4 Provisional
register
5 Equivalent
jurisdiction
6 Substantial
equivalence
7 Courtesy
register applications
8 Examination
attempts
9 Student
register
10 Structured practical training program
11 Good character
and reputation
12 English language requirements
13 Liability
insurance
14 Citizenship
Titles and Abbreviations
15 Authorization to use titles, etc.
Restricted Activities
16 Clinical pharmacists
17 Provisional
pharmacists
18 Courtesy pharmacists
19 Student
pharmacists
20 Conditions on
restricted activities
21 Pharmacy technicians
22 Pharmacy employees
23 Supervision rules
Continuing Competence
24 Continuing competence program
25 Continuing professional development
26 Competence assessment
27 Practice visits
28 Program rules
29 Rule
distribution
30 Actions to be
taken
31 Members
responsible for costs
Practice Permit
Renewal
32 Applying for renewal
Alternative Complaint
Resolution
33 Process conductor
34 Agreement
35 Confidentiality
36 Leaving the
process
Reinstatement
37 Application under Part 4 of Act
38 Review of
application
39 Review of
decision
40 Access to
decision
Information
41 Providing information
42 Section 119
information
Transitional
Provisions, Repeals and
Coming into Force
43 Transitional provisions
44 Repeals
45 Coming into
force
Definitions
1 In this Regulation,
(a) “Act”
means the Health Professions Act;
(b) “clinical
pharmacist” means a regulated member registered in the clinical register
category of the regulated members register;
(c) “College”
means the Alberta College of Pharmacists;
(d) “Competence
Committee” means the competence committee of the College;
(e) “Complaints
Director” means the complaints director of the College;
(f) “Council”
means the council of the College;
(g) “courtesy
pharmacist” means a regulated member registered in the courtesy register
category of the regulated members register;
(h) “direct
supervision” means direct supervision as described in section 23;
(i) “drug”
means a drug as defined in the Pharmacy and Drug Act;
(j) “health
professional” means a member of a profession that provides health services;
(k) “Hearing
Tribunal” means the hearing tribunal of the College;
(l) “Hearings
Director” means the hearings director of the College;
(m) “indirect
supervision” means indirect supervision as described in section 23;
(n) “Pharmacists’
Standards of Practice” means the standards of practice of pharmacy adopted by
the College under section 133 of the Act;
(o) “pharmacy”
means a licensed pharmacy and an institution pharmacy, as defined in the Pharmacy
and Drug Act;
(p) “pharmacy
technician” means an individual who has successfully completed a pharmacy
technician program recognized by the Council and who is registered in the
pharmacy technician register provided for in the bylaws;
(q) “provisional
pharmacist” means a regulated member registered in the provisional register
category of the regulated members register;
(r) “Registrar”
means the registrar of the College;
(s) “Schedule
1 drug” means a Schedule 1 drug within the meaning of the Pharmacy and Drug
Act;
(t) “Schedule
2 drug” means a Schedule 2 drug within the meaning of the Pharmacy and Drug
Act;
(u) “Standards
for the Operation of a Licensed Pharmacy” means the standards for the operation
of a licensed pharmacy adopted by the College under section 29.1 of the Pharmacy
and Drug Act;
(v) “structured
practical training program” means a training program described in section 10;
(w) “student
pharmacist” means a regulated member of the College registered in the student
register category of the regulated members register.
Register categories
2 The regulated members register
established by the Council under section 33(1)(a) of the Act has the following
categories:
(a) clinical
register;
(b) provisional
register;
(c) courtesy
register;
(d) student
register.
Registration
Clinical register
3(1) An
applicant for registration as a regulated member on the clinical register must
(a) have
received a baccalaureate degree in pharmacy from a pharmacy program approved by
the Council,
(b) have
successfully completed a structured practical training program, and
(c) have
successfully passed the registration and the ethics and jurisprudence
examinations approved by the Council.
(2) An applicant
(a) must
have completed the requirements set out in subsection (1)(b) and (c) within the
one‑year period ending immediately before the applicant submits a
complete application, or
(b) must
demonstrate to the satisfaction of the Registrar that the applicant is
currently competent to practise pharmacy.
(3) For the purpose of subsection
(2)(b), the Registrar may require the applicant to do one or more of the
following:
(a) successfully
complete coursework and examinations;
(b) undergo
an evaluation of competencies;
(c) complete
an additional structured practical training program.
