Fourth Session, Thirty-Eighth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.
Bill 41
Section | Table of Contents |
PART 1 | |
DEFINITIONS AND INTERPRETATION | |
1(1) | Definitions |
(2) | Reference to "Act" includes regulations |
PART 2 | |
PRACTICE OF PHARMACY | |
2(1) | Practice of pharmacy |
(2) | Included practices |
(3) | Drug to be dispensed only by prescription |
3(1) | Exclusive right to practise |
(2) | Application to other persons |
4(1) | Representation as being entitled to practise pharmacy |
(2) | Use of titles |
PART 3 | |
COLLEGE OF PHARMACISTS | |
OF MANITOBA | |
5(1) | College established |
(2) | Duty to serve the public interest |
(3) | Powers |
(4) | Membership |
(5) | Meetings |
(6) | Notice of meetings |
6(1) | Council |
(2) | Council to manage affairs |
(3) | Council to govern and administer |
(4) | Council at meetings of membership |
7(1) | Composition of council |
(2) | Public representatives |
(3) | By-laws for election and appointment of members |
(4) | Roster of public representatives |
(5) | Officers |
(6) | Remuneration |
(7) | Registrar and staff |
(8) | Identification card |
(9) | Committees |
8 | Committee re prescribing practices |
PART 4 | |
REGISTRATION AND LICENSING | |
REGISTERS | |
9(1) | Registers |
(2) | Information on register |
(3) | Access to register information |
(4) | Access to licence information |
REGISTRATION OF PHARMACISTS | |
10 | Board of examiners |
11(1) | Registration of pharmacists |
(2) | Conditions |
(3) | Entry in the register |
(4) | Certificate of registration |
12(1) | Conditional registration |
(2) | Rights and obligations of persons on the conditional register |
(3) | Conditions |
(4) | Entry in the register |
13 | Application not approved |
REGISTRATION IF EMERGENCY | |
14(1) | Registration if emergency |
(2) | Emergency need not be declared |
(3) | Certificate of registration and licence |
PHARMACIST LICENCE | |
15(1) | Pharmacist licence application |
(2) | Issuance of pharmacist licence |
(3) | Licence terms or conditions |
16(1) | Entitlement to practise |
(2) | Specialty practice |
(3) | Representation as specialist |
17 | Duration of licence |
TEMPORARY PRACTICE | |
18(1) | Temporary practice |
(2) | Temporary registration and licence |
REGISTRATION OF STUDENTS | |
19 | Registration of students |
REGISTRATION OF INTERNS | |
20 | Registration of interns |
APPEALS | |
21(1) | Appeal to council |
(2) | Notice |
(3) | Hearing |
(4) | Right to appear |
(5) | Participation by member of board, registrar |
(6) | Decision by council |
(7) | Notice of decision |
22(1) | Appeal to court |
(2) | No stay of decision |
(3) | College is party to appeal |
(4) | Appeal heard as a new matter |
(5) | Powers of court on appeal |
CANCELLATION OR SUSPENSION OF REGISTRATION OR LICENCE | |
23(1) | Registration or licence may be cancelled or suspended |
(2) | Registration or licence may be cancelled if fraud |
(3) | Registration or licence may be cancelled if conviction |
(4) | Surrender of certificate or licence |
(5) | Publication of cancellation |
24(1) | Interim suspension by registrar |
(2) | Referral to the complaints committee |
(3) | Notice of suspension |
25 | Appeal to court |
26(1) | Court order appointing custodian |
(2) | Contents of order |
(3) | Costs |
(4) | Notice of application |
(5) | Service of court order |
PART 5 PHARMACIST PROFILES | |
27(1) | Pharmacist profiles |
(2) | Definition |
(3) | Regulations re pharmacist profiles |
(4) | Verification of information |
(5) | Prior review by pharmacist |
28(1) | Regulation required by the minister |
(2) | L.G. in C. may make regulation |
PART 6 | |
COMPLAINTS | |
29 | Definitions |
COMPLAINTS COMMITTEE | |
30(1) | Complaints committee |
(2) | Public representatives |
(3) | Selection of panel |
(4) | Composition of panel |
(5) | Effect of member being unable to continue |
(6) | Decision of panel |
(7) | Reference to complaints committee |
31(1) | Complaints against members and others |
(2) | Complaints against former members and owners |
