer to a question or the production of a document or other thing might 5 incriminate the individual or render the individual liable to a penalty, but neither -- (a) an answer given by the individual that was given to comply with the requirement; nor (b) the fact that a document or other thing produced by the 10 individual to comply with the requirement was produced, is admissible in evidence in any civil or criminal proceedings against the individual other than proceedings for an offence against section 110(1)(b). 15 114. Legal professional privilege Nothing in Part 6 or this Part prevents a person from refusing to answer a question, provide information or produce a document or other thing because the answer or information would relate to, or the document or thing contains, information in respect of 20 which the person claims legal professional privilege. 115. Vending machines not to be used to obtain medicines or drugs (1) In this section -- "medicine or drug" means any substance prescribed by the 25 regulations as being a medicine or drug for the purposes of this definition; "vending machine" means a machine or device from which goods may be obtained by an operation that involves the insertion in that machine or device of money or a token, 30 card or similar object. page 78 Pharmacists Bill 2006 Offences Part 7 s. 115 (2) A person must not -- (a) place, or cause or permit to be placed, a vending machine containing medicine or drugs on any premises; or 5 (b) supply or sell any medicine or drug by means of a vending machine; or (c) permit a person to purchase, be supplied with or otherwise obtain, any medicine or drug by means of a vending machine. 10 Penalty: (a) for an individual, a fine of $5 000; (b) for a body corporate, a fine of $10 000. page 79 Pharmacists Bill 2006 Part 8 Codes of practice, rules and regulations s. 116 Part 8 -- Codes of practice, rules and regulations 116. Codes of practice (1) The Board may, with the approval of the Minister, issue codes of practice for the practice of pharmacy and the conduct of 5 pharmacists. (2) The code of practice may adopt the provisions of other publications, whether with or without modification or addition and whether in force at a particular time or from time to time. (3) A breach of a code of practice does not of itself constitute a 10 disciplinary matter for the purposes of section 66 but in any proceedings under Part 6 such a breach may be asserted and may be taken into account in determining any question that arises under that Part. (4) Except as provided in subsection (3), no civil or criminal 15 liability attaches to a person by reason only that the person has committed a breach of a code of practice. (5) The Interpretation Act 1984 sections 41, 42, 43 and 44 apply to the code of practice as if the code of practice were regulations. 117. Rules 20 (1) The Board may make rules prescribing all matters required or permitted by this Act to be prescribed by rules or necessary or convenient to be prescribed for carrying out this Act. (2) Without limiting subsection (1), rules may be made for all or any of the following purposes -- 25 (a) providing for the Board to conduct examinations of applicants for registration as a pharmacist, or the renewal of that registration, and for related matters including the appointment of examiners and their remuneration and the issue of diplomas or certificates to 30 persons passing examinations; page 80 Pharmacists Bill 2006 Codes of practice, rules and regulations Part 8 s. 117 (b) prescribing the courses of study and training, including practical experience, to be undertaken by students and trainees, and the examinations to be passed, by students and trainees, and determining the qualifications to be 5 held by persons wanting to study pharmacy; (c) providing for the Board to conduct examinations in respect of pharmacy; (d) regulating traineeship agreements, and the training and practical experience required of trainees, and their 10 conduct and supervision; (e) regulating the practice of pharmacy by pharmacists and the manner of carrying on that practice; (f) prescribing the diplomas, degrees or certificates of schools of pharmacy or other evidence of qualification 15 which will be recognised and accepted by the Board as a substitute for the examinations of the Board, and whether immediately or after further training; (g) regulating the manner in which pharmacists may advertise or display or publicise their practice of 20 pharmacy; (h) fees to be payable to the Board in respect of services provided, or to be provided, by the Board to pharmacists, students, trainees or other persons. (3) A rule made under subsection (1) has no effect unless and until 25 it is confirmed by the Governor. (4) Nothing in subsection (3) affects the operation of Part VI of the Interpretation Act 1984. (5) The rules may provide that contravention of a rule is an offence, and provide, for an offence against the rules, a penalty not 30 exceeding a fine of $5 000. page 81 Pharmacists Bill 2006 Part 8 Codes of practice, rules and regulations s. 118 118. Regulations (1) The Governor may make regulations -- (a) prescribing all matters that are required or permitted by the Act to be prescribed by regulation; and 5 (b) with respect to any matter on which the Board may make rules. (2) Without limiting subsection (1), regulations may be made for all or any of the following purposes -- (a) prescribing the requirements to be met at premises for 10 the minimum standards of competent and safe practice of pharmacy at those premises; (b) prohibiting or regulating the sale or supply of goods and services of a prescribed type at a registered pharmacy in association with the practice of pharmacy; 15 (c) prohibiting or regulating the carrying on of a pharmacy business wholly or partly within, or adjacent to, premises where -- (i) a business, profession or occupation of a prescribed type is carried on; or 20 (ii) services of a prescribed type are provided; (d) regulating the meetings and proceedings of, and the conduct of business by, the Board or a committee; (e) making provision relating to registration and renewal of registration; 25 (f) maintaining the accuracy of the register; (g) the registration of trainees and traineeship agreements, and the information to be recorded in the register in respect of trainees and traineeship agreements; (h) regulating the issue, display and use of certificates of 30 registration; page 82 Pharmacists Bill 2006 Codes of practice, rules and regulations Part 8 s. 119 (i) regulating the manner of making to the complaints assessment committee any complaint against or concerning a person who is, or was, registered as a pharmacist and who may make such a complaint; 5 (j) regulating the conduct of investigations under Part 6; (k) regulating the conduct of conciliation conferences under section 95 and the appointment of persons to preside over those conferences; (l) prescribing the fees to be paid for the purposes of this 10 Act and the persons liable for payment; (m) prescribing returns and notices that are to be given to the Board, and the manner in which they are to be given; (n) providing that information supplied to the Board may be required to be verified by statutory declaration. 15 (3) Where a regulation is inconsistent with a rule the regulation prevails to the extent of the inconsistency. (4) The regulations may provide that contravention of a regulation is an offence, and provide, for an offence against the regulations, a penalty not exceeding a fine of $5 000. 