(4) For
the purpose of subsection (3), the Registrar may register an applicant on the
provisional register.
Provisional register
4(1) An
applicant for registration as a regulated member on the clinical register may
be registered initially on the provisional register if the applicant has
successfully completed all the requirements for the granting of a baccalaureate
degree in pharmacy from a pharmacy program approved by the Council and the
applicant
(a) has
applied to write the registration examination or the ethics and jurisprudence
examination approved by the Council,
(b) has
written and is awaiting the results of the registration examination or the
ethics and jurisprudence examination approved by the Council, or
(c) is
carrying out a structured practical training program.
(2) An
applicant may be registered on the provisional register under section 3, 5 or
6.
(3) If a provisional pharmacist does not
meet the requirements for registration on the clinical register within 2 years
of the date of registration as a provisional pharmacist, the Registrar must
remove the provisional pharmacist’s name from the provisional register.
(4) Despite subsection (3), the
Registrar may, on application by the provisional pharmacist, extend the 2‑year
period in subsection (3) if the Registrar is satisfied that there are
extenuating circumstances.
Equivalent
jurisdiction
5(1) An
applicant for registration as a regulated member on the clinical register who
is currently registered as a pharmacist in good standing in another
jurisdiction recognized by the Council under section 28(2)(b) of the Act as
having substantially equivalent registration requirements and who successfully
completes the ethics and jurisprudence examination approved by the Council may
be registered on the clinical register.
(2) The Registrar may register an
applicant under subsection (1) who has applied to write or has written and is
awaiting the results of an examination referred to in subsection (1) on the
provisional register.
Substantial
equivalence
6(1) An
applicant for registration as a regulated member on the clinical register who
does not meet the requirements of section 3(1) and (2) but whose qualifications
have been determined by the Registrar under section 28(2)(c) of the Act to be
substantially equivalent to the registration requirements set out in section
3(1) and (2) may be registered on the clinical register.
(2) In determining whether an
applicant’s qualifications are substantially equivalent under subsection (1),
the Registrar may require the applicant to undergo examination, testing and
assessment activities and to successfully pass the ethics and jurisprudence
examination approved by the Council.
(3) For the determination under
subsection (2), the Registrar may use the services of experts and other resources
to assist with the examination, testing and assessment activities.
(4) The Registrar may require an
applicant to pay all the costs incurred under subsections (2) and (3).
(5) The Registrar may direct the
applicant to undergo any education or training activities the Registrar may
consider necessary in order for the applicant to be registered, including but
not restricted to completion of a structured practical training program.
(6) The Registrar may register an
applicant under subsection (1) on the provisional register for the purpose of
assessing whether the applicant’s qualifications are substantially equivalent
to the registration requirements set out in section 3(1) and (2).
(7) The
Registrar may request any further information and evidence that the Registrar
considers necessary in order to assess an application under this section.
Courtesy register
applications
7(1) An
individual who is registered as a pharmacist in good standing in another
jurisdiction and who requires registration in Alberta on a temporary basis for
a specified purpose may apply to be registered on the courtesy register.
(2) The
Registrar may register an applicant under subsection (1) on the courtesy
register for a period of time specified by the Registrar if
(a) the
specified purpose is approved by the Registrar, and
(b) the
Registrar is satisfied of the applicant’s competence to provide the services
related to the specified purpose safely and effectively.
(3) The Registrar may require an
applicant for registration on the courtesy register to successfully pass the
ethics and jurisprudence examination.
(4) A
courtesy pharmacist must maintain his or her registration in the other
jurisdiction while registered on the courtesy register.
Examination attempts
8(1) Subject
to subsection (2), an applicant for registration as a regulated member may
attempt the registration examination and the ethics and jurisprudence
examination only 3 times each.
(2) An applicant who fails the
registration examination or the ethics and jurisprudence examination 3 times
may apply to the Registrar for permission for one final attempt.
(3) The Registrar may require an
applicant under subsection (2)
(a) to
successfully complete coursework and examinations, and
(b) to
complete an additional period of structured practical training.
Student register
9 An applicant for registration as a
regulated member on the student register must
(a) be
registered in a university program approved by the Council, and
(b) undertake
to engage in the practice of pharmacy as part of a structured practical
training program.
