SNL2024 CHAPTER P-12.3 - PHARMACY ACT, 2024

SNL2024 CHAPTER P-12.3 PHARMACY ACT, 2024 Amended: 2024 c23 s36; 2024 c22 s52; 2024 cN-5.1 s67 CHAPTER P-12.3 AN ACT RESPECTING THE PRACTICE OF PHARMACY IN THE PROVINCE (Assented to May 29, 2024) Analysis 1. Short title 2. Definitions 3. Non-application of Act PART I ASSOCIATION 4. Association continued PART II COLLEGE 5. College 6. Objects 7. Board 8. Composition of board 9. Appointed members 10. Registrar 11. Committees 12. Fees 13. Annual meeting 14. Annual reports 15. By-laws PART III REGISTRATION AND LICENSING 16. Registration of pharmacists 17. Emergency registration of pharmacists 18. Registration of pharmacy interns 19. Registration of pharmacy students 20. Registration of pharmacy technicians 21. Emergency registration of pharmacy technicians 22. Registration of pharmacy technician interns 23. Registration of pharmacy technician students 24. Registers 25. Appeal 26. Certificate of registration 27. Continuing professional development 28. Registrants only to use designation 29. Scope of practice 30. Delegation 31. Pharmacy licence 32. Pharmacist in charge 33. Prohibition PART IV DISCIPLINE 34. Definitions 35. Committees 36. Allegations 37. Effect of filing allegation 38. Complaints authorization committee 39. Adjudication tribunal 40. Hearing 41. Copies of books, etc. as evidence 42. Guilty plea by respondent 43. Powers of adjudication tribunal 44. Filing and publication of decisions 45. De-registration and suspension 46. Failure to comply 47. Supplementary hearing 48. Costs of the college 49. Collection of fine 50. Appeal to Supreme Court PART V QUALITY ASSURANCE 51. Quality assurance program 52. Quality assurance committee 53. Conduct of quality assurance committee review 54. Routine assessments 55. Report and compliance 56. Costs PART VI INSPECTION AND COMPLIANCE 57. Inspectors 58. Powers of inspectors 59. Order of inspector 60. Contravention of Act suspected 61. Telewarrant 62. Admissibility of documents PART VII GENERAL 63. Duty to report 64. Out of province prescriptions 65. Protection from liability 66. Disclosure of information 67. Notices 68. Compliance with request for information 69. Contravention 70. Offence and penalties 71. Regulations PART VIII TRANSITIONAL, CONSEQUENTIAL, REPEAL AND COMMENCEMENT 72. Transitional 73. SNL2022 cF-01 Amdt. 74. SNL2011 cM-4.02 Amdt. 75. SNL2019 cO-6.2 Amdt. 76. SNL2008 cP-7.01 Amdt. 77. SNL2006 cP-12.01 Amdt. 78. SNL2017 cP-18.2 Amdt. 79. RSNL1990 cP-43 Amdt. 80. SNL1993 cT-4.1 Amdt. 81. NLR 56/19 Amdt. 82. NLR 90/12 Amdt. 83. NLR 114/96 Amdt. 84. NLR 16/16 Amdt. 85. NLR 104/09 Amdt. 86. NLR 78/19 Amdt. 87. NLR 42/19 Amdt. 88. SNL2012 cP-12.2 Rep. 89. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Pharmacy Act, 2024. 2024 cP-12.3 s1 Back to Top Definitions 2. In this Act (a) "association" means the Pharmacists' Association of Newfoundland and Labrador Inc. referred to in section 4; (b) "audio-visual technology" means technology that allows persons who are not in the physical presence of one another to see, hear and communicate with each other at all times; (c) "board" means, unless the context indicates otherwise, the board of directors of the college referred to in section 7; (d) "certificate" means a certificate of registration issued under this Act; (e) "college" means the College of Pharmacy of Newfoundland and Labrador continued by this Act; (f) "department" means the department presided over by the minister; (g) "dispense" means to provide a substance or item ordered by prescription but does not include the administration of that substance or item to a person or animal; (h) "drug" means a substance or combination of substances used or intended to be used to diagnose, treat, mitigate or prevent disease, a disorder or an abnormal physical or mental state or a symptom of them, or to restore, correct or modify organic functions in humans or animals; (i) "former Act" means the Pharmacy Act, 2012 ; (j) "licence" means, unless the context indicates otherwise, a licence issued under section 31; (k) "member" means, unless the context indicates otherwise, a person elected or appointed as a member of the board; (l) "minister" means the minister appointed under the Executive Council Act to administer this Act; (m) "pharmacist" means a person registered under section 16 or 17; (n) "pharmacist in charge" means a pharmacist who is (i) designated by the college as a pharmacist in charge, and (ii) named on a licence issued under section 31; (o) "pharmacy" means a business licensed under section 31; (p) "pharmacy intern" means a person registered under section 18; (q) "pharmacy student" means a person registered under section 19; (r) "pharmacy technician" means a person registered under section 20 or 21; (s) "pharmacy technician intern" means a person registered under section 22; (t) "pharmacy technician student" means a person registered under section 23; (u) "practice of pharmacy" means the use of pharmacy knowledge, theory and skill in (i) promoting health and the prevention and treatment of diseases, disorders and conditions, (ii) collaborating with patients to meet their health and drug-related needs through patient assessment, drug therapy monitoring and management of drug therapy, (iii) providing patients with information about prescription and non-prescription drug and non-drug therapy and assisting with prescription and non-prescription drug and non-drug therapy selection and use, (iv) compounding, preparing, dispensing, administering and selling drugs, (v) supervising and managing drug distribution systems to maintain public safety and drug system security, (vi) conducting or collaborating in health-related research, and (vii) engaging in administration, education, management, policy or regulation relevant to an activity referred to in subparagraph (i) to (vi); (v) "prescription" means an instruction directing that a drug be dispensed to or for a person or animal by a person authorized to do so by an Act of the province or by a prescriber referred to in section 64; (w) "proposed pharmacy" means a pharmacy in respect of which an application has been made for a licence under section 31; (x) "registrant" means a pharmacist, pharmacy intern, pharmacy student, pharmacy technician, pharmacy technician intern or pharmacy technician student; (y) "registrar" means the person appointed as registrar by the board under section 10; (z) "scheduled drug" means a drug that is included on (i) a schedule to the Food and Drugs Act (Canada), (ii) a schedule to the Controlled Drugs and Substances Act (Canada), (iii) a drug schedule maintained by the National Association of Pharmacy Regulatory Authorities and is not excluded from this definition in the regulations, or (iv) a drug schedule adopted by the board; (aa) "sell" means directly or indirectly, upon a pretence or by any means, to barter, distribute, give or deliver, whether or not for consideration, including attempting to sell, barter, give or deliver and offering, advertising, exposing or keeping for sale; and (bb) "standards of practice" means the minimal professional practice expectations for a registrant in any setting or role, approved by the board, including standards of practice and practice policies adopted by the board or otherwise inherent in the pharmacy profession. 2024 cP-12.3 s2 Back to Top Non-application of Act 3. (1) This Act does not apply to (a) a medical practitioner licensed and acting under the Medical Act, 2011 ; (a.1) a physician assistant licensed and acting under the Medical Act, 2011 ; (b) a dentist or dental surgeon licensed and acting under the Dental Act, 2008 ; (c) a veterinarian licensed and acting under the Veterinary Medical Act, 2004 ; (d) an optometrist licensed and acting under the Optometry Act, 2012 ; (e) a nurse practitioner licensed and acting under the Nurses Act ; (f) a registered nurse licensed and acting under the Nurses Act whose licence includes the authority to prescribe under the Registered Nurses Regulations ; (g) a midwife registered and acting under the Health Professions Act ; and (h) a registered psychiatric nurse licensed and acting under the Nurses Act whose licence includes the authority to prescribe under the Registered Nurses Regulations. (2) This Act shall not extend to or interfere with the dispensing of necessary drugs or medicines by registered nurses, registered psychiatric nurses or licensed practical nurses in the course of duty when practising with the approval and under the general supervision of the Provincial Health Authority. 2024 cP-12.3 s3 ; 2024 c23 s36 ; 2024 c22 s52 ; 2024 cN-5.1 s67 PART I ASSOCIATION Back to Top Association continued 4. (1) The Pharmacists’ Association of Newfoundland and Labrador Inc. is continued as a corporation without share capital for the purposes of Part XXI of the Corporations Act . (2) The objects of the association shall include, notwithstanding anything in the by-laws of the association, (a) promoting and advancing pharmacy and related disciplines, increasing the knowledge, skill, standards and proficiency of its members in the practice of pharmacy and maintaining the honour and integrity of the profession of pharmacy; (b) promoting liaison among the various branches of pharmacy; and (c) negotiating with providers of prescription drug payment programs. (3) A pharmacist who pays the membership fee set by the association is a member of the association notwithstanding anything in the by-laws of the association. (4) Notwithstanding its continuation under this Act, the association shall be governed by the Corporations Act for all purposes, including a change of the name of the association. 2024 cP-12.3 s4 PART II COLLEGE Back to Top College 5. The Newfoundland and Labrador Pharmacy Board is continued under the name the College of Pharmacy of Newfoundland and Labrador as a corporation without share capital for the purposes of Part XXI of the Corporations Act . 2024 cP-12.3 s5 Back to Top Objects 6. (1) The college shall regulate the practice of pharmacy and the pharmacy profession in the public interest. (2) The objects of the college include (a) the promotion of (i) high standards of practice, and (ii) continuing competency and quality improvement; (b) the registration of pharmacists, pharmacy interns, pharmacy students, pharmacy technicians, pharmacy technician interns and pharmacy technician students ; (c) the licensing of pharmacies; (d) the establishment, maintenance and development of standards for the practice of pharmacy and for the operation of pharmacies ; (e) responding to and managing complaints and discipline related to the practice of pharmacy; (f) establishing and maintaining a quality assurance program for registrants and pharmacies; and (g) ensuring that the public interest is protected in all matters relating to the practice of pharmacy. 2024 cP-12.3 s6 Back to Top Board 7. (1) The board of directors of the Newfoundland and Labrador Pharmacy Board is continued as the board of directors of the college. (2) The college shall be governed by the board of directors. 2024 cP-12.3 s7 Back to Top Composition of board 8. (1) The board shall consist of (a) 8 members elected from and by registrants in accordance with the by-laws; (b) 2 members appointed by the minister under subsection 9(1) who are not registrants; (c) 2 members appointed by the board under subsection 9(2) who are not registrants; (d) the Dean of the School of Pharmacy of Memorial University of Newfoundland; and (e) the registrar appointed by the board under subsection 10(1) who shall, by virtue of the office, be a non-voting member of the board. (2) A member of the board of the association is ineligible to be a member of the board. (3) A member may be elected for a term set by the by-laws which shall not exceed 3 years and is eligible to be re-elected, but shall not be a member for more than 9 consecutive years. (4) Where the term of office of a person elected under this section expires, the person continues to be a member of the board until re-elected or replaced. (5) An elected member may resign by written notice to the board. (6) Where an elected member resigns, dies or becomes incapable of performing the elected member's duties, the remaining members shall appoint a replacement member to serve until the next annual general meeting. (7) Elected members may be remunerated by the board for their service on the board and paid their travel and other expenses associated with their duties as members, in accordance with the by-laws. (8) The board shall elect an executive from the members including a chairperson who shall preside over meetings of the board, a vice-chairperson who shall preside over meetings in the absence of the chairperson and other officers as provided for in the by-laws. (9) Except where prohibited in the by-laws, a member of the board may, where all the members consent, participate in a meeting of the board by means of audio-visual technology . (10) A quorum of the board is 50% plus one member, at least one of whom shall be a member appointed to represent the public interest. (11) Where there is a tie vote on a motion or resolution of the board, that motion or resolution shall be considered to be defeated. 