20 119. Forms Forms that are convenient for the purposes of this Act may be -- (a) prescribed by the regulations or rules; or (b) approved. page 83 Pharmacists Bill 2006 Part 9 Miscellaneous s. 120 Part 9 -- Miscellaneous 120. Surrender of certificate (1) Where -- (a) a person's registration as a pharmacist is cancelled and 5 name removed from the register; or (b) a person is suspended from the practice of pharmacy, under Part 6, the person is, within 14 days after the day on which the person is notified by the Board of the cancellation and removal of name or suspension, to surrender to the Board his or 10 her certificate of registration as a pharmacist. Penalty: a fine of $1 000. (2) Where the registration of premises is cancelled or not renewed under section 42, the person in whose name the premises were registered immediately before the cancellation or non-renewal 15 is, within 14 days after the day on which the person is notified by the Board of the cancellation or non-renewal, to surrender to the Board the certificate of registration of the premises. Penalty: a fine of $1 000. (3) The Board may direct in writing that -- 20 (a) a person who is suspended from the practice of pharmacy under section 73 is not obliged to comply with subsection (1) and, in that case, the subsection does not apply to that person; or (b) a person in whose name premises were registered is not 25 obliged to comply with subsection (2) and, in that case the subsection does not apply in respect of that person. (4) It is a defence to a prosecution for an offence against subsection (1) if the accused satisfies the court that the failure to surrender the certificate was due to its loss or destruction. page 84 Pharmacists Bill 2006 Miscellaneous Part 9 s. 121 121. Protection from liability (1) An action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act. 5 (2) The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1). (3) The protection given by this section applies even though the thing done as described in subsection (1) may have been 10 capable of being done whether or not this Act had been enacted. (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. (5) A person who, in relation to any investigation under Part 6 -- (a) performs any function under that Part; or 15 (b) is otherwise concerned in proceedings under that Part, has, in respect of any such function or concern, the same protection and immunity as a member or officer of the Supreme Court, or a witness or party before the Supreme Court, would have in respect of a function or concern of a like nature related 20 to the jurisdiction of the Supreme Court. 122. Notice of decisions to be given (1) Subsection (2) applies to the following decisions -- (a) any decision refusing an application to the Board for registration; 25 (b) any decision to impose, or vary, a condition under section 26, 27, 33(5) or 43; (c) any decision under section 42; (d) any decision to remove a name from the register under section 49. page 85 Pharmacists Bill 2006 Part 9 Miscellaneous s. 123 (2) If the Board makes a decision to which this subsection applies, it is to record the grounds on which the decision was based, and its reasons, and is as soon as is practicable, but in any case not later than 30 days after making the decision, to give written 5 notice of the decision together with those grounds and reasons, to the person to whom the decision relates. 123. Review A person who is aggrieved by -- (a) an order under section 73 or 78; or 10 (b) a decision referred to in section 122(1), may apply to the State Administrative Tribunal for a review of the order or decision. 124. Publication of proceedings etc. (1) Subsection (2) applies to the following -- 15 (a) the Board, any member of the Board, the registrar or any officer or delegate of the Board or registrar; (b) any committee or any member of a committee or person referred to in section 15(5); (c) any board or authority outside the State charged with 20 regulating the registration and supervision of pharmacists or any officer, agent, or person employed or engaged by the board or authority; (d) any journalist for, the proprietor or any person concerned in the publication or operation of, any 25 newspaper or periodical or of any electronic medium. (2) Without limiting the operation of section 121, no action, claim or demand lies against a person to whom this subsection applies in respect of the communication or publication in good faith of any finding, reason or decision of the Board, the complaints 30 assessment committee, the impairment review committee or the State Administrative Tribunal. page 86 Pharmacists Bill 2006 Miscellaneous Part 9 s. 125 (3) The Board may give notice of a finding, reason or decision of the Board, the complaints assessment committee, the impairment review committee or the State Administrative Tribunal in respect of a person to -- 5 (a) any person referred to in subsection (1)(c) or (d); and (b) any body that has granted the person a qualification that is entered in the register; and (c) any relevant professional association or trade union of which the person is a member; and 10 (d) any person who employs or engages the person to practise pharmacy or any person with whom the person practises pharmacy in partnership; and (e) any other person who, in the opinion of the Board, should be made aware of the finding, reason or decision, 15 and may publish notice of the finding, reason or decision in the Gazette or in such other manner as the Board thinks fit. 125. Legal proceedings (1) Any proceedings for an offence against this Act may be taken in the name of the Board by the registrar or any other person 20 authorised in that behalf by the Board. (2) All proceedings for offences against this Act are to be heard by a court of summary jurisdiction constituted by a magistrate. (3) In any proceedings no proof is required of -- (a) the appointment of a member or deputy of a member of 25 the Board or a member of a committee; or (b) the authorisation of a person under subsection (1), but an averment in a prosecution notice that the person is so appointed or authorised is to be taken to be proved in the absence of evidence to the contrary. page 87 Pharmacists Bill 2006 Part 9 Miscellaneous s. 126 (4) In all courts and before all persons and bodies authorised to receive evidence, in the absence of evidence to the contrary -- (a) a certificate purporting to be issued on behalf of the Board and stating that a person was or was not 5 registered by the Board as a pharmacist, the conditions to which a registration was subject, or that a person was suspended from the practice of pharmacy, on any day or days or during a period mentioned in the certificate, is evidence of the matters so stated; and 10 (b) a copy of or extract from a register or any statement that purports to reproduce matters entered in the register that is certified by the registrar as a true copy, extract or statement, is evidence of the facts appearing in that copy, extract or statement; and 15 (c) judicial notice is to be taken of the fact that a person is the holder of the office of registrar and of the signature of the registrar on a certificate purporting to be issued under paragraph (b). (5) A notice or appointment purporting to be signed by the 20 chairperson or a person referred to in section 68(5)(b) or 69(4)(b) is to be presumed to be duly signed until the contrary is shown. 126. Liability of certain officers of body corporate: offences (1) If a body corporate is charged with an offence under this Act, 25 every person who was an officer of the body corporate at the time of the alleged offence may also be charged with the offence. (2) If a body corporate and an officer are charged as permitted by subsection (1) and the body corporate is convicted of the 30 offence, the officer is to be taken to have also committed the offence, subject to subsection (5). (3) If a body corporate commits an offence under this Act, then, although the body corporate is not charged with the offence, page 88 Pharmacists Bill 2006 Miscellaneous Part 9 s. 127 every person who was an officer of the body corporate at the time the offence was committed may be charged with the offence. (4) If an officer is charged as permitted by subsection (3) and it is 5 proved that the body corporate committed the offence, the officer is to be taken to have also committed the offence, subject to subsection (5). (5) It is a defence to a prosecution for an offence against this section for the officer charged to prove -- 10 (a) that the offence was committed without the officer's consent or connivance; and (b) that the officer took all the measures to prevent the commission of the offence that he or she could reasonably be expected to have taken having regard to 15 the officer's functions and to all the circumstances. 