Structured practical
training program
10(1) The
Council must make rules governing the structured practical training program,
including rules relating to
(a) the
competencies to be acquired,
(b) the
structure, duration and organization of the program,
(c) evaluation
mechanisms, processes and requirements for successful completion of the
program, and
(d) any
other matter directly related to the structured practical training program.
(2) A structured practical training
program must take place
(a) at
a pharmacy or other facility approved by the Registrar, and
(b) under
the preceptorship of a clinical pharmacist approved by the Registrar.
(3) Despite subsection (2)(b), the
Registrar may approve a preceptorship by an individual who is not a clinical
pharmacist if the Registrar is satisfied that the individual has the training,
skills and experience necessary to teach the practice of pharmacy.
Good character and
reputation
11(1) An
applicant for registration as a regulated member must provide evidence to the
Registrar of having good character and reputation.
(2) To comply with subsection (1), an
applicant must submit any one or more of the following, on the request of the
Registrar:
(a) a
statement by the applicant as to whether the applicant
(i) is currently undergoing an investigation, alternative complaint
resolution process, hearing or appeal related to unprofessional conduct under
Part 4 of the Act, under the Pharmacy and Drug Act or any other enactment
that regulates a profession, or
(ii) has previously been disciplined by another regulatory body
responsible for the regulation of pharmacists or of another profession;
(b) the
results of a criminal records check;
(c) a
statement as to whether the applicant has ever pleaded guilty or has been found
guilty of a criminal offence in Canada or an offence of a similar nature in a
jurisdiction outside Canada for which the applicant has not been pardoned;
(d) any
other relevant evidence as required.
(3) If an applicant has engaged in an
activity that has, in the opinion of the Registrar, undermined the applicant’s
good character and reputation in the past, the applicant may provide evidence
to the Registrar of rehabilitation.
(4) The Registrar may also consider
information other than that provided by the applicant in determining whether
the applicant is of a good character and reputation, but if the Registrar
considers that information, the Registrar must give the applicant sufficient
particulars of that information to allow the applicant to respond to that
information.
English language
requirements
12(1) An
applicant for registration as a regulated member must be sufficiently
proficient in English to be able to engage safely and competently in the practice
of pharmacy.
(2) An applicant may be required by the
Registrar to demonstrate proficiency in the English language in accordance with
the requirements approved by the Council.
Liability insurance
13(1) An
applicant for registration as a regulated member must provide evidence of
having the type and amount of professional liability insurance required by the
Council.
(2) The Council may set the amount and
type of insurance required based on the category of register on which the
applicant is registered.
Citizenship
14(1) Subject
to subsection (2), an applicant for registration as a regulated member must
provide evidence that
(a) the
applicant is a Canadian citizen, or
(b) is
lawfully admitted to and entitled to work in Canada.
(2) In the case of an applicant under
section 9, the applicant must provide evidence that
(a) the
applicant is a Canadian citizen, or
(b) is
lawfully admitted to and entitled to study in Canada.
Titles and Abbreviations
Authorization to use
titles, etc.
15(1) A
clinical pharmacist may use the following titles, abbreviations and initials:
(a) pharmacist;
(b) clinical
pharmacist;
(c) pharmaceutical
chemist;
(d) druggist;
(e) apothecary;
(f) registered
pharmacist;
(g) Ph.C.;
(h) R.Ph.
(2) A provisional pharmacist may use the
titles pharmacy intern and pharmacist intern.
(3) A courtesy pharmacist may use the
following titles, abbreviations and initials:
(a) pharmacist;
(b) pharmaceutical
chemist;
(c) druggist;
(d) apothecary;
(e) registered
pharmacist;
(f) Ph.C.;
(g) R.Ph.
(4) A student pharmacist may use the
titles pharmacy student and pharmacist student.
(5) A
clinical pharmacist and a courtesy pharmacist with an earned doctoral degree in
pharmacy or a related area recognized by the Council may use the title doctor
or the abbreviations Pharm.D. and Dr. in conjunction with the practice of
pharmacy.
(6) A
clinical pharmacist may use the title specialist if the clinical pharmacist
(a) meets
the requirements established by Council for the use of the title specialist, and
(b) is
authorized by the Registrar to use that title.
(7) The
Registrar must indicate an authorization under subsection (6) on the clinical
register.
(8) The Registrar may impose conditions
on an authorization issued under subsection (6)(b).