2024 cP-12.3 s8 Back to Top Appointed members 9. (1) The minister shall appoint 2 members who are not registrants who are suitable to represent the public interest. (2) The board shall appoint 2 members who are not registrants who are suitable to represent the public interest. (3) A person appointed under this section holds office for a term of 3 years and is eligible to be re-appointed. (4) Where a person appointed under this section holds office for a period of 9 consecutive years, the person is not eligible for appointment as a member until the expiration of 12 months from the end of the year in which the person was last a member. (5) Where the term of office of a person appointed under this section expires, the person continues to be a member until re-appointed or replaced. (6) Members appointed under subsections (1) and (2) may be remunerated by the board for their service on the board and paid their travel and other expenses associated with their duties as members, in accordance with guidelines established by the Lieutenant-Governor in Council. (7) A person appointed under subsection (1) may be removed from office by the minister before the expiration of the person's term of office and no compensation shall be paid to the person other than an amount owing under subsection (6). (8) A person appointed under subsection (2) may be removed from office by the board before the expiration of the person's term of office and no compensation shall be paid to the person other than an amount owing under subsection (6). (9) A person appointed under subsection (1) may resign from the board by written notice to the minister. (10) A person appointed under subsection (2) may resign from the board by written notice to the board. 2024 cP-12.3 s9 Back to Top Registrar 10. (1) The board shall appoint a person as registrar in accordance with the by-laws. (2) The registrar shall carry out the duties imposed upon the registrar by this Act and the by-laws . (3) The registrar may appoint an employee of the college to be the deputy registrar who has the powers and duties of the registrar in the absence or incapacity of the registrar, or when acting under the direction of the registrar. 2024 cP-12.3 s10 Back to Top Committees 11. (1) The board may appoint committees to carry out the duties and functions directed by the board. (2) The board may delegate a duty or power given to the board by this Act to a committee. (3) An action or decision of a committee to which the board delegates a duty or power is considered to be the action or decision of the board. 2024 cP-12.3 s11 Back to Top Fees 12. (1) The board may set and collect fees for the purposes of this Act. (2) In setting fees, the board shall, to the extent that it is practicable, ensure that the fees are sufficient to enable the college to discharge its duties under this Act. (3) All money received by the college shall be applied by it to its duties under this Act. 2024 cP-12.3 s12 Back to Top Annual meeting 13. (1) The college shall hold annual general meetings in accordance with the by-laws. (2) At the annual general meeting the board shall (a) appoint an auditor to audit the accounts of the college and to report on the financial statements of the college; and (b) consider and vote on those other matters required by the by-laws. 2024 cP-12.3 s13 Back to Top Annual reports 14. (1) The college shall prepare and submit to the minister before July 1 in a year (a) a report on the activities of the college; and (b) the college's audited financial statements. (2) The report referred to in paragraph (1)(a) shall contain statistics respecting the frequency and circumstances of access to patient records without patient consent under subsection 53(7) or 54(5). (3) The minister shall publish the annual report on the department's website. (4) The college shall, where it has a website, publish the annual report on its website in a manner that the annual report may be accessed by a member of the public. 2024 cP-12.3 s14 Back to Top By-laws 15. (1) The board may make by-laws not inconsistent with this Act (a) respecting the holding of meetings and the procedure at those meetings; (b) respecting matters that may be considered and voted on at annual general meetings; (c) respecting the appointment, remuneration and duties of the registrar; (d) respecting the election of members under paragraph 8(1)(a) and setting the terms of office; (e) respecting the remuneration and payment of expenses of elected members of the board; (f) respecting the election of an executive under subsection 8(8); (g) establishing a code of ethics; (h) establishing definitions of "professional misconduct", "professional incompetence", "incapacity or unfitness to engage in the practice of pharmacy" and "conduct unbecoming a registrant" for the purposes of Part IV; (i) establishing standards governing the practice of pharmacy, including standards of professional competence and of capacity and fitness to practice; (j) establishing rules respecting methods of advertising; (k) respecting the remuneration and payment of expenses of members of adjudication tribunals and members of committees; (l) respecting the participation of members at a meeting of the board by audio-visual technology under subsection 8(9); (m) respecting the voting of the board by mail or electronic means; (n) respecting the types of registers to be kept by the registrar and the information to be maintained on those registers; (o) respecting the appointment of persons to conduct routine assessments ; (p) respecting the form and manner of an application for a licence; (q) respecting the form and manner of an application for a change in ownership of a pharmacy; and (r) generally, to assist in the administration of this Act and the regulations. (2) A by-law may be made, amended or repealed at a meeting of the board where members are provided with 30 days' notice, in writing, of the meeting and the intention to make, amend or repeal the by-law. (3) Members may consent to a shorter notice period for the purpose of subsection (2). (4) The board shall have its by-laws available for inspection by the public on reasonable notice and at reasonable hours. 2024 cP-12.3 s15 PART III REGISTRATION AND LICENSING Back to Top Registration of pharmacists 16. (1) A person who satisfies the following requirements is entitled to be registered as a pharmacist: (a) applies in a form and manner approved by the college; (b) provides proof satisfactory to the college that the person (i) has graduated from a Faculty of Pharmacy in Canada that has been accredited by the Canadian Council for the Accreditation of Pharmacy Programs or another accreditation body approved by the board, (ii) was, immediately before making an application for registration under this Act, registered, licensed and practising as a pharmacist under the laws of another province or territory of Canada, or (iii) where the person does not satisfy the requirements in subparagraph (i) or (ii), has satisfied other requirements set by the college; (c) successfully completes a registration examination based upon the professional competency requirements that the college may establish; (d) successfully completes the Pharmacy Examining Board of Canada qualifying examination or another assessment of qualification approved by the college; (e) provides proof that the person has obtained professional liability insurance coverage in a form and amount satisfactory to the college; (f) where the person is currently, or was previously, licensed or registered in another jurisdiction, provides proof satisfactory to the college that the person's licence or registration has not been revoked, suspended or restricted or has conditions attached by reasons of disciplinary measures in another jurisdiction; (g) has a working knowledge of the English language sufficient to enable the person to practice pharmacy in the province; (h) successfully completes practical training in accordance with the regulations; (i) provides a current certificate of conduct satisfactory to the college ; (j) provides photo identification acceptable to the college; (k) pays the registration fee set by the board; and (l) meets the other requirements that may be prescribed in the regulations. (2) Notwithstanding paragraph (1)(f), the college may register a person whose licence or registration has been revoked, suspended or restricted or has conditions attached by reasons of disciplinary measures in another jurisdiction where (a) the person provides details of any revocation or suspension of or restriction or conditions on the person’s licence or registration in another jurisdiction; (b) the college is satisfied, after consideration of the details provided under paragraph (a), that the person is entitled to be registered; and (c) the person satisfies the other requirements in subsection (1). (3) The college may impose terms, conditions or restrictions on a registration issued under subsection (2). (4) Notwithstanding subsection (1), where 2 or more years have elapsed between the date that a person completed the requirements in paragraph (1)(c), (d) or (h) and the date that the person first applies to be registered, the college may, in addition to the requirements in subsection (1), require the person to successfully rewrite the required examination, redo the practical training or both. 2024 cP-12.3 s16 Back to Top Emergency registration of pharmacists 17. (1) Where the board determines that there is an immediate need for pharmacist services due to an actual or potential threat to public safety, health or welfare or, where the minister or the federal Minister of Health makes a request, the college may issue an emergency registration. (2) A person who satisfies the following requirements may be issued an emergency registration for a period of time determined by the college: (a) provides proof satisfactory to the college that the person (i) is licensed or registered to practice as a pharmacist in another jurisdiction in Canada, (ii) has graduated from a Faculty of Pharmacy in Canada that has been accredited by the Canadian Council for the Accreditation of Pharmacy Programs or another accreditation body approved by the board within the past 12 months and has not failed any national examinations required by the board, (iii) was previously registered to practice as a pharmacist in the province, or (iv) where the person does not satisfy the requirements in subparagraph ( i ), (ii) or (iii), has satisfied other requirements set by the college; (b) where the person is currently, or was previously, licensed or registered in another jurisdiction, provides proof satisfactory to the college that the person's licence or registration has not been revoked, suspended or restricted or has conditions attached by reasons of disciplinary measures in another jurisdiction; (c) provides proof of identification as required by the college; and (d) satisfies any other requirements as the college may determine are necessary and practicable in the circumstances. (3) The college may accept the declaration of the person as proof that the person satisfies one or more of the requirements in subsection (2). (4) An emergency registration issued under subsection (2) may be renewed as considered necessary by the college. (5) The college may impose terms, conditions or restrictions on an emergency registration issued under subsection (2). (6) The college may terminate an emergency registration issued under subsection (2) at any time. 2024 cP-12.3 s17 Back to Top Registration of pharmacy interns 18. (1) A person who satisfies the following requirements is entitled to be registered as a pharmacy intern: (a) applies in a form and manner approved by the college; (b) provides proof satisfactory to the college that the person has graduated or is expected to graduate within 12 months from a Faculty of Pharmacy in Canada that has been accredited by the Canadian Council for the Accreditation of Pharmacy Programs or another accreditation body approved by the board; (c) provides proof that the person has obtained professional liability insurance coverage in a form and amount satisfactory to the college; (d) provides a current certificate of conduct satisfactory to the college; (e) provides photo identification acceptable to the college; (f) pays the registration fee set by the board; and (g) meets the other requirements that may be prescribed in the regulations. (2) Registration of a pharmacy intern confers upon the pharmacy intern the right to perform tasks within the scope of practice of a pharmacist, but only where the pharmacy intern is supervised in a manner acceptable to the board. (3) The tasks conferred on a pharmacy intern under subsection (2) do not include tasks that require an authorization in accordance with regulations made under section 29. (4) Only a registered pharmacy intern may identify themself as a pharmacy intern. 