Bill 43 - An Act Respecting the New Brunswick College of Pharmacists

BILL 43

An Act Respecting the New Brunswick College of Pharmacists

WHEREAS the New Brunswick Pharmaceutical Society prays that it be enacted as hereinafter set forth;

THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 This Act may be cited as the New Brunswick Pharmacy Act, 2014.

PART I - DEFINITIONS AND INTERPRETATION

2 The following definitions apply in this Act and in its regulations.

“administer” means the direct application of a drug, or treatment, to the body of a client by ingestion, application, inhalation, injection, or any other means. (administrer)

“Administrator” means the Administrator of Complaints appointed by Council to carry out the responsibilities set out in Part X. (administrateur)

“applicant” means a person applying for admission to membership in the College or reinstatement in the College. (postulant)

“certificate of operation” means a certificate of any category authorizing the operation of a pharmacy, and issued to a manager. (certificat d’exploitation)

“Certified dispenser” means a person whose name is entered on a register of Certified dispensers. (dispensateur agréé)

“Code of Ethics” means the Code of Ethics adopted by the College, as amended from time to time. (Code de déontologie)

“College” means the New Brunswick College of Pharmacists. (Ordre)

“compound” means to prepare components into a drug product, including the preparing of drugs or devices in anticipation of receiving prescriptions based on routine, regularly observed prescribing patterns. (composition)

“conduct” includes an act or omission. (conduite)

“Council” means the Council of the College. (Conseil)

“Court” means The Court of Queen’s Bench of New Brunswick. (Cour)

“day” means a calendar day. (jour)

“dispensing” means the interpretation and clarification of a prescriber’s order and the assembly and preparation of the order for delivery to the client. (exécuter une ordonnance ou dispenser)

“document” includes

(a) any record containing information whether in legible, visible or audible form, or stored electronically;

(b) files, papers, books, accounting records, banking records, prescriptions, photographs, plans, charts, prints, drawings, films, tapes, video cassettes, diskettes, word processing software and other machine readable records regardless of physical form or characteristics; and

(document)

“drug” includes any substance or mixture of substances manufactured, compounded, sold or represented for use in:

(a) the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings or animals; or

(b) restoring, correcting or modifying organic functions in human beings or animals.

(médicament)

“employee” means a person directly or indirectly providing services to an employer, whether as an independent contractor or employee, and regardless of whether such services are provided on a full-time, part-time or casual basis. (employé)

“health professional” means a person who provides a service related to:

(a) the preservation or improvement of the health of individuals; or

(b) the diagnosis, treatment or care of individuals who are injured, sick, disabled or infirm,

and who is regulated under a private Act of a Canadian legislature, or Parliament, with respect to the provision of the service, and includes a social worker registered under the New Brunswick Association of Social Workers Act, 1988. (professionnel de la santé)

“inspector” means a person appointed by Council or the Registrar, or the Registrar himself or herself, to investigate, audit or inspect matters related to the practice of pharmacy. (inspecteur)

“intern” means a person whose name is entered in the register of interns. (stagiaire)

“internship” means a period of practical training under the supervision of a preceptor approved by Council. (stage)

“lay representative” means a person who is appointed as a public representative under this Act. (représentant du public)

“limited access drug” means a drug which shall not be sold

(a) without a prescription; or

(b) without the supervision or intervention

of a member in accordance with this Act and the Schedules established pursuant to section 27.

(médicament à accès limité)

“manager” means the member designated to have authority over and be responsible for the operation of the pharmacy. (gérant)

“member” means a member of the College as defined in Part VIII. (membre)

“Minister” means the Minister of Health for New Brunswick, or his or her successor. (ministre)

“person” includes an individual, a partnership, a corporation and any other organization or entity. (personne)

“pharmaceutical alternative” is a drug product that contains the same therapeutic moiety, but different salts, esters, or complexes of that moiety, or is a different dosage form or strength. (substitut pharmaceutique)

“pharmaceutically equivalent” means a drug product that, in comparison with another drug, contains identical amounts of the identical medicinal ingredients, in comparable dosage forms, but that does not necessarily contain the same non-medicinal ingredients. (équivalent pharmaceutique)

“pharmacist” means a person whose name is entered on a register of pharmacists. (pharmacien)

“pharmacist student” means a person whose name is entered on a register of pharmacist students. (étudiant en pharmacie)

“pharmacy” means

(a) the location where distributive, cognitive or consultative services are provided to the general public relating to drugs, medicines, compounding, dispensing prescriptions or health; and

(b) other locations as defined in the regulations. (pharmacie)

“pharmacy residency” is an organized, directed, accredited program that builds upon knowledge, skills, attitudes, and abilities gained from an accredited professional pharmacy degree program, with the purpose of enhancing general competencies in managing medication-use systems and supporting optimal medication therapy outcomes for clients with a broad range of disease states. (résidence en pharmacie )

“pharmacy technician” means a person whose name is entered on a register of technicians. (technicien en pharmacie)

“pharmacy technician student” means a person whose name is entered on a register of pharmacy technician students. (étudiant en technique pharmaceutique)

“practice directive” means a written statement made by Council for the purpose of giving practice direction to the members. (directive professionnelle)

“preceptor” means a person who meets the qualifications prescribed in the regulations. (précepteur)

“prescriber” means a legally qualified health professional or a veterinarian, authorized to prescribe drugs or devices in any Canadian jurisdiction, and who gives a prescription. (prescripteur)

“prescription” means a direction given by a prescriber directing that a drug, device, or treatment specified in the direction be dispensed for the person named, or animal described, in the direction. (ordonnance ou prescription)

“record” includes documents as well as information described in the regulations, but does not include electronic software or any mechanism that produces records. (dossier)

“register” means a register established under Part IX. (registre)

“Registrar” means the Registrar of the College appointed under section 13. (registraire)

“regulations” means the regulations of the College made under Part VI, and includes the Code of Ethics. (règlement)

“restriction” means a limitation placed on privileges to practise. (restriction)

“retailer” means a person who sells consumer goods to the public within the Province of New Brunswick and does not operate a pharmacy under the authority of a certificate of operation issued under this Act. (détaillant)

“sell” means to sell, advertise for sale, offer for sale, offer to arrange for another person to sell, expose for sale, have in possession for sale, or distribute, whether or not the distribution is made for consideration. (vendre)

“standards of practice” means the standards regarding the practice of members and the operation of pharmacies established in the regulations. (norme d’exercice)

“supervision” is a process in which two or more persons (one of whom is the person being supervised) participate in a joint effort to promote, establish, maintain and evaluate a level of performance, at levels defined in the regulations. (encadrement)

“suspension” means loss of privileges for a specified period of time. (suspension)

“therapeutic equivalent” means a drug product that can be expected to have the same clinical effect and safety profile as another drug. (équivalent thérapeutique)

“wholesaler” means a person who sells or distributes drugs and devices mainly for resale or business use, but excludes a manufacturer. (grossiste)

PART II - COLLEGE

Incorporation

3(1) The New Brunswick Pharmaceutical Society, incorporated by An Act to incorporate the New Brunswick Pharmaceutical Society, and to regulate the sale of Drugs and Medicines, chapter 20 of 47 Victoria, 1884, continued under the Pharmacy Act, chapter 100 of the Acts of New Brunswick, 1983, as amended, is continued as a body corporate called the New Brunswick College of Pharmacists.

3(2) The head office of the College shall be in New Brunswick at a location determined by Council.

3(3) The College has the capacity and, subject to this Act and the regulations, the rights, powers and privileges of a natural person.

Official languages

4(1) English and French are the official languages of the College.

4(2) Services shall be provided to members and to the public in both official languages.

4(3) Members and the public may use one or both official languages at any meeting of the College, including meetings of Council and all committees.

PART III - OBJECTS

5(1) The objects and duties of the College are to:

(a) promote and protect the health and well-being of the public, in collaboration with other health disciplines, through regulation and development of the pharmacy profession;

(b) require that for the safety of the public, all persons engaged in the practice of pharmacy within the Province are acquainted with the processes of the profession and possess a competent practical knowledge of pharmacy;

(d) regulate the practice of pharmacy and govern its members;

(e) maintain and develop standards of practice for members;

(f) establish, maintain and develop standards of professional ethics for its members;

(g) administer this Act and perform such other duties and exercise such other powers as are imposed or conferred on the College by or under any Act;

(h) uphold and protect the public interest in the practice of pharmacy;

(i) hold forth the independence, integrity and honour of the profession;

(j) establish and maintain standards for the education, knowledge, qualifications, professional responsibility and competence of its members and applicants; and

(k) ensure the safe, rational and effective use of drugs and devices, and support members in the continued improvement of pharmacy services to the public.

5(2) In addition to any other power conferred by this or any other Act, the College may do such things as it considers appropriate to advance the purposes of the College, and in particular, but not so as to limit the foregoing, the College may acquire and hold real and personal property and may alienate, mortgage, lease, charge or dispose of the same or any part thereof.

PART IV - COUNCIL

Council

6(1) The College shall be governed by a Council consisting of Councillors who shall be:

(a) members of the College elected pursuant to section 7, being not fewer than six and not more than twenty-four;

(b) lay representatives appointed pursuant to section 8; and

6(2) Council shall exercise all the powers and functions of the College.

6(3) No action lies against Council, any Councillor, a member of a committee of Council, the Registrar or an appointee of the Registrar, or an employee of the College for any proceeding bona fide taken or enforced or attempted under this Act or the regulations.

6(4) A non-voting representative of a school or college of pharmacy, as appointed by Council, shall have the right to attend meetings of Council.

Elected Councillors

7 Members of the College shall be elected to Council in the number and manner provided for in the regulations.

Lay representatives on Council

8(1) The Minister may appoint not more than three persons to Council.

8(2) Each Ministerial appointment to Council shall:

(a) be a resident of New Brunswick;

(b) not be, and never have been, a pharmacist, certified dispenser or pharmacy technician;

(d) be at arm’s length to the pharmaceutical business, as “arm’s length” is defined in the Income Tax Act (Canada).

8(3) The term and conditions of Ministerial appointments to Council shall be as set out in the regulations.

President and President-Elect

9 Councillors shall elect from among themselves, in accordance with the regulations, a President and a President-Elect who shall hold office for a term provided for in the regulations.

PART V - POWERS OF COUNCIL

10(1) Council shall govern and administer the affairs of the College and may exercise all of the powers attributed to it in this Act and in the regulations.

