New South Wales Repealed Acts

This legislation has been repealed.

PHARMACY ACT 1964 - SECT 20

20 Consequences of misconduct etc

(1) If the Board (after an inquiry conducted by the Board consisting of the members referred to in section 19H or a Committee) is satisfied that the subject-matter of a complaint against a pharmacist is proved, the Board may do any one or more of the following:

(a) caution or reprimand the person,

(b) order that the person seek medical or psychiatric treatment or counselling,

(c) order that such conditions, relating to the person’s practising pharmacy, as it considers appropriate be imposed on the person’s registration,

(d) order that the person complete such educational courses as are specified by the Board,

(e) order that the person report on the person’s pharmacy practice at the times, in the manner and to the persons specified by the Board,

(f) order that the person seek and take advice, in relation to the management of the person’s pharmacy practice, from such persons as are specified by the Board,

(g) by its order, impose a fine on the person of an amount, not exceeding 40 penalty units, specified in the order,

(h) by its order, suspend the person’s registration for such period (not exceeding 12 months) as the Board thinks fit,

(i) by its order, remove the person’s name from the register.

(2) If a pharmacist’s registration is suspended under this section, the secretary must note in the register the suspension and its date and cause.

(2A) If the Board makes an order under subsection (1) (h) or (i) in respect of a person and it is satisfied that the person poses a substantial risk to the health of members of the public, it may by order (a "prohibition order") do any one or more of the following:

(a) prohibit the person from providing health services or specified health services for the period specified in the order or permanently,

(b) place such conditions as the Board thinks appropriate on the provision of health services or specified health services by the person for the period specified in the order or permanently.

Note: Section 10AK (1) of the Public Health Act 1991 provides that it is an offence for a person to provide a health service in contravention of a prohibition order.

(2B) If the Board is aware that a person in respect of whom it is proposing to make a prohibition order is registered under a health registration Act other than this Act, the Board is, before making the prohibition order, to notify the board constituted under that other Act of the proposed order and give that board an opportunity to make a submission.

(3) The Board is not to suspend a person’s registration or remove a person’s name from the register for having committed an offence if, having regard to the nature of the offence or the circumstances under which it was committed, the Board is of the opinion that it does not render the person unfit in the public interest to be registered as a pharmacist.

(4) Any fine imposed under this section:

(a) is to be paid to the registrar who is to pay it to the credit of the Consolidated Fund in such manner as the Treasurer may direct, and

(b) may be recovered as a debt due to the Crown in a court of competent jurisdiction.