Victorian Numbered Acts

PHARMACY PRACTICE ACT 2004 (NO 80 OF 2004)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  

   PART 2--REGISTRATION

           Division 1--Requirements for Registration

   4.      Application for registration  
   5.      Qualifications for general registration  
   6.      General registration  
   7.      Specific registration  
   8.      Registration as a pharmacy student  
   9.      Interim registration  
   10.     Non-practising registration  
   11.     Endorsement  
   12.     Post-graduate qualifications  
   13.     Entitlement of applicant to make submissions  
   14.     Notification of outcome of application  
   15.     Duration and renewal of registration  
   16.     Renewal of registration  
   17.     Retraining after periods out of practice  
   18.     Effect of suspension of registration  
   19.     Registration obtained by fraud  

           Division 2--Other requirements

   20.     The Register  
   21.     Certificates  
   22.     Use of certificate as evidence  
   23.     Requirement to notify the Board of changes of address  
   24.     Provision of information  

   PART 3--PHARMACIES, PHARMACY DEPARTMENTS AND PHARMACY DEPOTS

           Division 1--Ownership and Operation

   25.     Ownership of pharmacy businesses  
   26.     Establishment of pharmacy businesses and pharmacy departments  
   27.     Approval of pharmacies, pharmacy businesses or pharmacy departments  
   28.     Establishment and operation of pharmacy depots  
   29.     Notifications about pharmacy businesses and pharmacy departments  

           Division 2--Pharmacists' Responsibilities

   30.     Notification by pharmacists  
   31.     Controls over the supply, compounding or dispensing of medicines  
   32.     Personal supervision of pharmacy or pharmacy department  
   33.     Access to closed pharmacies and pharmacy departments  

           Division 3--Other Requirements

   34.     Dispensing and recording of prescriptions  
   35.     Security at pharmacy depots  

           Division 4--Approvals and revocation of approvals

   36.     Applications for approvals  
   37.     Revocation of approvals  

   PART 4--INVESTIGATIONS

           Division 1--Notification and commencement of investigations

   38.     Notifications about pharmacists  
   39.     When notifications are to be dealt with by the Health Services Commissioner as complaints  
   40.     Board may deal with a health records complaint as a notification  
   41.     Commencement of investigations by the Board  
   42.     Request for conditions or suspension  
   43.     Suspension of registration at any time  
   44.     Agreements to amend, vary or revoke conditions or revoke suspensions  
   45.     Notice of preliminary investigation into ability or professional performance  

           Division 2--Specific provisions relating to the ability to practise or undertake clinical training

   46.     Medical examination  
   47.     Report of examination  
   48.     Outcome of preliminary investigation  
   49.     Referral to a formal hearing  
   50.     Findings and determinations of a formal hearing  

           Division 3--Specific provisions relating to the professional performance of pharmacists

   51.     Performance assessment  
   52.     Report of assessment  
   53.     Refusal to attend or co-operate  
   54.     Outcome of preliminary investigation into a pharmacist's professional performance  
   55.     Establishment and notice of a performance review panel  
   56.     Constitution of a performance review panel  
   57.     Conduct of a performance review panel  
   58.     Outcome of a performance review panel's review  
   59.     Referral to a medical examination or a formal hearing  
   60.     Request for a formal hearing by a pharmacist  

           Division 4--Specific provisions relating to the professional conduct of pharmacists

   61.     Outcome of a preliminary investigation  
   62.     Establishment and notice of an informal hearing  
   63.     Constitution of a panel for an informal hearing  
   64.     Notice of an informal hearing  
   65.     Conduct of an informal hearing  
   66.     Findings and determinations of an informal hearing  
   67.     Change of informal hearing to formal hearing during course of hearing  
   68.     Request for formal hearing upon completion of informal hearing  
   69.     Finding and determinations of a formal hearing into conduct  
   70.     Investigation may continue even if a person is no longer registered  

           Division 5--Special provisions relating to hearings

   71.     Application of Division  
   72.     Establishment and notice of formal hearing  
   73.     Constitution of a hearing panel for a formal hearing  
   74.     Notice of a formal hearing  
   75.     Preliminary conferences  
   76.     Personal attendance may be required  
   77.     Conduct of a formal hearing  

           Division 6--General provisions relating to hearings

   78.     Procedure at formal and informal hearings  
   79.     Powers of panel conducting a formal hearing  
   80.     Determinations  
   81.     Removal of suspension or condition  
   82.     Reasons for determinations of panel or Board  
   83.     Notice of findings, determinations and hearings  
   84.     Offence to disclose information identifying a notifier  
   85.     Terms and conditions of appointment of panel members  

   PART 5--REVIEW BY VCAT

   86.     Review by Victorian Civil and Administrative Tribunal  
   87.     Notification  

   PART 6--OFFENCES AND REGULATED CONDUCT

   88.     Claims by persons as to registration  
   89.     Pharmacy students  
   90.     Claims by persons as to approval  
   91.     Fraud, forgery etc.  
   92.     Undue influence  
   93.     Offence of directing or inciting unprofessional conduct  
   94.     Convicted offenders may be prohibited from carrying on pharmacy business  
   95.     Offence of carrying on pharmacy business while prohibited  
   96.     Effect of appeal against conviction  
   97.     Power to require information from convicted persons  
   98.     Register of prohibitions  
   99.     Evidentiary certificate  
   100.    Secretary to notify Board of prohibitions  
   101.    Advertising  
   102.    Advertising guidelines  
   103.    Power of the courts to require corrective advertising  

   PART 7--ADMINISTRATION

   104.    Establishment of Board  
   105.    Powers, functions and consultation requirements  
   106.    Membership of the Board  
   107.    Terms of office  
   108.    Resignation and removal  
   109.    President and Deputy President  
   110.    Acting member  
   111.    Payment of members  
   112.    Procedure of Board  
   113.    Effect of vacancy or defect  
   114.    Member's interests  
   115.    Resolutions without meetings  
   116.    Approved methods of communication for Board  
   117.    Immunity  
   118.    Staff  
   119.    Delegation  

   PART 8--REPORTING AND FINANCIAL PROVISIONS

   120.    Pharmacy Board Fund  
   121.    Investment powers  
   122.    Powers of Board in relation to fees  
   123.    Repayment of advances  

   PART 9--ENFORCEMENT AND SUPPLEMENTARY PROVISIONS

   124.    Proceedings for offences  
   125.    Authorisation of persons to assist in enforcement  
   126.    Identification  
   127.    Powers of entry to pharmacies  
   128.    Board may examine documents  
   129.    Powers of entry with warrant  
   130.    Announcement before entry  
   131.    Copy of warrant to be given  
   132.    Copies or receipts to be given  
   133.    Copies of seized documents  
   134.    Retention and return of seized documents or things  
   135.    Magistrates' Court may extend 3 month period  
   136.    Protection against self-incrimination  
   137.    Offence to give false or misleading information  
   138.    Offence to hinder or obstruct authorised person  

   PART 10--GENERAL

   139.    Regulations  

   PART 11--SAVINGS AND TRANSITIONALS

           Division 1--Savings and Transitional

   140.    Definitions  
   141.    Repeal  
   142.    Board succeeds old Board  
   143.    Proceedings before the old Board  
   144.    Application of this Act to conduct occurring before commencement of this Act  
   145.    Existing registrations  
   146.    Existing pharmacies, pharmacy departments and pharmacy depots  
   147.    Cap on growth of pharmacy ownership for friendly society type companies  
   148.    Board and regulations continue under the old Act  
   149.    Preparation of annual report  

           Division 2--Consequential Amendments

   150.    Consequential amendments  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES