This legislation has been repealed.
- As at 1 July 2010 - Act 59 of 2006 TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1. Name of Act 2. Commencement 3. Object of Act 4. Definitions 5. Notes 6. Mutual Recognition laws PART 2 - REGISTRATION 7. Registration necessary for certain representations 8. Qualifications for registration 9. Competence 10. Impairment 11. Full registration 12. Ancillary provisions relating to registration 13. Registration during internship 14. Provisional registration 15. Temporary registration 16. Power to refuse or impose conditions on full registration 17. Cancellation and suspension of registration 18. Restrictions on registration of deregistered persons 19. Appeals concerning registration PART 3 - PRACTICE OF PHARMACY Division 1 - Conduct of practice 20. Use of titles 21. Indicating a corporation or firm to be a pharmacy business 22. Code of professional conduct Division 2 - Control of pharmacies 23. Pharmacies to be approved and holders of pecuniary interests registered 24. Notification of pecuniary interests in pharmacy businesses 25. Restrictions on who may have a pecuniary interest in a pharmacy business 26. Exemption for friendly societies 27. Exemption for certain bodies corporate 28. Restriction on number of pharmacy businesses in which pharmacists may have a pecuniary interest 29. Certain provisions in certain instruments to be void 30. Pharmacist to be in charge of every pharmacy business Division 3 - Returns and information 31. Annual return to be submitted 32. Notification of convictions, criminal findings and charges 33. Courts to provide information on convictions 34. Referral of mental health matters to Registrar 35. Direction to supply information about pecuniary interests PART 4 - COMPLAINTS AND DISCIPLINARY PROCEEDINGS Division 1 - Interpretation 36. Meaning of "professional misconduct" 37. Meaning of "unsatisfactory professional conduct" 38. References to "complaint" Division 2 - Complaints 39. Grounds for complaints 40. Complaint can be made even if person no longer registered 41. Who can make a complaint 42. Complaints to be made to Board 43. Form of complaint 44. Board to notify Commission of complaints 45. Board to notify person against whom complaint is made 46. Investigation of complaint by Board 47. Role of Commission 48. How complaints are dealt with 49. Serious complaints must be referred to Tribunal 50. Medical examination of pharmacist 51. Notification of orders to employer and others Division 3 - Referral of complaints to Pharmacy Care Assessment Committee 52. Kinds of complaints that can be referred to Committee 53. How complaints are dealt with 54. Skills testing of pharmacist 55. Recommendations of Committee 56. No legal representation for parties appearing before Committee Division 4 - Dealing with complaint by inquiry at meeting of Board 57. Procedures for dealing with complaint at meeting 58. General procedure 59. Conduct of meeting 60. Making submissions to inquiry 61. Decision of Board 62. Admissibility of Board's findings Division 5 - Disciplinary powers of Board and Tribunal 63. Powers may be exercised if complaint proved or admitted 64. General powers of Board 65. Power of Board to recommend suspension or cancellation of registration 66. Powers of Tribunal Division 6 - Powers of Board for protection of public 67. Suspension or conditions to protect public 68. Power to remove or alter conditions 69. Referral of matter to Commission 70. Special provisions--impairment 71. Tribunal to be notified of suspensions 72. Extension of suspension 73. Expiration of suspension 74. Duration of conditions--complaint matters 75. Duration of conditions--impairment matters PART 5 - IMPAIRMENT 76. Referral of impairment matters concerning pharmacists 77. Persons may notify Board of impairment matters concerning pharmacists 78. Commission may refer impairment matters to Board 79. Panel to inquire into matters referred to it 80. Panel not to take action while Commission investigating 81. Board to give notice of proposed inquiry 82. Pharmacist entitled to make representations 83. Assessment, report and recommendations by Panel 84. Voluntary suspension or conditions on registration 85. Review of conditions or suspension 86. Some matters to be dealt with as complaints 87. Confidentiality of Panel's report PART 6 - APPEALS AND REVIEW OF DISCIPLINARY ACTION Division 1 - Appeals against actions of Board 88. Appeals against actions of Board on a complaint 89. Appeal against suspension or imposition of conditions by Board--impairment matters 90. Appeal on point of law Division 2 - Appeals against actions of Tribunal 91. Preliminary appeal on point of law 92. Appeal against Tribunal's decisions and actions 93. Powers of Court on appeal Division 3 - Review of suspension, cancellation or conditions 94. Right of review 95. Appropriate review body 96. Powers on review 97. Nature of review PART 7 - PHARMACY BOARD 98. Constitution of Board 99. Functions of Board 100. Membership of Board 101. Staff 102. Committees 103. Delegation of functions 104. Other provisions relating to Board PART 8 - PHARMACY CARE ASSESSMENT COMMITTEE 105. Constitution of Pharmacy Care Assessment Committee 106. Functions of Committee 107. Membership of Committee 108. Other provisions relating to Committee PART 9 - IMPAIRED REGISTRANTS PANELS 109. Impaired Registrants Panels 110. Board to constitute Panel when required 111. Decisions of a Panel PART 10 - PHARMACY TRIBUNAL Division 1 - Constitution of Tribunal 112. Pharmacy Tribunal 113. Chairperson and Deputy Chairpersons of Tribunal 114. Tribunal to be constituted to deal with complaints etc 115. Effect of vacancy on Tribunal 116. Payment of non-legal Tribunal members 117. Seal of Tribunal Division 2 - Proceedings of Tribunal 118. Decisions of Tribunal 119. Time when orders take effect 120. Powers of Tribunal exercised by Supreme Court 121. Registrar to be informed of disciplinary action Division 3 - Inquiries, appeals etc before Tribunal 122. Jurisdiction 123. Notice of time and place of inquiry or appeal 124. Conduct of proceedings 125. Representation before Tribunal 126. Chairperson or Deputy Chairperson not to review own decisions 127. Adjournments and interlocutory orders 128. Tribunal to provide details of its decision 129. Statement need not contain confidential information PART 11 - PROHIBITION AGAINST DIRECTING OR INCITING MISCONDUCT 130. Definition 131. Prohibition against directing or inciting misconduct 132. Extended concept of employment 133. Extended concept of carrying on business 134. Convicted offenders may be prohibited from carrying on business 135. Offence of operating business while prohibited 136. Effect of appeal against conviction 137. Business interests--effect of prohibition 138. Power to require information from convicted persons and others 139. Evidentiary certificate PART 12 - MISCELLANEOUS 140. Application of Criminal Records Act 141. How notice is to be given 142. Service of documents on Board 143. Written statement of decisions 144. Notice of disciplinary action to other Boards 144A. Cancelled registrations to be publicly available 144B. Protection from liability for certain publications 145. False or misleading entries and statements 146. Evidentiary certificates and evidence of entry in registers 147. Authentication of certain documents 148. Fees 149. Pharmacy Education and Research Account 150. Appointment and powers of inspectors 151. Search warrants 152. Liability of officers and members 153. Offences by corporations 154. Proceedings for offences 155. Regulations 156. (Repealed) 157. Repeals 158. Savings and transitional provisions SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 Schedule 7 (Repealed) SCHEDULE 8