81 Misrepresentation
of status
82 Employer
to recognize sanctions
83 Notice
to employer
Part 8
General
84 Service
of documents
85 Certificate
of Registrar
86 Protection
from liability
87 Prohibition
re municipal licence
88 Dispensing
generic drugs
89 Packaging
and labelling
90 Standards
of practice
Part 9
Regulations and Bylaws
91 Regulations
92 Bylaws
93 Lieutenant
Governor in Council regulations
Part 10
Prohibitions and Penalties
94 Practice
prohibitions
95 Penalties
96 Liability
of proprietor and licensee
Schedules
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Interpretation
1(1) In this Act,
(a) “approved
faculty of pharmacy” means an academic institution or a faculty of pharmacy
designated as an approved faculty of pharmacy under section 9(1);
(b) “bylaws”
means bylaws of the Council made pursuant to section 92;
(c) “certified
pharmacy” means a pharmacy located in a wholesale operation, compounding
centre, re‑packaging facility or other operation that handles drugs in
which the practice of pharmacy takes place, in respect of which a pharmacy
certificate is issued under section 31;
(d) “College”
means the Alberta College of Pharmacists;
(e) “compound”
means the application of professional pharmaceutical knowledge for the purpose
of mixing together 2 or more ingredients of which at least one is a drug, but
does not include the reconstitution or mixing of a drug by a person referred to
in section 2(5)(b) or (d) for administration to a patient;
(f) “Council”
means the Council of the College;
(g) “dispense”
means to provide a drug pursuant to a prescription, but does not include the
administration of a drug;
(h) “drug”
means a substance or a combination of substances included in the Schedules;
(i) “exclusive
scope areas of the practice of pharmacy” means
(i) responsibility for preparing, distributing and controlling drugs
in a pharmacy,
(ii) compounding drugs,
(iii) dispensing drugs,
(iv) selling drugs by retail,
(v) disseminating information on the appropriate use of a drug when
dispensing or selling the drug,
(vi) subdividing or breaking up a manufacturer’s original package of a
drug for the purpose of re‑packaging the drug in larger or smaller
quantities for re‑distribution or sale by retail,
(vii) operating a pharmacy insofar as the operation relates to the
responsibilities and activities referred to in subclauses (i) to (vi), and
(viii) supervising the practice of pharmacy;
(k) “Infringement
Committee” means the Infringement Committee established under section 43;
(l) “inspector”
means an inspector appointed under section 44;
(m) “Investigating
Committee” means an Investigating Committee established from time to time under
section 56;
(n) “licensed
pharmacy” means a pharmacy that sells drugs to the public in respect of which a
pharmacy licence is issued under section 26;
(o) “licensee”
means a pharmacist who holds a pharmacy licence or pharmacy certificate;
(p) “member”
means a person whose name appears in a register referred to in section 11(1)(a)
to (c);
(q) “Minister”
means the Minister determined under section 16 of the Government
Organization Act as the Minister responsible for this Act;
(r) “patient”
means a person to whom a drug is dispensed or administered pursuant to a
prescription;
(s) “pharmacist”
means an individual, other than a restricted practitioner, who is issued a
certificate of registration under this Act and who holds an annual certificate
entitling the individual to engage in the practice of pharmacy pursuant to this
Act and the regulations;
(t) “pharmacy”,
except where the context indicates otherwise, means the physical facility used
for the practice of pharmacy;
(u) “practice
of pharmacy” means the preparation, compounding, dispensing, storing,
controlling, handling and selling of drugs, non‑prescription medications
and health related products, and includes
(i) the exclusive scope areas of the practice of pharmacy,
(ii) the dissemination of information on the appropriate use of drugs,
non‑prescription medications and health related products,
(iii) the operation of a pharmacy, and
(iv) other related activities, including patient counselling, drug
therapy monitoring and drug use evaluation;
(v) “Practice
Review Committee” means the Practice Review Committee established under Part 6;
(w) “prescription”
means a direction given verbally or in writing by a physician, dentist,
registered veterinarian or podiatrist or any other practitioner who is
authorized by the Lieutenant Governor in Council to prescribe drugs directing a
pharmacist or restricted practitioner to dispense, for the person named in the
direction, a stated amount of a drug specified in the direction;
(x) “prescription
department” means the portion of a licensed pharmacy where drugs included in
Schedules 1 and 2 must be compounded, dispensed and stored for sale to the
public and drugs included in Schedule 3 may be stored for sale to the public;
(y) “professional
products department” means the portion of a licensed pharmacy where drugs
included in Schedule 3 and the health related products prescribed in the
regulations may be displayed;
(z) “proprietor”
means a person who exercises a significant degree of control over
(i) the management and policies of a licensed pharmacy, and
(ii) the conduct of a pharmacist or restricted practitioner who is
employed by the licensed pharmacy;
(aa) “proprietary
misconduct” means conduct of a proprietor that contravenes this Act or the
regulations;
(bb) “publicly
funded pharmacy” means a pharmacy that is
(i) funded by a government or municipality, and
(ii) operated by a hospital, health unit, regional health authority
under the Regional Health Authorities Act,
long‑term care institution, correctional institution or other health or
social care institution or facility that is approved or funded under a
provincial or federal Act;
(cc) “Registrar”
means the Registrar appointed under section 10;
(dd) “restricted
practitioner” means an individual, other than a pharmacist, who is registered
in a register described in section 11(1)(b) and who is entitled to engage in
the practice of pharmacy subject to conditions or restrictions prescribed in
the regulations, and includes a pharmacy intern;
(ee) “sell”
means to trade in exchange for money or other valuable consideration and
includes
(i) keeping for sale,
(ii) advertising or offering for sale,
(iii) bartering, giving or delivering, or attempting to barter, give or
deliver;
(ff) “Universities
Co‑ordinating Council” means the Universities Co‑ordinating Council
established under the Post‑secondary Learning Act.
(2) In this Act, a reference to “pharmacy” is
deemed to include a reference to “pharmaceutical dispensary”, “hospital
dispensary” and “drug store”.
RSA 2000 cP‑12
s1;2003 cP‑19.5 s145
Part 1
Practice of Pharmacy
Exclusive scope and
application of Act
2(1) Subject to subsections (4), (5) and (6), a
person is guilty of an offence who, not being a pharmacist or restricted
practitioner, engages in the exclusive scope areas of the practice of pharmacy.
(2) Nothing
in this Act authorizes or allows a restricted practitioner who is a holder of a
certificate of registration to engage in the exclusive scope areas of the
practice of pharmacy contrary to the limitations, conditions or restrictions
applicable to the restricted practitioner’s certificate of registration or to
the restricted practitioner.
(3) Nothing
in this Act authorizes or allows a licensee to engage in the exclusive scope
areas of the practice of pharmacy contrary to the limitations, conditions or
restrictions applicable to the licensee’s pharmacy licence or to the licensee.
(4) Nothing
in this Act
(a) applies
to or affects the practice of any profession or occupation by any person
practising under the authority of any other enactment,
(b) applies
to a person who is authorized by law to sell drugs to a pharmacist, physician,
dentist, registered veterinarian, podiatrist or optometrist,
(c) applies
to the sale of livestock medicine pursuant to the Production Animal Medicine Regulation (AR 31/98),
(d) applies
to a wholesale dealer who supplies drugs in the ordinary course of wholesale
dealing, if the drugs are in sealed manufacturers’ packages, or
(e) prevents
a person from engaging in the exclusive scope areas of the practice of pharmacy
(i) under the direct supervision of a pharmacist,
(ii) in the presence of a pharmacist, and
(iii) in accordance with any other conditions that may be prescribed in
the regulations.
(5) Nothing
in this Act prevents
(a) an
employee who works in a health, social care or correctional institution or a
senior citizen lodge that is operated or funded by the Government and who is
designated by the institution or lodge to administer drugs from administering a
drug, orally or topically, to a patient of the health or social care
institution, to a resident of a senior citizen lodge in respect of whom there
is a prescription from a physician or dentist or to an inmate of a correctional
institution;
(b) a
person who is authorized under the Nursing
Profession Act to engage in exclusive nursing practice who is employed by
an institution, facility or agency that is operated or funded by the Government
from selecting a drug from a supply of drugs, reconstituting or mixing a drug
or administering a drug to a patient of the institution, facility or agency;
(c) a
registered nursing assistant, psychiatric nurse or mental deficiency nurse who
is employed by an institution, facility or agency that is operated or funded by
the Government from selecting a drug from a supply of drugs or administering a
drug to a patient of the institution, facility or agency;
(d) a
community health nurse as defined in the Public
Health Act who is employed by the Government or by a regional health
authority under the Regional Health
Authorities Act or an agency that is operated or funded by the Government
from selecting a drug from a supply of drugs, reconstituting or mixing a drug,
administering a drug to a patient or providing a drug for self‑administration
to a patient.
(6) Nothing in this Act interferes with the right
of a hospital board or a regional health authority under the Regional Health Authorities Act to
operate a hospital.
1988 cP‑7.1 s2;1992
c29 s4;1994 cR‑9.07 s25(29)
Use of titles, etc.
3(1) No person, except a pharmacist or restricted
practitioner, shall
(a) represent
or hold out, expressly or by implication, that the person is entitled to engage
in the exclusive scope areas of the practice of pharmacy, or represent or hold
out that the person is a pharmacist or restricted practitioner, as the case may
be, or
(b) use
any sign, emblem, title or advertisement implying that the person is a
pharmacist or restricted practitioner.
(2) No
person except a pharmacist or proprietor shall use the designation “pharmacy”,
“pharmaceutical dispensary”, “drug store” or “drug” or any similar designation,
to describe a retail or wholesale business.
(3) No
person except a pharmacist shall use the following titles:
(a) pharmacist;
(b) pharmaceutical
chemist;
(c) druggist;
(d) apothecary;
or any similar designation or any suffix, prefix, word,
title or designation, abbreviated or otherwise, implying that the person is
registered as a member of the College or engaged in or entitled to engage in
the exclusive scope areas of the practice of pharmacy.
1988 cP‑7.1
s3;1992 c29 s4;2000 c15 s7
Prohibition
4 No person shall knowingly
employ a person who is not a pharmacist or restricted practitioner to engage in
the exclusive scope areas of the practice of pharmacy except in accordance with
section 2(4)(e).
1988 cP‑7.1
s4;1992 c29 s4
Injunction
5 The Court of Queen’s Bench, on
application by the Council by way of originating notice, may grant an injunction
enjoining any person from doing any act that contravenes this Part or Part 4 or
Schedule 1 or 2 notwithstanding any penalty that may be provided by this Act in
respect of that contravention.
