Queensland Consolidated Acts

PHARMACISTS REGISTRATION ACT 2001

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

           Division 1--Introduction

   1.      Short title
   2.      Commencement

           Division 2--Operation of Act

   3.      Act binds all persons
   4.      The legislative scheme
   5.      Board's decisions to accord with decisions of certain bodies under the Health Practitioners (Professional Standards Act 1999
   6.      Application of Act
   7.      Mutual recognition legislation not affected

           Division 3--Objects

   8.      Objects of Act

           Division 4--Interpretation

   9.      Definitions

           Part 2--Pharmacists Board of Queensland

           Division 1--Establishment and functions

   10.     Establishment of board
   11.     Board's relationship with the State
   12.     Functions of board
   13.     Board's independence etc.
   14.     Powers of board
   15.     Delegation by board

           Division 2--Membership

   16.     Membership of board
   17.     Registrant members
   18.     Public members
   19.     Certain nominee board members
   20.     Chairperson and deputy chairperson of board
   21.     Term of appointment
   22.     Disqualification from membership
   23.     Vacation of office
   24.     When notice of resignation takes effect
   25.     Leave of absence for a member
   26.     Effect of vacancy in membership of board
   27.     Remuneration of members

           Division 3--Board business

   28.     Conduct of business
   29.     Times and places of meetings
   30.     Quorum
   31.     Presiding at meetings
   32.     Conduct of meetings
   33.     Minutes

           Division 4--Board committees

   34.     Committees
   35.     Remuneration of committee members

           Division 5--Disclosure of interests by board members and committee members

   36.     Disclosure of interests

           Division 6--Directions by Minister

   37.     Minister's power to give directions in the public interest

           Division 7--Annual reports

   38.     Matters to be included in annual report

           Division 8--Other provisions about the board

   39.     Board is statutory body under the Financial Accountability Act 2009
   40.     Board is statutory body under the Statutory Bodies Financial Arrangements Act 1982
   41.     Board's common seal

           Part 3--Registration

           Division 1--Preliminary

   42.     Who may apply for registration

           Division 2--Applications for general registration
           Subdivision 1--Applications

   43.     Procedural requirements for applications
           Subdivision 2--Eligibility for general registration
   44.     Eligibility
   45.     When applicant is qualified for general registration
   46.     Fitness to practise the profession
   47.     Training required for general registration
   48.     Practice required for general registration
   49.     Experience in the practice of the profession
           Subdivision 3--Inquiries into applications
   50.     Board's powers before deciding applications
   51.     Appointment of appropriately qualified person to conduct health assessment
   52.     Report about health assessment
   53.     Use of assessment report
   54.     Payment for health assessments and reports
           Subdivision 4--Decision on applications
   55.     Decision
   56.     Steps to be taken after application decided
   57.     Failure to decide applications
   58.     Further consideration of applications
           Subdivision 5--Information in certificates of general registration
   59.     Forms of certificates of general registration
           Subdivision 6--Period of general registration
   60.     Period
           Subdivision 7--Conditions of general registration
   61.     Imposition of conditions by board
   62.     Contravention of conditions

           Division 3--Provisional general registration

   63.     Meaning of authorised person for div 3
   64.     Provisional general registration of a person
   65.     Confirmation or cancellation of provisional general registration
   66.     Procedure after cancellation of provisional general registration
   67.     Form of certificate of provisional general registration
   68.     Period
   69.     Board decides to register provisional general registrant as a general registrant
   70.     Board decides to refuse to register provisional general registrant as a general registrant
   71.     Deemed refusal by board to register provisional general registrant as a general registrant

           Division 4--Renewal of general registrations
           Subdivision 1--Preliminary

   71A.    Non-application of div 4 to short-term registration
   72.     Meaning of recency of practice requirements
           Subdivision 2--Applications for renewal of general registrations
   73.     Notification of imminent expiry of registration
   74.     Procedural requirements for applications
   75.     General registration taken to be in force while application is considered
           Subdivision 3--Decision on applications
   76.     Inquiries into applications
   77.     Decision
   78.     Recency of practice requirements are not satisfied
   79.     Steps to be taken after application decided

           Division 5--Restoration of general registrations

   79A.    Non-application of div 5 to short-term registration
   80.     Application of div 4, sdivs 1 and 3
   81.     When an application for restoration of a general registration may be made
   82.     Procedural requirements for applications
   83.     Period of restored registration
   84.     Conditions of expired registration
   85.     When recency of practice conditions take effect