(3) | Complaints against former students and interns |
32 | Referral to complaints committee |
33(1) | Informal resolution |
(2) | Investigation |
(3) | Registrar to designate investigator |
(4) | Records and information |
(5) | Use of data processing system, photography and copying equipment |
(6) | Removal of records, etc. to make copies |
(7) | Failure to produce records |
(8) | Warrant for entry into premises |
(9) | Investigation of other matters |
(10) | Failure to produce records or denial of entry is grounds for complaint |
(11) | Report to complaints committee |
(12) | Investigation of other member or owner |
DECISION OF COMPLAINTS COMMITTEE | |
34(1) | Decision of complaints committee |
(2) | Matter not resolved by mediation |
(3) | Decision served on investigated person and complainant |
(4) | Hearing not required |
35(1) | Conditions on right to practise |
(2) | Costs |
CENSURE | |
36(1) | Personal appearance |
(2) | Publication of censure |
(3) | Order for costs |
VOLUNTARY SURRENDER OF REGISTRATION OR LICENCE | |
37(1) | Voluntary surrender of registration or licence |
(2) | Order for costs |
38 | Conditions on reinstatement |
APPEAL BY COMPLAINANT | |
39(1) | Appeal by complainant |
(2) | Notice |
(3) | Appointment of appeal panel |
(4) | Exclusion from panel |
(5) | Power on appeal |
(6) | Notice of decision |
(7) | Hearing not required |
SUSPENSION OF REGISTRATION OR LICENCE PENDING DECISION | |
40(1) | Suspension of registration or licence pending decision |
(2) | Notice of suspension or conditions |
41 | Application for stay |
MISCELLANEOUS | |
42 | Referral to discipline committee |
43 | Disclosure of information to authorities |
DISCIPLINE COMMITTEE | |
44(1) | Discipline committee |
(2) | Public representatives |
45(1) | Selection of panel |
(2) | Composition |
(3) | Exclusion from panel |
(4) | Effect of member being unable to continue |
HEARINGS | |
46(1) | Hearing |
(2) | Date of hearing |
(3) | Notice of hearing |
(4) | Public notice of hearing |
47(1) | Right to appear and be represented |
(2) | Adjournments |
(3) | Recording of evidence |
48(1) | Investigated person may examine documentary evidence |
(2) | Investigated person to provide documentary evidence |
(3) | Evidence of expert without report |
(4) | Failure to provide summary |
(5) | Hearing process: rules of evidence do not apply |
(6) | Oral and affidavit evidence |
49 | Investigation of other matters |
50(1) | Hearing open to public |
(2) | Request for a private hearing |
(3) | When private hearing may be held |
(4) | Reasons for excluding the public to be available |
51(1) | Evidence |
(2) | Power to administer oaths and affirmations |
52(1) | Witnesses |
(2) | Notice to attend and produce records |
(3) | Registrar to provide notices |
(4) | Witness fees |
(5) | Failure to attend or give evidence |
(6) | Evidence taken outside Manitoba |
(7) | Queen's Bench Rules apply |
53 | Hearing in absence of investigated person |
DECISION OF PANEL | |
54 | Findings of panel |
55(1) | Orders of panel |
(2) | Panel may consider censures, orders, practice directions |
(3) | Ancillary orders |
(4) | Costs when conditions imposed |
(5) | Contravention of order |
56(1) | Costs and fines |
(2) | Nature of costs |
(3) | Failure to pay costs and fines by time ordered |
(4) | Filing of order |
57(1) | Written decision |
(2) | Decision forwarded to registrar |
(3) | Service of decision |
(4) | Copies of transcript and record |
58 | Publication of decision |
APPEAL TO COURT | |
59(1) | Appeal to Court of Appeal |
(2) | Commencement of appeal |
(3) | Appeal on the record |
60 | Powers of Court on appeal |
61 | Stay pending appeal |
REINSTATEMENT | |
62 | Reinstatement |
PART 7 | |
PHARMACIES | |
63 | Pharmacy licence |
64(1) | Application for licence |
(2) | Contents of application |
(3) | Pharmacy manager |
(4) | Separate application for facility |
(5) | Application by a corporation |
(6) | Application by a partnership |