1988 cP‑9.1 s5
Part 2
Alberta College of Pharmacists
College
6(1) The corporation known as the Alberta
Pharmaceutical Association is continued as a corporation under the name Alberta
College of Pharmacists.
(2) The
College has the capacity and, subject to this Act, the rights, powers and
privileges of a natural person.
(3) The
College has the power to assist, in a manner and in an amount that the Council
may determine, an organization having similar aims and objectives.
(4) The
College shall require pharmacists and restricted practitioners to comply with
any agreement it enters into that establishes
(a) maximum
dispensing fees, and
(b) the maximum mark‑up on the wholesale
cost of drugs.
1988 cP‑7.1
s6;2000 c15 s7
Council
7(1) There is hereby established a governing body of
the College called the Council.
(2) The
Council shall manage and conduct the business and affairs of the College and
exercise the rights, powers and privileges of the College in the name and on
behalf of the College.
(3) The
Council shall submit to the Minister in a form satisfactory to the Minister an
annual report on those matters of the business and affairs of the College that
the Minister requires.
(4) The Minister shall, on receipt of the annual
report of the College, lay it before the Legislative Assembly if it is then
sitting, and if it is not then sitting, within 15 days after the commencement
of the next sitting.
1988 cP‑7.1
s7;2000 c15 s7
Composition of the
Council
8(1) The Council shall consist of
(a) not
fewer than 9 pharmacists or the number of pharmacists prescribed by the bylaws,
whichever is greater, each of whom shall be elected in accordance with the
bylaws,
(b) if
the number of persons elected under clause (a) does not exceed 10, 2 members of
the public or, if the number of persons elected under clause (a) is more than 10,
3 members of the public, who shall be appointed by the Minister for a 2‑year
term of office from a list of not fewer than 3 members of the public nominated
by the Council,
(c) the
Dean of the Faculty of Pharmacy and Pharmaceutical Sciences at the University
of Alberta or the Dean’s designate, and
(d) members,
if any, appointed by the Council as members by virtue of their offices.
(2) The
office of a member of the Council elected under subsection (1)(a) is vacated if
(a) the
member by a notice in writing delivered to the President of the College or the
Registrar resigns from the member’s office as a member of the Council,
(b) the
conduct of the member is found pursuant to Part 7 to constitute unskilled
practice of pharmacy or professional misconduct,
(c) the
member ceases to be a resident of Alberta,
(d) the
member dies or is found to be of unsound mind, or
(e) the
member ceases to be a pharmacist.
(3) A
person who is a member by virtue of the person’s office does not have voting
rights on the Council.
(4) If
the Council fails, within 45 days after being requested to do so by the
Minister, to make a nomination for the purposes of subsection (1)(b), the
Minister may appoint a member of the public to the Council without the
Council’s nomination.
(5) A
member of the Council appointed under subsection (1)(b) continues to hold
office after the expiry of the member’s term of office until the member is
reappointed or a successor is appointed but may not hold office for more than 6
consecutive years.
(6) The
Minister may, after consultation with the Council, revoke the appointment of a
member of the Council appointed under subsection (1)(b).
(7) The
Minister may, in the absence of any payment by the Council to the member for
that purpose, pay to a member of the Council appointed under subsection (1)(b)
travelling and living expenses incurred by that member for the member’s
attendance at a meeting of the Council while away from the member’s usual place
of residence and fees in an amount prescribed by the Minister.
(8) The
powers, duties and operation of the Council are not affected by
(a) the
fact that no one is appointed as a member of the Council under subsection
(1)(b),
(b) the
revocation under subsection (6) of the appointment of a member of the Council,
or
(c) the
resignation from the Council of a member appointed under subsection (1)(b), (c)
or (d).
(9) Subject
to section 76(4), the failure of a member appointed under subsection (1)(b),
(c) or (d) to attend a meeting of the Council does not affect or restrict the
Council from exercising any powers or performing any duties at that meeting.
(10) The members of the Council shall elect from
among themselves the officers of the College specified in the bylaws in the
manner and for the term prescribed in the bylaws.
1988 cP‑7.1
s8;1992 c29 s4;2000 c15 s7
Part 3
Registration
Approved faculty of
pharmacy
9(1) The Universities Co‑ordinating Council
may grant to and withdraw from
(a) an
academic institution, or
(b) a
faculty of pharmacy that is recognized by the Pharmacy Examining Board of
Canada
the designation
“approved faculty of pharmacy”.
(2) A
grant or withdrawal of a designation under subsection (1) is subject to the
approval of the Lieutenant Governor in Council.
(3) Until a designation is granted under subsection
(1), “approved faculty of pharmacy”, for the purposes of this Part, means a
faculty of pharmacy recognized by the Pharmacy Examining Board of Canada.
1988 cP‑7.1 s9
Registrar
10(1) The Council shall appoint a Registrar for the
purposes of this Act.
(2) In addition to the powers, duties and functions
of the Registrar under this Act, the Registrar has any additional duties and
functions set out by the Council or prescribed in the regulations.
1988 cP‑7.1 s10
Registers
11(1) The Registrar shall maintain, subject to the
direction of the Council, the following registers:
(a) a
register of pharmacists;
(b) a
register for each class or category of restricted practitioner established
under the regulations;
(c) a
register for each class or category of non‑practising member established
under the regulations;
(d) a
register of licensed pharmacies and the licensees who operate them;
(e) a
register of certified pharmacies and the licensees who operate them.
(2) The
Registrar shall, on request and during regular office hours, permit any person
to inspect the register referred to in subsection (1)(a) containing the names
of registered pharmacists and the status of each registration.
(3) The Registrar shall not enter, remove or re‑enter
a name or memorandum in a register except in accordance with this Act and the
regulations.
1988 cP‑7.1 s11
Registration Committee
12(1) There is hereby established a Registration
Committee consisting of individuals appointed by the Council in accordance with
the bylaws.
(2) The
Registration Committee shall consider and decide on applications for
registration under section 13 and shall undertake any other functions and
duties as directed by the Council.
(3) The Registration Committee may delegate its
authority under this Act, the regulations and the bylaws to the Registrar.
1988 cP‑7.1 s12
Application for
registration
13 An application for registration as a
pharmacist must be approved by the Registration Committee if the applicant
(a) produces
documentation satisfactory to the Registration Committee showing that, within
the time period prescribed in the regulations,
(i) the applicant has obtained
an undergraduate degree in pharmacy from an approved faculty of pharmacy or the
Universities Co‑ordinating Council is satisfied that the applicant’s
academic qualifications are substantially equivalent to an undergraduate degree
in pharmacy from an approved faculty of pharmacy,
(ii) the applicant has passed the examinations and met the conditions
prescribed by the Universities Co‑ordinating Council, and
(iii) the applicant has met any internship requirements prescribed in
the regulations,
(b) is
a Canadian citizen, has been lawfully admitted to Canada for permanent
residence or resides in Canada temporarily pursuant to an international
agreement,
(c) establishes
that the applicant’s name has not been removed for cause from the register of
an association of persons authorized to engage in the practice of pharmacy in
Canada or elsewhere,
(d) establishes
that the applicant is not and has not been suspended as a result of
professional misconduct by an association of persons governing the practice of
pharmacy in Canada or elsewhere, and
(e) meets any other requirements prescribed in
the regulations.
1988 cP‑7.1 s13
Application not approved
14 If the Registration Committee does not
approve an application for registration as a pharmacist, the Registration
Committee shall
(a) forthwith
notify the applicant in writing giving reasons for its decision,
(b) if
the applicant does not meet the academic requirements referred to in section
13(a)(i) and (ii), refer the applicant to the Universities Co‑ordinating
Council for direction respecting the courses or examinations, or both, that the
Universities Co‑ordinating Council considers necessary for the applicant
to be eligible for registration, and
(c) if the Registration Committee is not
satisfied that the applicant meets the requirements referred to in section
13(a)(iii) or (b) to (e), notify the applicant of the applicant’s right to
appeal the decision of the Registration Committee to the Council.
1988 cP‑7.1 s14
Appeal to Council
15(1) An applicant other than an applicant referred
to in section 14(b) whose application for registration as a pharmacist is not
approved by the Registration Committee may, by notice in writing within 30 days
after receipt of a notice of refusal or within 30 days after a deemed refusal,
appeal the decision of the Registration Committee to the Council, specifying
the reasons for the appeal.
(2) For
the purposes of subsection (1), if the Registration Committee fails to make a
decision in respect of an application for registration within 90 days after the
date on which an applicant applies in person, the application is deemed to have
been refused.
(3) On
receipt of a notice of appeal under this section, the Council shall schedule a
review of the applicant’s application for registration to be heard within 120
days after receipt of the notice of appeal by the Council.
(4) An
applicant who appeals a decision of the Registration Committee under this
section
(a) shall
be notified in writing by the Council of the date, time and place of the appeal, and
(b) is
entitled to appear with counsel and make representations to the Council or a
special committee of Council at the appeal.
(5) A
member of the Registration Committee who is also a member of the Council or
special committee of Council may participate in the appeal but shall not vote
on a decision under this section.
(6) On reviewing an application under this section,
the Council or special committee of Council may make any decision the
Registration Committee could have made and shall notify the applicant of its
decision.
1988 cP‑7.1 s15
Registration of
pharmacist
16(1) The Registrar shall enter in the register of
pharmacists the name of a person
(a) whose
application for registration as a pharmacist has been approved by the
Registration Committee, the Council or a special committee of Council, as the
case may be, and
(b) who
has paid the fees prescribed in the bylaws.
(2) On entering the name of a person in the
register of pharmacists, the Registrar shall issue a certificate of
registration to the person.
1988 cP‑7.1 s16
Annual certificate
17(1) A pharmacist shall pay the annual fee
prescribed in the bylaws to the Registrar or to any person authorized by the
Registrar to accept payment of the fee.
(2) The
Registrar shall issue an annual certificate in accordance with the bylaws to a
pharmacist
(a) whose
registration is not under suspension or cancelled,
(b) who
has acquired the minimum number of continuing education units prescribed in the
regulations,
(c) who
meets any other requirements or conditions prescribed in the regulations for
the issuance of an annual certificate, and
(d) who
has paid the annual fee in an amount and by the due date prescribed in the
bylaws.