2024 cP-12.3 s18 Back to Top Registration of pharmacy students 19. (1) A person who satisfies the following requirements is entitled to be registered as a pharmacy student: (a) applies in a form and manner approved by the college; (b) provides proof satisfactory to the college that the person is enrolled in a Faculty of Pharmacy in Canada that has been accredited by the Canadian Council for the Accreditation of Pharmacy Programs or another accreditation body approved by the board; (c) provides proof that the person has obtained professional liability insurance coverage in a form and amount satisfactory to the college; (d) provides a current certificate of conduct satisfactory to the college; (e) provides photo identification acceptable to the college; (f) pays the registration fee set by the board; and (g) satisfies the other requirements that may be prescribed in the regulations. (2) Registration of a pharmacy student confers upon the pharmacy student the right to perform tasks within the scope of practice of a pharmacist, but only where the pharmacy student is supervised in a manner acceptable to the board. (3) The tasks conferred on a pharmacy student under subsection (2) do not include tasks that require an authorization in accordance with regulations made under section 29. (4) Only a registered pharmacy student may identify themself as a pharmacy student. 2024 cP-12.3 s19 Back to Top Registration of pharmacy technicians 20. (1) A person who satisfies the following requirements is entitled to be registered as a pharmacy technician: (a) applies in a form and manner approved by the college; (b) provides proof satisfactory to the college that the person (i) has graduated from a pharmacy technician educational program in Canada that has been accredited by the Canadian Council for the Accreditation of Pharmacy Programs or another accreditation body approved by the board, (ii) was, immediately before making an application for registration under this Act, registered, licensed and practising as a pharmacy technician under the laws of another province or territory of Canada, or (iii) where the person does not satisfy the requirements in subparagraph ( i ) or (ii), has satisfied other requirements set by the college; (c) successfully completes a pharmacy technician registration examination based upon the professional competency requirements that the college may establish; (d) successfully completes the Pharmacy Examining Board of Canada qualifying examination or another assessment of qualification approved by the college; (e) provides proof that the person has obtained professional liability insurance coverage in a form and amount satisfactory to the college; (f) where the person is currently, or was previously, licensed or registered in another jurisdiction, provides proof satisfactory to the college that the person's licence or registration has not been revoked, suspended or restricted or has conditions attached by reasons of disciplinary measures in another jurisdiction; (g) has a working knowledge of the English language sufficient to enable the person to practise as a pharmacy technician in the province; (h) successfully completes practical training in accordance with the regulations; (i) provides a current certificate of conduct satisfactory to the college; (j) provides photo identification acceptable to the college; (k) pays the registration fee set by the board; and (l) satisfies the other requirements that may be prescribed in the regulations. (2) Notwithstanding paragraph (1)(f), the college may register a person whose licence or registration has been revoked, suspended or restricted or has conditions attached by reasons of disciplinary measures in another jurisdiction where (a) the person provides details of any revocation or suspension of or restriction or conditions on the person’s licence or registration in another jurisdiction; (b) the college is satisfied, after consideration of the details provided under paragraph (a), that the person is entitled to be registered; and (c) the person satisfies the other requirements in subsection (1). (3) The college may impose terms, conditions or restrictions on a registration issued under subsection (2). (4) Notwithstanding subsection (1), where 2 or more years have elapsed between the date that a person completed the requirements in paragraph (1)(c), (d) or (h) and the date that the person first applies to be registered, the college may, in addition to the requirements in subsection (1), require the person to successfully rewrite a required examination, redo the practical training or both. 2024 cP-12.3 s20 Back to Top Emergency registration of pharmacy technicians 21. (1) Where the board determines that there is an immediate need for pharmacy technician services due to an actual or potential threat to public safety, health or welfare or, where the minister or the federal Minister of Health makes a request, the college may issue an emergency registration. (2) A person who satisfies the following requirements may be issued an emergency registration for a period of time determined by the college: (a) provides proof satisfactory to the college that the person (i) is licensed or registered to practice as a pharmacy technician in another jurisdiction in Canada, (ii) has graduated from a pharmacy technician educational program or a Faculty of Pharmacy, in Canada, that has been accredited by the Canadian Council for the Accreditation of Pharmacy Programs or another accreditation body approved by the board within the past 12 months and has not failed any national examinations required by the board, (iii) was previously registered to practice as a pharmacy technician in the province, or (iv) where the person does not satisfy the requirements in subparagraph (i), (ii) or (iii), has satisfied other requirements set by the college; (b) where the person is currently, or was previously, licensed or registered in another jurisdiction, provides proof satisfactory to the college that the person's licence or registration has not been revoked, suspended or restricted or has conditions attached by reasons of disciplinary measures in another jurisdiction; (c) provides proof of identification as required by the college; and (d) satisfies any other requirements as the college may determine are necessary and practicable in the circumstances. (3) The college may accept the declaration of the person as proof that the person satisfies one or more of the requirements in subsection (2). (4) An emergency registration issued under subsection (2) may be renewed as considered necessary by the college. (5) The college may impose terms, conditions or restrictions on an emergency registration issued under subsection (2). (6) The college may terminate an emergency registration issued under subsection (2) at any time. 2024 cP-12.3 s21 Back to Top Registration of pharmacy technician interns 22. (1) A person who satisfies the following requirements is entitled to be registered as a pharmacy technician intern: (a) applies in a form and manner approved by the college; (b) provides proof satisfactory to the college that the person has graduated from a pharmacy technician educational program in Canada that has been accredited by the Canadian Council for the Accreditation of Pharmacy Programs or another accreditation body approved by the board ; (c) provides proof that the person has obtained professional liability insurance coverage in a form and amount satisfactory to the college; (d) provides a current certificate of conduct satisfactory to the college; (e) provides photo identification acceptable to the college; (f) pays the registration fee set by the board; and (g) meets the other requirements that may be prescribed in the regulations. (2) Registration of a pharmacy technician intern confers upon the pharmacy technician intern the right to perform tasks within the scope of practice of a pharmacy technician, but only where the pharmacy technician intern is supervised in a manner acceptable to the board. (3) The tasks conferred on a pharmacy technician intern under subsection (2) do not include tasks that require an authorization in accordance with regulations made under section 29. (4) Only a registered pharmacy technician intern may identify themself as a pharmacy technician intern. 2024 cP-12.3 s22 Back to Top Registration of pharmacy technician students 23. (1) A person who satisfies the following requirements is entitled to be registered as a pharmacy technician student: (a) applies in a form and manner approved by the college; (b) provides proof satisfactory to the college that the person is enrolled in a pharmacy technician educational program in Canada that has been accredited by the Canadian Council for the Accreditation of Pharmacy Programs or another accreditation body approved by the board; (c) provides proof that the person has obtained professional liability insurance coverage in a form and amount satisfactory to the college; (d) provides a current certificate of conduct satisfactory to the college; (e) provides photo identification acceptable to the college; (f) pays the registration fee set by the board; and (g) satisfies the other requirements that may be prescribed in the regulations. (2) Registration of a pharmacy technician student confers upon the pharmacy technician student the right to perform tasks within the scope of practice of a pharmacy technician, but only where the pharmacy technician student is supervised in a manner acceptable to the board. (3) The tasks conferred on a pharmacy technician student under subsection (2) do not include tasks that require an authorization in accordance with regulations made under section 29. (4) Only a registered pharmacy technician student may identify themself as a pharmacy technician student. 2024 cP-12.3 s23 Back to Top Registers 24. (1) The registrar shall maintain registers in which the registrar shall enter (a) the names of all registrants; and (b) other information that the board may require. (2) The registrar shall make the registers of the college available for inspection by the public on reasonable notice and at reasonable hours. (3) The production in a court or proceeding of a register or a copy of or an extract from a register under this Act, certified by the registrar, is evidence of the statements on that register without proof of the fact that the signature is that of the registrar. 2024 cP-12.3 s24 Back to Top Appeal 25. (1) A person whose application for registration was refused may appeal the refusal to the board which may confirm, vary or reverse the decision. (2) A person affected by a decision of the board under this section may, within 30 days of receipt of the decision, appeal it to the Supreme Court by filing a notice of appeal with the court. 