10(2) Without limiting the generality of the foregoing, and subject to paragraph 14(2)(a), Council may

(a) establish and determine the powers and duties of committees, and make and terminate appointments and fill vacancies on committees;

(b) require that the Chair or that one or more members of committees be Councillors;

(c) determine the conditions of membership and the qualifications, rights and privileges for each category of membership in the College and on each register;

(d) fix all fees, assessments and fines to be paid by applicants and members for licensing, examinations, continuing education, discipline and as may otherwise be requisite for the purposes of the College, including due dates, provisions for instalment payments and penalties for late payment, and the consequences on membership of not paying by their due date;

(e) use the fees, assessments and any other funds of the College, including funds previously collected or designated for a special purpose before the commencement of this Act, for the purposes of the College;

(f) require members to maintain insurance that provides indemnity against professional liability claims, and govern the coverage required to be carried;

(g) set standards of competence that Council considers necessary or advisable to ensure that members have adequate skill and knowledge;

(h) obtain insurance protecting the College, persons on Council and on committees and employees of the College, past and present, against liability arising out of the operations or activities of the College and providing for indemnity with respect to any claims arising out of any acts done or not done by any person in good faith under the provisions of this Act or the regulations;

(i) establish a system of compulsory Continuous Professional Development;

(j) require that every member, unless exempted in writing by the Registrar in accordance with the regulations, attend and successfully complete a course of study approved by Council as a condition of the right to practise pharmacy or to continue to practise pharmacy;

(k) maintain a professional conduct record for members and former members of the College;

(l) adopt Standards of Practice and a Code of Ethics;

(m) approve forms to be used for the purposes of this Act and the regulations;

(n) appoint ex officio non-voting persons to Council for such term as Council determines;

(o) regulate the offering and distributing, directly or indirectly, of gifts, rebates, bonuses, loyalty points or other inducement with respect to prescriptions and prescription services; and

(p) take any action it considers necessary for the promotion, protection, interest or welfare of the College.

Real Property

11 Subject to the regulations of the College, Council has the sole control and management of the property of the College, including real property being acquired, alienated, mortgaged, charged, or disposed of.

Committees

12 Council shall establish and appoint as here provided the following committees:

(a) the Complaints Committee,

(b) the Discipline and Fitness to Practise Committee,

Registrar

13 Council shall appoint a Registrar who shall have powers and duties incidental to the position assigned under this Act, the regulations and by Council, and Council may appoint an Acting Registrar.

PART VI - REGULATIONS OF THE COLLEGE

General

14(1) Council may make and amend regulations for governing the College, its members, former members and for otherwise carrying out the responsibilities of the College.

14(2) Without limiting the generality of the foregoing, the regulations may:

(a) provide for the exercise by Council of the powers in subsection 10(2);

(b) subject to section 4, regulate the use of the official languages within the College;

(c) require and prescribe the documents to be maintained by members and former members, establish standards for the maintenance of the documents, provide for the inspection of the documents and for answering questions put to members and former members, and require members and former members to provide information and documents to the College, and to file reports with the College;

(d) provide for the inspection of the practice of members whether or not a complaint has been received, or received and withdrawn, and whether or not it appears there has been conduct deserving sanction;

(e) provide for the fines that can be imposed by the Complaints Committee and by the Discipline and Fitness to Practise Committee;

(f) establish the proportion of the Discipline and Fitness to Practise Committee acting under section 100 that must vote in favour of expulsion or suspension for the motion to carry;

(g) provide for the advertising of professional services and advertising by members;

(h) require as a condition of continued registration the maintenance of membership in specified associations of pharmacists;

(i) establish, define, maintain, develop and enforce the qualifications as to education, character, experience and recency of practice requirements required by any person before being entered in a register of the College, including establishing other requirements to be met by applicants for registration and for renewal and reinstatement of registration;

(j) establish registers of members and designate what information contained in a register may be made public;

(k) cause examinations to be held;

(l) establish the qualifications and requirements of preceptors;

(m) provide for the registration of pharmacies, including creating separate categories of certificates of operation, establishing the qualifications, requirements and scope of operation for each category, the renewal and reinstatement of certificates of operation and registers of pharmacies;

(n) establish the requirements for Conditional Registration and Emergency Registration and the rights of members on those registers;

(o) specify the conditions under which

(i) a member of the profession of pharmacy of another Canadian province or territory may practise pharmacy in New Brunswick, and

(ii) a person who is qualified to practise pharmacy in a country other than Canada or in an internal jurisdiction of that country may practise in New Brunswick;

(p) establish requirements respecting the interpretation of client-administered automated tests by members and respecting the ordering and receiving of screening and diagnostic tests by members;

(q) define activities or circumstances in which a member may delegate tasks to members and other persons, and establish the degree of supervision required;

(r) establish requirements governing the method of publishing a notice of the suspension or cancellation of a registration or certificate of operation, a censure, or a decision of the Discipline and Fitness to Practise Committee;

(s) allow electronic records management; and

(t) provide for any other matter necessary or advisable for carrying out the objects of this Act.

Regulations respecting pharmacists

15(1) As regards pharmacists, Council shall make regulations that establish:

(a) criteria and conditions under which pharmacists are permitted to practise pharmacy;

(b) conditions under which a pharmacist may prescribe drugs, treatments and devices;

(c) conditions and requirements governing the sale of drugs, devices and treatments, including the conditions under which a pharmacist may dispense a pharmaceutical equivalent, a pharmaceutical alternative, a therapeutic equivalent; and

(d) conditions for collaborative agreements with other health professions and veterinarians.

15(2) Council shall make regulations imposing on persons desiring to become pharmacists:

(a) the educational requirements to be met;

(b) a period of internship for a set time period; and

Regulations respecting pharmacy

technicians

16(1) As regards to pharmacy technicians, Council shall make regulations that establish:

(a) criteria and conditions under which pharmacy technicians are permitted to practise pharmacy, subject to subsection 49(3);

(b) conditions under which a pharmacy technician can deliver treatments and devices.

16(2) Council shall make regulations imposing on persons desiring to become pharmacy technicians:

(a) the educational requirements to be met;

(b) a period of internship for a set time period; and

Regulations respecting all members

17 As regards all members, Council shall make regulations that establish:

(a) when a member is deemed to be in good standing;

(b) when the Registrar can issue licences;

(d) the circumstances when the Registrar may cancel, revoke or suspend a licence;

(e) conditions and requirements governing return to practice;

(f) scholarship and bursary programs for people engaged in a program of pharmacy education;

(g) qualifications required to be met by members who seek to act as preceptors;

(h) the duties of preceptors;

(i) limits of the number of students per preceptor; and

(j) such things as it considers appropriate to advance the purposes of the College.

Regulations respecting pharmacies

18 With regards to pharmacies, Council shall make regulations that establish:

(a) criteria and conditions for the establishment and operation of pharmacies, including:

(i) licensing criteria,

(ii) minimum insurance coverage providing indemnity against professional liability claims,

(iii) the effect of change of ownership,

(iv) quality management programs;

(b) when the Registrar can issue certificates of operation;

(d) the authority of the Registrar to appoint custodians of pharmacies, including the authority the Registrar may devolve on the custodian, and the notice that must be served;

(e) requirements for filing a separate application for a certificate of operation for a separate facility that is part of a pharmacy operation;

(f) the circumstances in which a change in the ownership or control of a pharmacy must be reported;

(g) the obligations, required qualifications, conditions and standards for managers; and

(h) the circumstances when the Registrar may cancel, revoke or suspend a certificate of operation.

Regulations respecting governance

19 Council may make regulations

(a) respecting the governance of the College and the management and conduct of its affairs;

(b) providing for giving notice and the practice and procedure respecting annual and special general meetings of the College and meetings of Council, the Complaints Committee, the Discipline and Fitness to Practise Committee and any other committees and panels established under this Act or the regulations;

(c) for the purposes of proceedings under paragraph (b), providing that two or more locations may be joined by telephone or by any other means of communication that permits all persons participating in the meeting to communicate with each other, and provide that a person participating in such a meeting is, for the purposes of this Act and the regulations, present at the meeting and eligible to vote;

(d) respecting the calling and conduct of meetings of the members and Council;

(e) respecting

(i) the nomination, election, appointment, revocation and number of Council members,

(ii) procedures for the holding of elections of Councillors,

(iii) the filling of vacancies or removal of Councillors from Council and on any committee established by Council,

(iv) the appointment of ex officio persons to Council, and to any committee established by Council, and

(v) the terms of office and the duties and functions of Council members, including ex officio members;

(f) establishing the duties and functions of the President and President-Elect, including establishing procedures for the filling of vacancies of the offices of President and President-Elect and procedures for the removal from office;

(g) establishing procedures to prevent the disclosure of any confidential information or information that, but for the provisions of this Act, would be subject to client privilege, which procedures may be made applicable to any person who, in the course of any proceeding under this Act or the regulations, would become privy to the confidential or privileged information;

(h) designating the seal of the College;

(i) providing for the execution of documents by the College;

(j) providing for banking and finance;

(k) fixing the financial year of the College and provide for the audit of the accounts and transactions of the College;

(l) prescribing the remuneration and payment of necessary expenses of the members of Council and committees;

(m) providing for the application of the funds of the College and the investment and reinvestment of any of its funds not immediately required, and for the safekeeping of its securities;

(n) obliging membership of the College in national organizations with similar functions, the payment of an annual assessment and provision for representatives at meetings;

(o) governing the number of members that constitutes a quorum at meetings of the members and Council;

(p) respecting the holding of votes on any matter relating to the College, including voting by mail or any other method;

(q) governing the establishment, operation and proceedings of Council and its committees;

(r) respecting the appointment, remuneration and duties of the Registrar; and

(s) respecting the procedure regarding appeals of decisions of the Registrar.

Incorporation by reference

20 In any regulation, Council may adopt by reference, in whole or in part, any schedule, code, specification, examination, standard or formulary recognized by Council and may also provide that it is adopted as amended from time to time, except such amendments as are expressly disallowed by Council.

Regulation may apply to part of the province, classes of members

21 A regulation may be general or particular in its application and may apply to one or more classes of members, and to the whole or any part of the province.

Coming into effect of regulations

22(1) A new regulation, or the amendment or repeal of a regulation, is not effective unless:

(a) a majority of Councillors then in office vote in favour of it; and

(b) it has been approved, with or without amendment, by majority vote at an annual or special meeting of the College,

and subject to subsection (2), it comes into force upon approval by the members or at such later date as provided in the regulation.

22(2) Subject to the approval of the membership obtained pursuant to the regulations, and the Minister obtained pursuant to subsection (3), Council may make, amend or repeal regulations relating to matters respecting:

(a) Composition of Council and eligibility for Council membership;

(b) admission of members;

(d) the adoption or deletion, in whole or in part, of any nationally accepted schedule or formulary adopted by reference as a Drug Schedule;

(e) the prescribing or administering of drugs;

(f) members’ authority to delegate duties;

(g) criteria for the eligibility to be entered in any of the practice registers, including recognition of educational credentials; and

(h) ordering of diagnostic tests.

22(3) Upon receiving a written request from the College to make, amend or repeal a regulation pursuant to subsection (2), the Minister shall, within thirty days, in writing, either:

(a) approve the request;

(b) reject the request with reason; or

22(4) If no written response is received from the Minister at the end of the original or extended period provided for in subsection (3), the Minister shall be deemed to have accepted the proposed regulation.

22(5) The Council shall forward annually to the Minister a summary of the regulatory changes made in the preceding year.

23 The regulations, once in effect, are binding on the College, its members and former members, Council and all applicants.

24 The Regulations Act does not apply to regulations passed by Council under this Act.

25 The Registrar shall:

(a) provide to each member and applicant a copy of this Act and all regulations made by Council; and

(b) make this Act and all regulations made by Council available for inspection, and for copying at a reasonable cost, by members of the public at the College’s office during regular office hours.

26 This Act and all regulations, when in force, shall be published on the College’s web site, accessible to the public.

27(1) Council shall establish Drug Schedules, and

(a) shall establish in each schedule the conditions under which any drug or substance named in the schedule may be sold or dispensed;

(b) shall establish the percentage of any substance to be contained in any preparation named in the schedule;

(c) shall establish the manner in which prescriptions shall be dispensed in respect of any drug named in the schedule, and the conditions under which the prescriptions may be delivered; and

(d) in any schedule, may adopt by reference, in whole or in part, any schedule or formulary recognized by Council, and, subject to paragraph 22(2)(d), may also provide that it is adopted as amended from time to time, except such amendments as are expressly disallowed by Council.

27(2) Where a Drug Schedule provides that a drug or substance may be sold or dispensed only in a pharmacy, no other person shall sell, dispense or deliver the drug or substance.

27(3) Council may amend the Drug Schedules, from time to time, subject to paragraph 22(2)(d).

PART VII - MEETINGS

Annual general meeting

28 An annual general meeting of the members of the College shall be held each year at a time and place designated by Council, convened in accordance with the regulations.

Auditor

29 At each annual general meeting the members shall appoint an auditor.

30(1) Council may, by resolution delivered to the auditor not less than ten days before a general meeting at which the financial statements of the College are to be considered or the auditor is to be appointed or removed, require the attendance of the auditor at the meeting at the expense of the College, and the auditor shall attend the meeting.

30(2) At any general meeting the auditor, if present, shall answer inquiries concerning the financial statements of the College and the auditor’s opinion of the statements as set out in the auditor’s report.

30(3) The auditor shall, at all times, have access to every document of the College and is entitled to require from Council and employees of the College information and explanations that the auditor considers necessary to enable the preparation of the auditor’s report.

Special general meeting

31 Council may at any time convene a special general meeting of the College, as provided in the regulations.

PART VIII - MEMBERSHIP IN THE COLLEGE

32(1) The membership of the College shall consist of the following categories:

(a) Pharmacists;

(b) Certified dispensers; and

32(2) Subject to the other provisions of this Act, the Registrar shall admit as a member any person who qualifies for admission as provided in the regulations.

Appeals

33 Any person whose application for registration under this Act has been refused by Council may appeal to the Court, and the provisions of section 111 shall apply with the necessary modifications.

Fees and licences

34(1) On or before a date set by Council each year, every member shall pay to the College the annual dues attached to the member’s category, in the amount fixed by Council, plus applicable taxes.

34(2) Every applicant and member shall, on or before the date set by Council, pay to the College any special assessments set by Council

34(3) A member who is suspended from the practice of pharmacy under this Act

(a) is not entitled to a refund of any part of the applicable annual fee for the period of the suspension or any special assessment that the member has paid; and

(b) shall pay the applicable annual fee or special assessment when it is due.

34(4) A person whose membership is revoked is not entitled to a refund of any part of the applicable annual fee or any special assessment paid before the expulsion.

34(5) A member who is suspended or who is in arrears respecting the payment of any money owing to the College is not in good standing.

Continuous Professional Development

35 Members shall complete such mandatory Continuous Professional Development programs and Recency of Practice requirements as prescribed by the regulations as a condition of maintaining membership in the College.

36 A person who has not maintained membership for the last twelve months may be required to meet such other requirements as prescribed by the regulations before being registered as a member.

PART IX - RIGHT TO PRACTISE

Registration

37(1) For each category of membership, the College may establish the following registers by regulation:

(a) Active – Direct client care;

(b) Active – Non-Direct client care;

(d) Non-active;

(e) Retired.

37(2) On entering the name of a person in a register established under subsection (1), the Registrar shall issue a licence to the person, under the seal of the College, in such form as may be prescribed by Council.

37(3) The College may create registers for:

(a) students;

(b) conditional students;

(d) others, as needed.

37(4) The College may also admit honorary members having such rights and privileges as are provided by regulation.

38 A certificate, purporting to contain the signature of the Registrar, stating a person’s standing in the College at the time specified in the certificate shall be proof of that standing, in the absence of evidence to the contrary.

39(1) Every member employed in a pharmacy shall display their current annual licence in a conspicuous public place therein.

39(2) Every pharmacy shall display its current annual certificate of operation in a conspicuous public place therein.

40(1) Where the Registrar has cancelled, revoked or suspended a licence or a certificate of operation in accordance with the regulations, the person shall remove the certificate or licence from public display and return the certificate or licence to the Registrar.

40(2) A member who has voluntarily surrendered a certificate or licence shall remove the certificate or licence from public display, and return the certificate or licence to the Registrar.

Publication of cancellation

41 If a certificate of operation or licence is cancelled, the College may publish the name of the person and the circumstances relevant to the cancellation.

Interim suspension by Registrar

42(1) If the Registrar believes that a matter exists relating to a member’s practice that presents or is likely to present a serious risk to the public, the Registrar may:

(a) direct the member to rectify the matter;

(b) suspend the member’s licence, pending a review of the matter by the Complaints Committee or the Discipline and Fitness to Practise Committee.

42(2) Failure to rectify the matter contrary to paragraph (1)(a) may constitute professional misconduct.

Referral of Complaints

42(3) Upon suspending a licence under paragraph (1)(b), the Registrar shall refer the matter to the Complaints Committee or to the Discipline and Fitness to Practise Committee.

42(4) A panel of the committee shall hold a hearing into the interim suspension within ten days.

42(5) Part X of this Act applies with the necessary modifications to the hearing of the interim suspension.

Notice of suspension

42(6) Upon suspending a licence under paragraph (1)(b), the Registrar shall promptly serve a notice of the suspension on the member who holds the licence and inform the member’s employer, if any.

Disclosure of information to authorities

43(1) The Registrar may disclose to a law enforcement authority any information respecting possible criminal activity on the part of a member or any other person that was obtained during an investigation.

43(2) No action or other proceeding shall be instituted against the Registrar for filing a report in good faith pursuant to subsection (1).

Appeal to Court

44 The cancellation or suspension of a member licence or certificate of operation may be appealed to the Court, in which case section 111 applies with the necessary modifications.

MEMBER LICENCE

Application

45 A person who intends to engage in the practice of pharmacy must be on an active or conditional register.

Entitlement to practise

46 A member’s registration in a register and a current licence entitles the member to engage in the practice of pharmacy in the Province of New Brunswick for the duration of the licence, as limited by those conditions set out in this Act or the regulations that are attached to the member’s category of membership and register.

Specialty practice

47(1) If a member meets the requirements set out in the regulations for a specialty area of practice:

(a) the licence shall reflect that the member is a specialist in the area; and

(b) the member is entitled to hold himself or herself out as a specialist in the area.

Representation as specialist

47(2) No member shall hold out that he or she is a specialist in an area of pharmacy practice unless the specialty is noted on his or her licence under subsection (1).

Duration of licence

48 A member’s licence remains in force for the time prescribed by the regulations.

Practice of pharmacy

49(1) The practice of pharmacy promotes health, the prevention and treatment of diseases, dysfunction and disorders through proper drug therapy and non-drug therapy.

49(2) Without limiting the generality of the foregoing, pharmacists may do the following:

(a) assist and advise clients, and other health care providers by contributing unique drug and non-drug therapy knowledge on drug and non-drug therapy selection and use;

(b) monitor responses and outcomes to drug therapy;

(d) provide non-prescription drugs, blood products, parenteral nutrition, health care aids and devices;

(e) supervise and manage drug distribution systems to maintain public safety and drug system security;

(f) educate clients, and members of the College in matters described in this section;

(g) conduct or collaborate in drug-related research;

(h) conduct or administer drug and other health--related programs;

(i) advise and support other pharmacists in the provision of pharmacy services;

(j) direct clients to consult with other health care providers when appropriate;

(k) accept activities delegated by another health care professional; and

(l) perform the practices set out in section 50, when performed by a member who meets the qualifications and any restrictions or conditions set out in the regulations.

49(3) The practice of pharmacy by pharmacy technicians is limited to:

(a) the distributive component of the dispensing process (drug and product distribution);

(b) compounding and preparing drug products for dispensing;

(d) supervising and managing drug distribution systems to optimize the safety and efficiency of operations;

(e) accepting activities delegated by another health care professional;

(f) directing clients to consult with other health care providers when appropriate; and

(g) other activities defined in the regulations.

49(4) Certified dispensers engaged in the practice of pharmacy under the personal supervision of a pharmacist on an active or conditional register are limited to functions delegated by the pharmacist besides being subject to:

(a) the restrictions and limitations on the practice of the pharmacist; and

(b) the qualifications and conditions set out in the regulations.

49(5) No person other than a member on an active or conditional register may practise pharmacy, provided however that the College may by regulation impose restrictions and limitations on the practice of members on an active non-direct client care or conditional register.

49(6) Honorary members and members on retired or non-active registers are not authorized to practise pharmacy.

49(7) Nothing in this Act or the regulations prevents a pharmacist on an active or conditional register, who is employed in the public sector, from delegating functions to a non-pharmacist under the pharmacist’s supervision.

49(8) Nothing in this Act or the regulations prevents a pharmacy technician on an active or conditional register, who is employed in the public sector, from delegating functions to a non-technician who is under the pharmacy technician’s supervision.

Included practices

50 A pharmacist on an active or conditional register who meets the qualifications set out in the regulations may, subject to any restrictions or conditions set out in the regulations, engage in any of the following practices in the course of practising pharmacy

(a) prescribe drugs, treatments and devices that are designated for the purpose of this section;

(b) administer drugs and treatments that are designated in the regulations for the purpose of this section;

(d) order and receive reports of screening and diagnostic tests that are designated in the regulations; and

(e) administer and interpret tests that are designated in the regulations

Drug to be dispensed only by prescription

51 A pharmacist on an active or conditional register may dispense a drug:

(a) only pursuant to a prescription and in accordance with this Act, the standards of practice, the Code of Ethics, and any relevant practice directive; and

(b) as defined in the regulations.

Application to other persons

52(1) Nothing in this Act or the regulations prevents:

(a) a person from supplying a drug to a member or to a health professional, if authorized by law;

(b) a wholesaler from supplying a drug in the ordinary course of wholesale dealing, if the drug is in a sealed manufacturer’s package and the person receiving the drug is authorized by law to supply, administer or dispense the drug, or to sell the drug by retail sale;

(c) a health professional from carrying on his or her profession, and nothing in this Act or the regulations applies to or shall be construed so as to apply to, alter or in any way modify any provision of a private or public Act or Acts regulating such profession;

(d) the manufacturer of a drug from carrying on its business; or

(e) a person otherwise exempted in the regulations from carrying on their functions.

52(2) Wholesalers of limited access drugs shall maintain a record of all sales of those drugs.

52(3) All wholesalers who distribute limited access drugs shall register with the College in the manner specified in the regulations.

52(4) If the Registrar has reason to believe that a wholesaler has sold a limited access drug to a retailer, the wholesaler shall, within thirty days from date of notification, provide the Registrar with the following records of the sale of limited access drugs sold by that wholesaler within the Province of New Brunswick in the previous year:

(a) the limited access drugs sold;

(b) names and addresses of all retailers who purchased;

(d) the dates of the sales.

52(5) If the Registrar has reason to believe that a retailer has sold a limited access drug to a consumer, the retailer shall, within thirty days from date of notification, provide the Registrar with the following records of the purchase of limited access drug purchased by that retailer from wholesalers within the previous year:

(a) the drug wholesaler name;

(b) the limited access drugs purchased;

(d) the date of the purchase.

Representation as being entitled to practise

53 No person, except a member, shall represent or hold out, expressly or by implication, that the person is entitled to engage in the practice of pharmacy.

54 No person except a member shall take, use or exhibit the words, a variation of any such words or an equivalent in another language of drug, drug store, drug mart, pharmacy or apothecary, or any combination of such words, or any word, title, name or description of like import, or any form designed to take the place of such a word, or use any place with respect to which any of those terms are used in any advertisement or directory listing, implying that the person is entitled to engage in the practice of pharmacy unless the facility has been issued a certificate of operation by the College.

Use of titles

55(1) No person except a pharmacist shall use any of the titles pharmacist, registered pharmacist, licensed pharmacist, pharmaceutical chemist, druggist, apothecary, or dispensing chemist, a variation of any such title or an equivalent in another language.

55(2) No person shall use the initials “PhC”, “R.Ph.” or “RPh” or initials which would imply that the person is a pharmacist, unless the person is a pharmacist under the provisions of this Act.

56 No person except a Certified dispenser shall use the title Certified dispenser or a variation of such title or an equivalent in another language.

57 No person except a pharmacy technician shall use the title pharmacy technician or a variation of such title or an equivalent in another language.

58 No person shall use the initials “R.Ph.T.” or “RPhT” or initials which would imply that the person is a pharmacy technician, unless the person is a pharmacy technician under the provisions of this Act.

59 No person except a pharmacist student shall use any of the title pharmacist student, student pharmacist, pharmacy resident, pharmacy intern or a variation of such title or an equivalent in another language.

60 No person except a pharmacy technician student shall use the title pharmacy technician student or student pharmacist technician or a variation of such title or an equivalent in another language.

Use of titles

61(1) No person except a member shall use any of the following titles in connection with a business:

(a) pharmacy, apothecary, drug store, drug sundries, drug mart;

(b) drug or drugs;

(d) prescription or prescriptions;

(e) medicine, medicines, or medications; or

(f) any similar suffix, prefix, word, title or designation, abbreviated or otherwise,

with respect to locations that are not licensed, or an equivalent in another language.

61(2) A person shall not use any form of expression that implies or appears to be calculated to lead the public to infer that a business may be licensed pursuant to this Act if the business is not so licensed.

62 Where a person has sold or otherwise disposed of or offered to sell or dispose of an article

(a) that purports to be or to contain a drug; or

(b) the container of which is marked to indicate that the contents are or include a drug,

the onus is on that person to establish that the article is not and does not contain the drug.

63 Where a person has sold or otherwise disposed of, or offered to sell or dispose of, an article that the person has represented to be or to contain a drug, the article is conclusively deemed to be or to contain that drug.

64 The presence of a scheduled drug in a location operating a business is proof in the absence of evidence to the contrary that the scheduled drug is kept for dispensing or sale.

65(1) A certificate of analysis from an analyst appointed pursuant to the Food and Drugs Act (Canada), or any successor legislation, stating that the analyst has analysed or examined a substance and stating the result of the analysis or examination, is admissible in evidence in any proceeding under this Act, and is evidence of the statements contained in the certificate.

65(2) Reasonable notice of an intention to introduce a certificate of analysis in evidence shall be given to the person against whom it is to be used, together with a copy of the certificate.

Interim suspension by Registrar

66(1) If the Registrar believes that a matter exists relating to the operation of a pharmacy that presents or is likely to present a serious risk to the public, the Registrar may:

(a) direct the manager to rectify the matter;

(b) suspend the certificate of operation, pending a review of the matter by the Complaints Committee.

66(2) Failure to rectify the matter identified by the Registrar may constitute professional misconduct.

Certificate of operation

67 No person shall establish or operate a pharmacy except under the authority of a certificate of operation issued under this Part.

General

68 The production in any court or proceeding of a register or a copy thereof or an extract therefrom, certified under the hand of the Registrar or Acting Registrar under the seal of the College is prima facie evidence of the statements therein, without proof of the official character or handwriting of such officer or of the seal.

PART X - DISCIPLINE AND COMPETENCE

Interpretation

69(1) The following definitions apply in this Part.

“caution” is intended to express the dissatisfaction of the committee and to forewarn the respondent that if conduct recurs, more serious disciplinary action may be considered. (avertissement)

“censure” is the expression of strong disapproval or harsh criticism. (remontrance)

“conduct deserving censure” includes:

(a) professional misconduct;

(b) conduct unbecoming a member of the College;

(d) incompetence in the practice of pharmacy; and

(e) any other matter that, in the opinion of the Complaints Committee or the Discipline and Fitness to Practise Committee, does not meet the prevailing standards of practice or conduct expected of a member in the practice of pharmacy. (conduite méritant remontrance)

“counsel” is advice as to how to improve the respondent’s practice. (conseils)

“Court of Appeal” means The New Brunswick Court of Appeal. (Cour d’appel)

“incapacitated” means, in relation to a member, that the member has a physical or mental condition or disorder, or substance abuse problem that makes it desirable in the interest of the public that the member no longer be permitted to practise or that the member’s practice be restricted, and “incapacity” has a corresponding meaning. (incapacité)

“incompetence” means, in relation to a member, that the member’s professional care of a client displays lack of knowledge, skill or judgement, or disregard for the welfare of the client of a nature, or to an extent, that demonstrates that the member is unfit to continue to practise, or that the member’s practice should be restricted. (incompétence)

“professional misconduct” means the member has:

(a) pleaded guilty to or been found guilty of an offence that, in the opinion of either the Complaints Committee or the Discipline and Fitness to Practise Committee, is relevant to the member’s suitability to practise or carry out professional responsibilities;

(b) been adjudged guilty of an act of professional misconduct by the governing body of a health profession in a jurisdiction other than New Brunswick that would, in the opinion of either the Complaints Committee or the Discipline and Fitness to Practise Committee, constitute professional misconduct under this Act;

(d) committed an act of professional misconduct as defined in the regulations;

(e) violated or failed to comply with this Act or the regulations;

(f) violated or failed to comply with a condition or limitation imposed on the member’s licence;

(g) failed to submit to an examination ordered by the Committee under subsection 86(1);

(h) sexually abused a client;

(i) failed to file a report pursuant to sections 70, 71 or 72 or paragraphs 18(f) or 14(2)(c); or

(j) continued to practise while knowing himself or herself to be incapacitated.

(faute professionnelle)

“respondent” means a member, former member, applicant or any person whose conduct is being inquired into under this Act. (intimé)

69(2) Sexual abuse of a client by a member means

(a) sexual intercourse or other forms of physical sexual relations between the member and the client;

(b) touching, of a sexual nature, of the client by the member; or

69(3) For the purposes of subsection (2), “sexual nature” does not include touching, behaviour or remarks of a clinical nature appropriate to the service provided.

Mandatory reporting of sexual abuse

70(1) A member who, in the course of practising the profession, has reasonable grounds to believe that another health professional has sexually abused a client, and who fails to file a report in writing in accordance with subsection (4) with the governing body of the health professional within twenty-one days after the circumstances occur that give rise to the reasonable grounds for the belief, commits an act of professional misconduct.

70(2) A member is not required to file a report pursuant to subsection (1) if the member does not know the name of the health professional who would be the subject of the report.

70(3) If the reasonable grounds for filing a report pursuant to subsection (1) have been obtained from one of the member’s clients, the member shall use his or her best efforts to advise the client that the member is filing the report before doing so.

70(4) A report filed pursuant to subsection (1) shall contain the following information:

(a) the name of the member filing the report;

(b) the name of the health professional who is the subject of the report;

(d) subject to subsection (5), if the grounds of the person filing the report are related to a particular client of the health professional who is the subject of the report, the name of the client.

70(5) The name of the client who may have been sexually abused shall not be included in a report unless the client, or if the client is incapable, the client’s representative, consents in writing to the inclusion of the client’s name.