(3) Subject
to this Act, an annual certificate entitles a pharmacist
(a) to
engage in the practice of pharmacy as a pharmacist during the year for which
the annual certificate is issued, and
(b) to
represent or hold out that the pharmacist is a pharmacist.
(4) An annual certificate expires on the date
prescribed in the bylaws.
1988 cP‑7.1 s17
Part 4
Pharmacies
General
Practice only in
pharmacy
18 A pharmacist or restricted practitioner
may engage in the exclusive scope areas of the practice of pharmacy only in
(a) a
licensed pharmacy,
(b) a
certified pharmacy, or
(c) a publicly funded pharmacy.
1988 cP‑7.1
s18;1992 c29 s4
Application to become a
licensee
19(1) A pharmacist who intends to operate
(a) a
licensed pharmacy shall apply for a pharmacy licence, or
(b) a
certified pharmacy shall apply for a pharmacy certificate.
(2) An
application under subsection (1) shall be forwarded to the Registrar.
(3) Subject to sections 24 and 25, no pharmacy may
be operated as a licensed pharmacy unless a pharmacy licence has been issued in
respect of that pharmacy and no pharmacy may be operated as a certified
pharmacy unless a pharmacy certificate has been issued in respect of that pharmacy.
1988 cP‑7.1
s19;1992 c29 s4
Duration of licence or
certificate
20(1) A pharmacy licence or pharmacy certificate
remains in force until the date prescribed in the regulations and may be
renewed in accordance with this Act, the regulations and the bylaws.
(2) A pharmacy certificate may be cancelled at any
time by the holder of the certificate.
1988 cP‑7.1 s20
Display of licence,
certificate, code of ethics
21(1) A licensee shall display in a conspicuous
public part of the pharmacy of which the licensee is the licensee
(a) the
current pharmacy licence or pharmacy certificate, as the case may be, for the
pharmacy, and
(b) the
code of ethics of the College.
(2) A pharmacist or restricted practitioner shall
display the pharmacist’s or restricted practitioner’s certificate of
registration in a conspicuous public part of the pharmacy in which the
pharmacist or restricted practitioner engages in the practice of pharmacy.
1988 cP‑7.1
s21;2000 c15 s7
Liability of licensee or
proprietor
22(1) A contravention of this Act or the regulations
by a licensee or proprietor constitutes
(a) in
the case of a contravention by a licensee, professional misconduct, or
(b) in
the case of a contravention by a proprietor, proprietary misconduct.
(2) A
licensee or a proprietor is liable for a contravention of this Act or the
regulations committed with the express or implied consent of the licensee or
the proprietor
(a) in
the case of a consent given by a licensee, by a person employed or supervised
by the licensee or by an agent of the licensee, and
(b) in the case of a consent given by a
proprietor, by a person employed by the proprietor or by an agent of the
proprietor.
1988 cP‑7.1 s22
Restrictions on publicly
funded pharmacies
23(1) In this section, “patient” means a person who
is receiving services from the institution or facility referred to in
subsection (2)(a), (b) or (c).
(2) A
publicly funded pharmacy shall dispense drugs only to
(a) patients
of the hospital, health unit, regional health authority under the Regional Health Authorities Act, long‑term
care institution, correctional institution or other health or social care
institution or facility in which the pharmacy is located,
(b) patients
of a facility that is affiliated with the hospital, health unit, regional
health authority under the Regional
Health Authorities Act, long‑term care institution, correctional
institution or other health or social care institution or facility in which the
pharmacy is located, or
(c) patients
of an institution or facility that has entered into an agreement with the
hospital, health unit, regional health authority under the Regional Health Authorities Act, long‑term care institution,
correctional institution or other health or social care institution or facility
in which the pharmacy is located providing for the sharing of pharmacy
facilities and services.
(3) When
a publicly funded pharmacy dispenses drugs to a patient who is being discharged
from an institution or facility referred to in subsection (2), the patient must
obtain any repeat of the drugs from a licensed pharmacy.
(4) A
publicly funded pharmacy that sells or intends to sell drugs by retail to
persons other than patients must be a licensed pharmacy.
(5) This
section does not apply to a publicly funded pharmacy when selling or
dispensing, alone or in combination with other drugs,
(a) an
investigational drug,
(b) an
emergency release drug,
(c) a
home parenteral therapy drug,
(d) a
drug provided under a special health care program for tuberculosis, cancer or
another disease or condition,
(e) a drug that is not readily available in a
local licensed pharmacy, or
(f) any drug in an emergency.
1988 cP‑7.1
s23;1992 c29 s4;1994 cR‑9.07 s25(29);
1995 c23 s16;1996 c28 s35
Suspension or
cancellation of licence or certificate
24(1) On the suspension or cancellation of a pharmacy
licence or pharmacy certificate pursuant to this Act, the pharmacy designated
on the pharmacy licence or pharmacy certificate may, if permitted by the
Council, continue to operate for the period prescribed in the regulations if
the proprietor or the proprietor’s agent immediately places the pharmacy under
the personal management, control and supervision of a pharmacist other than the
pharmacist whose pharmacy licence or pharmacy certificate is suspended or
cancelled.
(2) A
pharmacist hired under subsection (1) may manage, control and supervise a
pharmacy without a pharmacy licence or pharmacy certificate for the period
prescribed in the regulations.
(3) Subject to subsection (2), this Part applies to
a pharmacist hired under subsection (1) as if the pharmacist were the licensee
of the pharmacy for the period prescribed in the regulations.
1988 cP‑7.1
s24;1992 c29 s4
Death or incapacity of
licensee
25(1) If the holder of a pharmacy licence or pharmacy
certificate dies or becomes incapacitated, the holder’s pharmacy licence or
pharmacy certificate terminates.
(2) A
pharmacy whose pharmacy licence or pharmacy certificate is terminated may, if
permitted by the Council, continue to operate for the period prescribed in the
regulations if the proprietor or the proprietor’s agent immediately places the
pharmacy under the personal management, control and supervision of a
pharmacist.
(3) A
pharmacist hired under subsection (2) may manage, control and supervise a
pharmacy without a pharmacy licence or pharmacy certificate for the period
prescribed in the regulations.
(4) Subject to subsection (3), this Part applies to
a pharmacist hired under subsection (2) as if the pharmacist were the licensee
of the pharmacy for the period prescribed in the regulations.
1988 cP‑7.1
s25;1992 c29 s4
Licensed Pharmacy
Issuance of pharmacy
licence
26(1) The Registrar shall not issue or renew a
pharmacy licence unless the Registrar is satisfied that the applicant
(a) is
a pharmacist,
(b) will
personally manage, control and supervise the pharmacy insofar as the
management, control and supervision relate to the practice of pharmacy,
(c) subject
to the regulations, will ensure that a pharmacist is present in the pharmacy at
all times,
(d) has
an adequate and suitable supply of drugs, and
(e) has
compounding and dispensing equipment and a pharmaceutical reference library
that comply with the requirements of the regulations.
(2) The
Registrar shall enter in the register of licensed pharmacies
(a) the
name of a person to whom the Registrar issues a pharmacy licence under
subsection (1),
(b) the
name of the pharmacy in respect of which the person referred to in clause (a)
is the licensee, and
(c) any
other information prescribed in the regulations
on payment by the
person of the annual fee in an amount and by the date prescribed in the bylaws.
(3) The holder of a pharmacy licence shall, within
14 days after employing a pharmacist to engage in the practice of pharmacy in
the premises designated on the pharmacy licence, advise the Registrar of the
name of that employee.
1988 cP‑7.1 s26
Obligation of licence
holder
27(1) The holder of a pharmacy licence shall ensure
(a) that
the pharmacy in respect of which the holder is the licensee contains a
prescription department,
(b) that
drugs included in Schedules 1 and 2 are stored for sale to the public in the
prescription department, and
(c) if
there is no professional products department in the pharmacy, that the drugs
included in Schedule 3 are stored for sale to the public in the prescription
department.
(2) If
a licensed pharmacy contains a professional products department, the licensee
of the pharmacy shall ensure
(a) that
the professional products department is located immediately adjacent to the
prescription department,
(b) that
drugs included in Schedule 3 are displayed in the professional products
department,
(c) that
only health related products prescribed in the regulations are displayed in
that department in addition to the drugs included in Schedule 3, and
(d) that
the drugs and health related products displayed in the professional products
department are sold under the supervision of a pharmacist.
(3) A
holder of a pharmacy licence shall
(a) maintain
the pharmacy, stock and compounding and dispensing equipment in a clean and
sanitary condition and in proper working condition, and
(b) comply
with the standards for the practice of pharmacy developed by the College
pursuant to section 90.
(4) The
holder of a pharmacy licence shall not
(a) hold
more than one pharmacy licence, or
(b) permit a proprietor of the licensed pharmacy
or a person who is not a pharmacist to direct, influence, control or
participate in the management or operation of the licensed pharmacy in a way
that contravenes this Act or the regulations.
1988 cP‑7.1
s27;1992 c29 s4;2000 c15 s7
Leased pharmacy
28(1) If the premises in which a licensed pharmacy
operates are leased, the rental payable in respect of the premises shall not be
based on a percentage of the sales by the pharmacy of drugs sold pursuant to
prescriptions.
(2) Subsection
(1) does not apply
(a) to a lease that is in force on January 1,
1995, or
(b) to one renewal of a lease referred to in
clause (a), if the terms of the renewal are not substantially different from
the terms of the lease, for a period not exceeding 5 years.
1988 cP‑7.1 s28
Identification of
pharmacy
29 If a licensed pharmacy does
not occupy 100% of the public area of the premises in which it is located, the
licensed pharmacy shall be identified in accordance with the regulations.
1988 cP‑7.1 s29
Sale of pharmacy
30 On the sale of the business of
a licensed pharmacy where the proprietor of the pharmacy changes, the pharmacy
licence terminates.
1988 cP‑7.1 s30
Certified Pharmacy
Issuance of pharmacy
certificate
31(1) The Registrar shall not issue or renew a
pharmacy certificate unless the Registrar is satisfied that the applicant
(a) is
a pharmacist engaging in the practice of pharmacy in a place referred to in section
1(1)(c) but not in a publicly funded pharmacy,
(b) will
personally manage, control and supervise the pharmacy insofar as the
management, control and supervision relate to the practice of pharmacy,
(c) subject
to the regulations, will ensure that a pharmacist is present in the pharmacy at
all times,
(d) has
an adequate and suitable supply of drugs, and
(e) has
compounding and dispensing equipment and a pharmaceutical reference library
that comply with the requirements of the regulations.
(2) The
Registrar shall enter in the register of certified pharmacies
(a) the
name of a person to whom the Registrar issues a pharmacy certificate under
subsection (1),
(b) the
name of the pharmacy in respect of which the person referred to in clause (a)
is the licensee, and
(c) any
other information prescribed in the regulations
on payment by the
person of the annual fee in an amount and by the date prescribed in the bylaws.
(3) The holder of a pharmacy certificate shall,
within 14 days after employing a pharmacist to engage in the practice of
pharmacy in the premises designated on the pharmacy certificate, advise the
Registrar of the name of that employee.
1988 cP‑7.1
s31;1992 c29 s4
Obligation of
certificate holder
32 The holder of a pharmacy certificate shall
(a) maintain
the pharmacy, stock and compounding and dispensing equipment in a clean and
sanitary condition and in proper working condition, and
(b) comply with the standards for the practice
of pharmacy developed by the College pursuant to section 90.
1988 cP‑7.1
s32;1992 c29 s4;2000 c15 s7
Part 5
Suspension and Cancellation
Suspension and
cancellation
33(1) The certificate of registration, annual
certificate, pharmacy licence or pharmacy certificate of a member is suspended
when a decision to suspend the certificate of registration, annual certificate,
pharmacy licence or pharmacy certificate is made in accordance with this Act or
at a later time specifically directed by the Infringement Committee, the
Investigating Committee, the Council or the Court of Appeal.
(2) The
Registrar shall, when a decision to suspend a certificate of registration,
annual certificate, pharmacy licence or pharmacy certificate has been made,
enter a memorandum of the suspension in the appropriate register, indicating
the period of the suspension.
(3) The
certificate of registration, annual certificate, pharmacy licence or pharmacy
certificate of a member is cancelled when a decision to cancel the certificate
of registration, annual certificate, pharmacy licence or pharmacy certificate
is made in accordance with this Act or at a later time specifically directed by
the Infringement Committee, the Investigating Committee, the Council or the
Court of Appeal.
(4) The
Registrar shall, when a decision to cancel a certificate of registration,
annual certificate, pharmacy licence or pharmacy certificate has been made,
enter a memorandum of the cancellation in the appropriate register.
(5) If
the Registrar is satisfied that a person registered under this Act has died,
the Registrar shall enter a memorandum to that effect in the register.
(6) If the certificate of registration, annual
certificate, pharmacy licence or pharmacy certificate of a member has been
cancelled or suspended under this Act, the member shall surrender to the Registrar
the certificate of registration, annual certificate, pharmacy licence or
pharmacy certificate, as the case may be.
1988 cP‑7.1 s33
Suspension on default
34(1) The Council may direct the Registrar to suspend
one or more of the certificate of registration, annual certificate, pharmacy
licence or pharmacy certificate of a member who
(a) is
in default of payment of annual fees, penalties or costs or any other fees,
dues or levies payable under this Act, the regulations or the bylaws, or
(b) has
not acquired the minimum number of continuing education units prescribed in the
regulations,
on the expiration of
the period specified in subsection (2), unless the member complies with a
written notice served on the member by the Council.
(2) The
notice under subsection (1) shall state that the Registrar may suspend one or
more of the certificate of registration, annual certificate, pharmacy licence
or pharmacy certificate unless
(a) the
member pays the fees, penalties, costs, dues or levies within 30 days after the
date of service of the notice, or
(b) the
member obtains the continuing education units specified in the notice within
the period specified in the notice,
as the case may be.
1988 cP‑7.1 s34
Cancellation by request
35(1) The Registrar shall not cancel a certificate of
registration, annual certificate, pharmacy licence or pharmacy certificate of a
member at the member’s request unless the request for the cancellation has been
approved by the Council.
(2) When a request for a cancellation under subsection
(1) is approved by the Council, the Registrar shall cancel that registration.
1988 cP‑7.1
s35;1992 c29 s4
Cancellation of
registration made in error
36 The Council may direct the
Registrar to cancel a certificate of registration, annual certificate, pharmacy
licence or pharmacy certificate issued in error.
1988 cP‑7.1 s36
Cancellation of falsely
obtained registration
37(1) If the Council is satisfied, after a hearing on
the matter, that a person obtained registration in a register established under
this Act by means of a false or fraudulent representation or declaration,
either verbal or written, the Council shall order that one or more of the
certificate of registration, annual certificate, pharmacy licence or pharmacy
certificate, as the case may be, of that person be cancelled.
(2) Part 7 applies to a hearing held by the Council
under subsection (1).
1988 cP‑7.1 s37
Reinstatement
38(1) The Council may direct the Registrar, subject
to any conditions respecting the payment of arrears and any reinstatement fee
that the Council may prescribe and subject to any other conditions prescribed
in the regulations,
(a) to
note in the applicable register the expiration of a period of suspension in a
case where a certificate of registration, annual certificate, pharmacy licence
or pharmacy certificate has been suspended, or
(b) to
reinstate in the applicable register the name of a member whose certificate of
registration, annual certificate, pharmacy licence or pharmacy certificate has
been cancelled.
(2) On
reinstating a name pursuant to subsection (1), the Registrar shall reissue a
certificate of registration, annual certificate, pharmacy licence or pharmacy
certificate to its former holder.
(3) A member of the Council who is a member of a
committee of inquiry appointed pursuant to the regulations to consider any
application under this Part for reinstatement of a certificate of registration,
annual certificate, pharmacy licence or pharmacy certificate may participate in
or vote at any proceedings of the Council under this section, and the Registrar
and the College’s solicitor may participate in those proceedings.
1988 cP‑7.1
s38;2000 c15 s7
Part 6
Practice Review Committee
Committee established
39 There is hereby established the Practice
Review Committee consisting of not fewer than 5 persons as follows:
(a) not
fewer than 4 pharmacists who, in the opinion of the Council, have a combination
of knowledge and experience suitable for fulfilling the responsibilities of the
Practice Review Committee, appointed by the Council, and
(b) the Dean of the Faculty of Pharmacy and
Pharmaceutical Sciences at the University of Alberta or the Dean’s designate.
1988 cP‑7.1 s39
Powers of Committee
40(1) The Practice Review Committee
(a) may
on its own initiative and shall at the request of the Council inquire into and
report to and advise the Council in respect of
(i) the assessment and development of educational standards and
experience requirements that may be desirable as conditions precedent to
continuing registration under this Act,
(ii) the evaluation of desirable standards of competence of members
generally,
(iii) any other matter that the Practice Review Committee from time to
time considers necessary or appropriate in connection with the exercise of its
powers and the performance of its duties in relation to competence in the
practice of pharmacy under this Act and the regulations, and
(iv) the practice of pharmacy generally,
and
(b) may
conduct, in accordance with this Act and the regulations, a review of the
practice of a member.
(2) If a member does not co‑operate with the
Practice Review Committee in carrying out an inquiry or review, the Practice
Review Committee may make a complaint in writing to the Infringement
Committee, and the failure or refusal to
co‑operate may be held by the Infringement Committee to be professional
misconduct within the meaning of section 57.
1988 cP‑7.1 s40
Duties on conclusion of
inquiry or review
41(1) After each inquiry or review under section 40,
the Practice Review Committee
(a) shall
make a written report to the Council on the inquiry or review,
(b) may
make recommendations to the Council regarding the matter inquired into or
reviewed, with reasons for the recommendations,
(c) may
make recommendations to a member as to the member’s conduct in the practice of
pharmacy, and
(d) if
it is of the opinion that the conduct of a member constitutes or may constitute
either unskilled practice of pharmacy or professional misconduct within the
meaning of section 57,
(i) shall forthwith refer the matter relating to that conduct to the
Registrar for an inquiry under Part 7, and the Registrar shall deal with the
referral as if it were a complaint, and
(ii) may, if it makes a referral under subclause (i), recommend to the
Infringement Committee that one or more of the certificate of registration,
annual certificate or pharmacy licence, as the case may be, of the member be
temporarily suspended pending the outcome of proceedings under Part 7.
(2) On
receiving a recommendation under subsection (1)(d)(ii), the Infringement
Committee may, where there is a question of serious risk to the public, suspend
one or more of the certificate of registration, annual certificate, pharmacy
licence or pharmacy certificate, as the case may be.
(3) The member may, by filing an originating notice
with the Court of Queen’s Bench and serving a copy on the Registrar, apply for
an order of the Court staying the decision of the Infringement Committee.
1988 cP‑7.1 s41
Part 7
Discipline
Definitions
42 In this Part,
(a) “conduct”
includes an act or omission;
(b) “investigated
person” means
(i) a member or a proprietor, or
(ii) in a case to which section 48(2) applies, a former member, former
licensee or former proprietor
in respect of whose conduct
an investigation or hearing is held under this Part;
(c) “records” includes drugs, prescriptions,
prescription containers, receipts, invoices, ledgers, books of account, patient
files, documents, papers, notes, photographs, books, films and other materials
and things.
1988 cP‑7.1 s42
Infringement Committee
43(1) There is hereby established the Infringement
Committee consisting of the President of the College and the Registrar.
(2) The Infringement Committee shall exercise the
powers and perform the duties set out in this Part.
1988 cP‑7.1
s43;2000 c15 s7
Inspectors
44(1) The Council shall appoint one or more
inspectors for the purposes of this Act.
(2) In addition to the powers, duties and functions
of an inspector under this Act, an inspector has any additional duties and
functions prescribed by the Council or in the regulations.
1988 cP‑7.1 s44
Inspection of licensed
or certified pharmacy
45(1) An inspector may inspect the operation of a
licensed or certified pharmacy and shall report the inspector’s findings to the
Registrar on the conclusion of each inspection.
(2) If
an inspector reports to the Registrar that a licensed pharmacy does not appear
to meet the standards required of a licensed pharmacy under this Act and the
regulations, the Registrar shall, if the Registrar is unable to resolve the
matter on the Registrar’s own, refer the matter to the Infringement Committee
and the Infringement Committee shall deal with the matter as a complaint in
accordance with this Part.
(3) If an inspector reports to the Registrar that a
certified pharmacy does not appear to meet the standards required of a
certified pharmacy under this Act and the regulations, the Registrar shall, if
the Registrar is unable to resolve the matter on the Registrar’s own, refer the
matter to the Practice Review Committee and the Practice Review Committee shall
deal with the matter in accordance with Part 6.
1988 cP‑7.1 s45
Entry of premises and
inspection of records
46(1) The Registrar or an inspector may at all
reasonable times and in accordance with the guidelines and procedures
prescribed in the regulations for the inspection of pharmacies enter a licensed
or certified pharmacy for the purpose of carrying out the Registrar’s or
inspector’s duties under this Act.
(2) Any record required to be kept by a pharmacist
under this Act and the regulations or under any enactment referred to in the
Schedules shall be available for inspection by the Registrar or an inspector.
1988 cP‑7.1 s46
Duty of inspector
47 An inspector shall inform the
Registrar of any perceived or apparent professional misconduct on the part of a
member or any perceived or apparent proprietary misconduct on the part of a
proprietor and the perceived or apparent misconduct shall be dealt with as a
complaint in accordance with this Part and the regulations.
1988 cP‑7.1 s47
Complaints
48(1) A person may complain to the Registrar about
the conduct of a member or proprietor and the complaint shall be dealt with in
accordance with this Part and the regulations.
(2) If,
after the certificate of registration, annual certificate, pharmacy licence or
pharmacy certificate of a member or licensee has been suspended or cancelled
under this Act or any predecessor of this Act, or after a proprietor has ceased
to be a proprietor,
(a) a
complaint is made about the former member, former licensee or former
proprietor, and
(b) the
complaint relates to conduct occurring before the suspension or cancellation
occurred or before the former proprietor ceased to be a proprietor,
the complaint may,
notwithstanding the suspension or cancellation or the change in status of the
proprietor, be dealt with within 5 years following the date of suspension or
cancellation or the change in status of the proprietor as if the suspension,
cancellation or change in status had not occurred.
(3) Subsection (2) does not apply to a complaint
regarding conduct of a proprietor that occurred before January 1, 1995.
1988 cP‑7.1 s48
Referral to Infringement
Committee
49 The Registrar shall
(a) if
a complaint is made to the Registrar under section 47 or 48, or
(b) if
the Registrar has reason to believe that the conduct of a member or proprietor
constitutes or may constitute unskilled practice of pharmacy, professional
misconduct or proprietary misconduct, whether a complaint is made or not,
refer the matter to the Infringement Committee.
1988 cP‑7.1 s49
Preliminary
investigation
50(1) The Infringement Committee may direct that a
preliminary investigation into the conduct of a member or proprietor be held
and may appoint an inspector or other person to conduct the preliminary
investigation.
(2) A
person conducting a preliminary investigation may require the investigated
person or any other member or proprietor
(a) to
produce to the person any records in the possession of or under the control of
the investigated person or other member or proprietor, and
(b) to
attend at the preliminary investigation.
(3) The
College may apply ex parte to the Court of Queen’s Bench for an order
(a) directing
the investigated person or any other member or proprietor to produce to the
person conducting a preliminary investigation any records in the possession or
under the control of the investigated person, member or proprietor, if it is
shown that the investigated person, member or proprietor failed to produce them
when required by the person conducting the preliminary investigation, or
(b) directing
any person to produce to the person conducting a preliminary investigation any
records that are or may be relevant to the complaint being investigated.
(4) A
person conducting a preliminary investigation may investigate any other matter
related to the professional or proprietary conduct of the investigated person
or the skill in practice of the member that arises in the course of the
investigation.
(5) A
person conducting a preliminary investigation shall, on concluding the
preliminary investigation, report the person’s findings to the Infringement
Committee.
(6) If a member or proprietor does not co‑operate
with a person conducting a preliminary investigation, the person conducting the
preliminary investigation may make a complaint in writing to the Infringement
Committee, and the failure or refusal to co‑operate may be held by the
Investigating Committee to be professional or proprietary misconduct.
1988 cP‑7.1
s50;2000 c15 s7
Decision of Infringement
Committee
51(1) At the conclusion of a preliminary
investigation, the Infringement Committee
(a) shall
direct that no further action be taken if it is of the opinion that
(i) the complaint is frivolous or vexatious, or
(ii) there is insufficient evidence of unskilled practice of pharmacy,
professional misconduct or proprietary misconduct,
(b) may
accept a voluntary withdrawal, submitted in writing by a member, withdrawing the
member’s right to practise pharmacy, or
(c) if
it does not make a direction under clause (a) or accept a voluntary withdrawal
under clause (b), shall refer the matter under investigation to an
Investigating Committee.
(2) The Registrar shall serve on the investigated
person and on the complainant a notice setting out the decision of the
Infringement Committee under subsection (1) and the reasons for the decision.
1988 cP‑7.1 s51
Voluntary withdrawal
52(1) If the Infringement Committee accepts a voluntary
withdrawal under section 51(1)(b), the Infringement Committee may direct the
member to obtain counselling or treatment.
(2) A
voluntary withdrawal remains in effect until the Infringement Committee is
satisfied that the conduct or complaint that was the subject of the preliminary
investigation has been resolved, at which time the Infringement Committee may
impose conditions on the member’s entitlement to engage in the practice of
pharmacy, generally or in any field of the practice, including the conditions
that the member
(a) practise
under supervision,
(b) not
engage in sole practice,
(c) permit
periodic inspections by a person authorized by the Infringement Committee to
carry out inspections,
(d) permit
periodic audits of drugs, or
(e) report
to the Infringement Committee or the Registrar on specific matters.
(3) Notwithstanding the acceptance of a voluntary
withdrawal by the Infringement Committee, the Infringement Committee may at any
time refer the conduct or complaint that was the subject of the preliminary
investigation to an Investigating Committee.
1988 cP‑7.1 s52
Appeals Committee
53(1) The Council shall in accordance with the
regulations appoint from among its members an Appeals Committee consisting of
not fewer than 3 persons, of whom at least one shall be a person appointed
under section 8(1)(b).
(2) The Appeals Committee shall exercise the powers
and perform the duties set out in this Part.
1988 cP‑7.1 s53
Appeal by complainant to
Appeals Committee
54(1) A complainant who is served with a notice under
section 51 that no further action will be taken may, by notice in writing to
the Registrar, mailed within 30 days after the service of the notice on the
complainant, appeal that direction to the Appeals Committee.
(2) On
an appeal under subsection (1), the Appeals Committee shall do one or more of
the following:
(a) make
any decision that in its opinion ought to have been made by the Infringement
Committee;
(b) quash,
vary or confirm the decision of the Infringement Committee;
(c) refer
the matter back to the Infringement Committee for further consideration in
accordance with any direction that the Appeals Committee may make.
(3) The
Appeals Committee shall notify the investigated person and the complainant in
writing of its decision and the reasons for its decision.
(4) If the Appeals Committee determines that a
complaint is frivolous or vexatious, it may order that the costs of the appeal
under this section be paid in accordance with the regulations.
1988 cP‑7.1 s54
Suspension pending
decision
55(1) Notwithstanding anything in this Act, the
Infringement Committee may, where there is a question of serious risk to the
public,
(a) if
the investigated person is a member, suspend a certificate of registration,
annual certificate or pharmacy licence,
(b) if
the investigated person is a proprietor of a licensed pharmacy, order that no
member may engage in the practice of pharmacy in the licensed pharmacy in which
the situation that gave rise to the matter under investigation occurred, or
(c) make
an order under both clauses (a) and (b)
pending the outcome of
proceedings under this Part.
(2) The investigated person may, by filing an
originating notice with the Court of Queen’s Bench and serving a copy on the
Registrar, apply for an order of the Court staying a decision of the
Infringement Committee under subsection (1).
1988 cP‑7.1 s55
Investigating Committee
56(1) If a matter is referred to an Investigating
Committee
(a) by
the Infringement Committee under section 51(1)(c) or 52(3), or
(b) by
the Appeals Committee under section 54(2),
the Council shall in
accordance with the bylaws appoint an Investigating Committee.
(2) An
Investigating Committee shall consist of not fewer than 2 pharmacists other
than the President of the College and the Registrar.
(3) An Investigating Committee shall exercise the
powers and perform the duties set out in this Part.
1988 cP‑7.1
s56;2000 c15 s7
Unskilled practice or
misconduct
57 Conduct of a member or proprietor that
(a) in
the opinion of an Investigating Committee,
(i) is detrimental to the best interests of the public,
(ii) contravenes this Act or the regulations,
(iii) does not comply with the standards for the practice of pharmacy
developed by the College pursuant to section 90,
(iv) contravenes any Act of the Parliament of Canada or of the
Legislature of Alberta relating to the compounding, dispensing, sale, supply or
distribution of drugs,
(v) harms or tends to harm the standing of the profession of pharmacy
generally, or
(vi) displays a lack of knowledge of or lack of skill or judgment in
the practice of pharmacy,
or
(b) results
in a conviction of an indictable offence,
whether or not that conduct is disgraceful or
dishonourable, constitutes either unskilled practice of pharmacy, professional
misconduct or proprietary misconduct, whichever the Investigating Committee
finds.
1988 cP‑7.1
s57;1992 c29 s4;2000 c15 s7
Rights of investigated
person
58(1) The College, the investigated person and the
complainant may appear and be represented by counsel at a hearing before an
Investigating Committee.
(2) A
hearing before the Investigating Committee must be open to the public unless
(a) the
complainant requests that the hearing be held in private because of the
confidential nature of the matters to be heard, or
(b) in
the opinion of the Investigating Committee, the interests of any person other
than the investigated person may be detrimentally affected if the hearing is
not held in private.
(3) The
College may, after the expiration of any appeal period, publish in accordance
with the regulations
(a) the
name of an investigated person in respect of whom an order is made under
section 67 or 68, and
(b) the circumstances relevant to the finding of
professional or proprietary misconduct.
1988 cP‑7.1
s58;1992 c29 s4;2000 c15 s7
Notice of hearing
59(1) On referral of a matter to an Investigating
Committee under section 51(1)(c) or on a determination being made under section
54(2) that a hearing should be held, the Investigating Committee appointed for
the purposes of that matter shall hold a hearing.
(2) The
hearing referred to in subsection (1) shall be scheduled on a date within 120
days after the date on which the matter is referred under section 51(1)(c) or a
determination is made under section 54(2).
(3) The Registrar shall cause to be served on the
investigated person and the complainant at least 15 days before the hearing
date a notice of hearing stating the date, time and place at which the
Investigating Committee will hold a hearing and identifying in general terms
the complaint or matter in respect of which the hearing will be held.
1988 cP‑7.1 s59
Further investigation
60 An Investigating Committee may
investigate and hear any other matter concerning the conduct of an investigated
person that arises in the course of the investigation, but in that event the
Investigating Committee shall declare its intention to investigate the further
matter and shall permit the investigated person sufficient opportunity to
prepare the investigated person’s answer to the further matter.