2024 cP-12.3 s25 Back to Top Certificate of registration 26. (1) The registrar shall issue a certificate of registration to a person who has applied and satisfies the registration requirements prescribed in this Act and the regulations. (2) The registrar shall renew a certificate of registration where a person has applied and satisfies the renewal requirements prescribed in the regulations. (3) A certificate of registration shall be valid for the period of time prescribed in the regulations. (4) Notwithstanding subsection (3), w here an emergency registration is issued under section 17 or section 21, the registrar shall issue a certificate of registration for the period of time determined by the college under subsection 17(2) or subsection 21(2). (5) A pharmacist or pharmacy technician, with the exception of a pharmacist or pharmacy technician registered under section 17 or section 21, who has not been issued a certificate of registration and engaged in the practice of pharmacy in the 3 years immediately preceding the date on which the pharmacist or pharmacy technician applies for a certificate of registration, shall not be entitled to be issued a certificate of registration unless the pharmacist or pharmacy technician meets the requirements prescribed in the regulations. (6) It is a condition of a certificate of registration of a pharmacist that the pharmacist be a member of the association or, within one month of the date of issuing the certificate, become a member of the association. (7) It is a condition of a certificate of registration of a registrant that the registrant abide by this Act, the regulations and the by-laws, standards of practice and policies of the college. (8) Where a registrant does not comply with one or more of the requirements for registration or renewal of a registration in this Act or the regulations, the college may suspend or cancel the registration. 2024 cP-12.3 s26 Back to Top Continuing professional development 27. Every pharmacist and pharmacy technician shall participate in continuing professional development as required by the board. 2024 cP-12.3 s27 Back to Top Registrants only to use designation 28. (1) Only a pharmacist registered under this Act is entitled to use the title or designation pharmacist, registered pharmacist or R.Ph . (2) Only a pharmacy technician registered under this Act is entitled to use the title or designation pharmacy technician, registered pharmacy technician or R.Pt . 2024 cP-12.3 s28 Back to Top Scope of practice 29. The board may, with the approval of the minister, make regulations respecting the scope of practice of registrants. 2024 cP-12.3 s29 Back to Top Delegation 30. (1) A pharmacist who has an authorization to perform tasks in accordance with regulations made under section 29 may delegate one or more of those tasks to a pharmacy intern or a pharmacy student, in accordance with the regulations, where the pharmacy intern or a pharmacy student is supervised in a manner acceptable to the board. (2) A pharmacy technician who has an authorization to perform tasks in accordance with regulations made under section 29 may delegate one or more of those tasks to a pharmacy technician intern or pharmacy technician student, in accordance with the regulations, where the pharmacy technician intern or pharmacy technician student is supervised in a manner acceptable to the board. 2024 cP-12.3 s30 Back to Top Pharmacy licence 31. (1) Before opening a pharmacy, a corporation, partnership or individual shall apply for a licence in the form and manner specified in the by-laws. (2) The college shall issue a licence in respect of a pharmacy for which an application is made under subsection (1) where the application satisfies the requirements prescribed in the regulations. (3) A licence issued under this section in respect of a pharmacy shall be issued in the name of the pharmacist in charge of the pharmacy. (4) A person shall not operate a pharmacy business and a registrant shall not dispense or sell a scheduled drug unless it is (a) from a pharmacy licensed under this Act; and (b) in accordance with restrictions, terms or conditions in force respecting that pharmacy under this Act. (5) Before an owner sells an interest in a pharmacy, whether through a sale of the pharmacy, a sale of shares in the pharmacy or a sale of shares in a corporation that holds shares in the pharmacy, the owner shall make an application for a change in ownership in the form and manner specified in the by-laws. (6) Where, on review of an application under subsection (5), the college determines that the change in ownership requires the issuance of a new licence , the college shall (a) cancel the licence for that pharmacy on the effective date of the change of ownership; and (b) issue a new licence for that pharmacy where the application satisfies the requirements for a licence prescribed in the regulations. (7) This section applies to a hospital pharmacy. (8) A licence shall be renewed where the pharmacist in charge applies and the application satisfies the requirements prescribed in the regulations. (9) A licence in respect of a pharmacy shall be displayed in a conspicuous part of the pharmacy in full public view. (10) A licence may be revoked by the college where the pharmacy ceases to satisfy the requirements for a licence under this Act or the regulations. (11) Where a pharmacy ceases to operate as a pharmacy, the pharmacist in charge shall satisfy the requirements prescribed in the regulations. 2024 cP-12.3 s31 Back to Top Pharmacist in charge 32. (1) The college may designate a pharmacist as a pharmacist in charge where the pharmacist satisfies the requirements prescribed in the regulations. (2) The pharmacist in charge of a pharmacy operating under this Act shall ensure that the pharmacy is operated in compliance with this Act and failure to do so constitutes conduct deserving of sanction. (3) A person other than a pharmacist in charge shall not direct, control or manage a pharmacy. (4) The duties of the pharmacist in charge shall be as set out in the regulations. (5) Where the pharmacist in charge is not the owner of the pharmacy, the pharmacy owner shall not impede, through action or inaction, the ability of the pharmacist in charge to ensure that the pharmacy is operated in compliance with this Act. 2024 cP-12.3 s32 Back to Top Prohibition 33. (1) A person other than a registrant shall not represent to be engaged in the practice of pharmacy or act in a manner that expressly or otherwise may lead the public to believe that the person is entitled to engage in the practice of pharmacy. (2) A person shall not (a) display, use or permit to be displayed or used, a sign, advertisement or symbol bearing the words "drugs", "medicines", "prescriptions", "pharmacy" or "pharmacist" or other words of similar meaning, unless it is associated with a pharmacy or otherwise approved by the college; (b) employ a person who is not a registrant or otherwise entitled under this Act to engage in the practice of pharmacy; or (c) dispense, sell, offer for sale or handle drugs or substances except in compliance with this Act. 2024 cP-12.3 s33 PART IV DISCIPLINE Back to Top Definitions 34. In this Part (a) "allegation" means a written document alleging that a person has engaged in conduct deserving of sanction; (b) "complainant" means a person making an allegation; (c) "conduct deserving of sanction" includes (i) professional misconduct, (ii) professional incompetence, (iii) incapacity or unfitness to engage in the practice of pharmacy, (iv) conduct unbecoming a registrant, and (v) acting in breach of this Act, the regulations, or the code of ethics made under section 15; (d) "costs incurred by the college" includes (i) out of pocket expenses incurred by or on behalf of the college, (ii) amounts paid by the college to adjudication tribunal members as remuneration and for expenses, and (iii) the actual cost of legal counsel for the college and the adjudication tribunal; (e) "disciplinary panel" means the panel of persons appointed under section 35 from which the members of an adjudication tribunal are chosen; and (f) "respondent" means a registrant or a former registrant against whom an allegation is made. 2024 cP-12.3 s34 Back to Top Committees 35. (1) The board shall appoint (a) the chairperson, vice-chairperson and members of the complaints authorization committee; and (b) the pharmacists and pharmacy technicians to serve on the disciplinary panel, one of whom shall be appointed the chairperson. (2) The complaints authorization committee shall consist of at least 3 persons, all of whom shall be members of the board, and at least one of whom shall be a member who was appointed to represent the public interest. (3) The registrar is not eligible to be a member of the complaints authorization committee. (4) The disciplinary panel shall consist of not less than (a) 10 pharmacists who are not members; (b) one pharmacy technician who is not a member; and (c) 3 persons who are not pharmacists or pharmacy technicians who shall be appointed by the minister to represent the public interest. (5) A member appointed to the disciplinary panel holds office for a term of 3 years and is eligible to be reappointed. (6) Where the term of office of a member of the disciplinary panel expires, the member continues to be a member of the disciplinary panel until reappointed or replaced. (7) Members of the disciplinary panel shall serve as members of the panel without payment for their services, but may be remunerated for service as a member of an adjudication tribunal and paid their travel and other expenses associated with the work of that tribunal by the college, in accordance with and at the rates set by the by-laws. (8) The complaints authorization committee and an adjudication tribunal appointed under section 39 and a person appointed by either of them may summon a respondent or another person and require that the respondent or other person give evidence, orally or in writing, upon oath or affirmation, and produce the documents and things that either of them considers necessary to the full investigation and hearing of an allegation or complaint and shall have the powers, privileges and immunities that are conferred on a commissioner appointed under the Public Inquiries Act, 2006 . 2024 cP-12.3 s35 Back to Top Allegations 36. (1) An allegation shall be in writing and signed by the complainant or the complainant's solicitor, and filed with the registrar. (2) The registrar may on the registrar's own motion make an allegation and file it, and the allegation shall have the same effect as an allegation referred to in subsection (1).

(3) Where the registrar has been informed that a registrant has been convicted or found guilty of an offence under the provisions of the Controlled Drugs and Substances Act (Canada), the Criminal Code or a similar penal statute of another country or has been suspended by a governing body of registrants in another province or territory of Canada or another territory or country for reason of professional misconduct, conduct unbecoming a registrant or professional incompetence, the information shall be dealt with by the registrar as an allegation. (4) For the purpose of subsection (3), a certified copy of the record of a conviction or findings made or the action taken by an external regulatory body constitutes proof, in the absence of evidence to the contrary, of the conviction or findings made or the action taken by that body, without proof of the signature of the convicting justice or person purporting to have signed on behalf of that body. 2024 cP-12.3 s36 Back to Top Effect of filing allegation 37. (1) Where it appears to the registrar after notifying the respondent of the allegation that the allegation may be resolved satisfactorily and where the complainant and the respondent consent, the registrar may attempt to resolve the matter. (2) Where the allegation is not satisfactorily resolved by the registrar under subsection (1), (a) the registrar shall refer the allegation and all other allegations to the complaints authorization committee; and (b) where the registrar considers that it is in the public interest, the registrar may suspend or restrict the respondent's registration until the complaints authorization committee makes a decision under subsection 38(2), (3) or (6). (3) The registrar shall inform the complainant and the respondent of the referral of the allegation to the complaints authorization committee. (4) Where the registrar restricts or suspends the respondent's registration under subsection (2), the registrar shall (a) within 14 days of the restriction or suspension having been made, (i) publish a notice of the restriction or suspension on the college's website, or (ii) where the college does not have a website, provide the notice to the department for publication on its website; and (b) advise at least 2 media outlets in or nearest to the community in which the respondent practises that the notice referred to in paragraph (a) has been published. 