70(6) No action or other proceeding shall be instituted against a member for filing a report in good faith pursuant to subsection (1).

Other mandatory reports

71(1) A person who terminates or suspends the employment of a member or who imposes restrictions on the practice of a member for reasons of professional misconduct, incompetence or incapacity shall file with the Registrar within thirty days after the termination, suspension or imposition a written report setting out the reasons.

71(2) If a person intended to terminate or suspend the employment of a member or to impose restrictions on the practice of a member for reasons of professional misconduct, incompetence or incapacity but did not do so because the member resigned, the person shall file with the Registrar within thirty days after the resignation a written report setting out the reasons upon which the person had intended to act.

71(3) This section applies to every person who employs a member.

72(1) A person who dissolves a partnership or association with another member for reasons of professional misconduct, incompetence or incapacity and who fails to file a written report with the Registrar within thirty days after the dissolution setting out the reasons for the dissolution commits an act of professional misconduct.

72(2) A member who believes that another member is suffering from a physical or mental condition or disorder of a nature or to an extent that the other member is unfit to continue to practise or that his or her practice or pharmacy operation should be restricted, shall inform the Registrar of that belief and the reasons for it.

72(3) Following any action against a member by any other licensing authority, by any health care institution, by any professional association, by any governmental agency, by any law enforcement agency, or by any court, for any act or conduct which could constitute professional misconduct under this Act, or for any conduct which could lead to a finding under this Act that a member is incapacitated or unfit to practise, the member shall report such information to the Registrar without delay.

73 No action or other proceeding shall be instituted against a person for filing a report in good faith under sections 71 or 72.

Administrator of Complaints

74 Council shall appoint an Administrator of Complaints and shall assign his or her duties and functions.

75(1) A respondent who is the subject of a complaint shall cooperate with the Administrator in the investigation of the complaint, including the production of all documents and disclosure of all information that may be relevant to the complaint.

75(2) Failure to comply with subsection (1) constitutes professional misconduct.

Complaints

76(1) A complaint against a respondent shall be

(a) in writing; and

(b) delivered to the Administrator.

76(2) A complaint against a pharmacy is a complaint against the manager.

77 Any person may file a complaint, including the Administrator when acting pursuant to section 75, or the Registrar in circumstances where no complaint has been received from any other person, and it is in the public interest that action be taken immediately.

78(1) Upon receipt of a complaint, or when acting under sections 75 and 80, the Administrator shall

(a) if necessary, obtain additional information from the complainant and carry out an investigation; and

(b) provide the respondent with

(i) a copy of the complaint, and

(ii) the date by which a reply must be filed with the Administrator, which date shall not be later than twenty-one days after the date when the Administrator mails or delivers the complaint.

78(2) Upon receipt of the respondent’s reply the Administrator may

(a) investigate the complaint further should circumstances require;

(b) settle the complaint to the satisfaction of the complainant if the complaint alleges conduct deserving sanction that appears to the Administrator not to warrant action by the Complaints Committee or Discipline and Fitness to Practise Committee;

(d) refer the complaint to the Discipline and Fitness to Practise Committee if the subject matter is, in the opinion of the Administrator, sufficiently serious to warrant such referral; or

(e) dismiss the complaint if, in the opinion of the Administrator, it is without merit.

78(3) A complainant who is dissatisfied with the decision of the Administrator in disposing of the complaint may request in writing a review by the Complaints Committee.

78(4) The Administrator or the Complaints Committee shall advise the complainant and the respondent in writing of the disposition of a complaint under subsections (2) or (3), as the case may be, and shall give reasons.

78(5) When a complaint is referred to the Complaints Committee, the Administrator shall provide the Committee with a full report of the results of any investigation, the complaint, the respondent’s reply and any documentation and information relevant to the complaint.

78(6) When a complaint is referred to the Discipline and Fitness to Practise Committee, the Administrator shall comply with sections 93 and 95.

78(7) The Administrator shall report his or her actions on all complaints to Council, without disclosing the names of the parties.

Effect of apology

79(1) An apology made by or on behalf of a person in connection with any matter that is or may become the subject of a complaint:

(a) does not constitute an express or implied admission of fault by the person in connection with that matter;

(b) does not, despite any wording to the contrary in any contract of insurance or indemnity and despite any other Act or law, void, impair or otherwise affect any insurance or indemnity coverage for any person in connection with that matter; and

79(2) Despite any other Act or law, evidence of an apology made by or on behalf of a person in connection with any matter that is or may become the subject of a complaint, including the factual admissions made in the document containing the apology, is not admissible in any civil or administrative proceeding, in a criminal prosecution or in an arbitration as evidence of the fault, liability or culpability of any person in connection with that matter.

79(3) Notwithstanding subsection (2), if a person makes an apology while testifying at a civil proceeding, including while testifying at an out of court examination in the context of the civil proceeding, at an administrative proceeding, in a criminal trial or at an arbitration, this section does not apply to the apology for the purposes of that proceeding or arbitration.

Investigation of Complaints

80 The Administrator shall investigate all matters that may constitute conduct deserving sanction, notwithstanding that no complaint has been received under section 78, or the complaint has been withdrawn, and may carry out investigations on the request of any person or of Council.

81 If an investigation under section 80 discloses that a respondent may deserve sanction, the Administrator shall cause a complaint to be filed with the Complaints Committee or refer the complaint directly to the Discipline and Fitness to Practise Committee, as per subsection 78(2).

Complaints Committee

82(1) Council shall appoint a Complaints Committee consisting of:

(a) at least six members, half to be appointed for a term of one year, and half for a term of two years, and subsequent appointments shall be for terms of two years; and

(b) at least two lay representatives, half to be appointed for a term of one year, and half for a term of two years, and subsequent appointments shall be for terms of two years.

82(2) Members of the Complaints Committee may be reappointed.

82(3) Council shall name from its appointments a Chair and one or more Vice-Chairs of the Complaints Committee.

83(1) The Complaints Committee shall sit in panels of at least three, which shall include one lay representative, presided over by the Chair or a Vice-Chair, and decisions of a panel shall be by majority vote.

83(2) If the term of a member of a panel of the Complaints Committee expires before the panel concludes a matter before it, the member whose term has expired shall continue in office until the matter is concluded by the panel.

83(3) Subject to subsection (2), if a member of the Complaints Committee, including the Chair of the panel, is unable to continue to act for the completion of the matter before the Committee after the commencement of a hearing, and the Committee is left with a majority who have been present throughout the hearing, the Committee may complete the matter as if fully constituted.

Deliberation by Complaints Committee

84 When considering and deciding a complaint, the Complaints Committee is not required to conduct a hearing, but may interview the complainant and the respondent to obtain information and explanations of the position of each, including the possibility of settling the complaint.

Actions by Complaints Committee

85(1) Upon referral of a complaint from the Administrator, or from the Discipline and Fitness to Practise Committee, the Complaints Committee shall consider the complaint and may:

(a) settle the complaint to the satisfaction of the complainant in any manner available to the Administrator under subsection 78(2);

(b) caution, counsel or censure the respondent on his or her practices and services;

(d) refer the complaint to the Administrator for further investigation and action;

(e) proceed under section 86;

(f) refer the whole or part of the complaint to the Discipline and Fitness to Practise Committee; or

(g) take such other action, consistent with its responsibilities under this Act and the regulations, as it considers necessary in the public interest, in which case it shall give its reasons in writing to the complainant and the respondent.

85(2) Not later than thirty days after receipt of reasons under paragraphs (1)(c) or (g), a complainant who considers that the Complaints Committee has failed to take any matter into account in reaching its decision, may request the Committee in writing to review its decision, in which case the Committee shall do so and advise the complainant in writing of its disposition of the review with reasons.

85(3) In making a decision under subsection (2) the Committee may take any action it could have taken when first making a decision under subsection (1).

86(1) Where the Complaints Committee believes that a respondent is incapacitated, the Committee may require the respondent to submit to physical or mental examinations or both by one or more qualified persons selected by the Committee and, subject to subsection (2), may make an order directing the Registrar to suspend the respondent’s licence until the respondent submits to the examinations.

86(2) No order for the examination of a respondent shall be made by the Complaints Committee unless the respondent has been given

(a) notice of the intention of the Committee to make the order; and

(b) at least ten days to make written submissions to the Committee after receiving the notice.

86(3) A person who conducts an examination under this section shall prepare and sign an examination report containing the person’s findings and the facts on which they were based and shall deliver the report to the Committee.

86(4) The Committee shall forthwith deliver a copy of the examination report to the respondent.

86(5) A report prepared and signed by a person under subsection (3) is admissible as evidence at a hearing without proof of its making or of the person’s signature if the party introducing the report gives the other party a copy of the report at least ten days before the hearing.

86(6) The Complaints Committee, at any time after requiring a respondent to submit to examinations under this section, may refer the matter of the respondent’s alleged incapacity to the Discipline and Fitness to Practise Committee.

Informal disposition of complaints

87 In cases where the respondent does not contest the validity of the complaint or consents to the Complaints Committee making a decision based on information before it without a formal hearing, the Committee may do one or a combination of the following:

(a) settle the complaint to the satisfaction of the complainant in any manner available to the Administrator under subsection 78(2);

(b) counsel, caution or reprimand the respondent;

(c) order that the respondent, within a fixed time, pay to the College a fine not to exceed an amount set by the regulations;

(d) order that the respondent pay to the College within a fixed time in an amount decided by the Committee, costs of the investigation, including the cost of an investigation by the Administrator, the costs of an audit or an investigation under Part XI, the costs of the College and the costs of the Committee.

Interim suspension

88(1) When the Complaints Committee refers a matter to the Discipline and Fitness to Practise Committee, the Complaints Committee may, if it considers it probable that the continued practice of the respondent will be harmful to the public or to the respondent’s clients, pending final disposition of the matter, make an order

(a) suspending the respondent; or

(b) placing conditions on the practice of the respondent.

88(2) No order shall be made by the Complaints Committee under subsection (1) unless the respondent has been given

(a) notice of the Committee’s intention to make the order, and

(b) at least ten days to make representation to the Committee in respect of the matter after receiving the notice.

88(3) Where the Complaints Committee takes action under subsection (1), the Committee shall notify the respondent of its decision in writing.

88(4) An order made under subsection (1) continues in force until the matter is disposed of by the Discipline and Fitness to Practise Committee, unless the order is stayed pursuant to an application under section 89.

