C.C.S.M. c. P60
|
|
| 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
|
|
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)
|
|
(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(1)
| Regulations
|
(2)
| Notice not required
|
(3)
| Notice requirement — product agreement
|
| 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)
|
|
(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)
| "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
|