65(1) | Issuance of a pharmacy licence |
(2) | Terms or conditions |
(3) | Duration |
(4) | Register of licensed pharmacies |
66(1) | Application for renewal of a pharmacy licence |
(2) | Renewal of a pharmacy licence |
67 | Appeal |
68 | Obligations of owner |
69 | Complaints |
70 | Change in ownership of pharmacy |
71 | Carrying on business of a bankrupt person |
72(1) | Use of titles: any retail or wholesale business |
(2) | Use of titles: retail or wholesale business implying that it is licensed |
PART 8 | |
REGULATIONS, BY-LAWS | |
AND CODE OF ETHICS | |
73(1) | Regulations |
(2) | Ministerial regulations |
(3) | Incorporation by reference |
(4) | Regulation may apply to part of the province, classes of persons |
74(1) | Consult with members |
(2) | Approval of regulations |
75(1) | By-laws |
(2) | Incorporation by reference |
(3) | Amendment or repeal of by-laws |
76(1) | Code of ethics |
(2) | Incorporation by reference |
(3) | Consult with members |
(4) | Amendment or repeal of code of ethics |
PART 9 | |
INTERCHANGEABLE PHARMACEUTICAL | |
PRODUCTS | |
77 | Definitions |
78 | Dispense as written |
79(1) | Substitution of interchangeable product |
(2) | Product not available |
(3) | Exception if "no substitution" instructions |
(4) | Method of giving "no substitution" instructions |
(5) | "No substitution" instructions continue |
(6) | Amount charged if "no substitution" instruction |
80 | No liability for dispensing interchangeable products |
81 | Regulations |
PART 10 | |
GENERAL PROVISIONS | |
INSPECTORS | |
82(1) | Appointment of inspectors |
(2) | Audit or inspection of a pharmacy practice or operation |
(3) | Entry of premises and inspection of records |
(4) | Entry with order |
(5) | Order to produce records, etc. |
(6) | No obstruction of inspector |
83(1) | Use of data processing system and copying equipment |
(2) | Removal of records, etc. to make copies |
84 | Copies as evidence |
85 | Audit for other professions |
SERVICE OF DOCUMENTS | |
86(1) | Service of documents |
(2) | Deemed receipt |
(3) | Deemed receipt even if document returned, etc. |
REGISTRAR'S CERTIFICATE AND LETTERS OF STANDING | |
87 | Registrar's certificate |
88 | Letters of standing |
PROOF OF CONVICTION | |
89 | Proof of conviction |
OFFENCES | |
90(1) | Offence |
(2) | Offence re confidential information |
(3) | Fraudulent representation on application for registration or licence |
(4) | Offence by employer |
(5) | Liability of directors, officers and employees |
(6) | Limitation on prosecution |
(7) | Prosecution of offence |
(8) | Stay of proceedings |
91 | Single act of unauthorized practice or operation |
PROTECTION FROM LIABILITY | |
92 | Protection from liability |
93 | Limitation period re members |
CONFIDENTIALITY OF INFORMATION | |
94(1) | Definitions |
(2) | Confidentiality of information |
(3) | Non-identifying information |
95(1) | Registrar to collect information |
(2) | Member must provide information |
(3) | Minister may require information |
(4) | Registrar to provide information to minister |
(5) | Minister may disclose information |
(6) | Authorized entities |
INJUNCTION | |
96 | Injunction |
DUTY TO REPORT | |
97(1) | Duty of members to report |
(2) | Exemption from liability for disclosure |
EMPLOYER'S RESPONSIBILITIES | |
98(1) | Responsibility to ensure registration and licence |
(2) | Responsibility to report professional misconduct |
99 | Responsibility for employees |
ANNUAL REPORT | |
100(1) | Annual report |
(2) | Contents of report |
PART 11 | |
TRANSITIONAL, REPEAL, C.C.S.M. | |
REFERENCE AND COMING INTO FORCE | |
101(1) | |
(2) | Registration continued |
(3) | Pharmacist licence continued |
(4) | Pharmacy licence continued |
(5) | Application for registration or licence continued |
(6) | Council continued |
(7) | Complaints under former Act: discipline hearing commenced |
(8) | Complaints under former Act: no discipline hearing commenced |
(9) | Written cautions |
102 | Repeal |
103 | C.C.S.M. reference |
104 | Coming into force |