127. Review of Act (1) The Minister is to carry out a review of the operation and effectiveness of this Act as soon as is practicable after the expiration of 5 years from the commencement of this section, 20 and in the course of that review the Minister is to consider and have regard to -- (a) the effectiveness of the operations of the Board; and (b) the need for the continuation of the functions of the Board; and 25 (c) any other matters that appear to the Minister to be relevant to the operation and effectiveness of this Act. (2) The Minister is to prepare a report based on the review made under subsection (1) and as soon as is practicable after the preparation of the report, cause it to be laid before each House 30 of Parliament. page 89 Pharmacists Bill 2006 Part 9 Miscellaneous s. 128 128. Pharmacy Act 1964 repealed The Pharmacy Act 1964 is repealed. 129. Pharmacy Act Regulations 1976 repealed The Pharmacy Act Regulations 1976 are repealed. 5 130. Transitional and savings provisions Schedule 2 sets out transitional and savings provisions. 131. Consequential amendments to Acts Schedule 3 sets out consequential amendments to Acts. page 90 Pharmacists Bill 2006 Constitution and proceedings of the Board Schedule 1 General provisions Division 1 cl. 1 Schedule 1 -- Constitution and proceedings of the Board [s. 7] Division 1 -- General provisions 1. Term of office 5 (1) Subject to clause 4, a member of the Board holds office for such term, not exceeding 3 years, as is specified in the member's instrument of appointment. (2) Subject to subclause (3), a member of the Board is not to hold office for more than 9 years, consecutively or otherwise. 10 (3) If in the opinion of the Minister there are special reasons for doing so, a person may be appointed so that he or she holds office for more than 9 years, consecutively or otherwise. 2. Functions of deputy presiding member (1) The deputy presiding member is to perform the functions of the 15 presiding member when the presiding member is unable to do so by reason of illness, absence or other cause, or when the office of presiding member is vacant. (2) No act or omission of the deputy presiding member acting as presiding member is to be questioned on the ground that the occasion 20 for his or her so acting had not arisen or had ceased. 3. Deputy members (1) The Minister may appoint an eligible person to be a deputy of a member and may terminate such an appointment at any time. (2) The provisions of section 5 that apply to and in relation to the 25 appointment of a member apply, with any necessary modification, to and in relation to the appointment of the deputy of that member. (3) A deputy of a member may perform the functions of the member when the member is unable to do so by reason of illness, absence or other cause. page 91 Pharmacists Bill 2006 Schedule 1 Constitution and proceedings of the Board Division 1 General provisions cl. 4 (4) Despite anything in this Act, a deputy of a member may continue to act as a member, after the occasion for so acting has ceased, for the purpose of completing any function. (5) A deputy of a member, while acting as a member, has all the 5 functions of and all the protection given to a member. (6) No act or omission of a person acting in place of another under this clause is to be questioned on the ground that the occasion for so acting had not arisen or had ceased. 4. Vacation of office by member 10 (1) A member of the Board may resign from office by notice in writing given to the Minister. (2) A member who resigns under subclause (1) is to give a copy of the notice of resignation to the registrar. (3) A member of the Board may be removed from office by the 15 Minister -- (a) for mental or physical disability, incompetence, neglect of duty or misconduct that impairs the performance of the member's duties; or (b) if the member is an insolvent under administration, as that 20 term is defined in the Corporations Act section 9; or (c) if the member is absent without leave of the Board from 3 consecutive meetings of the Board of which the member has had notice; or (d) for any other act or omission that in the opinion of the 25 Minister may cause prejudice or injury to the Board. (4) A member of the Board must be removed from office by the Minister if the member ceases to hold a position or qualification by virtue of which the member was appointed or if, in the case of a member who is a pharmacist, the registration of the member under this Act is 30 suspended. 5. General procedure concerning meetings (1) The presiding member is to preside at all meetings of the Board at which he or she is present. page 92 Pharmacists Bill 2006 Constitution and proceedings of the Board Schedule 1 General provisions Division 1 cl. 6 (2) If both the presiding member and deputy presiding member are absent from a meeting the members present are to appoint one of their number to preside. (3) A quorum for a meeting of the Board is 4 members. 5 (4) The procedure for convening meetings of the Board and the conduct of business at those meetings is, subject to this Act, to be as determined by the Board. 6. Voting (1) A decision of the majority of members at a meeting of the Board at 10 which a quorum is present is the decision of the Board. (2) If the votes of members present at a meeting and voting are equally divided the member presiding at the meeting is to have a casting vote in addition to a deliberative vote. 7. Holding meetings remotely 15 The presence of a person at a meeting of the Board need not be by attendance in person but may be by that person and each other person at the meeting being simultaneously in contact by telephone, or other means of instantaneous communication. 8. Resolution without meeting 20 A resolution in writing signed by 5 members of the Board or assented to by 5 members by letter, facsimile transmission, electronic mail or other written means has effect as if it had been passed at a meeting of the Board. 9. Minutes 25 The Board is to ensure that an accurate record is kept and preserved of the proceedings at each meeting of the Board and of each resolution passed by the Board. page 93 Pharmacists Bill 2006 Schedule 1 Constitution and proceedings of the Board Division 2 Disclosure of interests etc. cl. 10 Division 2 -- Disclosure of interests etc. 10. Meaning of "member" In this Division -- "member" means a member of the Board or a member of a 5 committee, as the case may be. 11. Disclosure of interests (1) A member who has a material personal interest in a matter being considered or about to be considered by the Board or a committee must, as soon as possible after the relevant facts have come to the 10 member's knowledge, disclose the nature of the interest at a meeting of the Board or the committee, as is relevant. Penalty: a fine of $10 000. (2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting. 15 12. Exclusion of interested member (1) A member who has a material personal interest in a matter that is being considered by the Board or a committee -- (a) must not vote, whether at a meeting or otherwise, on the matter; and 20 (b) must not be present while the matter is being considered at a meeting. (2) In subclause (1)(a) or (b) a reference to a matter also refers to a proposed resolution under clause 13 in respect of the matter, whether relating to that member or a different member. 