89(1) A respondent against whom action is taken under subsections 86(1) or 88(1) may apply to the Court for an order staying the action of the Committee.

89(2) The Complaints Committee may, on the application of the respondent and on cause being shown, rescind or vary an order made under subsections 86(1) or 88(1).

89(3) Where an order is made under subsections 86(1) or 88(1) in relation to a matter referred to the Discipline and Fitness to Practise Committee, the College and the Discipline and Fitness to Practise Committee shall act expeditiously in relation to the matter.

Delegation to Administrator of Complaints

90 The Complaints Committee may delegate to the Administrator such functions as it considers appropriate, if the delegation is not inconsistent with this Act.

Discipline and Fitness to Practise Committee

91(1) There shall be a Discipline and Fitness to Practise Committee appointed by Council consisting of

(a) at least ten members, half to be appointed for a term of one year, and half for a term of two years, and subsequent appointments shall be for terms of two years; and

(b) at least two lay representatives, half to be appointed for a term of one year, and half for a term of two years, and subsequent appointments shall be for terms of two years.

91(2) Members of the Discipline and Fitness to Practise Committee may be reappointed.

91(3) Council shall name from its appointments a Chair and one or more Vice-Chairs of the Discipline and Fitness to Practise Committee.

91(4) The Discipline and Fitness to Practise Committee shall sit in panels of at least five, which shall include one lay representative, presided over by the Chair or a Vice-Chair, and decisions of a panel shall be by majority vote.

91(5) If the term of a member of a panel of the Discipline and Fitness to Practise Committee expires before the panel concludes a matter before it, the member whose term has expired shall continue in office until the matter is concluded by the panel.

91(6) Subject to subsection (5), if a member of the Discipline and Fitness to Practise Committee, including the Chair of the panel, is unable to continue to act for the completion of the matter before the Committee after the commencement of a hearing, and the Committee is left with a majority who have been present throughout the hearing, the Committee may complete the matter as if fully constituted.

92 The Discipline and Fitness to Practise Committee shall

(a) hear and determine allegations of professional misconduct, incompetence or incapacity of a member referred to it from the Registrar, the Administrator, the Complaints Committee or Council;

(b) hear and determine matters referred to it under Part IX; and

Notice of complaint and reply

93(1) If referring a complaint to the Discipline and Fitness to Practise Committee, the Administrator shall, at the same time, prepare a notice of complaint and cause it to be served on

(a) the complainant;

(b) the respondent; and

93(2) The Administrator shall set out in the notice of complaint the charges made against the respondent that are being referred to the Discipline and Fitness to Practise Committee.

94(1) A respondent who has been served with a notice of complaint and who wishes to reply shall do so by filing with the Administrator, within twenty days after the date of service, a reply to the notice of complaint.

94(2) The respondent shall, in the reply, admit any charges that are true, give an explanation of any charges that are not true and indicate the official language in which the respondent wishes the hearing of the charges to be held.

94(3) Upon receipt of a notice of complaint the Chair or the Vice-Chair shall appoint a panel to hear the complaint, but may substitute or replace members at any time up to the commencement of the hearing.

Notice of hearing

95 Upon the filing of a reply in accordance with subsection 94(1) or, if no reply is filed, upon the expiration of the deadline established in that subsection, the Administrator shall prepare a notice of hearing, which shall be served at least thirty days before the date appointed for the hearing on

(a) the complainant;

(b) the respondent; and

Hearing of complaint

96 On a hearing before a panel of the Discipline and Fitness to Practise Committee

(a) the procedures to be followed are those of the Court in civil actions, with such modifications as the Committee may decide, including the giving of evidence under an oath or affirmation to be administered by any member of the panel;

(b) on the request of counsel to the College or the respondent, the Chair or Vice-Chair of the Committee shall issue

(i) a summons to witness in a form provided by the regulations, or

(ii) a commission for taking evidence outside New Brunswick;

(d) a respondent is a compellable witness;

(e) a witness shall not be excused from answering any question on the ground that the answer

(i) tends to incriminate,

(ii) may subject the witness to punishment under this Act, or

(iii) may tend to establish liability in a civil proceeding or liability to prosecution,

but the answer shall not be used against the witness in any civil proceeding or in any proceeding under a statute;

(f) with the consent of counsel to the College and the respondent, a panel may strike out any of the charges before it, subject to such terms as are just;

(g) before the hearing is completed a panel may, upon such terms as are just, permit further charges to be brought or amendments to existing charges to be made with respect to the respondent;

(h) a panel may require any member to produce at the hearing any documents in the member’s possession or control that relate in any way to the matter before it;

(i) if the respondent fails to attend and proof of service of the notice of hearing on the respondent is filed with the panel, it may proceed without further notice to the respondent as if the respondent were present;

(j) each party to the hearing has the right to cross examine witnesses and call evidence; and

(k) only the members of the Discipline and Fitness to Practise Committee who were present throughout the hearing shall participate in the Committee’s decision.

97(1) A panel of the Discipline and Fitness to Practise Committee has jurisdiction to decide all questions of fact and law, including the admissibility of evidence, and, subject to this Act and the regulations, may determine its own procedure.

97(2) A panel of the Discipline and Fitness to Practise Committee may make any order that could be made by the Complaints Committee under section 87.

97(3) The oral evidence taken before the panel of the Discipline and Fitness to Practise Committee shall be recorded and, if so required, copies or a transcript thereof shall be furnished to the member and complainant at their own cost.

Action by Discipline and Fitness to Practise Committee

98 After hearing a complaint, a panel of the Discipline and Fitness to Practise Committee shall either

(a) dismiss the complaint, in which case it shall give reasons in writing to the complainant and the respondent;

(b) consider the complaint and order that the respondent comply with any decision of the Complaints Committee made under section 86;

(c) if the Complaints Committee has not proceeded under section 86, exercise the powers provided for in section 86, in which case section 86 applies with the necessary modifications;

(d) make an order under section 99; or

(e) impose sanctions in accordance with section 100

Incompetence

99 If a panel of the Discipline and Fitness to Practise Committee finds that a respondent has been incompetent in the practice of pharmacy, it may do one or a combination of the following:

(a) order that the respondent not engage in specific areas of practice and impose conditions and limitations on the right to practise;

(b) order that the respondent undertake and pass courses of study at an approved pharmacy school or in a continuing education program;

(i) to engage in the practice of pharmacy only under the personal supervision and direction of another member;

(ii) not to engage in the practice of pharmacy alone,

(iii) to accept periodic inspections by the Committee or by its delegate of the respondent’s documents and work relating to the respondent’s practice;

(d) to report to the Administrator or to the Committee on such matters relating to the respondent’s practice, during such period, at such times and in such form as the Committee may specify; or

(e) suspend, revoke or restrict the right to practise.

Sanctions

100(1) If a panel of the Discipline and Fitness to Practise Committee finds that a respondent is guilty of conduct deserving sanction, it may do one or a combination of the following:

(a) order that the respondent, within a fixed time, pay to the College a fine not exceeding an amount set by the regulations;

(b) revoke the respondent’s licence;

(d) impose such restrictions on the respondent’s licence or registration for such period and subject to such conditions as the panel designates, including:

(i) conditions of engaging in occupational activities only under supervision,

(ii) not engaging in sole practice,

(iii) requiring periodic inspections by the Discipline and Fitness to Practise Committee or its delegate, or

(iv) reporting to the Discipline and Fitness to Practise Committee about specified matters;

(e) admonish or reprimand the respondent, and if deemed warranted, direct that the fact of such reprimand or admonishment be recorded on the register;

(f) require the respondent to undertake to limit the respondent’s occupational activities in lieu of suspension;

(g) order the respondent to undergo counselling;

(h) direct the respondent to satisfy the Committee that physical handicaps, mental handicaps or problems caused by drug or alcohol have been overcome;

(i) order publication of the respondent’s name incidental to any of the foregoing orders where the Registrar is not otherwise required to do so under this Act or the regulations;

(j) direct that the imposition of a penalty be suspended or postponed for such period and upon such terms as the panel designates;

(k) make such other or ancillary orders as the panel considers appropriate or requisite;

(l) suspend the respondent from pharmacy for a fixed period or indefinitely, on such terms as in its opinion are necessary in the circumstances;

(m) revoke the membership of the respondent;

(n) where a licence or registration has been revoked, order that the respondent not be permitted to apply for reinstatement before a period of time specified by the panel has elapsed;

(o) direct the Registrar to enter into the records of the College the result of the proceeding before the panel and to make the result available to the public incidental to any of the foregoing orders;

(p) order that the respondent pay to the College within a fixed time in an amount decided by the panel, costs of the proceedings against the respondent, including the costs of an investigation by the Administrator, the costs of the Complaints Committee, the costs of an investigation under Part X, the costs of the hearing panel and the legal fees of both the panel and of the College; and

(q) make such other order as in its opinion is necessary and appropriate in the circumstances, including any order that could be made by the Complaints Committee under section 85.

100(2) In addition to the actions that may be taken under section 99 or subsection (1), the Discipline and Fitness to Practise Committee may find a respondent incapacitated if, in its opinion, the respondent is suffering from a physical or mental disability, including dependence on alcohol or drugs, of such a nature or extent as to render the respondent unfit to engage in the practice of pharmacy, and in reaching its opinion the Committee may require expert medical evidence.

Consequences

101(1) A member whose certificate of registration has been suspended or revoked shall immediately return his or her certificate of registration to the Registrar.

101(2) Where a respondent is struck off the register, his or her rights and privileges as a member cease.

101(3) Where a respondent is suspended, his or her rights and privileges as a member cease for the period of suspension.

101(4) Where conditions or restrictions have been imposed upon a respondent’s ability to carry on his or her practice, his or her rights and privileges as a member shall be limited to the extent specified by the conditions or restrictions.

101(5) Where a panel of the Discipline and Fitness to Practise Committee suspends, revokes or restricts a licence or registration on the grounds of incapacity, the decision shall take effect immediately notwithstanding that an appeal has been taken from the decision.

Notification

102(1) Upon conclusion of a matter by the Complaints Committee or Discipline and Fitness to Practise Committee, the record of the proceedings shall be filed with the Administrator who shall submit a written report summarizing the complaint and its disposition at the next meeting of Council.

102(2) The Administrator shall give public notice in accordance with the regulations of any order suspending or expelling any respondent from the College.

