S.M. 1991-92, c. 28: Table of Contents

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