New South Wales Consolidated Acts

PHARMACY PRACTICE ACT 2006

- As at 1 July 2008
- 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 the 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