HEALTH PRACTITIONER REGULATION NATIONAL LAW (SOUTH AUSTRALIA) ACT 2010 - SECT 26
HEALTH PRACTITIONER REGULATION NATIONAL LAW (SOUTH AUSTRALIA) ACT 2010 - SECT 26
(1) In this Part,
unless the contrary intention appears—
"authorised officer" means a person appointed to be an authorised officer
under Division 7;
"Authority" means the Pharmacy Regulation Authority SA constituted under this
Part;
"dentist" means a person registered under the Health Practitioner Regulation
National Law —
(a) to
practise in the dental profession as a dentist (other than as a student); and
(b) in
the dentists division of that profession;
"director" of a body corporate means a member of the board or committee of
management of the body corporate, whether validly appointed or not;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"friendly society" means a company that is a friendly society under the
Corporations Act 2001 of the Commonwealth and that—
(a)
provides mutual benefits to its members; and
(b) is a
non-profit organisation; and
(c) has
at least 100 members; and
(d) has
a constitution that provides that the main object of the company is to carry
on the business of pharmacy;
"Friendly Society Medical Association Limited" means the friendly society
registered under the Corporations Act 2001 of the Commonwealth as a public
company under the name Friendly Society Medical Association Limited
(ACN 088 347 602);
"General Manager" means the General Manager of the Authority and includes a
person for the time being acting in that position;
"medical practitioner" means a person registered under the Health Practitioner
Regulation National Law to practise in the medical profession (other than as a
student);
"Metropolitan Adelaide" has the same meaning as in the
Development Act 1993 ;
"pharmacist" means a person registered under the Health Practitioner
Regulation National Law in the pharmacy profession (other than as a student);
"pharmacist controlled company" means a company within the meaning of the
Corporations Act 2001 of the Commonwealth—
(a) in
which—
(i)
at least 1 director is a pharmacist; and
(ii)
every director is either a pharmacist or a
prescribed relative of a pharmacist; and
(b)
where each holder of shares, or of a beneficial or legal interest in shares,
in the company is—
(i)
a pharmacist or a prescribed relative of a pharmacist; or
(ii)
a recognised corporate pharmacy services provider; or
(iii)
a recognised trustee pharmacy services provider; and
(c) in
which a pharmacist is, or pharmacists are, entitled to control the exercise of
at least 50% of the voting power—
(i)
at meetings of the directors of the company; or
(ii)
attached to voting shares issued by the company;
"pharmacist controlled trust" means a trust where each trustee is—
(a) a
pharmacist; or
(b) a
prescribed relative of a pharmacist as long as at least 1 other trustee is a
pharmacist; or
(c) a
pharmacist controlled company; or
(d) a
person of a prescribed class;
"pharmacy", in relation to premises, means premises registered on the register
of pharmacies kept under this Part;
"pharmacy business" means a business consisting of or involving the provision
of pharmacy services;
"pharmacy depot" means premises (other than a pharmacy) at which—
(a)
prescriptions for drugs or medicines are left for dispensing by a pharmacist;
or
(b)
drugs or medicines dispensed by a pharmacist on prescription are left for
collection by or on behalf of the person for whom the drugs or medicines are
prescribed;
"pharmacy services" or "pharmacy" means—
(a)
restricted pharmacy services; or
(b)
other health services (including the supply of goods and the provision of
advice) provided in the course of practice by a pharmacist or a person who
holds himself or herself out, or is held out by another, as a pharmacist;
"pharmacy services provider" means—
(a) any
person who holds a proprietary interest in a pharmacy business; or
(b) any
person referred to in section 51(2);
"prescribed relative", in relation to a person, means a parent, spouse,
domestic partner, child, grandchild, brother or sister of the person;
"proprietary interest", in relation to a pharmacy business, means a legal or
beneficial interest, and includes an interest as—
(a) a
sole proprietor; or
(b) a
partner; or
(c) a
director, member or shareholder of a company, as defined in the
Corporations Act 2001 of the Commonwealth; or
(d) a
trustee or beneficiary of a trust,
and has the meaning affected by subsection (2);
"provide", in relation to pharmacy services, means provide services personally
or through the instrumentality of another, and includes offer to provide;
"related body corporate" has the same meaning as in the Corporations Act 2001
of the Commonwealth;
"repealed Act" means the Pharmacy Practice Act 2007 ;
"restricted pharmacy services" means—
(a)
dispensing drugs or medicines on the prescription of a medical practitioner,
dentist, veterinary surgeon or other person authorised to prescribe the drugs
or medicines; or
(b)
other services declared by the regulations to be restricted pharmacy services;
"spouse"—a person is a spouse of another if they are legally married;
"unprofessional conduct" includes—
(a)
improper or unethical conduct in relation to professional practice; and
(b)
incompetence or negligence in relation to the provision of pharmacy services;
and
(c) a
contravention of or failure to comply with—
(i)
a provision of this Act or the Health Practitioner
Regulation National Law ; or
(ii)
a code of conduct prepared or endorsed by the Authority
under this Act; and
(d)
conduct that constitutes an offence punishable by imprisonment for 1 year
or more under some other Act or law;
"veterinary surgeon" means a person who is registered as a veterinary surgeon
under the law of this State.
(2) Without limiting
the generality of the expression, a person will be taken to hold a proprietary
interest in a pharmacy business if—
(a) the
person is a party to an arrangement of a kind prescribed by the regulations;
or
(b) the
person, in the course of carrying on a business, provides a benefit to another
for which the person is entitled to receive the profits or income, or a share
in the profits or income, of a pharmacy business; or
(c) the
person has, under a franchise or other commercial arrangement, a right to
receive consideration that varies according to the profits or income of a
pharmacy business.
(3) For the purposes
of this Part, each of the following is a
"recognised corporate pharmacy services provider":
(a) a
pharmacist controlled company;
(b) a
friendly society;
(c) a
company that carried on a pharmacy business on 1 August 1942 and has
continued to do so since that date other than—
(i)
Friendly Society Medical Association Limited; or
(ii)
The Mount Gambier United Friendly Societies Dispensary
Limited.
(4) For the purposes
of this Part, a "recognised trustee pharmacy services provider is any
pharmacist controlled trust.
(5) For the purposes
of this Part, a person occupies a "position of authority in a
recognised corporate pharmacy services provider if the person—
(a) is a
director of the body corporate; or
(b)
exercises, or is in a position to exercise, control or substantial influence
over the body corporate in the conduct of its affairs; or
(c)
manages, or is to manage, the business of the body corporate insofar as that
business consists of the provision of pharmacy services; or
(d)
where the body corporate is a proprietary company—is a shareholder in
the body corporate.
(6) For the purposes
of this Part, a person who holds more than 10% of the issued share capital of
a public company will be regarded as a person occupying
a "position of authority" in that company.
(7) For the purposes
of this Part, a person occupies a "position of authority in a recognised
trustee pharmacy services provider if the person is a trustee or beneficiary
of the trust.
(8) However—
(a) a
minor who is a shareholder in a proprietary company, or a beneficiary under a
trust, is not, for that reason, to be regarded as a person
occupying a "position of authority"; and
(b) a
charitable organisation that is a beneficiary of a trust is not, for
that reason, to be regarded as occupying a "position of authority"; and
(c) a
reference in a preceding provision to a beneficiary of a trust is a reference
to a beneficiary who receives distributions from the trust.