25 13. Board or committee may resolve that clause 12 inapplicable Clause 12 does not apply if the Board or a committee has at any time passed a resolution that -- (a) specifies the member, the interest, and the matter; and (b) states that the members voting for the resolution are satisfied 30 that the interest should not disqualify the member from considering or voting on the matter. page 94 Pharmacists Bill 2006 Constitution and proceedings of the Board Schedule 1 Disclosure of interests etc. Division 2 cl. 14 14. Quorum where clause 12 applies (1) Despite clause 5(3), when the Board is dealing with a matter in relation to which a member of the Board is disqualified under clause 12, 3 members who are entitled to vote on any motion that may 5 be moved in relation to the matter constitute a quorum. (2) The Minister may deal with a matter to the extent that the Board cannot deal with it because of subclause (1). 15. Minister may declare clauses 12 and 14 inapplicable (1) The Minister may by writing declare that clause 12 or 14 does not 10 apply in relation to a specified matter, either generally or for the purpose of dealing with particular proposed resolutions. (2) The Minister is to, within 14 sitting days after a declaration under subclause (1) is made, cause a copy of the declaration to be laid before each House of Parliament. page 95 Pharmacists Bill 2006 Schedule 2 Transitional and savings provisions cl. 1 Schedule 2 -- Transitional and savings provisions [s. 130] 1. Terms used in this Schedule In this Schedule -- 5 "assets" means property of every kind whether tangible or intangible, real or personal, corporeal or incorporeal and includes without limitation -- (a) choses in action; and (b) goodwill; and 10 (c) rights, interests and claims of every kind in or to property, whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent or prospective; "former Council" means the Pharmaceutical Council of Western 15 Australia referred to in section 7 of the repealed Act; "incorporated Pharmaceutical Society" means the professional body for pharmacists certified under clause 4 as the incorporated Pharmaceutical Society; "liability" means any liability, duty or obligation whether actual, 20 contingent or prospective, liquidated or unliquidated, or whether owed alone or jointly or jointly and severally with any other person; "new Board" means the Pharmacists Registration Board of Western Australia established under this Act; 25 "repeal day" means the day on which section 128 comes into operation; "repealed Act" means the Pharmacy Act 1964; "right" means any right, power, privilege or immunity whether actual, contingent or prospective; 30 "The List" means the document referred to in clause 3. "unincorporated Pharmaceutical Society" means the Pharmaceutical Society of Western Australia referred to in section 6 of the repealed Act; page 96 Pharmacists Bill 2006 Transitional and savings provisions Schedule 2 cl. 2 2. Interpretation Act 1984 not affected This Schedule does not prejudice or affect the application of the Interpretation Act 1984 to and in relation to the repeals effected by sections 128 and 129. 5 3. The List In this Schedule -- "The List" means a document -- (a) setting out the allocation of assets, rights or liabilities of the former Council between the new Board and the 10 incorporated Pharmaceutical Society; and (b) executed by -- (i) the former Council; and (ii) the Minister, or a person authorised by the Minister; 15 and (c) dated after 1 November 2006 and before the day on which this Act receives the Royal Assent, and if there are 2 or more such documents, means the document that is dated later in time. 20 4. Incorporated Pharmaceutical Society (1) In accordance with section 2(2), this clause comes into operation on the day after the day on which this Act receives the Royal Assent. (2) In this clause -- "Council" means the Pharmaceutical Council of Western Australia 25 referred to in the Pharmacy Act 1964 section 7. (3) If satisfied that a professional body for pharmacists meets the criteria set out in subclause (4), the Council is to certify that body as the incorporated Pharmaceutical Society for the purposes of this Schedule. 30 (4) The body certified under subclause (3) is to be an incorporated body which, in the opinion of the Council -- (a) is the body most suitable to be the incorporated Pharmaceutical Society; and page 97 Pharmacists Bill 2006 Schedule 2 Transitional and savings provisions cl. 4 (b) has functions that are the same as, or similar in nature to, the functions of the Pharmaceutical Society of Western Australia referred to in the Pharmacy Act 1964 section 6. (5) If, within 2 months after the day on which this Act receives the Royal 5 Assent, or such later day as is allowed by the Minister under subclause (6), the Council has not certified a body as the incorporated Pharmaceutical Society under subclause (3) then, on the day on which the Pharmacy Act 1964 is repealed, the Pharmacists Registration Board of Western Australia established under this Act is to be taken to 10 be the body certified by the Council as the incorporated Pharmaceutical Society for the purposes of this Schedule. (6) If so requested by the Council, the Minister may extend the period referred to in subclause (5) to a period that is within 6 months after the day on which this Act receives the Royal Assent. 15 (7) Nothing in the Pharmacy Act 1964 prevents -- (a) a member of the Pharmaceutical Society of Western Australia, referred to in section 6(2) of that Act, from applying for the incorporation of that Society under the Associations Incorporation Act 1987; or 20 (b) that Society -- (i) becoming incorporated as an association under that Act; or (ii) subject to this clause, from becoming the incorporated Pharmaceutical Society for the purposes 25 of this Schedule. (8) If an application made under the Associations Incorporation Act 1987 for the incorporation of the Pharmaceutical Society of Western Australia referred to in the Pharmacy Act 1964 section 6 is successful, then, on that incorporation -- 30 (a) the Council ceases to be responsible for the management of that Society to the extent, if any, that it otherwise would be so responsible; and (b) the Pharmacy Act 1964 sections 6(2) and 7(1) do not apply to, or in respect of, that Society, to the extent, if any, that they 35 otherwise would. page 98 Pharmacists Bill 2006 Transitional and savings provisions Schedule 2 cl. 5 5. The new Board is a continuation of the former Council, other than in relation to the management of the Pharmaceutical Society The new Board is a continuation of, and the same legal entity as, the former Council, other than in relation to any functions, powers, rights, 5 assets or liabilities that related to the management of the unincorporated Pharmaceutical Society by the former Council immediately before the Council ceased to manage that Society. 