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S.M. 2006, c. 37
Bill 41, 5th Session, 38th Legislature
The Pharmaceutical Act
| 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 | 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) | 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 |
| 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) | "Former Act" defined |
| (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 |