1988 cP‑7.1 s60
Evidence
61(1) Evidence may be given before the Investigating
Committee in any manner that the Investigating Committee considers appropriate,
and the Committee is not bound by the rules of law respecting evidence
applicable to judicial proceedings.
(2) For the purposes of an investigation, hearing
or review under this Act, the Registrar, a person appointed by the Infringement
Committee and a member of the Council, the Investigating Committee, the Practice
Review Committee and the Appeals Committee are conferred with the power of a
commissioner for oaths under the Commissioners
for Oaths Act.
1988 cP‑7.1 s61
Witness
62(1) The investigated person and any other person
who, in the opinion of the Investigating Committee, has knowledge of the
complaint or matter being investigated are compellable witnesses in any
proceeding under this Part.
(2) A
witness may be examined under oath on all matters relevant to the investigation
or hearing before the Investigating Committee and shall not be excused from
answering any question on the ground that the answer might tend to
(a) incriminate
the witness,
(b) subject
the witness to punishment under this Act, or
(c) establish
the witness’s liability
(i) to a civil proceeding at the instance of the Crown or of any
other person, or
(ii) to prosecution under any Act,
but if the answer so
given tends to incriminate the witness, subject the witness to punishment or
establish the witness’s liability, it shall not be used or received against the
witness in any civil proceedings, in a prosecution under Part 10 or in any
proceedings under any other Act, except in a prosecution for or proceedings in
respect of perjury or the giving of contradictory evidence.
(3) For the purpose of obtaining the testimony of a
witness who is out of Alberta, a judge of the Court of Queen’s Bench on an
application made ex parte by the College may direct the issuing of a commission
for obtaining the evidence of the witness, and the commission shall be issued
and the evidence taken pursuant to the Alberta
Rules of Court.
1988 cP‑7.1
s62;2000 c15 s7
Notice to attend and
produce records
63(1) The attendance of witnesses before the
Investigating Committee and the production of records may be enforced by a
notice issued by the Registrar requiring the witness to attend and stating the
date, time and place at which the witness is to attend and the records, if any,
that the witness is required to produce.
(2) On
the written request of the investigated person or of the investigated person’s
counsel or agent, the Registrar shall, without charge, issue and deliver to
that person or that person’s counsel or agent any notices that that person
requires for the attendance of witnesses or the production of any record.
(3) A witness, other than the investigated person,
who has been served with a notice to attend or a notice for production under
subsection (1) or (2) is entitled to be paid the same fees in the same manner
as are payable to a witness in an action in the Court of Queen’s Bench.
1988 cP‑7.1 s63
Failure to attend or
give evidence
64(1) Proceedings for civil contempt of court may be
brought against a witness
(a) who
fails
(i) to attend before the Investigating Committee in compliance with a
notice to attend, or
(ii) to produce any records in compliance with a notice to produce
them,
or
(b) who
refuses to be sworn or to answer any question the witness is directed to answer
by the Investigating Committee.
(2) If the witness referred to in subsection (1) is
the investigated person, the witness’s failure or refusal may be held to be
professional or proprietary misconduct.
1988 cP‑7.1 s64
Hearing in absence of
investigated person
65 The Investigating Committee, on proof of
service on the investigated person of the notice of hearing, may
(a) proceed
with the hearing in the absence of the investigated person or the investigated
person’s agent, and
(b) act, decide or report on the matter being
heard in the same way as if the investigated person were in attendance.
1988 cP‑7.1 s65
Findings of
Investigating Committee
66(1) The Investigating Committee may find that the
conduct of an investigated person constitutes neither unskilled practice of
pharmacy nor professional or proprietary misconduct.
(2) The Investigating Committee may find that the
conduct of an investigated person constitutes unskilled practice of pharmacy or
professional misconduct, or both, or proprietary misconduct and shall deal with
the investigated person in accordance with this Part.
1988 cP‑7.1 s66
Orders of Committee
67(1) If the Investigating Committee finds that the
conduct of an investigated person constitutes unskilled practice of pharmacy or
professional misconduct, or both, or proprietary misconduct, the Committee may
make any one or more of the following orders:
(a) reprimand
the investigated person;
(b) suspend
one or more of the certificate of registration, annual certificate, pharmacy
licence or pharmacy certificate, as the case may be, of an investigated person
either generally or from any field of the practice of pharmacy for a stated
period;
(c) suspend
one or more of the certificate of registration, annual certificate, pharmacy
licence or pharmacy certificate, as the case may be, of an investigated person
either generally or from any field of practice until
(i) the investigated person has completed a specified course of
studies or obtained supervised practical experience, or
(ii) the Committee is satisfied as to the competence of the
investigated person generally or in a specified field of practice;
(d) accept
in place of a suspension the investigated person’s undertaking to limit the
investigated person’s practice;
(e) impose
conditions on the investigated person’s entitlement to engage in the practice
of pharmacy either generally or in any field of the practice, including the
conditions that the investigated person
(i) practise under supervision,
(ii) not engage in sole practice,
(iii) not function as a licensee for a specified period,
(iv) permit periodic inspections by a person authorized by the
Committee to carry out inspections,
(v) permit periodic audits of drugs, or
(vi) report to the Committee or the Council on specific matters;
(f) direct
the investigated person to pass a particular course of study or satisfy the
Committee or the Council as to the investigated person’s competence generally
or in a specified field of practice;
(g) direct
the investigated person to satisfy the Committee that a disability or addiction
can be or has been overcome, and suspend one or more of the investigated
person’s certificate of registration, annual certificate, pharmacy licence or
pharmacy certificate, as the case may be, until the Committee is so satisfied;
(h) require
the investigated person to take counselling that, in the opinion of the
Committee, is appropriate;
(i) direct
the investigated person to waive, reduce or repay a fee for services rendered
by the investigated person that, in the opinion of the Committee, were not
rendered or were improperly rendered or in respect of which the fee was
unjustified for any reason;
(j) cancel
one or more of the certificate of registration, annual certificate, pharmacy
licence or pharmacy certificate, as the case may be, of an investigated person;
(k) if
the investigated person is a proprietor, order that no member may engage in the
practice of pharmacy in the pharmacy in which the situation that gave rise to
the matter under investigation occurred, until the Investigating Committee is
satisfied that
(i) the situation that gave rise to the matter under investigation
has been corrected, or
(ii) the standards prescribed in this Act and the regulations have
been met by the pharmacy in which the situation that gave rise to the matter
under investigation occurred.
(2) If
the certificate of registration or an annual certificate of a member is
suspended or cancelled, the member shall not practise pharmacy during the
period of the suspension or cancellation, as the case may be, and any pharmacy
licence or pharmacy certificate issued in the member’s name must be cancelled.
(3) The
Investigating Committee may make any ancillary order that is appropriate or
required in connection with any order mentioned in subsection (1) or may make
any other order that it considers appropriate in the circumstances, including
that
(a) a
further or new investigation be held into any matter,
(b) the
Investigating Committee be convened to hear a complaint without a preliminary
investigation,
(c) a matter be referred to the Practice Review
Committee, or
(d) a
complaint or conduct be referred to any other entity having jurisdiction to
review complaints.
(4) If
the Investigating Committee is satisfied that an investigated person has
contravened an order under subsection (1), it may, without the necessity of a
further hearing,
(a) if
the investigated person is a member, cancel or suspend one or more of the
certificate of registration, annual certificate, pharmacy licence or pharmacy
certificate, as the case may be,
(b) if
the investigated person is a proprietor, order that no member may engage in the
practice of pharmacy in the pharmacy in which the situation that gave rise to
the matter under investigation occurred, for a period of time that the
Investigating Committee considers appropriate, or
(c) make an order under both clauses (a) and
(b).
1988 cP‑7.1 s67
Costs and fines
68(1) The Investigating Committee may, in addition to
or instead of dealing with the conduct of an investigated person in accordance
with section 67, order that the investigated person pay
(a) all
or part of the costs of an investigation, a hearing or an appeal determined in
accordance with the regulations,
(b) if
the investigated person is an individual, a fine not exceeding $10 000 for
each finding of unskilled practice or professional or proprietary misconduct
and $50 000 in the aggregate for all such findings arising out of the
hearing, to the College,
(c) if
the investigated person is not an individual, a fine not exceeding $75 000
for each finding of proprietary misconduct, to the College, or
(d) both
the costs under clause (a) and the fine under clause (b) or (c), as the case
may be,
within the time set by
the order.
(2) If
the person ordered to pay a fine or costs, or both, under subsection (1) fails
to pay the fine or costs within the time ordered, the Investigating Committee
may
(a) if
the person ordered to pay is a member, suspend one or more of the member’s
certificate of registration, annual certificate, pharmacy licence or pharmacy
certificate, as the case may be, and
(b) if
the person ordered to pay is a proprietor of a licensed pharmacy, order that no
member may engage in the practice of pharmacy in the licensed pharmacy in which
the situation that gave rise to the matter under investigation occurred
until the fine or
costs, or both, are paid.
(3) A fine or costs ordered to be paid to the
College under this section are a debt due to the College and may be recovered
by the College by civil action for debt.
1988 cP‑7.1
s68;2000 c15 s7
Written decision
69 The Investigating Committee shall, within
a reasonable time after the conclusion of a hearing, make a written decision on
the matter, which decision shall consist of
(a) a
description of each finding made by it,
(b) the
reasons for each finding made by it, and
(c) a statement of any order made by it.
1988 cP‑7.1 s69
Service of decision and
record of hearing
70(1) The Investigating Committee shall forward to
the Registrar
(a) the
decision, and
(b) the
record of the hearing, consisting of all evidence presented before it,
including
(i) all exhibits,
(ii) all documents, and
(iii) a transcript of all testimony given before it, whether recorded
electronically, mechanically or in handwritten form.
(2) The
Registrar shall, on receiving the decision of the Investigating Committee and
the record referred to in subsection (1),
(a) serve
a copy of the decision on the investigated person and the complainant, if any,
and
(b) provide a copy of the decision to each
member of the Council.
1988 cP‑7.1 s70
Examination of record
71 The investigated person may
examine the record or any part of the record of the proceedings before the
Investigating Committee and hear any recording or examine any mechanical or
handwritten record of evidence given before the Investigating Committee.
