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The Pharmaceutical Act

R.S.M. 1987, c. P60

The Pharmaceutical Act

Table of Contents

1 Definitions.
THE ASSOCIATION
2 Continuation.
3 Membership.
4 Property of the association.
THE COUNCIL
5 Council.
(2) Elected members shall be residents of Manitoba.
(3) Termination of membership.
6 Divisions for election purposes.
(2) Term of office.
(3) Resignation and filling of vacancies.
(4) Quorum.
(5) Ex officio member of council.
(6) Immediate past president ex officio member of council.
(7) Appointment of certain members by L. G. in C.
(8) Term of office of lay members.
(9) Lay member eligible for re-appointment.
7 General meeting.
(2) Time and place.
(3) Special general meeting.
(4) Quorum.
(5) Voting powers.
8 Majority to decide questions.
OFFICERS
9 Election of officers.
(2) Appointment of registrar.
(3) Appointment of other officers.
(4) Continuance of office.
POWERS OF COUNCIL
10 Management.
11 By-laws.
(2) By-laws, amendment or repeal.
(3) Approval of certain by-laws.
12 Discipline committee.
(2) Power of discipline committee.
(3) No action against council or committee.
(4) Attendance of witnesses at an inquiry.
(5) Witness fees.
13 Existing by-laws validated.
(2) Code of ethics.
14 Board of examiners, appointment.
15 Duties and procedures of discipline committee.
(2) Filing of complaints.
(3) Discipline committee to convene meetings.
(4) Inquiry prior to hearing.
(5) Right to counsel.
(6) Notification of decision to parties.
(7) Notice of appeal.
(8) Notice of time, date and place of hearing appeal.
(9) Rules of procedure for hearing appeals.
(10) Right to counsel.
(11) Disposition of appeal by council.
(12) Further appeal to court.
(13) Disposition of appeal by court.
(14) Hearing in private.
REGISTERED STUDENTS
16 Candidate for registration as a student.
QUALIFICATIONS OF PHARMACISTS
17 Requirements for registration.
(2) Credit for time at course of instruction.
(3) Requirements for registration.
18 Diplomas accepted as evidence of qualification.
19 Certificate of registration.
DUTIES OF REGISTRAR
20 Form of register of pharmacists.
(2) Annual registers.
(3) Registers as evidence.
21 Entry in register.
(2) Entry cancelled for fraud.
(3) Appeal from refusal of registration.
LICENCES
22 Annual licence fee.
(2) Form of licence.
(3) Effect of default in payment.
23 Licensing of a medical practitioner.
(2) Subject to provisions, by-laws, etc.
24 Retirement from association.
(2) Resumption of practice after retirement.
(3) Resumption of practice after three years retirement.
25 Shop licences.
(2) Corporation applying.
(3) Application for shop licence.
(4) Form of shop licence.
(5) Shop licence to be annual.
(6) Management of shops.
(7) Shop licence to be displayed.
(8) Application for shop licence.
26 Notice to registrar of names of employees.
(2) Obligations of corporation and directors.
27 Licence of pharmacist to be displayed.
28 Carrying on of pharmacy business.
(2) "Licensed Pharmacy" to be used only in licensed shops.
29 Change of ownership.
30 Prohibitions.
(2) Drugs, etc., in shop deemed for sale.
(3) Corporations complying with Act saved.
(4) Registered student.
31 Regulations.
32 Sales on prescription.
(2) Sale of poisons.
(3) Sale for agricultural or veterinary use.
(4) Records to be open for inspection.
(5) Offence.
(6) Misleading or untruthful statements.
33 Sale of incorrectly described articles.
GENERAL PROVISIONS
34 Standard of preparation.
35 Copies of prescriptions.
36 Continuation of business in case of bankruptcy.
37 Liability of owner for acts of agent.
SAVING PROVISIONS
38 Sales exempted from Act.
(2) Personally compounded or dispensed medicine by medical practitioner.
39 Sales saved.
PENALTIES AND PROSECUTIONS
40 Penalty for violations.
(2) Subsequent proceedings and penalties.
(3) Time limit.
(4) Penalties payable to association.
(5) Payment of costs.
(6) Order may be filed in court.
41 Licence as evidence.
42 Information for more than one offence.
43 Cancellation of licence.
(2) Effect of cancellation of licence.
(3) Appeal.
(4) Action on decision of court.
(5) Reinstatement by council.
(6) Reinstatement of licence.
44 No recovery for articles sold in violation of Act.
45 Definition of "interchangeable pharmaceutical product".
(2) Substitution of interchangeable product.
(3) Cost.
(4) Price of certain interchangeable products.
(5) Dispensing of drugs not in formulary.
(6) No substitution instructions to continue.
(7) Prescriber may waive no substitution instructions.
(8) No action or proceeding.
(9) Exemption from liability.
(10) Information noted on prescription.
(11) Records to be retained.
(12) Identification markings.
(13) Disclosure of records.
(14) Application of subsections (10), (11), and (12) to hospitals, etc.
46 Advisory committee.

46

The Lieutenant Governor in Council may establish and appoint persons as members to a committee to advise him on matters relating to the Manitoba Drug Standards and Therapeutics Formulary and to the information set out therein.