6. Transfer of certain assets and liabilities to the incorporated Pharmaceutical Society 10 (1) On the repeal day -- (a) the assets and rights vested in the former Council immediately before the repeal day, that were concerned with, or related to, the management of the unincorporated Pharmaceutical Society by that Council vest in the 15 incorporated Pharmaceutical Society by force of this clause; and (b) the liabilities of the former Council (including a share of a liability) immediately before the repeal day, that were concerned with, or related to, the prior management of the 20 unincorporated Pharmaceutical Society by that Council become the liabilities of the incorporated Pharmaceutical Society by force of this clause; and (c) the incorporated Pharmaceutical Society is a party to any proceedings by or against the former Council commenced 25 before the repeal day in relation to the assets, rights and liabilities referred to in paragraphs (a) and (b); and (d) any proceeding or remedy that immediately before the repeal day might have been commenced by or available against or to the former Council in relation to the assets, rights and 30 liabilities referred to in paragraphs (a) and (b), may be commenced and are available, by or against or to the incorporated Pharmaceutical Society; and (e) any act, matter or thing done or omitted to be done in relation to the assets, rights and liabilities referred to in paragraphs (a) 35 and (b) before the repeal day by, to or in respect of the former Council (to the extent that that act, matter or thing has any force or effect) is to be taken to have been done or omitted page 99 Pharmacists Bill 2006 Schedule 2 Transitional and savings provisions cl. 7 by, to or in respect of the incorporated Pharmaceutical Society; and (f) the new Board is to deliver to the incorporated Pharmaceutical Society all registers, papers, documents, 5 minutes, receipts, books of account and other records (however compiled, recorded or stored) relating to -- (i) the assets, rights and liabilities referred to in paragraphs (a) and (b); and (ii) proceedings referred to in paragraph (c). 10 (2) Subject to subclause (3), the Minister or a person authorised by the Minister may, at the request of the new Board or the incorporated Pharmaceutical Society, certify in writing that a specified asset, right or liability of the former Council is, or is not, an asset, right or liability that was concerned with, or related to, the management of the 15 unincorporated Pharmaceutical Society by the former Council immediately before the repeal day. (3) Subclause (2) applies to or in respect of an asset, right or liability of the former Council that has been set out in The List only if -- (a) the new Board and the incorporated Pharmaceutical Society 20 jointly request that the subclause apply in respect of the asset, right or liability; and (b) the new Board and the incorporated Pharmaceutical Society have, after consultation and negotiation, failed to reach agreement as to whether or not the asset, right or liability is, 25 or is not, an asset, right or liability that, immediately before the repeal day, was concerned with, or related to, the management of that Society by that Council. (4) For all purposes and in all proceedings, a certificate under subclause (2) is prima facie evidence of the matters it certifies. 30 7. Agreements and instruments (1) Any agreement or instrument subsisting immediately before the repeal day that relates to assets, rights or liabilities referred to in clause 6(1)(a) or (b) -- (a) to which the former Council was a party; or 35 (b) which contains a reference to the former Council, page 100 Pharmacists Bill 2006 Transitional and savings provisions Schedule 2 cl. 8 has effect after the repeal day as if -- (c) the incorporated Pharmaceutical Society were substituted for the former Council as a party to the agreement or instrument; and 5 (d) any reference in the agreement or instrument to the former Council were (unless the context otherwise requires) a reference to the incorporated Pharmaceutical Society. (2) Any agreement or instrument subsisting immediately before the repeal day, other than an agreement or instrument referred to in 10 subclause (1) -- (a) to which the former Council was a party; or (b) which contains a reference to the former Council, has effect after the repeal day as if -- (c) the new Board were substituted for the former Council as a 15 party to the agreement or instrument; and (d) any reference in the agreement or instrument to the former Council were (unless the context otherwise requires) a reference to the new Board. 8. Members of former Council cease to hold office 20 A member of the former Council ceases to be a member on the repeal day. 9. Board members Four of the members of the new Board as first constituted under this Act are to hold office for such term, not exceeding 18 months, as is 25 specified in the member's instrument of appointment. 10. The registrar and other staff (1) The registrar who held office under section 15 of the repealed Act immediately before the repeal day continues in office, under and subject to this Act, as the registrar of the new Board. 30 (2) An officer or examiner who held office under the repealed Act immediately before the repeal day, other than an officer to whom subclause (4) applies, continues in office, under and subject to this Act, as an officer or examiner, as is relevant, of the new Board. page 101 Pharmacists Bill 2006 Schedule 2 Transitional and savings provisions cl. 11 (3) A person mentioned in subclause (1) or (2) is to be regarded as having been engaged or employed under this Act. (4) An officer who held office under the repealed Act immediately before the repeal day may be employed or engaged by the incorporated 5 Pharmaceutical Society on and after the repeal day if he or she has so agreed and on such terms and conditions as are agreed, in writing, with the former Council before the repeal day. (5) Despite clause 7(2), an agreement under subclause (4) with the former Council is to have effect after the repeal day as if -- 10 (a) the incorporated Pharmaceutical Society were substituted for the former Council as a party to the agreement; and (b) any reference in the agreement to the former Council were (unless the context otherwise requires) a reference to the incorporated Pharmaceutical Society. 15 (6) Except as otherwise agreed by a person mentioned in subclause (1), (2) or (4), the remuneration, existing or accrued rights, rights under a superannuation scheme or continuity of service of the person are not affected, prejudiced or interrupted by the operation of this clause or the repeal of the Pharmacy Act 1964. 20 11. Exemption from State taxation (1) In this clause -- "state tax" includes stamp duty chargeable under the Stamp Act 1921 and any other tax, duty, fee, levy or charge under a law of the State. 25 (2) State tax is not payable in relation to -- (a) anything that occurs by the operation of this Schedule; or (b) anything done -- (i) under this Schedule; or (ii) to give effect to this Schedule; or 30 (iii) for a purpose connected with, or arising out of, giving effect to this Schedule, including a transaction entered into or an instrument or document of any kind made, executed, lodged or given. page 102 Pharmacists Bill 2006 Transitional and savings provisions Schedule 2 cl. 12 (3) The Treasurer or a person authorised by the Treasurer may, at the request of the new Board or the incorporated Pharmaceutical Society, certify in writing that a specified thing -- (a) occurred by the operation of this Schedule; or 5 (b) was done -- (i) under this Schedule; or (ii) to give effect to this Schedule; or (iii) for a purpose connected with, or arising out of, giving effect to this Schedule. 10 (4) For all purposes and in all proceedings, a certificate under subclause (3) is conclusive evidence of the matters it certifies, except so far as the contrary is shown. 12. Registration of documents (1) In this clause -- 15 "relevant official" means the Registrar of Titles, the Registrar of Deeds, the Minister administering the Mining Act 1978 or any other person authorised by a written law to record and give effect to the registration of documents. (2) The relevant officials are to take notice of the provisions of this 20 Schedule and are empowered to record and register in the appropriate manner the necessary documents, and otherwise to give effect to this Schedule. 13. Saving The operation of any provision of this Schedule is not to be 25 regarded -- (a) as a breach of contract or otherwise as a civil wrong; or (b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities or the disclosure of information; or 30 (c) as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability; or page 103 Pharmacists Bill 2006 Schedule 2 Transitional and savings provisions cl. 14 (d) as causing any contract or instrument to be void or otherwise unenforceable; or (e) as releasing or allowing the release of any surety. 