Restricted Activities
Clinical pharmacists
16(1) A
clinical pharmacist is authorized to perform, within the practice of pharmacy
and in accordance with the Pharmacists’ Standards of Practice, the following
restricted activities:
(a) to
dispense, compound, provide for selling or sell a Schedule 1 drug or Schedule 2
drug;
(b) to
administer a vaccine or parenteral nutrition;
(c) to
compound blood products;
(d) to
insert or remove instruments, devices or fingers
(i) beyond the anal verge, and
(ii) beyond the labia majora;
(e) to
prescribe a Schedule 1 drug for the purpose of adapting an existing
prescription;
(f) to
prescribe blood products for the purpose of adapting an existing prescription;
(g) to
prescribe a Schedule 1 drug if
(i) it is not reasonably possible for the patient to see a health
professional to obtain the prescription, and
(ii) there is an immediate need for drug therapy;
(h) to
prescribe blood products if
(i) it is not reasonably possible for the patient to see a health
professional to obtain the prescription, and
(ii) there is an immediate need for blood products.
(2) In subsection (1), “adapting an
existing prescription” means
(a) altering
the dosage, formulation or regimen for a Schedule 1 drug that has been
prescribed for a patient;
(b) substituting
another drug for a prescribed Schedule 1 drug if the substituted drug is
expected to deliver a therapeutic effect that is similar to the therapeutic
effect of the prescribed drug;
(c) substituting
a generic drug for the prescribed drug;
(d) renewing
a prescription to dispense a Schedule 1 drug or blood product to ensure
continuity of care.
(3) Subject to subsection (4), a
clinical pharmacist is authorized to perform, within the practice of pharmacy
and in accordance with the Pharmacists’ Standards of Practice, the restricted
activities of prescribing a Schedule 1 drug and prescribing blood products if
the clinical pharmacist
(a) has
provided evidence satisfactory to the Registrar of having successfully
completed the Council requirements to prescribe Schedule 1 drugs and blood
products, and
(b) has
received notification from the Registrar that the authorization is indicated on
the clinical register.
(4) A clinical pharmacist authorized
under subsection (3) may prescribe a Schedule 1 drug or blood products only if
the clinical pharmacist
(a) has
determined that a Schedule 1 drug or blood products are appropriate for the
patient through an assessment of the patient,
(b) has
received a recommendation that the patient receive drug therapy from a health
professional who is authorized to prescribe a Schedule 1 drug or blood
products, or
(c) has
determined in consultation with or has determined in conjunction with a health
professional that a Schedule 1 drug or blood products are appropriate for the
patient.
(5) A clinical pharmacist is authorized
to perform, within the practice of pharmacy and in accordance with the
Pharmacists’ Standards of Practice, the restricted activity of administering
anything by an invasive procedure on body tissue below the dermis or the mucous
membrane for the purpose of administering subcutaneous or intramuscular
injections if the clinical pharmacist
(a) has
provided evidence satisfactory to the Registrar of having successfully
completed the Council requirements for the administration of injections, and
(b) has
received notification from the Registrar that the authorization is indicated on
the clinical register.
Provisional
pharmacists
17(1) A
provisional pharmacist is authorized to perform, within the practice of
pharmacy and in accordance with the Pharmacists’ Standards of Practice, the
restricted activities referred to in section 16 under the supervision of a
clinical pharmacist or courtesy pharmacist.
(2) The
supervision under subsection (1) may be either direct supervision or indirect
supervision, as the supervising clinical pharmacist or courtesy pharmacist
considers appropriate to ensure the safe and effective performance of the
restricted activity.
Courtesy pharmacists
18 A courtesy pharmacist is authorized to
perform, within the practice of pharmacy and in accordance with the
Pharmacists’ Standards of Practice, the restricted activities referred to in
section 16(1) if the restricted activity is directly related to the purpose for
which the regulated member is registered on the courtesy register.
Student pharmacists
19(1) A
student pharmacist is authorized to perform, within the practice of pharmacy,
in accordance with the Pharmacists’ Standards of Practice and within the rules
of the structured practical training program, the restricted activities
referred to in section 16 under the supervision of a clinical pharmacist or a
courtesy pharmacist.
(2) The supervision under subsection (1)
may be either direct supervision or indirect supervision, as the supervising
clinical pharmacist or a courtesy pharmacist considers appropriate to ensure
the safe and effective performance of the restricted activity.
Conditions on
restricted activities
20 Despite sections 16 to 19, regulated
members referred to in those sections must restrict themselves in performing
restricted activities to those activities that they are competent to perform
and to those that are appropriate to the regulated member’s area of practice
and the procedure being performed.
