S.M. 1991-92, c. 28
Bill 51, 2nd Session, 35th Legislature
The Pharmaceutical Act
PART 1 | |
DEFINITIONS | |
1 | Definitions |
PART 2 | |
PRACTICE OF PHARMACY | |
2(1) | Exclusive right to practise pharmacy |
(2) | Application to other persons |
(3) | Saving provisions |
3(1) | Representation as pharmacist |
(2) | Use of titles |
PART 3 | |
MANITOBA PHARMACEUTICAL ASSOCIATION | |
4(1) | Association |
(2) | Powers |
(3) | Membership |
(4) | Meetings |
(5) | Notice of meetings |
(6) | Qualification to vote |
5(1) | Council established |
(2) | Council to manage affairs |
6(1) | Composition of council |
(2) | Lay members |
(3) | Lay member's term |
(4) | Remuneration |
(5) | Ex officio members |
(6) | Officers |
(7) | Registrar and staff |
7 | Council to convene meetings |
PART 4 | |
REGISTRATION AND LICENSING | |
8 | Registers |
9 | Board of examiners |
10(1) | Registration of pharmacists |
(2) | Entry in register |
(3) | Certificate of registration |
11 | Application for registration not approved |
12(1) | Appeal to council |
(2) | Hearing |
(3) | Notification of hearing |
(4) | Participation by board of examiners |
(5) | Decision by council |
13(1) | Appeal from decision of council |
(2) | Powers of court on appeal |
14(1) | Annual licence fee |
(2) | Issuance of annual licence |
(3) | Entitlement to practise |
(4) | Duration of licence |
15(1) | Registration of students |
(2) | Appeal from refusal to register |
PART 5 | |
DISCIPLINE | |
16 | Definitions |
17 | Complaints committee |
18(1) | Complaints |
(2) | Complaints against former members |
19 | Referral to complaints committee |
20(1) | Preliminary investigation |
(2) | Records and information |
(3) | Failure to produce records |
(4) | Investigation of other matters |
(5) | Report to complaints committee |
21(1) | Decision of complaints committee |
(2) | Decision served on investigated person and complainant |
(3) | Hearing not required |
22(1) | Voluntary withdrawal |
(2) | Conditions |
(3) | Referral to discipline committee |
23 | Appeals committee |
24(1) | Appeal by complainant to appeals committee |
(2) | Power on appeal |
(3) | Decision served on investigated person and complainant |
25(1) | Suspension pending decision |
(2) | Application for stay |
DISCIPLINE COMMITTEE | |
26(1) | Discipline committee |
(2) | Membership |
(3) | Lay members |
(4) | Roster of lay members |
(5) | Chairperson |
(6) | Members not to have taken part in investigation |
27 | Procedure |
28(1) | Hearing by discipline committee |
(2) | Date of hearing |
(3) | Notice of hearing |
(4) | Right to appear and be represented |
(5) | Examination of documentary evidence |
(6) | Adjournments |
(7) | Investigation of other matters |
29(1) | Hearings open to public |
(2) | Exclusion of public |
(3) | Public information may be disclosed |
(4) | Exclusion of public during certain motions |
(5) | Orders with respect to matters in submissions |
(6) | Reasons for order to exclude public, etc., available to public |
(7) | Reconsidering of order to exclude public, etc. |
30(1) | Evidence |
(2) | Power to administer oaths |
(3) | Recording of evidence |
31 | Witnesses |
32(1) | Notice to attend and produce records |
(2) | Registrar shall provide notices |
(3) | Witness fees |
33(1) | Failure to attend or give evidence |
(2) | Failure by investigated person |
34 | Hearing in absence of investigated person |
35 | Unskilled practice or misconduct |
36(1) | Findings of discipline committee |
(2) | Finding of unskilled practice or professional misconduct |
37(1) | Orders of discipline committee |
(2) | Committee may consider cautions |
(3) | Cancellation or suspension of certificate, etc. |
(4) | Ancillary orders |
(5) | Contravention of order |
38(1) | Costs and fines |
(2) | Filing of order |
39(1) | Written decision |
(2) | Decision forwarded to registrar |
(3) | Service of decision |
(4) | Copies of transcript |
40 | Publication of decision |