2024 cP-12.3 s37 Back to Top Complaints authorization committee 38. (1) After an allegation has been submitted to the complaints authorization committee, the committee may exercise one or more of the following powers: (a) refer the allegation back to the registrar for an investigation or alternative dispute resolution in accordance with the regulations; (b) conduct an investigation itself or appoint a person to conduct an investigation on its behalf; (c) conduct a practice review into the respondent's practice or appoint a person to conduct a review on its behalf; (d) require the respondent to appear before it; and (e) refer the allegation to the quality assurance committee. (2) Where the complaints authorization committee is of the opinion that there are no reasonable grounds to believe the respondent has engaged in conduct deserving of sanction, the committee shall dismiss the allegation and give notice in writing of the dismissal to the complainant. (3) Where the complaints authorization committee is of the opinion that there are no reasonable grounds to believe the respondent has engaged in conduct deserving of sanction, the committee may, in dismissing the allegation, direct the respondent with respect to the respondent's practice, including direction that the respondent (a) comply with a specified provision of this Act, the regulations, a standard of practice or a by-law, policy or guideline of the college; (b) successfully complete a continuing or remedial education program; (c) complete an assessment of the respondent's clinical skills and successfully complete a course of studies or clinical experience recommended by the assessment; and (d) provide documentation, information or an explanation in relation to the care of the complainant or of another person represented by the complainant where the person is deceased or incompetent, and the respondent shall comply with the direction of the committee. (4) The committee may give a person or body it considers appropriate notice of a direction, caution or counsel given under this section, and may specify the time within which the direction, caution or counsel is to be complied with and that the costs of compliance with the direction, caution or counsel shall be borne by the respondent. (5) Where a respondent fails to comply with a direction, caution or counsel of the committee under subsection (3) or (6), the registrar may deal with the failure as an allegation. (6) Where the complaints authorization committee is of the opinion that there are reasonable grounds to believe that a respondent has engaged in conduct deserving of sanction, the allegation shall be considered as constituting a complaint, and the complaints authorization committee may (a) counsel or caution the respondent; or (b) instruct the registrar to file the complaint against the respondent and refer it to the disciplinary panel. (7) Where the complaints authorization committee instructs the registrar to file a complaint in accordance with paragraph (6)(b), the complaints authorization committee may suspend or restrict the respondent's registration. (8) Where the complaints authorization committee suspends or restricts the respondent's registration under subsection (7), the committee shall notify the registrar of the restriction or suspension and the registrar shall (a) within 14 days of the restriction or suspension having been made, (i) publish a notice of the restriction or suspension on the college's website, or (ii) where the college does not have a website, provide the notice to the department for publication on its website; and (b) advise at least 2 media outlets in or nearest to the community in which the respondent practises that the notice referred to in paragraph (a) has been published. (9) A person conducting an investigation under paragraph (1)(a) or (b) or a practice review under paragraph (1)(c) may require (a) the respondent to (i) undergo practical and other examinations that the person considers necessary and as arranged by the registrar or the college, and (ii) permit the registrar or a member of the complaints authorization committee or another person appointed by the complaints authorization committee to inspect and copy the records of the respondent and other documents relating to the subject matter of the investigation; and (b) another person to permit the registrar or a member of the complaints authorization committee or another person appointed by the complaints authorization committee to inspect and copy records and other documents relating to the subject matter of the investigation held by that person, and the respondent or other person shall comply. (10) Where the registrar, a member of the complaints authorization committee or another person appointed by the complaints authorization committee requires that a respondent or other person provide information under subsection (9), that information shall be provided within 7 days of receipt of the request or a different period as specified in the request. (11) An action for damages does not lie against a registrant or another person to whom a request is made solely because the registrant or other person provides information requested under subsection (9). (12) A complainant whose allegation is dismissed by the complaints authorization committee under subsection (2) may within 30 days after receiving notice of the dismissal appeal the dismissal to the Supreme Court by filing a notice of appeal with the court. (13) Subsections (9), (10) and (11) apply to the Crown. 2024 cP-12.3 s38 Back to Top Adjudication tribunal 39. (1) For the purpose of dealing with complaints referred to the disciplinary panel, the chairperson of the disciplinary panel shall appoint from it an adjudication tribunal consisting of 3 persons, of whom 2 shall be registrants and one shall be a member of the panel appointed to represent the public interest. (2) For the purpose of subsection (1), (a) where the respondent is a pharmacist, pharmacy intern or pharmacy student, at least one of the registrants appointed to the adjudication tribunal shall be a pharmacist, where practicable; and (b) where the respondent is a pharmacy technician, pharmacy technician intern or pharmacy technician student, at least one of the registrants appointed to the adjudication tribunal shall be a pharmacy technician, where practicable. (3) The chairperson of the disciplinary panel shall appoint one of the registrants on an adjudication tribunal to be the chairperson. (4) Where the term of office of a member of the adjudication tribunal expires and the member has commenced a hearing, the member continues to be a member until the hearing is concluded and a decision rendered. 2024 cP-12.3 s39 Back to Top Hearing 40. (1) Where a complaint has been referred under paragraph 38(6)(b), an adjudication tribunal shall hear the complaint. (2) The parties to a hearing are the college and the respondent and a party may be represented by counsel at a hearing. (3) A hearing shall be conducted in public but an adjudication tribunal may exclude the public from a hearing, or from part of it, where it considers the desirability of protecting a party to the complaint or another person against the consequences of possible disclosure of personal matters outweighs the desirability of holding the hearing in public. 2024 cP-12.3 s40 Back to Top Copies of books, etc. as evidence 41. A copy or extract of a book, record, document or thing certified by (a) a member of the complaints authorization committee; or (b) a person authorized under subsection 38(9) to conduct an investigation , who made the copy or extract under subsection 38(9) is admissible in evidence in an action, proceeding or prosecution, in the absence of evidence to the contrary, as evidence of the original book, record, document or thing and its contents. 2024 cP-12.3 s41 Back to Top Guilty plea by respondent 42. (1) Where a respondent pleads guilty to one or more of the charges set out in a complaint, the adjudication tribunal shall, without calling evidence or hearing witnesses, unless the tribunal believes it is appropriate to do so, hear submissions from the parties. (2) Where a respondent pleads guilty, and following submissions under subsection (1), the adjudication tribunal may (a) reprimand the respondent; (b) order that the respondent be suspended for a fixed period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal; (c) allow or direct the respondent to surrender the respondent's certificate to the college upon those conditions that may be considered appropriate and, where the respondent's name appears on a register maintained under this Act, strike the respondent's name from the register; (d) impose a fine not to exceed $25,000 to be paid to the college; (e) order that the respondent pay the costs or a part of the costs incurred by the college in the investigation and hearing of the complaint; (f) order that the registrar publish a summary of the decision including the information set out in subsection 44(7) and other information that the tribunal may specify; and (g) order that the respondent comply with one or more of the following: (i) make restitution to the complainant or other person affected by the conduct of the respondent, (ii) obtain medical treatment, (iii) obtain counselling, (iv) obtain substance use disorder counselling or treatment until the respondent can demonstrate to the college or other body or person designated by the adjudication tribunal that a condition related to a substance use disorder rendering the respondent incapable or unfit to practise has been overcome, (v) engage in professional development programs, (vi) complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the college or another body or person designated by the adjudication tribunal, (vii) report on the respondent's compliance with an order made under this section and authorize others involved with the respondent's treatment or supervision to report on it, (viii) restrict the respondent's professional practice or continue the respondent's practice under specified conditions, (ix) permit periodic inspection of the respondent's practice, (x) permit periodic inspection of records relating to the respondent's practice, or (xi) impose other requirements that are just and reasonable in the circumstances. (3) The costs incurred by the college to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent. 2024 cP-12.3 s42 Back to Top Powers of adjudication tribunal 43. (1) Upon the hearing of a complaint, an adjudication tribunal shall decide whether or not a respondent is guilty of conduct deserving of sanction. (2) Where an adjudication tribunal decides that a respondent is not guilty, it shall dismiss the complaint and may, where it believes that the submission of the complaint to the tribunal for a hearing was unreasonable, (a) order that those costs that the tribunal considers appropriate be paid by the college to the respondent; and (b) make another order that it considers appropriate. (3) Where an adjudication tribunal decides that a respondent is guilty, it may, (a) reprimand the respondent; (b) order that the respondent be suspended for a fixed period that it considers appropriate, until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal; (c) allow or direct the respondent to surrender the respondent's certificate to the college upon those conditions that may be considered appropriate and, where the respondent's name appears on a register maintained under this Act, strike the respondent's name from the register; (d) impose a fine not to exceed $25,000 to be paid to the college; (e) order that the respondent pay the costs or a part of the costs incurred by the college in the investigation and hearing of the complaint; (f) order that the registrar publish a summary of the decision including the information set out in subsection 44(7) and other information that the tribunal may specify; and (g) order that the respondent comply with one or more of the following: (i) make restitution to the complainant or other person affected by the conduct of the respondent, (ii) obtain medical treatment, (iii) obtain counselling, (iv) obtain substance use disorder counselling or treatment until the respondent can demonstrate to the college or other body or person designated by the adjudication tribunal that a condition related to a substance use disorder rendering the respondent incapable or unfit