14. Annual report for part of a year 5 (1) The former Council is to make and submit an annual report as required under section 16C of the repealed Act, but limited to the period from 1 January preceding the repeal day to the repeal day, and that section applies as if that period were a year. (2) Despite the repeal of the repealed Act and this Schedule, the former 10 Council continues in existence for the purposes of subclause (1) and is entitled to receive from the new Board and its staff and from the incorporated Pharmaceutical Society and its staff such assistance as it may require for that purpose. 15. Persons registered under the repealed Act 15 (1) A natural person who immediately before the repeal day was registered under the repealed Act is, on the repeal day, to be taken to be registered as a pharmacist under this Act for the period that, and subject to the same conditions as, applied to that person's registration under the repealed Act. 20 (2) If under subclause (1) a person is to be taken to be registered as a pharmacist under this Act, the new Board may within 6 months of the repeal day, by notice in writing to the person, impose the conditions referred to in section 27(1) of this Act on the person's registration under this Act. 25 16. Registered pharmacies (1) A pharmacy registered under section 23 of the repealed Act by the former Council immediately before the repeal day is to be taken to be premises registered as a pharmacy under Part 4 Division 2 of this Act in the name of a person in whose name the pharmacy is registered by 30 the former Council immediately before the repeal day, if that person owns, or has a proprietary interest in, the pharmacy business carried on at the pharmacy. page 104 Pharmacists Bill 2006 Transitional and savings provisions Schedule 2 cl. 17 (2) Any condition imposed under section 23 of the repealed Act to ensure that the premises are of a minimum standard of fitness for the competent and safe practice of pharmacy is taken to be a condition imposed on the registration of the premises under section 43 of 5 this Act. 17. Register The register of pharmacists kept under section 20 of the repealed Act immediately before the repeal day is to be taken to be the register required to be kept under section 45 of this Act. 10 18. Certificates of registration issued under the repealed Act A certificate of registration in force under the repealed Act immediately before the repeal day is, subject to this Act, to be taken to be a certificate of registration for the purposes of this Act. 19. Restoration of certain names to the register 15 If a person's name has been erased from the register under section 33 of the repealed Act, section 33 of this Act applies to that person as if the person were a disqualified person as defined in section 33(1) of this Act. 20. Suspensions 20 If immediately before the repeal day the licence of a person was suspended under a provision of the repealed Act, that person is to be taken to be suspended from the practice of pharmacy under this Act and -- (a) section 99(1) of this Act applies to the suspension, if the 25 suspension is a general suspension from the practice of pharmacy; and (b) section 99(2) of this Act applies in respect of the suspension, if the suspension is in relation to any specified circumstances or service. page 105 Pharmacists Bill 2006 Schedule 2 Transitional and savings provisions cl. 21 21. Persons carrying on the practice of a pharmaceutical chemist or company under section 36(2)(c) of the repealed Act A person who, immediately before the repeal day, was carrying on the practice of a pharmaceutical chemist or company under 5 section 36(2)(c) of the repealed Act is to be taken to be acting, during the period permitted in accordance with that section, under section 64 of this Act, and that period may be extended by the Board in accordance with that section. 22. Undertakings under the repealed Act 10 (1) If a person has given an undertaking under a provision of the repealed Act that undertaking is not affected by the repeal of that Act. (2) If the new Board is satisfied that the person has breached an undertaking given under a provision of the repealed Act before, on or after the repeal day, the Board may deal with the person as if the 15 person had failed to comply with an undertaking given under a provision of this Act. 23. Matters being dealt with by the Board (1) If immediately before the repeal day the former Council was dealing with a matter under section 32(4) of the repealed Act, the new Board 20 is to deal with the matter under Part 6 Division 5 of this Act. (2) An application for a review of a decision that, immediately before the repeal day, may be made to the State Administrative Tribunal under section 32B of the repealed Act may be made to that Tribunal within 21 days after the decision was made and the Tribunal is to deal with 25 the matter as if the decision had been made under section 73 or 78 of this Act. 24. Investigations If immediately before the repeal day an investigator was investigating a matter under the repealed Act, the investigator is to continue 30 investigating the matter as if he or she had been appointed under Part 6 Division 7 of this Act. page 106 Pharmacists Bill 2006 Transitional and savings provisions Schedule 2 cl. 25 25. Failure to comply with an order made under the repealed Act If immediately before the repeal day an order was in effect in relation to a person under section 32(4) or 32A of the repealed Act, that order is not affected by the repeal of that Act and failure to comply with it 5 before, on or after the repeal day may be dealt with under section 108 of this Act as if the order were an order made by the Board under section 73 or 78 of this Act. 26. Powers in relation to transitional provision (1) If there is no sufficient provision in this Schedule for dealing with a 10 transitional matter the Governor may make regulations prescribing all matters that are required, necessary or convenient to be prescribed in relation to that matter. (2) Regulations made under subclause (1) may provide that specific provisions of this Act -- 15 (a) do not apply; or (b) apply with specific modifications, to or in relation to any matter. (3) Regulations made under subclause (1) must be made within 12 months after the repeal day. 20 (4) If regulations made under subclause (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the repeal day, the regulations have effect according to their terms. 25 (5) In subclause (4) -- "specified" means specified or described in the regulations. (6) If regulations contain a provision referred to in subclause (4), the provision does not operate so as -- (a) to affect in a manner prejudicial to any person (other than the 30 State), the rights of that person existing before the day of publication of those regulations; or (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations. page 107 Pharmacists Bill 2006 Schedule 3 Consequential amendments cl. 1 Schedule 3 -- Consequential amendments [s. 131] 1. Chiropractors Act 1964 amended (1) The amendments in this clause are to the Chiropractors Act 1964. 5 (2) Section 23(b) is amended by deleting "pharmaceutical chemist" and inserting instead -- " pharmacist ". 2. Civil Liability Act 2002 amended (1) The amendments in this clause are to the Civil Liability Act 2002. 10 (2) Section 5PA is amended in the definition of "Health Professional" by deleting paragraph (i) and inserting instead -- " (i) a practising pharmacist as defined in the Pharmacists Act 2006; 15 ". 