           Division 6--Cancellation of general registrations

   86.     Ground for cancellation
   87.     Show cause notice
   88.     Representations about show cause notices
   89.     Ending show cause process without further action
   90.     Cancellation
   91.     Return of cancelled certificate of general registration to board

           Division 7--Reviewing conditions of general registrations
           Subdivision 1--Review of conditions imposed by the board or District Court

   92.     Review of conditions
   93.     How registrant may start a review
   94.     Review of conditions during review period
   95.     Board's powers before making decision
   96.     Application of ss 51-54
   97.     Deemed withdrawal of applications etc.
   98.     Decision
   99.     When decision takes effect
   100.    Failure by board to make decision on application
   101.    Failure by board to make decision on review agreed to under s 94
   102.    Further decision required if certain conditions changed
           Subdivision 2--Recording change, or removal, of conditions
   103.    Amending, replacing, or issuing new, certificate of general registration

           Division 8--Special purpose registrations
           Subdivision 1--Applications for special purpose registration

   104.    Undertaking of special activities relating to the profession
   105.    Application of divs 2 and 3
   106.    Eligibility
   107.    Qualifications for special purpose registration
   108.    Suitability to be a special purpose registrant
   109.    Period of special purpose registration
   110.    Imposition of conditions by board
   111.    Contravention of conditions
           Subdivision 2--Renewal of special purpose registrations
   111A.   Non-application of sdiv 2 to short-term registration
   112.    Application of div 4, sdivs 2 and 3
   113.    Matters that may be considered in deciding whether to renew special purpose registrations
   114.    Imposition of conditions by board
   115.    Period of renewed special purpose registration
           Subdivision 3--Cancellation of special purpose registrations
   116.    Application of div 6
   117.    Grounds for cancellation
           Subdivision 4--Removal of conditions
   118.    Removal

           Division 9--General provisions about registrations

   119.    Person is taken to be registered under this part
   120.    Surrender of registrations
   121.    Replacement of certificates of registration
   122.    Certified copy of certificates of registration
   123.    Notification of change in circumstances
   124.    Notification of certain events to interstate regulatory authorities and other entities
   124A.   Short-term registration

           Part 4--Obligations of registrants and other persons

           Division 1--Restricted titles and holding out

   125.    Taking of restricted titles etc.
   126.    Claims by persons as to registration
   127.    Claims by persons as to other persons' registration
   128.    Restrictions on special purpose registrants, provisional general registrants and provisional special purpose registrants
   129.    Restrictions on registrants registered on conditions

           Division 2--Notification of business names and other details

   130.    Notification of business names etc.
   131.    Notification of change in business names etc.

           Division 3--Advertising

   132.    Obligations of advertisers
   133.    Information to appear in advertisements

           Division 4--Registrants' autonomy

   134.    Aiding, abetting etc. conduct that is a ground for disciplinary action

           Division 5--Court orders and injunctions

   135.    Persons may be prohibited from supplying health services etc.
   136.    Injunctions

           Division 6--Reprisals

   137.    Reprisal and grounds for reprisals
   138.    Offence for taking reprisal
   139.    Damages entitlement for reprisal

           Division 6A--Ownership of pharmacy business

   139A.   Definitions
   139B.   Restriction on who may own pharmacy business
   139C.   Registrant whose registration is suspended or cancelled may own pharmacy business for limited period
   139D.   Person who stops being registrant's spouse may continue as director or shareholder for limited period
   139E.   Executor, administrator or trustee of registrant's estate may own pharmacy business for limited period
   139F.   Friendly society that demutualises may own pharmacy business for limited period
   139G.   Trustee, liquidator, receiver or administrator does not commit offence against s 139B
   139H.   Restriction on number of pharmacy businesses in which a person may have beneficial interest
   139I.   Certain arrangements about control of pharmacy business void

           Division 7--Other provisions

   140.    Payment, or acceptance of payment, for referrals prohibited
   141.    Pharmacy business to be carried on under supervision of registrant