1988 cP‑7.1 s71
Rehearing
72 The Investigating Committee
may, if there is new evidence available that was not available or that for good
reason was not presented at the hearing under section 59, rehear any matter
already heard by it under section 59 and, for that purpose, has the same power
and authority and is subject to the same duties as it had and was subject to in
connection with the first hearing.
1988 cP‑7.1 s72
Stay pending appeal
73(1) The decision of the Investigating Committee remains
in effect pending an appeal to the Council unless the Council on application
stays the decision pending the appeal.
(2) The decision of the Council remains in effect
pending an appeal to the Court of Appeal unless the Court on application stays
the decision pending the appeal.
1988 cP‑7.1 s73
Appeal to Council
74(1) An investigated person, a complainant or the
Infringement Committee may appeal to the Council a finding or an order, or
both, of an Investigating Committee.
(2) An
appeal under subsection (1) shall be commenced by a written notice of appeal,
which shall
(a) describe
the finding or order appealed, and
(b) state
the reasons for the appeal.
(3) A
notice of appeal under this section must be served on the Registrar within 30
days after the date on which the decision of the Investigating Committee is
served on the investigated person.
(4) The Registrar shall, on receiving a notice of
appeal under subsection (3), give to each member of the Council and to the
investigated person and the complainant a copy of the notice of appeal and make
available to each member of the Council and to the investigated person and the
complainant a copy of the record of the proceedings before the Investigating
Committee and the decision of the Investigating Committee.
1988 cP‑7.1 s74
Notice of hearing of
appeal
75(1) The Registrar shall, on receiving a notice of
appeal under section 74, cause to be served on the investigated person and the
complainant a notice of hearing of an appeal stating the date, time and place
at which the Council will hear the matters appealed.
(2) The Council shall schedule the hearing of the
appeal on a date within 120 days after the date of service of the notice of
appeal.
1988 cP‑7.1 s75
Powers of Council on
appeal
76(1) The Infringement Committee, the complainant and
the investigated person may appear and be represented by counsel at the hearing
of an appeal before the Council.
(2) The
members of the Investigating Committee who heard the matter and whose decision
is appealed from shall be excluded from participating in or voting on the
matter appealed to the Council.
(3) A
hearing before the Council shall be open to the public unless, in the opinion
of the Council, the interests of any person other than the investigated person
may be detrimentally affected if the hearing is not held in private.
(4) Notwithstanding
this Act, the regulations or the bylaws, the Council may perform its functions
under this Part if it has a quorum of not fewer than 4 members.
(5) The
appeal to the Council shall be founded on the record of the proceedings before
the Investigating Committee and the decision of the Investigating Committee.
(6) Sections
61 to 65 apply to proceedings before the Council.
(7) The
Council on an appeal may
(a) grant
adjournments of the proceedings or reserve the determination of the matters
before it for a future meeting of the Council,
(b) on
granting special leave for that purpose, receive further evidence, and
(c) draw
inferences of fact and make a determination or finding that, in its opinion,
ought to have been made by the Investigating Committee.
(8) The
Council shall, within 90 days from the date of the conclusion of all
proceedings before it, do any of the following:
(a) make
any finding or order that, in its opinion, ought to have been made by the
Investigating Committee,
(b) quash,
vary or confirm the finding or order of the Investigating Committee or
substitute or make a finding or order of its own, or
(c) refer
the matter back to the Investigating Committee for further consideration in
accordance with any direction that the Council may make.
(9) The Council may make an award as to costs under
this Part determined in accordance with the regulations.
1988 cP‑7.1
s76;1992 c29 s4
Written decision
77(1) The Council shall, within 120 days after the
date of the conclusion of the proceedings before it, make a written decision on
the matter and shall forward the decision to the Registrar.
(2) The Registrar shall, on receiving the decision
under subsection (1), serve a copy of the decision on the investigated person,
the complainant and the Infringement Committee.
1988 cP‑7.1 s77
Appeal to Court
78(1) An investigated person may appeal to the Court
of Appeal any finding or order made by the Council under section 76(8).
(2) An
appeal under this section shall be commenced
(a) by
filing a notice of appeal with the Registrar of the Court, and
(b) by
serving a copy of the notice of appeal on the Council
within 30 days from the date on which the decision of the
Council is served on the appellant.
1988 cP‑7.1 s78
Appeal on the record
79 The appeal to the Court of
Appeal shall be founded on the record of the proceedings before the Council and
the decision of the Council.
1988 cP‑7.1 s79
Powers of Court on
appeal
80(1) The Court of Appeal on hearing the appeal may
(a) make
any finding or order that, in its opinion, ought to have been made,
(b) quash,
vary or confirm the decision of the Council or any part of it, or
(c) refer
the matter back to the Council for further consideration in accordance with any
direction of the Court.
(2) The Court of Appeal may make any award as to
the costs of an appeal to it that it considers appropriate.
1988 cP‑7.1 s80
Misrepresentation of
status
81 The conduct of a person who
represents or holds out that the person is registered in a register set out in
section 11(1) and in good standing while the person’s certificate of
registration, annual certificate, pharmacy licence or pharmacy certificate, as
the case may be, is suspended or cancelled constitutes professional misconduct.
1988 cP‑7.1 s81
Employer to recognize
sanctions
82 No employer or other person
shall knowingly require a member to perform a service or undertake any work
that would result in the member’s contravening an order or direction of the
Infringement Committee, the Investigating Committee, the Council or a court of
competent jurisdiction.
1988 cP‑7.1 s82
Notice to employer
83 If the registration of a
member is suspended or cancelled or the practice of a member is ordered to be
limited, the person who is the subject of the suspension, cancellation or
limitation shall forthwith notify the person’s employer of the suspension,
cancellation or limitation.
1988 cP‑7.1 s83
Part 8
General
Service of documents
84 When this Act, the regulations
or the bylaws require that a document or notice be served on any person, the
document or notice is sufficiently served if it is served personally on that
person or sent to that person by single registered mail at the person’s address
last shown on the register or records of the College or, if personal service is
not possible or the College has no business address or other mailing address
for that person, by publishing the document at least twice, not more than a
week apart, in a local newspaper circulating at or near the address last shown
for that person on the register or records of the College.
1988 cP‑7.1
s84;2000 c15 s7
Certificate of Registrar
85 A certificate purporting to be signed by
the Registrar and stating that a named person was or was not, on a specified
day or during a specified period,
(a) a
member,
(b) a
proprietor, or
(c) an
officer of the College or a member of the Council or of a committee or board
established under this Act, the regulations or the bylaws,
shall be admitted in evidence as proof, in the absence of
evidence to the contrary, of the facts stated in it without proof of the
Registrar’s appointment or signature.
1988 cP‑7.1
s85;2000 c15 s7
Protection from
liability
86(1) No action lies against
(a) the
Registrar, a person conducting a preliminary investigation, an inspector, a
member of a committee or board established under this Act, the regulations or
the bylaws, the Council, the College or any person acting on the instructions
of any of them, or
(b) any
member, officer or employee of the College
for anything done by
that person in good faith under this Act, the regulations or the bylaws.
(2) No
action for defamation may be founded on a communication that consists of or
pertains to the conduct of a member if the communication is published to or by
(a) the
College or an officer or employee of the College,
(b) a
member of the Council or of a committee or board established under this Act,
the regulations or the bylaws,
(c) a
person conducting a preliminary investigation, or
(d) a
person acting on the instructions of a person or entity referred to in clauses
(a) to (c),
in good faith in the course of investigating the conduct or
in the course of any proceeding under this Act or the regulations relating to
the conduct.
1988 cP‑7.1
s86;2000 c15 s7
Prohibition re municipal
licence
87 No municipality has the power
to require a member to obtain a licence from the municipality to engage in the
practice of pharmacy.
1988 cP‑7.1 s87
Dispensing generic drugs
88(1) If a prescription refers to a drug or drug
combination by a brand name or a name other than its generic name, the
pharmacist or restricted practitioner who dispenses the prescription may
dispense a drug or drug combination that is the generic or brand name
equivalent of that named in the prescription, unless the prescriber indicates
otherwise
(a) by
designating the name of the manufacturer on the prescription, or
(b) by
specifying in the prescriber’s own original handwriting that no generic or
brand name equivalent may be dispensed.
(2) No action may be commenced against a pharmacist
or licensee for dispensing a drug that is the generic or brand name equivalent
of the drug named in the prescription unless the prescriber has indicated in
accordance with subsection (1) that no drug other than the drug specified in
the prescription may be dispensed.
1988 cP‑7.1
s88;1990 c33 s4
Packaging and labelling
89 Before being dispensed or
offered for sale, all drugs shall be properly packaged and labelled in accordance
with the regulations or any enactment referred to in the Schedules.
1988 cP‑7.1 s89
Standards of practice
90(1) The College may, in accordance with the
procedures set out in the regulations, develop standards for the practice of
pharmacy respecting competency, ethical conduct and the application of
pharmaceutical knowledge and skills.
(2) The
College must circulate all proposed standards to members and the Minister for
comment and review.
(3) The
College shall not enforce standards developed under this section until it has
reviewed and considered the comments received from members and the Minister.
(4) When standards have been developed in
accordance with this section, the College shall send copies of the standards to
members and the Minister.