Pharmacy technicians
21 A pharmacy technician employed in a
pharmacy is permitted to perform in that pharmacy the following restricted
activities with the consent of and under the indirect supervision of a clinical
pharmacist or a courtesy pharmacist practising in the same pharmacy:
(a) to
compound a Schedule 1 drug or a Schedule 2 drug;
(b) to
compound blood products.
Pharmacy employees
22 An individual employed in a pharmacy is
permitted to perform in that pharmacy the following restricted activities with
the consent of and under the direct supervision of a clinical pharmacist or a
courtesy pharmacist practising in the same pharmacy:
(a) to
compound, provide for selling or sell a Schedule 1 drug or Schedule 2 drug;
(b) to
compound blood products.
Supervision rules
23 (1) A
regulated member who consents to provide direct supervision under this
Regulation must
(a) be
authorized to perform the restricted activity being supervised,
(b) be
authorized to supervise the performance of the restricted activity being
supervised,
(c) be
satisfied that the individual to be supervised is authorized or permitted to
perform the restricted activity under the direct supervision of the regulated
member,
(d) ensure
that the individual who is supervised complies with the Pharmacists’ Standards
of Practice,
(e) be
present when the supervised individual is performing the restricted activity,
and
(f) be
able to observe and promptly intervene and stop or change the actions of the
individual who is under supervision.
(2) A regulated member who consents to
provide indirect supervision under this Regulation must
(a) be
authorized to perform the restricted activity being supervised,
(b) be
authorized to supervise the performance of the restricted activity being
supervised,
(c) be
satisfied that the individual who is supervised is authorized or permitted to
perform the restricted activity under the indirect supervision of the regulated
member,
(d) ensure
that the individual who is supervised complies with the Pharmacists’ Standards
of Practice,
(e) have
procedures in place
(i) that comply with the Pharmacists’ Standards of Practice and the
Standards for the Operation of a Licensed Pharmacy, and
(ii) that ensure the safety and integrity of the dispensing or
compounding of drugs by the individual who is under supervision,
(f) ensure
that the procedures described in clause (e) are complied with by the individual
who is being indirectly supervised, and
(g) be
readily available for consultation by the individual who is under supervision
and, if advisable, for providing hands‑on assistance to the individual.
(3) Despite subsections (1) and (2), a
regulated member
(a) shall
not consent to supervise any individual performing a restricted activity if the
regulated member is not satisfied that the individual will perform the
restricted activity safely and effectively, and
(b) is
not required to consent to supervise even though all the requirements of this
Regulation are complied with.
Continuing Competence
Continuing competence
program
24 The continuing competence program of the
College comprises
(a) continuing
professional development,
(b) competence
assessment, and
(c) practice
visits.
Continuing
professional development
25(1) Each
clinical pharmacist must undertake continuing professional development by
(a) undertaking
learning activities in accordance with the rules under section 28, and
(b) taking
programs or courses required by the rules under section 28.
(2) Each clinical pharmacist must
(a) keep
records, in a form satisfactory to the Competence Committee, of the activities
that the clinical pharmacist undertakes for the purpose of continuing
professional development, and
(b) provide,
on the request of and in accordance with the directions of the Competence
Committee, copies of the records referred to in clause (a).
Competence assessment
26(1) The
Competence Committee may require a clinical pharmacist to undergo an assessment
for the purpose of evaluating the clinical pharmacist’s competence.
(2) For the purpose of an assessment under
subsection (1), the Competence Committee may use any one or more of the
following processes:
(a) examinations;
(b) a
review of the records described in section 25(2)(a);
(c) evaluation
of a professional portfolio;
(d) interviews;
(e) any
other type of evaluation required by the Competence Committee.
Practice visits
27 The Competence Committee is authorized to
carry out practice visits and may, for the purpose of assessing continuing
competence, select individuals or groups of clinical pharmacists for practice
visits based on criteria approved by the Council.