102(3) Subject to subsection (4), the result of all decisions of the Complaints Committee and the Discipline and Fitness to Practise Committee in which there is a finding of conduct deserving sanction, shall be published in the official communications of the College to its members as provided in the regulations.

102(4) If, in the opinion of the Complaints Committee, there are circumstances, including a possible violation of client confidentiality, that outweigh the public interest in the publication of the result of its decision, it may order that the result of its decision not be published.

102(5) The decision of the Discipline and Fitness to Practise Committee shall be in writing and signed by the members of the Committee who conducted the hearing and shall contain the findings and conclusions made at the hearing and the reasons for the decision.

102(6) The decision of the Discipline and Fitness to Practise Committee shall be filed with the Administrator, who shall forward a copy by prepaid registered mail to the member and the complainant.

102(7) Exhibits shall be delivered to the Administrator with the decision of the Complaints Committee or the Discipline and Fitness to Practise Committee.

102(8) When the Administrator, the Complaints Committee or a panel of the Discipline and Fitness to Practise Committee makes a decision or order under this Part with respect to a corporation, any member employed by the corporation who is in a position of supervisory role over the disciplined member, shall be personally responsible for seeing that the decision or order is carried out and failure to do so is professional misconduct.

103(1) The Administrator, if served with a notice of appeal, shall deliver the exhibits to the Court.

103(2) If no appeal is taken, the Administrator shall on request deliver the exhibits to the person who produced them.

General

104(1) The Complaints and Discipline and Fitness to Practise Committees, and panels of those committees, shall sit at such times and places as they consider convenient, and as frequently as circumstances require.

104(2) All meetings of the Complaints Committee shall be in private.

104(3) Except as otherwise provided in this section, Discipline and Fitness to Practise Committee hearings shall be public, except where matters involving public security may be disclosed, or the possible disclosure of intimate financial or personal matters outweighs the desirability of holding the hearing in public.

104(4) The respondent or the College may request that the hearing or any part of it be held in private.

104(5) When a request is made under subsection (4), the panel may make an order excluding the public from the hearing or any part of it or directing that the respondent, the complainant, or any witness be identified only by initials, if the panel is satisfied that

(a) matters involving public security may be disclosed;

(b) financial or personal or other matters may be disclosed at the hearing that are of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that meetings be open to the public;

(d) the safety of a person may be jeopardized.

104(6) The panel shall ensure that any order it makes under subsection (5) and its reasons are either given orally at the hearing or are available to the public in writing.

105 Panels of the Complaints and of the Discipline and Fitness to Practise Committees shall be selected for each complaint by the Chair or the Vice-Chair of the Committee having regard to language, conflict of interest or other matters that could influence the functioning of the panel.

106(1) A respondent is entitled to be represented by counsel and to present a full and complete defence.

106(2) Where a respondent fails to attend or remain at any proceeding under this Part, the panel conducting the proceeding may, on proof that the respondent was given reasonable notice of the proceeding, proceed in the absence of the respondent and make any order that it could have made had the respondent been in attendance or represented by counsel.

106(3) Where a respondent may have engaged in conduct deserving sanction and criminal proceedings are commenced or are likely to be commenced with respect to the respondent’s conduct, any proceeding under this Act may be deferred or stayed until the criminal proceedings have been disposed of by a court of competent jurisdiction.

107(1) The complainant, if any, shall be given notice of the hearing before the Complaints Committee or the Discipline and Fitness to Practise Committee and may attend hearings in their entirety, with or without counsel, and may make written or oral submissions to the Committee before the calling of evidence and after the completion of evidence.

107(2) Notwithstanding subsection (1), at the request of a witness whose testimony is in relation to allegations of a member’s misconduct of a sexual nature involving the witness, the Discipline and Fitness to Practise Committee may exclude a complainant from the portion of the hearing that receives the testimony of the witness.

107(3) In subsection (2), “allegations of a member’s misconduct of a sexual nature” means allegations that the member sexually abused the witness when the witness was a client of the member.

108(1) No person is eligible to sit as a member of a committee if the person has taken part in the investigation of the subject matter that the committee is hearing.

108(2) The panel of the Discipline and Fitness to Practise Committee selected to hear a matter shall hear the complaint not later than sixty days after the date on which the last member of the panel is appointed, unless the parties agree otherwise.

108(3) No member of the Complaints Committee or the Discipline and Fitness to Practise Committee shall communicate outside the hearing, in relation to the subject matter of the hearing, with a party or the party’s representative, unless the other party has been given notice of the subject matter of the communication and an opportunity to be present during the communication.

Legal counsel

109(1) The College may employ or retain legal counsel or other assistance that it considers necessary under this Part.

109(2) Where legal counsel employed under subsection (1) is an employee of the College, the amount of costs that may be awarded against a respondent may be the same as if the College had retained outside counsel.

Costs and fines

110(1) The amount of costs ordered to be paid under paragraphs 87(d) or 100(1)(p) is a debt owing to the College and, when collected, is the property of the College.

110(2) The amount of fines ordered to be paid under paragraphs 87(c) or 100(1)(a) is a debt owing to the College and, when collected, is the property of the College.

110(3) All costs and fines shall be payable to the College.

110(4) If the respondent is ordered to pay a fine or costs or both, and fails to pay within the time ordered, the Administrator may suspend, until payment is made, one or more of the following held by the respondent:

(a) member licence;

(b) certificate of operation.

110(5) Where a panel of the Discipline and Fitness to Practise Committee is of the opinion that the commencement of the proceedings was in whole or in part unwarranted, the Committee may order that the College reimburse the member’s costs or such portion thereof as the Committee fixes.

Appeal

111(1) A party to the proceedings who is affected by a decision, determination or order of the Discipline and Fitness to Practise Committee may appeal to the Court of Appeal on a question of law or fact.

111(2) A respondent who wishes to appeal under subsection (1) shall do so by serving the Administrator with a notice of appeal within thirty days after receiving written notice of the decision, determination or order to be appealed.

111(3) An appeal shall be conducted in accordance with the Rules of Court for civil appeals, with such modifications as the circumstances require.

111(4) An appeal shall be founded upon the record of the proceedings before the Committee and upon the Committee’s decision.

112(1) The Court of Appeal may make such order as may be just, including referral to the Complaints Committee or the Discipline and Fitness to Practise Committee to act in accordance with its directions.

112(2) The Court of Appeal may make any order respecting costs of an appeal that it considers appropriate.

Stay pending appeal

113(1) A respondent who appeals under section 111 may apply on motion to the Court of Appeal for an order staying the decision, determination or order of the Discipline and Fitness to Practise Committee pending the appeal.

113(2) Orders of the panel of the Discipline and Fitness to Practise Committee continue in force until a stay is granted or the matter is disposed of.

Reinstatement

114 In its regulations, Council may establish procedures, conditions, criteria, time limits and costs applicable to an application for reinstatement by a person whose registration, licence or certificate of operation has been cancelled, revoked or voluntarily surrendered.

Conditions on reinstatement

115 A voluntary surrender of licence following a referral to the Discipline and Fitness to Practise Committee remains in effect until a panel of the Discipline and Fitness to Practise Committee is satisfied that the conduct or complaint that was the subject of the investigation has been resolved, at which time the panel may impose conditions on the entitlement of the respondent or member to practise pharmacy or operate a pharmacy, including conditions that the person do one or more of the following:

(a) limit his or her practice of pharmacy or pharmacy operation;

(b) practise pharmacy or operate the pharmacy under supervision;

(d) permit periodic inspections of records;

(e) report to the Committee or the Registrar on specific matters; and

(f) comply with any other conditions that the Committee considers appropriate in the circumstances;

and may order the respondent or member to pay all or any part of the costs incurred by the College in monitoring compliance with those conditions.

Prevention of sexual abuse

116(1) The College shall undertake measures for prevention of the sexual abuse of clients by its members.

116(2) Such measures referred to in subsection (1) shall include

(a) educating members about sexual abuse;

(b) establishing guidelines for the conduct of members with clients;

(d) informing the public as to the complaint procedures under this Act and the regulations.

116(3) Measures referred to in subsection (2) may, where appropriate, be taken jointly with other organizations or associations of health professionals.

116(4) The College shall report to the Minister within two years after the commencement of this section, and within thirty days at any time thereafter on the request of the Minister, respecting the measures the College is taking and has taken to prevent and deal with the sexual abuse of clients by its members.

116(5) The College shall report to the Minister respecting all complaints received during the calendar year respecting sexual abuse of clients by members and former members of the College.

116(6) A report under subsection (5) shall be made within two months after the end of each calendar year and shall contain the following information:

(a) the number of complaints received during the calendar year for which the report is made and the date each complaint was received;

(b) with respect to each complaint received during the calendar year for which the report is made

(i) a description of the complaint in general non-identifying terms,

(ii) the Administrator’s decision,

(iii) if allegations are referred to the Complaints Committee, the decision of the Committee with respect to the complaint and the date of the decision,

(iv) if allegations are referred to the Discipline and Fitness to Practise Committee, the decision of the Committee, including any penalty imposed, and the date of the decision, and

(v) if an appeal is made from the decision of the Discipline and Fitness to Practise Committee, the date and outcome of the appeal; and

(c) with respect to each complaint reported in a previous calendar year, a report on the status of the complaint in accordance with paragraph (b) if the proceedings initiated as a result of the complaint were not finally determined in the calendar year in which the complaint was first received.

PART XI - INVESTIGATIONS

117(1) The Registrar may direct any member to submit to an investigation of the member’s documents and transactions, whether or not a complaint has been received or received and withdrawn and whether or not it appears that any member’s conduct may be deserving of sanction, and may appoint one or more inspectors, including himself or herself.

117(2) Any record required to be kept under this Act or the regulations shall be open to inspection at all reasonable times by an inspector appointed by the Registrar.

Investigation for cause

118 When the Registrar has reasonable and probable grounds to believe that

(a) a member’s conduct may be deserving of sanction; and

(b) an investigation of the member’s documents and transactions is necessary to help decide whether the member’s conduct deserves sanction;

the Registrar may direct the member to submit forthwith to such investigation in accordance with the regulations and may appoint one or more inspectors to investigate whether the conduct of a member constitutes professional misconduct, incompetence or incapacity.

Powers of inspectors

119(1) An inspector, or the Registrar acting as an inspector, may at any reasonable time, and upon producing proof of appointment, enter and inspect pharmacies and examine anything found there that the inspector has reason to believe will provide evidence in respect of the matter being investigated.