           Part 5--Investigation and enforcement

           Division 1--Inspectors

   142.    Functions of inspectors
   143.    Powers of inspectors
   144.    Limitation on powers of inspectors

           Division 2--Appointment of inspectors and other matters

   145.    Appointments
   146.    Appointment conditions
   147.    Identity cards
   148.    Failure to return identity card
   149.    Production or display of inspector's identity card

           Division 3--Powers of inspectors
           Subdivision 1--Entry of places

   150.    Power to enter places
           Subdivision 2--Procedure for entry
   151.    Entry with consent
   152.    Application for warrant
   153.    Issue of warrant
   154.    Special warrants
   155.    Warrants—procedure before entry
           Subdivision 3--Powers after entry
   156.    General powers after entering places
   157.    Failure to help inspector
   158.    Failure to give information
           Subdivision 4--Power to seize evidence
   159.    Seizing evidence at a place that may be entered without consent or warrant
   160.    Seizing evidence at a place that may only be entered with consent or warrant
   161.    Securing seized things
   162.    Tampering with seized things
   163.    Powers to support seizure
   164.    Receipts for seized things
   165.    Forfeiture of seized things
   166.    Forfeiture on conviction
   167.    Dealing with forfeited things etc.
   168.    Return of seized things
   169.    Access to seized things
           Subdivision 5--Power to obtain information
   170.    Power to require name and address
   171.    Failure to give name or address
   172.    Power to require production of documents
   173.    Failure to produce document
   174.    Power to require information

           Division 4--General enforcement matters

   175.    Notice of damage
   176.    Compensation
   177.    False or misleading information
   178.    False or misleading documents
   179.    Obstructing inspectors
   180.    Impersonation of inspectors

           Part 6--Appeals

   181.    Who may appeal
   182.    Starting appeals
   183.    Hearing procedures
   184.    Powers of court on appeal
   185.    Appointment of assessors

           Part 7--Legal proceedings

           Division 1--Evidence

   186.    Application of division
   187.    Appointments and authority
   188.    Signatures
   189.    Evidentiary provisions

           Division 2--Proceedings

   190.    Indictable and summary offences
   191.    Proceedings for indictable offences
   192.    Limitation on who may summarily hear indictable offence
   193.    Limitation on time for starting summary proceedings
   194.    Allegations of false or misleading information or documents
   195.    Penalties to be paid to board
   196.    Responsibility for acts or omissions of representatives
   197.    Executive officers must ensure corporation complies with Act

           Part 8--Register, records and information

           Division 1--Register

   198.    Register to be kept
   199.    Inspection of register

           Division 2--Records to be kept

   200.    Records

           Division 3--Information

   201.    Confidentiality of information
   202.    Board's annual report must disclose authorisation

           Part 9--Miscellaneous

           Division 1--Abandoned, and other, health records

   203.    Definitions for div 1
   204.    Board may take possession of abandoned health records
   205.    Health records forming part of deceased estate
   206.    Health records of persons convicted of an offence against s 125(1) or (6) or 126
   207.    Dealing with certain health records seized under s 159 or 160
   208.    How board may deal with health records
   209.    Destruction of health records

           Division 2--Continuing professional education of registrants

   210.    Continuing professional education programs

           Division 3--Other provisions

   211.    Protecting officials from liability
   212.    False or misleading information or documents
   213.    Certificates etc. not to be false or misleading
   214.    Application of provisions
   215.    Approval of forms
   216.    Examination fees
   217.    Regulation-making power

           Part 10--Repeal, transitional and savings provisions

           Division 1--Repeal

   218.    Repeal of Pharmacy Act 1976

           Division 2--Transitional provisions

   219.    Definitions for div 2
   220.    References to repealed Act or former board
   221.    Board is the legal successor
   222.    Assets and liabilities etc.
   223.    Service agreements
   224.    Proceedings
   225.    Dealing with matter under Health Practitioners (Professional Standards) Act 1999
   226.    Offences
   227.    Membership of board
   228.    Chairperson and deputy chairperson of board
   229.    Appeals
   230.    Existing registrations
   231.    Existing applications for registration
   232.    Existing applications for restoration of registration
   233.    Suspended registrations
   234.    Sections 130 and 133 ineffective for 6 months
   235.    Records
   236.    Certain Act has not been repealed
           SCHEDULE 1 DECISIONS FOR WHICH INFORMATION NOTICES MUST BE GIVEN
           SCHEDULE 4 DICTIONARY
           Endnotes