Program rules
28 The Council must make rules governing the
operation of the continuing competence program, including but not restricted to
the following:
(a) the
professional development activities for which program credits may be earned;
(b) the
number of program credits required within a specified period of time;
(c) the
number of program credits that may be earned for each professional activity;
(d) the
type and category of professional development activities that a regulated
member must undertake in a one‑year period;
(e) the
approval of program and learning activities for the purpose of earning
continuing competence credits;
(f) the
limitation of the number of professional development activities within a
specific category for which a member may earn credits;
(g) the
requirements of a professional portfolio;
(h) the
records referred to in section 25(2)(a) and providing the records in accordance
with the directions of the Competence Committee;
(i) audits
of a regulated member’s records referred to in section 25(2)(a);
(j) approving
programs and courses required to be taken as part of continuing professional
competence;
(k) how
competence assessments are to be conducted;
(l) the
selection of clinical pharmacists for competence assessments;
(m) respecting
the minimum acceptable performance level for competence assessments.
Rule distribution
29 The rules and any amendments to the rules
under section 28 must be made available by the College
(a) on
the website of the College, and
(b) in
printed form on request to any regulated member or applicant for registration
as a regulated member.
Actions to be taken
30 If a review of the records referred to in
section 25(2)(a), a competence assessment under section 26 or a practice visit
is unsatisfactory or a regulated member or a group of regulated members fails
to comply with the rules under section 28, the Competence Committee may direct
a regulated member or group of regulated members to undertake any one or more
of the following actions within the time period, if any, specified by the
Competence Committee:
(a) successful
completion of continuing competence requirements or professional development
activities;
(b) successful
completion of any examinations, testing, assessment, training, education or
counselling to enhance competence in specified areas;
(c) to
practice under the supervision of another regulated member;
(d) limitation
of practice to specified procedures or practice settings;
(e) to
report to the Competence Committee on specified matters on specified dates;
(f) to
refrain from supervising the practice of pharmacy;
(g) correction
of any problems identified in the practice visit;
(h) demonstration
of competence gained in a specific area.
Members responsible
for costs
31(1) Any
action that a regulated member or group of regulated members must undertake in
response to a direction by the Competence Committee under section 30 is
undertaken at the cost of the member.
(2) If
the College provides services to facilitate compliance with any direction by
the Competence Committee under section 30, the member is responsible for
reimbursing the College for the costs as determined by the Competence
Committee.
Practice Permit Renewal
Applying for renewal
32 Regulated members applying for renewal of
their practice permit must
(a) provide
any of the information specified in sections 11 to 14 at the request of the
Registrar, and
(b) meet
the requirements of the continuing competence program.
Alternative Complaint
Resolution
Process conductor
33 When a complainant and an investigated
person have agreed to enter into an alternative complaint resolution process,
the Complaints Director must appoint an individual to conduct the alternative
complaint resolution process.
Agreement
34 The individual conducting the alternative
complaint resolution process must, in consultation with the complainant and the
investigated person, establish the procedures for and objectives of the
alternative complaint resolution process, which must be set out in writing and
signed by the complainant, the investigated person and the representative of
the College.
Confidentiality
35 The complainant and the investigated
person must, subject to sections 59 and 60 of the Act, agree to treat all
information shared during the process as confidential.
Leaving the process
36 The complainant or the investigated
person may withdraw from the alternative complaint resolution process at any
time.
Reinstatement
Application under Part
4 of Act
37(1) A
person whose registration and practice permit have been cancelled under Part 4
of the Act may apply in writing to the Registrar to have the registration and
practice permit reinstated.
(2) An
application under subsection (1) must
(a) not
be made earlier than at least 3 years after the date of the cancellation, and
(b) not
be made more frequently than once in each 12‑month period following a
refusal of an application under section 38(3)(a).
(3) An
applicant under subsection (1) must provide evidence to the Registrar of
qualifications for registration.
(4) An
applicant under subsection (1) must pay any outstanding fees, costs or
penalties and must pay a reinstatement fee as set out in the bylaws before the
Competence Committee considers the application.
Review of application
38(1) An
application under section 37 must be reviewed by the Competence Committee.
(2) When
reviewing an application under section 37, the Competence Committee must
(a) consider
(i) the record of the hearing at which the applicant’s registration
and practice permit were cancelled, and
(ii) any recommendation of the Registrar,
and
(b) consider
whether
(i) the applicant meets the current requirements for registration,
(ii) any conditions imposed at the time the applicant’s permit and
registration were cancelled have been met, and
(iii) the applicant is fit to practise pharmacy and does not pose a
risk to public safety or to the integrity of the profession.
(3) The
Competence Committee on reviewing an application may make any one or more of
the following orders:
(a) an
order denying the application;
(b) an
order directing the Registrar to reinstate the person’s registration and
practice permit;
(c) an
order directing the Registrar to impose specified conditions on the person’s
practice permit.