3. Health Act 1911 amended (1) The amendments in this clause are to the Health Act 1911. (2) Section 202(2)(c) is amended by deleting "pharmaceutical chemist" and inserting instead -- 20 " pharmacist ". (3) Section 246A(3) is amended by deleting "Pharmacy Act 1964" and inserting instead -- " Pharmacists Act 2006 ". (4) Section 246D(1)(n) is amended by deleting "pharmaceutical chemist" 25 and inserting instead -- " practising pharmacist as defined in the Pharmacists Act 2006 ". page 108 Pharmacists Bill 2006 Consequential amendments Schedule 3 cl. 4 4. Health Amendment Act 1987 amended (1) The amendments in this clause are to the Health Amendment Act 1987. (2) Section 90 is amended in proposed new section 246FA(1) by deleting 5 the definition of "pharmacist" and inserting instead -- " "pharmacist" means a practising pharmacist as defined in the Pharmacists Act 2006; ". 10 5. Health Professionals (Special Events Exemption) Act 2000 amended (1) The amendments in this clause are to the Health Professionals (Special Events Exemption) Act 2000. (2) Section 3(1) is amended in the definition of "Health Registration Act" 15 by deleting "Pharmacy Act 1964;" and inserting instead -- " Pharmacists Act 2006; ". 6. Health Services (Conciliation and Review) Act 1995 amended (1) The amendments in this clause are to the Health Services (Conciliation and Review) Act 1995. 20 (2) Schedule 1 is amended by deleting item 7 and inserting instead -- " 7. Pharmacists Registration Board of Western Australia under the Pharmacists Act 2006. ". 25 7. Juries Act 1957 amended (1) The amendments in this clause are to the Juries Act 1957. (2) The Second Schedule Part II is amended under item 2 "Health" by deleting "Pharmaceutical chemists registered under the Pharmacy page 109 Pharmacists Bill 2006 Schedule 3 Consequential amendments cl. 8 Act 1964 and actually in business whether as principal or manager for a principal." and inserting instead -- " Pharmacists who are registered under the Pharmacists 5 Act 2006 section 26, if actually practising. ". 8. Liquor Licensing Act 1988 amended (1) The amendments in this clause are to the Liquor Licensing Act 1988. (2) Section 6(1)(b)(i) is amended by deleting "registered pharmaceutical 10 chemist" and inserting instead -- " practising pharmacist as defined in the Pharmacists Act 2006 ". 15 9. Medical Act 1894 amended (1) The amendments in this clause are to the Medical Act 1894. (2) Section 19 is amended by deleting "chemist and druggist, or of a pharmaceutical chemist," and inserting instead -- " 20 practising pharmacist as defined in the Pharmacists Act 2006 ". 10. Oaths, Affidavits and Statutory Declarations Act 2005 amended (1) The amendments in this clause are to the Oaths, Affidavits and 25 Statutory Declarations Act 2005. (2) Schedule 2 is amended by deleting item 9 and inserting the following item instead -- " 9. A practising pharmacist as defined in the Pharmacists Act 2006. Pharmacist ". page 110 Pharmacists Bill 2006 Consequential amendments Schedule 3 cl. 11 11. Optometrists Act 1940 amended (1) The amendments in this clause are to the Optometrists Act 1940. (2) Section 33(2) is amended as follows: (a) in paragraph (a) by deleting "pharmaceutical chemist" and 5 inserting instead -- " pharmacist "; (b) in paragraph (b) by deleting "pharmaceutical chemist" and inserting instead -- " pharmacist ". 10 12. Poisons Act 1964 amended (1) The amendments in this clause are to the Poisons Act 1964. (2) Section 5(1) is amended by deleting the definition of "pharmaceutical chemist" and inserting in the appropriate alphabetical positions -- " 15 "pharmacist" means a practising pharmacist as defined in the Pharmacists Act 2006; "pharmacy" means a pharmacy registered under the Pharmacists Act 2006; ". 20 (3) Section 8(3)(g) is amended by deleting "The Council of the Pharmaceutical Society of Western Australia" and inserting instead -- " Pharmacists Registration Board of Western Australia established under the Pharmacists 25 Act 2006 ". (4) Section 20(2) is amended as follows: (a) in paragraph (a) by deleting "pharmaceutical chemists" and inserting instead -- 30 " pharmacists "; page 111 Pharmacists Bill 2006 Schedule 3 Consequential amendments cl. 12 (b) in paragraph (b) by deleting "service available" and inserting instead -- " located within a reasonably convenient distance "; (c) in paragraph (c) by deleting "pharmaceutical chemists" and 5 inserting instead -- " pharmacists ". (5) Section 23(2)(a) is deleted and the following paragraph is inserted instead -- " 10 (a) a pharmacist is authorised to manufacture, possess, use, supply or sell at a pharmacy any poison; ". (6) Section 24(4)(a) is amended by deleting "pharmaceutical chemist" 15 and inserting instead -- " pharmacist ". (7) Section 30 is amended by deleting "pharmaceutical chemist" in each place where it occurs and inserting instead -- " pharmacist ". 20 (8) Section 30 is amended in the definition of "friendly society" by deleting "means corporation that is a friendly society within the meaning of section 16C of the Life Insurance Act 1995 of the Commonwealth." and inserting instead -- " 25 has the same meaning as it has in the Pharmacists Act 2006. ". (9) Section 50(2) is amended by deleting "pharmaceutical chemists" and inserting instead -- 30 " pharmacists ". page 112 Pharmacists Bill 2006 Consequential amendments Schedule 3 cl. 13 (10) Section 55C is amended by inserting after "Misuse of Drugs Act 1981" -- " or the Pharmacists Act 2006 ". (11) Section 61 is amended as follows: 5 (a) in paragraph (a) by deleting "pharmaceutical chemists" and "pharmaceutical chemist, "; (b) in paragraph (b) -- (i) by deleting "registered pharmaceutical chemist," and inserting instead -- 10 " pharmacist or a registered "; (ii) by deleting subparagraph (ii) and inserting instead -- " (ii) in the case of a pharmacist, by the registrar of the Pharmacists Registration 15 Board of Western Australia established by the Pharmacists Act 2006; ". (12) Section 64(2) is amended as follows: (a) in paragraph (q) by deleting "pharmaceutical chemist" and 20 inserting instead -- " pharmacist "; (b) in paragraph (r) by deleting "pharmaceutical chemists" and inserting instead -- " pharmacists ". 25 13. State Administrative Tribunal Act 2004 amended (1) The amendments in this clause are to the State Administrative Tribunal Act 2004. (2) Schedule 1 is amended by deleting "Pharmacy Act 1964" and inserting instead -- 30 " Pharmacists Act 2006 ". page 113 Pharmacists Bill 2006 Schedule 3 Consequential amendments cl. 14 14. Veterinary Chemical Control and Animal Feeding Stuffs Act 1976 amended (1) The amendments in this clause are to the Veterinary Chemical Control and Animal Feeding Stuffs Act 1976. 5 (2) Section 5(1) is amended in paragraph (a) of the definition of "veterinary chemical product" by deleting "pharmaceutical chemist registered under the Pharmacy Act 1964" and inserting instead -- " practising pharmacist as defined in the Pharmacists 10 Act 2006 ". (3) Section 65 is amended as follows: (a) paragraph (b) is deleted; (b) in paragraph (c) -- 15 (i) by deleting "registered pharmaceutical chemist" and inserting instead -- " practising pharmacist "; (ii) in subparagraph (i) by deleting "registered pharmaceutical chemist, by the registrar of the 20 Pharmaceutical Council of Western Australia, constituted under the Pharmacy Act 1964;" and inserting instead -- " practising pharmacist, by the registrar of 25 the Pharmacists Registration Board of Western Australia, within the meaning of the Pharmacists Act 2006; ". page 114 Pharmacists Bill 2006 Consequential amendments Schedule 3 cl. 15 15. Veterinary Surgeons Act 1960 amended (1) The amendments in this clause are to the Veterinary Surgeons Act 1960. (2) Section 28(a) is amended by deleting "registered pharmaceutical 5 chemist" and inserting instead -- " practising pharmacist as defined in the Pharmacists Act 2006 ". 10 page 115 Pharmacists Bill 2006 Defined Terms Defined Terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined Term Provision(s) applicant ........................................................................................................ 