HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 139D
Additional matters that constitute unsatisfactory professional conduct of pharmacists [NSW[#93]
HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 139D
Additional matters that constitute unsatisfactory professional conduct of pharmacists [NSW[#93]
139D Additional matters that constitute unsatisfactory professional conduct of
pharmacists [NSW[#93]
(1) In addition to the matters referred to in
section 139B,
"unsatisfactory professional conduct" of a pharmacist also includes each of
the following--
(a) practising pharmacy for remuneration at a pharmacy in the
course of employment by, or in association with, a non-pharmacist;
(b) the
supply of precursor drugs, or preparations, admixtures, extracts or other
substances containing a proportion of precursor drugs, by the pharmacist in
circumstances in which the supply of the drugs, preparations, admixtures,
extracts or other substances is unnecessary, not reasonably required, or
excessive;
(c) if the pharmacist is the owner of, or otherwise has a
financial interest in, a pharmacy business, failing to display at or near the
main entrance of each premises in which the business is carried on the owner's
name;
(d) if the pharmacist is the pharmacist in charge of a pharmacy,
failing to display adjacent to the area where dispensing is carried on in the
pharmacy the name of the pharmacist in charge followed by the words
"PHARMACIST IN CHARGE";
(e) if the pharmacist is the owner of, or otherwise
has a financial interest in, a pharmacy business, failing to ensure drug price
information displayed in premises in which the business is carried on does not
contravene the Price Information Code of Practice (within the meaning of
Schedule 5F).
(2) For the purposes of subsection (1)(c) and (e), the owner of
a pharmacy business includes--
(a) a pharmacist who has a financial interest
in the pharmacy business; and
(b) a pharmacist who is nominated by the owner
of the pharmacy business as being responsible for the matters referred to in
clause 6(2)(c) or 7(2) of Schedule 5F.
(3) In this section--
"non-pharmacist" means an entity that is not a pharmacist, but does not
include any of the following--
(a) the Crown;
(b) a public health
organisation or a charitable or philanthropic institution;
(c) a pharmacists'
partnership or pharmacists' body corporate;
(d) a friendly or other society
that owns a pharmacy business as permitted by clause 6 of Schedule 5F;
(e) a
body corporate that owns or carries on a pharmacy business under clause 7 of
Schedule 5F;
(f) a person who has a financial interest in a pharmacy business
as referred to in clause 5(4) or (5) of Schedule 5F and who carries on that
business;
(g) a person who, in assuming the administration of the property of
another person under a security interest granted in respect of that other
person's pharmacy business, carries on that pharmacy business.