41(1) | Stay pending appeal to council |
(2) | Stay pending appeal to court |
APPEAL TO COUNCIL | |
42(1) | Appeal to council |
(2) | Notice of appeal |
(3) | Notice to be served |
(4) | Notice to members of council |
43(1) | Notice of hearing of appeal |
(2) | Date of hearing |
44(1) | Right to appear and be represented |
(2) | Discipline committee members may not participate |
(3) | Quorum |
(4) | Appeal on the record |
(5) | Adjournments, further evidence |
(6) | Procedure |
(7) | Powers of council on appeal |
(8) | Costs |
45(1) | Written decision |
(2) | Service of decision |
APPEAL TO COURT | |
46(1) | Appeal to court |
(2) | Commencement of appeal |
(3) | Appeal on the record |
47 | Powers of court on appeal |
PART 6 | |
PHARMACIES | |
48(1) | Practice only in a pharmacy |
(2) | Pharmacy licence |
(3) | Application for licence |
(4) | Application by person other than a pharmacist |
(5) | Application by corporation |
49(1) | Issuance of pharmacy licence |
(2) | Terms and conditions |
(3) | Appeal from refusal to issue licence |
50(1) | Register |
(2) | Duration and renewal of licence |
51 | Obligations of licence holder |
52(1) | Referral to discipline committee |
(2) | Part 5 procedures, etc. to apply |
(3) | Application of Part 5 re orders |
(4) | Orders of discipline committee |
53(1) | Suspension pending decision |
(2) | Application for stay |
54 | Change in ownership of pharmacy |
55 | Carrying on business of bankrupt person |
56 | Use of titles |
PART 7 | |
SUSPENSION AND CANCELLATION OF CERTIFICATES OF REGISTRATION AND LICENCES | |
57(1) | Suspension and cancellation of registration |
(2) | Memorandum in register |
(3) | Surrender of licence, etc. |
(4) | Death of member |
58 | Suspension on default of fees |
59 | Cancellation of registration on request |
60 | Cancellation of registration made in error |
61 | Cancellation of registration for fraud |
62(1) | Reinstatement |
(2) | Reinstatement subject to conditions |
PART 8 | |
GENERAL PROVISIONS | |
63(1) | No misrepresentation of drugs |
(2) | Sales on prescription |
(3) | Copies of prescriptions |
64(1) | Appointment of inspectors |
(2) | Inspection of licensed pharmacy |
65(1) | Entry of premises and inspection of records |
(2) | Admissibility of copies |
(3) | Entry with order |
(4) | Obstruction of inspector |
66 | Service of documents |
67 | Registrar's certificate |
68 | Proof of conviction |
69 | Protection from liability |
70 | Injunction |
PART 9 | |
REGULATIONS, BY-LAWS AND CODE OF ETHICS | |
71(1) | Regulations made by the council |
(2) | Approval of regulations |
72(1) | By-laws |
(2) | Amendments and repeal of by-laws |
73 | Code of ethics |
74 | Lieutenant Governor in Council regulations |
PART 10 | |
INTERCHANGEABLE PHARMACEUTICAL PRODUCTS | |
75 | Definitions |
76(1) | Substitution of interchangeable product |
(2) | Exception if "no substitution" instruction |
(3) | "No substitution" instructions continue |
(4) | Amount charged if "no substitution" instruction |
77 | No liability for dispensing interchangeable products |
78 | Advisory committee |
79 | Regulations |
PART 11 | |
PENALTIES | |
80(1) | Contravention by individuals |
(2) | Contravention by corporations |
(3) | Directors and officers of corporation |
(4) | Penalty for directors and officers |
(5) | Limitation |
(6) | Prosecution of offence |
(7) | Stay of proceedings |
81(1) | Responsibility of owner and manager |
(2) | Prosecution of owner or manager |
PART 12 | |
TRANSITIONAL, REPEAL AND COMING INTO FORCE | |
82(1) | "Former Act" defined |
(2) | Registration continued |
(3) | Annual licence continued |
(4) | Shop licence continued |
83 | Council continued |
84 | Application for registration continued |
85(1) | Proceedings re complaint made before this Act comes into force |
(2) | Proceedings re complaint made after this Act comes into force |
86 | Repeal |
87 | C.C.S.M. reference |
88 | Coming into force |