to practise has been overcome, (v) engage in professional development programs, (vi) complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the college or another body or person designated by the adjudication tribunal, (vii) report on the respondent's compliance with an order made under this section and authorize others involved with the respondent's treatment or supervision to report on it, (viii) restrict the respondent's professional practice or continue the respondent's practice under specified conditions, (ix) permit periodic inspection of the respondent's practice, (x) permit periodic inspection of records relating to the respondent's practice, or (xi) impose other requirements that are just and reasonable in the circumstances. (4) The costs incurred by the college to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent. 2024 cP-12.3 s43 Back to Top Filing and publication of decisions 44. (1) An adjudication tribunal shall file a decision or order made under subsection 42(2) or 43(3) with the registrar and provide a copy to the complainant, the respondent, the respondent's employer and the minister. (2) The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7). (3) The registrar shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period provided in section 50, where the decision or order (a) suspends the respondent; (b) allows or directs the surrender of the respondent's licence ; (c) restricts the respondent’s practice; (d) specifies conditions for the continuing practice of the respondent; or (e) requires that a summary of the decision or order be published. (4) Where the registrar is required to publish a summary of a decision or order under subsection (3), the registrar shall (a) publish the summary of the decision or order on the college's website; or (b) where the college does not have a website, provide the summary or order to the department for publication on its website. (5) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar shall (a) advise at least 2 media outlets in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and (b) arrange that a summary of the decision or order be kept on the website (i) for a period of not less than 3 months, or (ii) where one or more of the following apply, for a period not less than the period referred to in clause (A), (B) or (C), as applicable: (A) where the respondent is suspended for a period greater than 3 months, the period of suspension, (B) where the respondent’s practice is restricted for a period greater than 3 months, the period of restriction, or (C) where conditions are imposed for the continuing practice of the respondent for a period greater than 3 months, the period during which conditions are imposed. (6) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar may also publish a summary of the decision or order in the college’s annual report or another publication approved by the college. (7) Unless a court orders otherwise, the summary of the decision or order published under this section shall include (a) the name of the respondent and the address where the respondent practises ; (b) the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction; (c) the name of the complainant, where requested by the complainant; (d) the contents of the decision or order in relation to the actions referenced in paragraphs (3)(a) to (d); and (e) other information specified for publication in the decision or order. (8) Where a decision or order, the summary of which is published under this section, is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) to (7) apply, with the necessary changes. (9) The registrar may give notice of the decision or order and information respecting the decision or order to the other persons the college may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent. (10) Nothing in this section prohibits the registrar from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. 2024 cP-12.3 s44 Back to Top De-registration and suspension 45. (1) Where a respondent is struck off the register, the respondent's rights and privileges as a registrant cease. (2) Where a respondent is suspended, the respondent's rights and privileges as a registrant cease for the period of suspension. (3) Where conditions or restrictions have been imposed upon a respondent’s ability to carry on the respondent's practice, the respondent's rights and privileges as a registrant shall be limited to the extent specified by the conditions or restrictions. 2024 cP-12.3 s45 Back to Top Failure to comply 46. (1) On application by the college to the disciplinary panel, an adjudication tribunal may make an order suspending the rights and privileges of a respondent where it determines that the respondent has failed to comply with a decision or an order under this Part. (2) The parties to the application are the college and the respondent. (3) An order of an adjudication tribunal under this section may suspend the rights and privileges of the respondent for a fixed period that the adjudication tribunal may consider appropriate, or until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal. 2024 cP-12.3 s46 Back to Top Supplementary hearing 47. (1) Where a decision or order of the adjudication tribunal (a) suspends the respondent; (b) allows or directs the respondent to surrender the respondent's licence ; (c) restricts the respondent’s practice; or (d) specifies conditions for the continuing practice of the respondent, and where the respondent alleges that new evidence has become available or a material change in circumstances has occurred since the making of the decision or order, the respondent may apply to the complaints authorization committee for a supplementary hearing to discharge or vary the decision or order based on the new evidence or material change in circumstances. (2) An application under subsection (1) shall be made not more than 90 days after the new evidence becomes available or the material change in circumstances has occurred. (3) Where an application is made to the complaints authorization committee under subsection (1), and the committee is of the opinion that new evidence has become available or that a material change in circumstances has occurred, as alleged by a respondent, the matter shall be referred to an adjudication tribunal as if it were a matter referred under paragraph 38(6)(b) and sections 40 to 45 apply, with the necessary changes, to the referred matter. (4) The chairperson of the disciplinary panel shall, where it is possible and appropriate, appoint to the adjudication tribunal the same persons who constituted the adjudication tribunal that made the decision referred to in subsection (1). (5) The parties to a supplementary hearing under this section are the respondent and the college. (6) For the purpose of this section, in addition to an order that an adjudication tribunal may make under section 43, a tribunal may (a) vary the original decision or order made under section 43; or (b) discharge the original decision or order, with or without conditions. 2024 cP-12.3 s47 Back to Top Costs of the college 48. (1) Where a person who was ordered to pay the costs of the college under paragraph 42(2)(e) or 43(3)(e) fails to pay in the time required, the college may suspend the registration of that person until the costs are paid. (2) Costs ordered to be paid under paragraph 42(2)(e) or 43(3)(e) are a debt due the college and may be recovered by the college by a civil action. 2024 cP-12.3 s48 Back to Top Collection of fine 49. (1) Where an order is made under section 42 or 43 imposing a fine on a respondent, the college may issue a certificate stating the amount of the fine due and remaining unpaid and the name of the person by whom it is payable, and file the certificate with the Supreme Court. (2) Where a certificate is filed with the Supreme Court under subsection (1), it has the same effect and all proceedings may be taken on the certificate as if it were a judgment of the Supreme Court for the recovery of the amount stated in the certificate against the person named in the certificate. (3) A person named in a certificate filed under this section may, within 30 days after the certificate is filed, apply to a judge of the Supreme Court for a review, on a question of law or jurisdiction, of the certificate. (4) On an application under subsection (3), the judge may make any amendment to the certificate that is necessary to make the certificate accord with the judge’s decision. (5) There is no appeal from a decision of a judge made under this section. (6) A certificate filed under this section may also be filed in the judgment enforcement registry on the expiration of the 30 day period referred to in subsection (3) in accordance with Part III of the Judgment Enforcement Act and be enforced in accordance with that Act. 2024 cP-12.3 s49 Back to Top Appeal to Supreme Court 50. (1) The college or the respondent may, within 30 days after receiving notice of a decision or order of an adjudication tribunal under this Act, appeal the decision or order to the Supreme Court by filing a notice of appeal with the court. (2) An appeal under this section does not stay the decision or order being appealed unless the Supreme Court orders otherwise. 2024 cP-12.3 s50 PART V QUALITY ASSURANCE Back to Top Quality assurance program 51. (1) The college shall establish and maintain a quality assurance program to promote (a) high standards of practice within the pharmacy profession; (b) high standards of operation for pharmacies; (c) competence in the pharmacy profession; and (d) quality improvement. (2) The quality assurance program may include the following: (a) continuing professional development requirements for registrants; (b) reviews of a registrant’s practice by a quality assurance committee in response to a concern about the quality or competence of the registrant's practice; (c) routine assessment of a registrant’s practice; (d) routine assessment of pharmacies; and (e) other quality assurance and quality improvement initiatives approved by the board. 2024 cP-12.3 s51 Back to Top Quality assurance committee 52. (1) The board may appoint a committee known as the quality assurance committee consisting of a number of pharmacists and pharmacy technicians determined by the board and at least one person appointed to the board under subsection 9(1) or (2). (2) The quality assurance committee shall conduct a review of a registrant's practice where (a) the quality assurance committee receives a referral of a concern about the quality or competence of the registrant's practice from (i) the registrar, or (ii) the complaints authorization committee; or (b) the quality assurance committee determines that a review is necessary on its own accord. (3) The quality assurance committee may appoint persons to assist the quality assurance committee in performing its duties under this Act. (4) A person appointed under subsection (3) may (a) enter and inspect the premises where a registrant engages in the practice of pharmacy; (b) review a registrant's records of care administered to patients; (c) require the registrant to provide information respecting the clinical assessment and care of patients or records of care administered to patients; and (d) require a person at the premises to provide information relating to the subject matter of the quality assurance committee review. (5) A person appointed under subsection (3) shall report to the quality assurance committee . 