1992 c29 s4;2000 c15 s7
Part 9
Regulations and Bylaws
Regulations
91(1) The Council may make regulations
(a) establishing
requirements, including character requirements, to be met by applicants for
registration as pharmacists;
(b) prescribing
the time period within which applicants for registration must have completed
the requirements in section 13(a);
(c) prescribing
further conditions to be met before a certificate of registration, an annual
certificate, a pharmacy licence or a pharmacy certificate is issued or renewed;
(d) respecting
the establishment and operation by the Council or a committee designated by the
Council of a compulsory continuing education program for members;
(e) providing
for the evaluation of experience and training requirements for applicants for
registration as members and for the examination of the applicants with respect
to those requirements;
(f) prescribing
qualifications of pharmacy interns and the terms and conditions of internship;
(g) establishing
procedures that the College must follow when developing standards under section
90;
(h) establishing
guidelines and procedures for the inspection of licensed and certified
pharmacies and prescribing the records to be kept by licensees or proprietors
of pharmacies;
(i) prescribing
the records to be kept by pharmacists;
(j) regarding
the use of computers in the practice of pharmacy in all pharmacies except
publicly funded pharmacies;
(k) governing
the nature or contents of advertising, if any, that may or may not be permitted;
(l) establishing
classes or categories of restricted practitioners for the purposes of section
11(1)(b) and prescribing rights and duties of restricted practitioners;
(m) prescribing
restrictions, conditions or limitations on the practice of pharmacy by
restricted practitioners;
(n) establishing
classes or categories of non‑practising members for the purposes of
section 11(1)(c) and prescribing rights and duties of non‑practising
members;
(o) respecting
the establishment, contents and maintenance of registers under section 11(1);
(p) respecting
the removal from the registers of any memorandum or entry made in them under
this Act or the regulations;
(q) providing
for additional duties and functions of inspectors and the Registrar;
(r) respecting
the procedures for hearings, inquiries, reviews and preliminary investigations
by the Infringement Committee or a person appointed by the Infringement
Committee, the Investigating Committee, the Practice Review Committee, the
Council and the Appeals Committee in matters relating to the conduct or
practice of members or proprietors whether or not a complaint has been made;
(s) respecting
the costs payable on the conclusion of an investigation, hearing or appeal
before the Investigating Committee or the Council;
(t) respecting
reviews of the practice of a member by the Practice Review Committee or a
person authorized by that Committee;
(u) respecting
registration procedures;
(v) governing
the publication of a notice of the suspension or cancellation of a certificate
of registration, annual certificate, pharmacy licence or pharmacy certificate
or of any other decision under Part 7 in a form and manner prescribed by the
Council;
(w) respecting
the conditions to be met by a person whose certificate of registration, annual
certificate, pharmacy licence or pharmacy certificate has been suspended or
cancelled under this Act and who is applying for reinstatement under Part 5 and
respecting committees of inquiry for reinstatement under Part 5;
(x) respecting
the conditions under which the name of a person whose certificate of
registration, annual certificate, pharmacy licence or pharmacy certificate has
been suspended or cancelled may be reinstated in a register and the conditions
under which a certificate of registration, annual certificate, pharmacy licence
or pharmacy certificate may be reissued;
(y) requiring
members and proprietors to maintain a business address or other mailing address
in Alberta and to inform the Registrar in writing within a prescribed period of
that address and of any change in that address;
(z) prescribing
the period during which a pharmacy may continue to operate pursuant to section
24 or 25, as the case may be;
(aa) providing
for the renewal of a pharmacy licence or pharmacy certificate;
(bb) respecting
requirements that apply to the identification of a licensed pharmacy;
(cc) prescribing
health related products that may be displayed for sale in the professional
products department of a licensed pharmacy;
(dd) prescribing
further conditions on the sale of drugs included in Schedule 1;
(ee) prescribing
further conditions that must be met by a person who engages in the practice of
pharmacy under section 2(4)(e);
(ff) prescribing
the manner in which drugs are to be packaged and labelled;
(gg) prescribing
compounding and dispensing equipment and prescribing the minimum pharmaceutical
reference library required by all pharmacies except publicly funded pharmacies;
(hh) prescribing
a date for the purposes of section 20(1);
(ii) prescribing
the circumstances in which a pharmacist may be absent from a pharmacy for the
purposes of sections 26(1)(c) and 31(1)(c).
(2) Pharmacists
comprising at least 10% of the membership of the College may at any time
petition the Council to consider the making, amendment or repeal of a
regulation under subsection (1), and the Council shall give the petitioners an
opportunity to make representations to the Council concerning the petition
through legal counsel or some other representative.
(3) A
regulation under subsection (1) does not come into force unless it is approved
by
(a) a
majority of members of the College
(i) present and voting at a general meeting, or
(ii) voting in a mail vote conducted in accordance with the bylaws,
and
(b) the Lieutenant Governor in Council.
1988 cP‑7.1
s90;1992 c29 s4;1999 c26 s17;2000 c15 s7
Bylaws
92(1) The Council may make bylaws
(a) for
the government of the College and the management and conduct of its affairs;
(b) determining
the location of the head office of the College;
(c) respecting
the calling of and conduct of meetings of the College and the Council;
(d) respecting
the nomination, election and number of Council members and officers of the
College, the filling of vacancies on the Council and any committee or board
established by the Council and the appointment of members by virtue of their
offices of the Council and of any committee or board established by the
Council, and prescribing the term of office and the duties and functions of
those members, officers and members by virtue of their offices;
(e) providing
for the procedures for the election of pharmacists to the Council and the
nomination of members of the public for appointment to the Council by the
Minister;
(f) providing
for the division of Alberta into districts and prescribing the number of
Council members to be elected from each district;
(g) providing
for the term of office of the Registrar and the appointment of an individual as
an Acting Registrar who has all of the powers, duties and functions of the
Registrar under this Act and the regulations when the Registrar is absent or
unable to act or when there is a vacancy in the office of Registrar;
(h) governing
the number of members that constitutes a quorum at meetings of the College and
the Council;
(i) providing
for the appointment of members of the Registration Committee;
(j) governing,
subject to this Act, the operation, proceedings and quorum of the Investigating
Committee and the Practice Review Committee, the designation of chairs and vice‑chairs,
the appointment of acting members and members by virtue of their offices and
the procedures for filling vacancies, and prescribing the terms of office,
duties and functions of members by virtue of their offices;
(k) setting
fees and expenses payable to members of the Council or of committees or boards
established under this Act, the regulations or the bylaws for attending to the
business of the College;
(l) respecting
the establishment of and payment of sums of money for scholarships, fellowships
and any other educational incentive or benefit programs that the Council
considers appropriate;
(m) respecting
the fees, dues and levies payable by members to the Registrar or to the College
or a person designated by the College by bylaw to receive those payments;
(n) respecting
the annual fee payable to the College in respect of a pharmacy licence and
pharmacy certificate;
(o) governing
the publication of the names of applicants approved by the Registrar for
registration as members of the College;
(p) authorizing
the Council to prescribe the form of a certificate of registration, an annual
certificate, a pharmacy licence, a pharmacy certificate and any other form or
document that may be required for the purposes of this Act, the regulations or
the bylaws;
(q) respecting
the holding of votes by mail or any other method on any matter relating to the
College;
(r) governing
the establishment, operation and proceedings of committees or boards, the
appointment and revocation of members and acting members of those committees or
boards and the procedures for filling vacancies on those committees or boards;
(s) providing
for the delegation of any power or duty of the Council under this Act, the
regulations or the bylaws, with or without conditions, to a committee
established by the Council, except the power to make, amend, repeal or suspend
a regulation or bylaw of the Council;
(t) governing
the establishment, operation and proceedings of societies or chapters of the
College;
(u) setting
the date on which an annual certificate expires;
(v) establishing
and providing for the publishing of a code of ethics respecting the practice of
pharmacy, the maintenance of the dignity and honour of the profession of
pharmacy and the protection of the public interest;
(w) adding
to or deleting from the minimum pharmaceutical reference library required under
the regulations the name of a particular book, periodical or journal.
(2) Pharmacists
comprising at least 10% of the membership of the College may at any time
petition the Council to consider the making, amendment or repeal of a bylaw
under subsection (1), and the Council shall give the petitioners an opportunity
to make representations to the Council concerning the petition through legal
counsel or some other representative.
(3) A
bylaw under subsection (1) does not come into force unless it is approved by a
majority of members of the College
(a) present
and voting at a general meeting, or
(b) voting
in a mail vote conducted in accordance with the bylaws.
(4) The Regulations
Act does not apply to bylaws of the College.
1988 cP‑7.1
s91;2000 c15 s7
Lieutenant Governor in
Council regulations
93(1) The Lieutenant Governor in Council may, after
consultation with the Council, make regulations
(a) designating
a drug as a drug in Schedule 1, 2 or 3, and
(b) removing
a drug from Schedule 1, 2 or 3.
(2) If
a list in an enactment of Alberta or of another jurisdiction, or a code,
standard or list published by an organization, designates drugs, and copies of
the enactment, code, standard or list are readily available and the Minister
has consulted with the Council, the Lieutenant Governor in Council may, by
regulation, declare the list in the enactment or the code, standard or list to
be in force in whole or in part or with any variations that the Lieutenant
Governor in Council specifies in addition to or instead of a regulation under
subsection (1).
(3) Notwithstanding
subsections (1) and (2), a regulation under this section with respect to a drug
described in section 2(1)(a), (b) or (c) of Schedule 1 is invalid.
(4) If a regulation under subsection (2) purports
to add a drug to Schedule 2 or 3 that is not currently a drug in Schedule 1, 2
or 3, the regulation is invalid with respect to the purported addition.
1988 cP‑7.1 s92;1999
c26 s17
Part 10
Prohibitions and Penalties
Practice prohibitions
94(1) A person whose certificate of registration or
annual certificate is cancelled or suspended under this Act or any predecessor
of this Act shall not, without the consent of the Council, practise pharmacy or
directly or indirectly associate in the practice of pharmacy with a person
permitted under this Act to engage in the practice of pharmacy.
(2) No
person permitted under this Act to engage in the practice of pharmacy shall,
except with the consent of the Council, engage in the practice of pharmacy
directly or indirectly with, employ, or be employed by, a person whose
registration is cancelled or suspended.
(3) If
the Council permits a member or proprietor to associate with, employ or be
employed by a person whose registration has been cancelled or suspended under
this Act, the association or employment shall be in the capacity and subject to
the terms and conditions prescribed by the Council.
(4) It is an offence for a person to procure or
attempt to procure a certificate of registration, annual certificate, pharmacy
licence or pharmacy certificate by making a fraudulent statement, either verbal
or written, and a person who authorizes, permits or acquiesces in the offence
is also guilty of the offence.
1988 cP‑7.1 s93
Penalties
95(1) Every individual and every officer, employee or
agent of a corporation who contravenes this Act is guilty of an offence and
liable
(a) for
a first offence, to a fine of not more than $2000,
(b) for
a 2nd offence, to a fine of not more than $4000, and
(c) for
a 3rd and every subsequent offence, to a fine of not more than $6000 or to
imprisonment for a term of not more than 6 months or to both fine and
imprisonment.
(2) Every
corporation that contravenes this Act is guilty of an offence and liable
(a) for
a first offence, to a fine of not more than $5000,
(b) for
a 2nd offence, to a fine of not more than $10 000, and
(c) for
a 3rd and every subsequent offence, to a fine of not more than $50 000.
(3) A prosecution under this section may be
commenced within 2 years after the commission of the alleged offence, but not
afterwards.
1988 cP‑7.1 s94
Liability of proprietor
and licensee
96 A prosecution or conviction of
either the proprietor or the licensee of a licensed pharmacy is not a bar to
the prosecution or conviction of the other.
1988 cP‑7.1 s95
