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C.C.S.M. c. P60
The Pharmaceutical Act
Table of Contents
| PART 1 | ||
| DEFINITIONS AND INTERPRETATION | ||
| 1 | Definitions | |
| (2) | Reference to "Act" includes regulations | |
| PART 2 | ||
| PRACTICE OF PHARMACY | ||
| 2 | Practice of pharmacy | |
| (2) | Included practices | |
| (3) | Drug to be dispensed only by prescription | |
| 3 | Exclusive right to practise | |
| (2) | Application to other persons | |
| 4 | Representation as being entitled to practise pharmacy | |
| (2) | Use of titles | |
| PART 3 | ||
| COLLEGE OF PHARMACISTS OF MANITOBA |
||
| 5 | College established | |
| (2) | Duty to serve the public interest | |
| (3) | Powers | |
| (4) | Membership | |
| (5) | Meetings | |
| (6) | Notice of meetings | |
| 6 | Council | |
| (2) | Council to manage affairs | |
| (3) | Council to govern and administer | |
| (4) | Council at meetings of membership | |
| 7 | 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 | Registers | |
| (2) | Information on register | |
| (3) | Access to register information | |
| (4) | Access to licence information | |
| REGISTRATION OF PHARMACISTS | ||
| 10 | Board of examiners | |
| 11 | Registration of pharmacists | |
| (2) | Conditions | |
| (3) | Entry in the register | |
| (4) | Certificate of registration | |
| 12 | 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 | Registration if emergency | |
| (2) | Emergency need not be declared | |
| (3) | Certificate of registration and licence | |
| PHARMACIST LICENCE | ||
| 15 | Pharmacist licence application | |
| (2) | Issuance of pharmacist licence | |
| (3) | Licence terms or conditions | |
| 16 | Entitlement to practise | |
| (2) | Specialty practice | |
| (3) | Representation as specialist | |
| 17 | Duration of licence | |
| TEMPORARY PRACTICE | ||
| 18 | Temporary practice | |
| (2) | Temporary registration and licence | |
| REGISTRATION OF STUDENTS | ||
| 19 | Registration of students | |
| REGISTRATION OF INTERNS | ||
| 20 | Registration of interns | |
| APPEALS | ||
| 21 | 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 | 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 | ||
| 23 | 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 | Interim suspension by registrar | |
| (2) | Referral to the complaints committee | |
| (3) | Notice of suspension | |
| 25 | Appeal to court | |
| 26 | Court order appointing custodian | |
| (2) | Contents of order | |
| (3) | Costs | |
| (4) | Notice of application | |
| (5) | Service of court order | |
| PART 5 | ||
| PHARMACIST PROFILES | ||
| 27 | Pharmacist profiles | |
| (2) | Definition | |
| (3) | Regulations re pharmacist profiles | |
| (4) | Verification of information | |
| (5) | Prior review by pharmacist | |
| 28 | Regulation required by the minister | |
| (2) | L.G. in C. may make regulation | |
| PART 6 | ||
| COMPLAINTS | ||
| 29 | Definitions | |
| COMPLAINTS COMMITTEE | ||
| 30 | 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 | 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 | 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 | Decision of complaints committee | |
| (2) | Matter not resolved by mediation | |
| (3) | Decision served on investigated person and complainant | |
| (4) | Hearing not required | |
| 35 | Conditions on right to practise | |
| (2) | Costs | |
| CENSURE | ||
| 36 | Personal appearance | |
| (2) | Publication of censure | |
| (3) | Order for costs | |
| VOLUNTARY SURRENDER OF REGISTRATION OR LICENCE |
||
| 37 | Voluntary surrender of registration or licence | |
| (2) | Order for costs | |
| 38 | Conditions on reinstatement | |
| APPEAL BY COMPLAINANT | ||
| 39 | 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 | 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 | Discipline committee | |
| (2) | Public representatives | |
| 45 | Selection of panel | |
| (2) | Composition | |
| (3) | Exclusion from panel | |
| (4) | Effect of member being unable to continue | |
| HEARINGS | ||
| 46 | Hearing | |
| (2) | Date of hearing | |
| (3) | Notice of hearing | |
| (4) | Public notice of hearing | |
| 47 | Right to appear and be represented | |
| (2) | Adjournments | |
| (3) | Recording of evidence | |
| 48 | 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 | 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 | Evidence | |
| (2) | Power to administer oaths and affirmations | |
| 52 | 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 | Orders of panel | |
| (2) | Panel may consider censures, orders, practice directions | |
| (3) | Ancillary orders | |
| (4) | Costs when conditions imposed | |
| (5) | Contravention of order | |
| 56 | Costs and fines | |
| (2) | Nature of costs | |
| (3) | Failure to pay costs and fines by time ordered | |
| (4) | Filing of order | |
| 57 | 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 | 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 | 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 | Issuance of a pharmacy licence | |
| (2) | Terms or conditions | |
| (3) | Duration | |
| (4) | Register of licensed pharmacies | |
| 66 | 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 | 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 | Regulations | |
| (2) | Ministerial regulations | |
| (3) | Incorporation by reference | |
| (4) | Regulation may apply to part of the province, classes of persons | |
| 74 | Consultation | |
| (2) | Approval of regulations | |
| 75 | By-laws | |
| (2) | Incorporation by reference | |
| (3) | Amendment or repeal of by-laws | |
| 76 | 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 | 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 | |
| 80.1 | Formulary | |
| (2) | Notice to change formulary not required | |
| (3) | Notice required by product agreement | |
| (4) | Distribution and publication | |
| 81 | Regulations | |
| (2) | Notice not required | |
| (3) | Notice requirement — product agreement | |
| PART 10 | ||
| GENERAL PROVISIONS | ||
| INSPECTORS | ||
| 82 | 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 | 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 | 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 | 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 | Definitions | |
| (2) | Confidentiality of information | |
| (3) | Non-identifying information | |
| 95 | 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 | Duty of members to report | |
| (2) | Exemption from liability for disclosure | |
| EMPLOYER'S RESPONSIBILITIES | ||
| 98 | Responsibility to ensure registration and licence | |
| (2) | Responsibility to report professional misconduct | |
| 99 | Responsibility for employees | |
| ANNUAL REPORT | ||
| 100 | Annual report | |
| (2) | Contents of report | |
| PART 11 | ||
| TRANSITIONAL, REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE |
||
| 101 | "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 | |