34 application ....................................................................................................... 3 appointing body.............................................................................................. 88 approved .......................................................................................................... 3 assets ................................................................................................Sch. 2 cl. 1 Board............................................................................................................... 3 certificate of registration................................................................................... 3 close family member ...................................................................................... 57 committee ........................................................................................................ 3 complainant...................................................................................................... 3 complaint ......................................................................................................... 3 complaints assessment committee..................................................................... 3 condition .......................................................................................................... 3 Corporations Act .............................................................................................. 3 Council ........................................................................................ Sch. 2 cl. 4(2) Director............................................................................................................ 3 disciplinary matter............................................................................................ 3 dispense ........................................................................................................... 3 disqualified person .....................................................................................33(1) document ......................................................................................................... 3 former Council ..................................................................................Sch. 2 cl. 1 friendly society................................................................................................. 3 hospital ............................................................................................................ 3 impairment....................................................................................................... 3 impairment matter ............................................................................................ 3 impairment review committee........................................................................... 3 incorporated Pharmaceutical Society..................................................Sch. 2 cl. 1 information ................................................................................................13(1) insolvent ....................................................................................................53(1) investigator ...................................................................................................... 3 legal practitioner............................................................................................... 3 liability .............................................................................................Sch. 2 cl. 1 medical practitioner.......................................................................................... 3 medicine or drug ......................................................................................115(1) member........................................................................................... Sch. 1 cl. 10 member of the Board........................................................................................ 3 new Board.........................................................................................Sch. 2 cl. 1 non-practising pharmacist................................................................................. 3 page 116 Pharmacists Bill 2006 Defined Terms officer .............................................................................................................. 3 pharmacist.................................................................................................. 3, 57 pharmacist controlled company....................................................................... 57 pharmacy ......................................................................................................... 3 pharmacy business............................................................................................ 3 practise pharmacy.......................................................................................28(2) practising pharmacist........................................................................................ 3 preserved company......................................................................................... 34 presiding member............................................................................................. 3 professional indemnity insurance ................................................................27(1) proprietary interest ........................................................................................... 3 register............................................................................................................. 3 registered ......................................................................................................... 3 registered pharmacy ......................................................................................... 3 registrar............................................................................................................ 3 registration ....................................................................................................... 3 relevant official .......................................................................... Sch. 2 cl. 12(1) repeal day..........................................................................................Sch. 2 cl. 1 repealed Act ......................................................................................Sch. 2 cl. 1 respondent........................................................................................................ 3 restricted title ...........................................................................................105(1) right ..................................................................................................Sch. 2 cl. 1 specified..................................................................................... Sch. 2 cl. 26(5) state tax...................................................................................... Sch. 2 cl. 11(1) student ............................................................................................................. 3 The List....................................................................................Sch. 2 cl. 1 and 3 the practice of pharmacy................................................................................... 3 trainee.............................................................................................................. 3 traineeship agreement....................................................................................... 3 unincorporated Pharmaceutical Society..............................................Sch. 2 cl. 1 vending machine ......................................................................................115(1)
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