2024 cP-12.3 s52 Back to Top Conduct of quality assurance committee review 53. (1) In connection with a quality assurance committee review, the quality assurance committee may (a) subpoena documents and records relating to the subject matter of the quality assurance committee review, including documents and records maintained in electronic form and patient records; (b) order a person to provide information relating to the subject matter of the quality assurance committee review orally or in writing; (c) order a registrant to undergo an evaluation, assessment or examination; (d) order a review of a registrant's practice, including any consequential review of patient records; (e) order periodic or random audits of aspects of a registrant's practice; (f) order a registrant to confer with the quality assurance committee; and (g) order a registrant to (i) obtain counselling, including substance use disorder counselling, until the registrant can demonstrate to the committee, or another body or a person designated by the committee, that a condition related to the counselling has been overcome, (ii) obtain medical treatment and authorize a person participating in the provision of that treatment to report on it to the committee, (iii) complete a course of study or an educational or training program, (iv) restrict the registrant's practice, (v) obtain supervised clinical experience as directed by the committee and to the satisfaction of the committee, (vi) continue the registrant's practice under conditions the committee may specify, or (vii) report compliance with an order of the committee and authorize a person to report to the committee on whether the registrant is complying with an order. (2) The quality assurance committee may accept the terms of an agreement entered into by the college and a registrant as constituting compliance by the registrant with a requirement or order imposed by the committee on the registrant under subsection (1). (3) Where a registrant fails to comply (a) with a requirement or an order of the quality assurance committee; or (b) with an agreement referred to in subsection (2) within the time required by the quality assurance committee for compliance, the quality assurance committee shall refer the failure to comply to the complaints authorization committee as an allegation. (4) An order of the quality assurance committee issued before it refers a matter to the complaints authorization committee under subsection (3) remains in effect notwithstanding the referral of the matter to the complaints authorization committee. (5) An action for damages does not lie against a registrant, or another person to whom a request is made, solely because the registrant or person provides information requested under paragraph (1)(a) or (b). (6) Where the quality assurance committee requires that a registrant or another person provide information under paragraph (1)(a) or (b), that information shall be provided within 7 days of receipt of the request or a different period as specified in the request. (7) The quality assurance committee or a person appointed by the quality assurance committee may access patient records without the consent of that patient. (8) All records and specific information relating to a quality assurance committee review are confidential. (9) Notwithstanding subsection (8), where subsection (3) applies, a member of the quality assurance committee shall provide all information and documents in the member's possession relating to a quality assurance committee review to the complaints authorization committee. (10) Paragraphs (1)(a) and (b) and subsections (5) to (8) apply to the Crown. 2024 cP-12.3 s53 Back to Top Routine assessments 54. (1) The college may appoint persons to conduct routine assessments of a registrant's practice or of a pharmacy. (2) In addition to a person appointed under subsection (1), t he registrar may conduct a routine assessment of a registrant's practice or of a pharmacy. (3) A person conducting a routine assessment may (a) enter and inspect the premises where the practice of pharmacy is carried out; (b) review records of care administered to patients; (c) require the registrant to provide information respecting the clinical assessment and care of patients or records of care administered to patients; (d) require the pharmacist in charge or the owner of the pharmacy to provide information respecting the implementation of standards of pharmacy operation and standards of practice; and (e) require the registrant, the pharmacist in charge or the owner of the pharmacy to confer with the college. (4) A registrant who is the subject of a routine assessment and a pharmacist in charge or an owner of a pharmacy that is the subject of a routine assessment shall cooperate fully with the college and a person appointed to conduct the routine assessment. (5) A person conducting a routine assessment may access patient records without the consent of that patient. (6) All records and specific information relating to a routine assessment or a recommendation arising from a routine assessment are confidential. 2024 cP-12.3 s54 Back to Top Report and compliance 55. (1) Upon completion of a routine assessment, the person conducting the routine assessment shall provide a report to the college and to (a) the registrant, where a registrant was assessed; (b) the pharmacist in charge or owner of a pharmacy, where a pharmacy was assessed; or (c) the registrant and the pharmacist in charge or owner of a pharmacy, where both a registrant and a pharmacy were assessed. (2) A report under subsection (1) may include remedial recommendations to the registrant, the pharmacist in charge or the owner of the pharmacy that was assessed. (3) Where a recommendation is made in a report under this section, the college may (a) direct one or more of the following to comply with the recommendation: (i) the registrant, (ii) the pharmacist in charge; or (iii) the owner of the pharmacy; and (b) direct that the registrant, pharmacy or both be reassessed. (4) Notwithstanding subsection 54(6), where a registrant or pharmacist in charge does not comply with a recommendation, the registrar may (a) refer the failure to comply to the complaints authorization committee as an allegation; and (b) provide all information and documents in the registrar’s possession relating to the routine assessment to the complaints authorization committee. 2024 cP-12.3 s55 Back to Top Costs 56. The costs incurred by a registrant, a pharmacist in charge or an owner of a pharmacy in implementing orders of the quality assurance committee, recommendations of a person who conducted a routine assessment or a direction of the college shall be paid by the registrant, pharmacist in charge or owner of the pharmacy, and shall not be a cost of the quality assurance committee or the college. 2024 cP-12.3 s56 PART VI INSPECTION AND COMPLIANCE Back to Top Inspectors 57. (1) The college or the registrar may designate persons or classes of persons to act as inspectors for the purpose of this Act and the regulations. (2) The registrar is an inspector for the purpose of this Act and the regulations. (3) A registrant, pharmacy owner or other person shall not interfere with, obstruct, attempt to obstruct, or fail to cooperate with, an inspector while the inspector is exercising powers or carrying out duties or functions under this Act. (4) A registrant, pharmacy owner or other person shall not knowingly make a false or misleading statement, either orally or in writing, to an inspector while the inspector is exercising powers or carrying out duties or functions under this Act. 2024 cP-12.3 s57 Back to Top Powers of inspectors 58. (1) An inspector may, at all reasonable times, for purposes related to the administration or enforcement of this Act, the regulations or the by-laws, inspect or examine the premises, operations, books and records of a person, licensed pharmacy or proposed pharmacy that the inspector may consider relevant for the purpose of determining compliance with this Act, the regulations, the by-laws or any standards of operation or pharmacy practice approved by the board. (2) An inspector may, without a warrant, (a) enter any premises (i) which is a licensed pharmacy or a proposed pharmacy, (ii) where the practice of pharmacy is carried out, (iii) where any property, books or records respecting the practice of pharmacy are or may be kept, or (iv) where anything is done or is suspected by the inspector of being done in connection with a requirement of this Act, the regulations, the by-laws or a standard of operation or pharmacy practice ; (b) inspect all records, facilities, equipment, drugs and supplies used or intended to be used in the practice of pharmacy; (c) examine and conduct tests on materials and substances that the inspector considers necessary and remove the materials or substances where necessary to conduct an examination or test ; (d) interview or request information from any employee or other person providing services in the operation of a pharmacy; (e) require from a registrant, pharmacy owner or other person information respecting the care of patients or records of care administered to patients; (f) access patient records without the consent of the patient; (g) make copies, extracts, photographs or videos the inspector considers necessary; (h) require a registrant, pharmacy owner or other person in charge of a premises to give the inspector all reasonable assistance, including the production of books and records as requested by the inspector, and to answer all questions relating to the administration or enforcement of this Act, the regulations, by-laws, or standard of operation or pharmacy practice and, for that purpose, require the registrant, pharmacy owner or other person to attend at the premises with the inspector; and (i) require a registrant, pharmacy owner or other person to make available the means to generate and manipulate books and records that are in machine readable or electronic form and any other means or information necessary for the inspector to assess the books and records. (3) An inspector may use audio-visual technology in conducting an inspection. (4) Notwithstanding subsections (1) and (2), an inspector shall not enter a dwelling-house without the consent of the occupant except under the authority of a warrant issued under section 60 or 61. 2024 cP-12.3 s58 Back to Top Order of inspector 59. (1) Where an inspector finds that a person, a pharmacy or a proposed pharmacy is not in compliance with a provision of this Act, the regulations, the by-laws or a standard of operation or pharmacy practice approved by the board, the inspector may order one or more of the following persons to take steps to ensure compliance with the provision or standard: (a) the person; (b) the pharmacist in charge; or (c) the pharmacy owner. (2) An inspector may require that an order under subsection (1) be carried out immediately or within the period of time that the inspector specifies. (3) An order under subsection (1) may include a direction that the pharmacy be closed until all persons subject to the order comply with the order to the satisfaction of the inspector. 2024 cP-12.3 s59 Back to Top Contravention of Act suspected 60. (1) Where, during the course of an inspection under section 58 or otherwise, an inspector believes on reasonable grounds that there has been a contravention of this Act or the regulations, the inspector may, with a warrant issued under subsection (2) or section 61, seize and take away anything that may provide evidence with respect to a suspected offence under this Act or the regulations as evidence of a contravention and may retain those things until the time they are required in a court proceeding. (2) A Provincial Court judge who is satisfied upon oath or affirmation that there are reasonable grounds for believing there is in or on a premises anything that may provide evidence with respect to a suspected offence under this Act or the regulations, may issue a warrant authorizing an inspector to enter the premises and to (a) search; (b) examine the contents of the premises and make those inquiries that the inspector considers necessary; and (c) copy, extract, photograph, video, seize and take away evidence, books and records, for the purpose of investigating the suspected offence. (3) A person shall not obstruct an inspector in the carrying out of the inspector's duties under this section as authorized by the warrant. 2024 cP-12.3 s60 Back to Top Telewarrant 61. (1) Where , in the opinion of an inspector it would not be practical to appear before a Provincial Court judge to apply for a warrant, the inspector may make the application by telephone or other means of telecommunication. (2) Where an inspector acts under the authority of a warrant obtained under this section, the inspector shall provide a facsimile of the warrant to the owner or person in charge of a premises present at the time the warrant is carried out. (3) In subsection (2), "facsimile" includes a record produced by electronic means or a written record of a telephone conversation made by both parties to the conversation while it is in progress and which the parties have confirmed as to its accuracy by reading their record of the conversation to one another at the end of the conversation. 