119(2) Subsection (1) applies notwithstanding any provision in any Act relating to the confidentiality of health records.

120(1) No person shall, without reasonable excuse, obstruct or cause to be obstructed an inspector while the inspector is performing his or her duties.

120(2) No person shall withhold, conceal or destroy, or cause to be withheld, concealed or destroyed, anything that is relevant to an investigation under this Act or the regulations.

121(1) Upon the ex parte application of an inspector, a judge of the Court who is satisfied on information by oath or solemn affirmation that the inspector has been properly appointed and that there are reasonable grounds for believing that

(a) the member being investigated has committed an act of professional misconduct, is incompetent or incapacitated; and

(b) there is in a building, receptacle or place anything that will provide evidence in respect of the matter being investigated;

may issue a warrant authorizing the inspector to enter the building, receptacle or place and search for and examine or remove anything described in the warrant.

121(2) An inspector entering and searching a place under the authority of a warrant issued under subsection (1) may be assisted by other persons and may enter a place by force.

121(3) An inspector entering and searching a place under the authority of a warrant issued under subsection (1) shall produce identification and a copy of the warrant, upon request, to any person at that place.

121(4) A person conducting an entry or search under the authority of a warrant issued under subsection (1) who finds anything not described in the warrant that the person believes on reasonable grounds will provide evidence in respect of the matter being investigated, may seize and remove that thing.

121(5) An inspector may copy, at the expense of the College, a document that the inspector may examine under sections 117 and 119, or under the authority of a warrant issued under subsection (1).

121(6) An inspector may remove a document referred to in subsection (5) if it is not practicable to copy it in the place where it is examined or a copy is not sufficient for the purposes of the investigation and may remove any object that is relevant to the investigation and shall provide the person in whose possession it was with a receipt for the document or object.

121(7) An inspector, where a copy can be made, shall return a document removed under subsection (6) as soon as possible after the copy has been made.

121(8) A copy of a document certified by an inspector to be a true copy shall be received in evidence in any proceeding to the same extent and shall have the same evidentiary value as the document itself.

Report to Registrar

122 An inspector shall upon completion of an investigation report in writing to the Registrar who shall forthwith provide a copy of the report to the member.

Report to Administrator of Complaints

123 When the report of an inspector indicates that the member’s conduct may be deserving of sanction, the Registrar may:

(a) require the member whose documents were inspected to pay part, or all, of the inspection costs if the member is found to not have complied with the College’s standards as established under paragraphs 10(2)(g), 14(2)(c), 18(g) or 51(a); and

(b) forward the report and any other relevant information in the Registrar’s possession to the Administrator.

PART XII - OFFENCES AND INJUNCTIONS

Offences

124(1) In this Part, “POPA” refers to the Provincial Offences Procedure Act.

124(2) A person who violates subsections 27(2), 47(2), 49(5), 52(2), 52(3), 52(4) or 52(5) or sections 53, 54, 55, 56, 57, 58, 59, 60, 61 or 67 commits an offence punishable under Part II of POPA as a category F offence.

124(3) Where an offence under subsection (2) continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by POPA, multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by POPA, multiplied by the number of days during which the offence continues.

124(4) Any penalty imposed under this Act, when recovered, shall be paid to the College for its use.

124(5) The Court may order a person who is convicted under subsection (2) and who has received fees for services with respect to the violation in question to reimburse the person who has paid the fees.

124(6) Notwithstanding any other provision of this Act, prosecutions for offences and applications for an injunction under Part XII are subject to the exemptions contained in subsection 52(1) of this Act.

Offence by corporation

125 Where an offence under this Act is committed by a corporation, including a professional corporation, every director, manager, secretary or other officer of that corporation who has assented to the commission of the offence is a party to the offence.

Laying an information

126(1) An information alleging an offence under this Act may be laid in accordance with POPA in the name of the College on oath or solemn affirmation of the Registrar or of a person authorized by Council.

126(2) Where a person is charged with more than one offence under this Act, it is lawful to include all the charges in one information.

Injunctions

127(1) The Court may, on application by the College and on being satisfied that there is reason to believe that a person has violated or will violate this Act, grant an injunction restraining the person from committing such acts and, pending disposition of the action seeking the injunction, the Court may grant an interim injunction.

127(2) A contravention may be restrained whether or not a penalty or other remedy has been provided by this Act.

PART XIII

- PRODUCT SELECTION

128(1) A pharmacist may dispense a pharmaceutically equivalent, a pharmaceutical alternative or a therapeutic equivalent, all as defined in this Act or in the regulations, unless otherwise directed by the prescriber, or requested by the client.

No liability for dispensing pharmaceutically equivalent products

129 No action or other proceeding lies or shall be instituted against a prescriber, pharmacist or any member under the supervision of a pharmacist, on the grounds that a pharmaceutically equivalent or a pharmaceutical alternative other than the one prescribed was dispensed in accordance with this part.

PART XIV - GENERAL

Service

130 A member, former member, applicant or other individual may be served with a notice or other document

(a) personally;

(b) by mailing it by registered or certified mail to the person’s last known address as shown on the records of the College; or

131 A document may be served on the College or Council

(a) by leaving it at or mailing it by registered or certified mail to the head office of the College; or

(b) by personally serving it on the Registrar.

132 A notice or other document that is served by registered or certified mail shall be deemed to have been received on the fifth day following mailing.

Majority and quorum

133 Where this Act or the regulations requires or authorizes an act or thing to be done by more than two persons, a majority may do it unless this Act or the regulations provides otherwise.

134 Unless otherwise provided, at a meeting of Council or a committee, one-half of the number of members then in office is a quorum.

135 If a quorum of Council or a committee agrees, a meeting may be held by telephone or video conference, or by such other means as provided in the regulations.

Conflict of interest

136 Where a member, or person, or a member of a committee of the College, knows or ought reasonably to know that he or she may be in a conflict of interest with respect to a matter before them, that individual shall

(a) declare his or her interest at the outset of that meeting;

(b) refrain from voting on that matter;

(d) be excused from the meeting room; and

(e) comply with any other requirements established in the regulations.

Certificates by Registrar

137 A certificate that relates to the administration of the affairs of the College and purports to contain the signature of the Registrar shall, in the absence of evidence to the contrary, be proof of the contents of the certificate.

Protection against actions

138(1) No action lies against a member, a Councillor, a committee, a member of a committee, an officer, the Registrar, the Administrator, an employee or an agent of the College for anything done or not done by that person in good faith under the provisions of this Act or the regulations.

138(2) The College shall indemnify any person referred to in subsection (1) for any costs or expenses incurred in any legal proceeding taken against that person for anything done or not done by that person in good faith under the provisions of this Act or the regulations.

Protected documents

139(1) Where a member is requested or ordered to produce a document or disclose information under this Act or the regulations, and the member objects on grounds that it is subject to client confidentiality and the client objects to its production or disclosure, the document shall be sealed without inspection or copying and placed in the custody of the Administrator.

139(2) Where a document is sealed under subsection (1), the member shall provide the Administrator with the name and address of the client who objects to disclosure.

139(3) After a period of forty-five days after being provided with the name and address of the client, the Administrator shall return the sealed document to the member unless the Administrator obtains a written waiver of confidentiality signed by the client.

139(4) The Court may, upon application, extend the time provided in subsection (3).

Non-disclosure of confidential information and documents

140(1) A person who, in the course of carrying out duties under this Act or the regulations, becomes aware of information or a document that is confidential has the same obligation respecting disclosure of that information or document as the member from whom the information or document was obtained.

140(2) A member who, in accordance with this Act or the regulations, provides the College with information or a document that is confidential shall be deemed not to have breached any duty or obligation that the member would otherwise have had to the College or the client not to disclose the information or document.

140(3) A person who, during the course of any court proceeding with respect to a matter under this Act or the regulations, becomes aware of information or a document that is confidential shall not utilize, produce or disclose the document or information for a purpose other than that for which it was obtained.

140(4) In any court proceeding with respect to a matter under this Act or the regulations, the Court may exclude members of the public from the hearing where the Court considers the exclusion is necessary to prevent the disclosure of information or the production of a document that is confidential.

140(5) In giving reasons for judgement in any court proceeding, the Court shall take all reasonable precautions to avoid including in its reasons any information before the Court that is confidential.

140(6) In addition to the requirements in this Act and in the regulations, members shall comply with the requirements of the New Brunswick Personal Health Information Privacy and Access Act, or any successor legislation.

Continuing jurisdiction of College

141 A person whose licence is revoked, suspended or expired or who resigns as a member continues to be subject to the jurisdiction of the College with respect to conduct that would constitute professional misconduct, incompetence or incapacity referable to the time when the person was licensed or to the period of suspension.

PART XV - TRANSITIONAL AND REPEAL

“Former Act” defined

142 In this Part, “former Act” means the Pharmacy Act, chapter 100 of the Acts of New Brunswick, 1983.

Registration continued

143 An individual who is registered under the former Act immediately before this Act comes into force is deemed to be registered under this Act.

Licences continued

144 All persons licensed pursuant to the former Act continue to be licensed pursuant to this Act for the term of the licence, subject to any conditions or limitations attached to the licence in the former Act, and are deemed to be registered or licensed, as the case may be.

145 A pharmacy operation that operates under a pharmacy Certificate of Accreditation issued under the former Act immediately before this Act comes into force is deemed to be licensed and operating under a certificate of operation under this Act.

Application for registration or licence continued

146 An application for registration, licensing or certification made under the former Act but not concluded before the coming into force of this Act shall be dealt with under this Act.

Council continued

147 Councilors and Executive Committee members under the former Act are deemed to be Councilors of the College under this Act, elected or appointed for the same periods and holding the same offices.

Complaints under former Act

148 If, on the day this Act comes into force, a decision or direction to refer a matter to the Discipline and Fitness to Practise Committee has been made under the former Act, the matter shall be concluded under the former Act as though this Act had not come into force.

149 A matter about which no decision or direction to refer the matter to the Discipline and Fitness to Practise Committee has been made under the former Act before the coming into force of this Act shall be dealt with under this Act.

By-laws and regulations continued

150 To the extent that they are not inconsistent with the provisions of this Act, the By-laws and regulations of the College in existence at the date of coming into force of this Act shall continue in force and effect until, and to the extent they are, superseded by regulations made under this Act.

Repeal

151 The Pharmacy Act, chapter 100 of the Acts of New Brunswick, 1983, is repealed.

Proclamation

152 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.