Review of decision
39(1) An
applicant whose application is denied or on whose practice permit conditions
have been imposed under section 38 may apply to the Council for a review of the
decision of the Competence Committee.
(2) Sections
31 and 32 of the Act apply to a review under subsection (1).
Access to decision
40(1) The
Competence Committee, under section 38, and the Council, under section 39, may
order that its decision be publicized in a manner it considers appropriate.
(2) The
College must make a decision under section 38 or 39 available for 5 years to
the public on request.
Information
Providing information
41(1) An
applicant for registration as a regulated member and a regulated member must
provide the following information in addition to that required under section
33(3) of the Act, on the initial application for registration, when there is a
change to the information or at the request of the Registrar:
(a) home
address and business telephone numbers and fax numbers;
(b) business
mailing addresses;
(c) e‑mail
address;
(d) previous
names, if applicable;
(e) degrees
and other qualifications;
(f) school
of graduation and location of the school;
(g) year
of graduation;
(h) date
of birth;
(i) gender;
(j) employer’s
name or place of business;
(k) job
title and position description;
(l) practice
sector;
(m) employment
status and weekly hours worked;
(n) areas
of practice;
(o) date
of employment;
(p) names
of other jurisdictions in which the member is registered as a pharmacist;
(q) any
other colleges of a regulated health profession in which the member is
registered and whether the member is a practising member of that college;
(r) a
recent passport photo;
(s) other
information that the Registrar may request that is relevant to the role of the
College under the Act.
(2) A regulated member must inform the
Registrar of any change to the information provided under subsection (1) within
14 days of the change occurring.
(3) The Registrar may require a
regulated member to provide the information under subsection (1) at any time.
(4) If the Registrar issues a request
under subsection (3), the regulated member must provide the information within
14 days after the request is delivered to the address of the regulated member
on the register.
(5) A regulated member that retires from
active practice must advise the Registrar no later than 14 days after the
retirement.
(6) Subject
to section 34(1) of the Act, the College may disclose the information collected
under subsection (1)
(a) with
the consent of the regulated member whose information it is, or
(b) in
a summarized or statistical form so that it is not possible to relate the
information to any particular identifiable individual.
Section 119 information
42 The periods of time during which the
College is to provide information under section 119(4) of the Act are as
follows:
(a) information
referred to in section 33(3) of the Act entered in a register for a regulated
member, while the registered member is registered as a member of the College
and for 2 years after ceasing to be registered, except for the information
referred to in section 33(3)(h) of the Act;
(b) information
referred to in section 119(1) of the Act respecting
(i) the suspension of a regulated member’s practice permit, while the
suspension is in effect and for 10 years after the period of suspension has
expired,
(ii) the cancellation of a regulated member’s practice permit for 10
years after the cancellation,
(iii) the conditions imposed on a regulated member’s practice permit,
while the conditions are in effect and for 10 years after the conditions are
removed,
(iv) the directions made that a regulated member cease providing
professional services, while the directions are in effect and for 10 years
after the directions are cancelled, and
(v) the imposition of a reprimand or fine under Part 4 of the Act,
for 10 years after the imposition of the reprimand or fine;
(c) information
as to whether a hearing is scheduled to be held under Part 4 of the Act with
respect to a named regulated member, until the hearing is concluded;
(d) information
respecting
(i) whether a hearing has been held under Part 4 of the Act with
respect to a named regulated member, for 10 years from the date the hearing is
concluded, and
(ii) a decision and a record of the hearing referred to in section
85(3) of the Act of a hearing held under Part 4 of the Act, for 5 years after
the date the hearing tribunal rendered its decision.
Transitional Provisions,
Repeals
and Coming into Force
Transitional provisions
43 On the coming into force of this
Regulation, a registered member described in section 8 of Schedule 19 to the
Act is deemed to be entered on the regulated members register in the register
category that the Registrar considers appropriate.
Repeals
44 The Pharmaceutical Profession
Regulation (AR 322/94), the Prescription of Drugs by Authorized
Practitioners Regulation (AR 83/98) and the Scheduled Drugs
Regulation (AR 86/2002) are repealed.
Coming into force
45 This Regulation comes into force on the
coming into force of Schedule 19 to the Health Professions Act and the Pharmacy
and Drug Act.