2024 cP-12.3 s61 Back to Top Admissibility of documents 62. A copy or extract of a document or record related to an inspection purporting to be certified by the inspector is admissible in evidence in an action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original without proof of appointment, designation, authority or signature of the person purporting to have certified the copy. 2024 cP-12.3 s62 PART VII GENERAL Back to Top Duty to report 63. (1) A registrant who has knowledge, from direct observation or objective evidence, of conduct deserving of sanction of another registrant shall report the known facts to the registrar. (2) A person who dissolves a partnership or employment relationship with a registrant based on direct knowledge of the registrant's conduct deserving of sanction shall report the known facts to the registrar. (3) An action shall not be brought against a registrant, a person or a partnership for the sole reason that a registrant or person complied with this section. 2024 cP-12.3 s63 Back to Top Out of province prescriptions 64. A drug may be dispensed pursuant to a prescription authorized by a prescriber licensed to practice in a province or territory of Canada other than Newfoundland and Labrador if the pharmacist has taken reasonable steps to ensure that (a) the prescriber is licensed and practises in Canada; and (b) the prescriber belongs to a class of persons who, if licensed in Newfoundland and Labrador, would be entitled by law to prescribe in Newfoundland and Labrador. 2024 cP-12.3 s64 Back to Top Protection from liability 65. (1) An action for damages for an act, purported act or failure to act, for a proceeding initiated or carried out in good faith under this Act, for carrying out duties or obligations under this Act or any regulation or by-laws made under it or for a decision or order made or enforced in good faith under this Act, does not lie against (a) the minister; (b) the registrar or deputy registrar; (c) a member of the board; (d) an officer, employee or agent of the college or the board; (e) a person or committee designated by the college or the board; (f) the college; (g) the board; (h) the complaints authorization committee or a person appointed by the complaints authorization committee; (i) the disciplinary panel or an adjudication tribunal; (j) the quality assurance committee or a person appointed by the quality assurance committee; (k) a person appointed to conduct a routine assessment; (l) an inspector; or (m) the individual members of a body listed in this subsection. (2) An action for defamation shall not be founded on the publication of a communication that consists of or pertains to an allegation or complaint where the communication is published in the course of investigating the allegation or complaint or in the course of proceedings under Part IV. (3) An action does not lie against a person by reason only of the prescribing or dispensing of a substitute drug in accordance with Part III of the Pharmaceutical Services Act. 2024 cP-12.3 s65 Back to Top Disclosure of information 66. (1) The college may disclose information in its possession, including information that identifies the individual to whom it relates, to other bodies having authority to regulate health professionals. (2) The college, the complaints authorization committee and the quality assurance committee shall disclose information in their possession, including (a) information that identifies the individual to whom it relates; and (b) personal health information, for those purposes, in the manner and to those persons prescribed in the regulations. 2024 cP-12.3 s66 Back to Top Notices 67. (1) Notices and documents or copies of notices and documents required for the purpose of this Act to be sent to a person may be sent (a) by mailing them to the person by regular, registered or certified mail at the person's last known address; (b) by e-mailing them to the person at the person's last known e-mail address; or (c) by personal service on the person. (2) Proof of receipt of the notices, documents or copies by a person referred to in paragraph (1)(a) may be proved by production of the receipt from Canada Post. (3) A notice or demand sent by mail to a person is considered to be received by the person on the earlier of (a) the date the person receives the notice or demand; or (b) the eleventh day after the date the notice or demand was sent, except when postal services are not functioning. (4) A notice or demand sent by e-mail to the last known e-mail address of a person is considered to be received by the person on the day the e-mail is sent. 2024 cP-12.3 s67 Back to Top Compliance with request for information 68. (1) For the purpose of the administration of the Newfoundland and Labrador Prescription Drug Program, including for the purpose of processing, monitoring, verifying or reimbursing claims for payment under the program and program development and evaluation, and upon the request of an employee of the department authorized by the minister, a registrant shall provide the information that the employee requests with respect to prescription drugs prescribed to a resident of the province and received by that resident with the assistance of the Newfoundland and Labrador Prescription Drug Program. (2) An employee of the department authorized to do so by the minister may provide the information obtained under subsection (1) to an agent of the department approved by the minister who may use it for the purposes for which it was obtained on behalf of the minister. (3) The information requested under subsection (1) may include (a) prescriptions, patient records, notes and other documents held by the registrant; and (b) photocopies of the information referred to in paragraph (a). (4) An action for damages does not lie against a registrant or a pharmacy solely because the registrant provides the information requested under subsection (1). (5) A registrant is not guilty of professional misconduct solely because the registrant provided information requested under subsection (1). 2024 cP-12.3 s68 Back to Top Contravention 69. A pharmacist who contravenes Part III of the Pharmaceutical Services Act is considered to have committed professional misconduct for the purpose of Part IV of this Act. 2024 cP-12.3 s69 Back to Top Offence and penalties 70.

(1) A person, registrant, pharmacy owner, firm, partnership, corporation or association of persons who contravenes this Act, the regulations or the by-laws commits an offence and is liable on summary conviction (a) for the first offence, to a fine of not more than $2,000 or to imprisonment for a term of not more than 3 months or to both a fine and imprisonment; and (b) for a subsequent offence to a fine of not more than $4,000 or to imprisonment for a term of not more than 6 months or to both a fine and imprisonment. (2) Notwithstanding subsection (1), w here the college fails to comply with subsections 14(1), (2) or (4), the college is guilty of an offence and is liable on summary conviction to a fine of $1,000. (3) A prosecution under this section shall be commenced within 2 years after the commission of the alleged offence. 2024 cP-12.3 s70 Back to Top Regulations 71. The board may, with the approval of the minister, make regulations (a) excluding a drug that is included on a drug schedule referred to in subparagraph 2(z)(iii) from the definition of scheduled drug; (b) prescribing other registration requirements for registrants; (c) respecting practical training required for registration of pharmacists and pharmacy technicians; (d) prescribing requirements for renewal of a certificate of registration ; (e) prescribing the period of time that a certificate of registration is valid; (f) prescribing requirements for the purpose of subsection 26(5); (g) prescribing the requirements for the issuance and renewal of a licence; (h) prescribing the requirements that a pharmacist in charge shall satisfy when a pharmacy ceases to operate as a pharmacy; (i) respecting the scope of practice of registrants; (j) respecting the delegation of tasks under section 30; (k) prescribing the requirements for the designation of a pharmacist as a pharmacist in charge; (l) prescribing the duties of a pharmacist in charge; (m) respecting alternative dispute resolution for the purposes of Part IV and the procedure for that resolution; (n) the disclosure of information under section 66, including (i) the purpose for which information shall be disclosed, (ii) the manner and time periods in which information shall be disclosed, and (iii) the persons to whom information shall be disclosed; (o) defining a word or phrase used but not defined in this Act; and (p) generally to give effect to the purpose of this Act. 2024 cP-12.3 s71 PART VIII TRANSITIONAL, CONSEQUENTIAL, REPEAL AND COMMENCEMENT Back to Top Transitional 72. (1) The members of the board of directors of the Newfoundland and Labrador Pharmacy Board immediately before the coming into force of this Act shall continue as members of the board of directors of the college until reappointed or replaced. (2) The chairperson of the board of directors of the Newfoundland and Labrador Pharmacy Board immediately before the coming into force of this Act shall be the chairperson of the board of directors of the college until reappointed or replaced . (3) The members of the complaints authorization committee and the disciplinary panel immediately before the coming into force of this Act are continued as members until reappointed or replaced. (4) A complaint, discipline proceeding, quality assurance committee review and any assessment that was started but not concluded immediately before the coming into force of this Act shall be concluded under the former Act as if the former Act were still in force. 2024 cP-12.3 s72 Back to Top SNL2022 cF-01 Amdt. 73. Schedule A to the Fair Registration Practices Act is amended by deleting the words " Newfoundland and Labrador Pharmacy Board" and substituting the words "College of Pharmacy of Newfoundland and Labrador". 2024 cP-12.3 s73 Back to Top SNL2011 cM-4.02 Amdt. 74. Section 78 of the Medical Act, 2011 is amended by deleting the reference " Pharmacy Act, 2012 " wherever it appears and substituting the reference " Pharmacy Act, 2024 ". 2024 cP-12.3 s74 Back to Top SNL2019 cO-6.2 Amdt. 75. Subparagraph 2(l)(i) of the Opioid Damages and Health Care Costs Recovery Act is amended by deleting the reference " Pharmacy Act, 2012 " wherever it appears and substituting the reference " Pharmacy Act, 2024 ". 2024 cP-12.3 s75 Back to Top SNL2008 cP-7.01 Amdt. 76. (1) Subparagraph 2(1)(j)(xii) of the Personal Health Information Act is repealed and the following substituted: (xii) Pharmacy Act, 2024 , (2) Subparagraph 4(1)(g)(ii) of the Act is repealed and the following substituted: (ii) a pharmacy as defined in the Pharmacy Act, 2024 , (3) Paragraph 5(1)(h) of the Act is amended by deleting the reference " Pharmacy Act, 2012 " and substituting the reference " Pharmacy Act, 2024 ". 2024 cP-12.3 s76 Back to Top SNL2006 cP-12.01 Amdt. 77. (1) Paragraph 2(g) of the Pharmaceutical Services Act is amended by deleting the reference " Pharmacy Act, 2012 " and substituting the reference " Pharmacy Act, 2024 ". (2) Paragraph 2(o) of the Act is amended by deleting the words " person registered under the Pharmacy Act, 2012 " and substituting the words "pharmacist as defined in the Pharmacy Act, 2024 ". (3) Subsection 26(6) of the Act is amended by deleting the words "Newfoundland and Labrador Pharmacy Board continued under the Pharmacy Act " and substituting the words "College of Pharmacy of Newfoundland and Labrador continued under the Pharmacy Act, 2024 ". (4) Subsection 34(3) of the Act is amended by deleting the words "Newfoundland and Labrador Pharmacy Board" and substituting the words "College of Pharmacy of Newfoundland and Labrador". 2024 cP-12.3 s77 Back to Top SNL2017 cP-18.2 Amdt. 78. Subparagraph 2(1)(k)(iv) of the Prescription Monitoring Act is repealed and the following substituted: (iv) the College of Pharmacy of Newfoundland and Labrador, or 2024 cP-12.3 s78 Back to Top RSNL1990 cP-43 Amdt. 79. Schedule C to the Public Service Commission Act is amended by deleting the statutory appointment reference " Pharmacy Act, 2012 , subsections 6(1) and 36(4) with respect to ministerial appointments " and substituting the statutory appointment reference " Pharmacy Act, 2024 , subsection 9(1) and paragraph 35(4)(c)" . 2024 cP-12.3 s79 Back to Top SNL1993 cT-4.1 Amdt. 80. Paragraph 4.1(2)(a) of the Tobacco and Vapour Products Control Act is amended by deleting the reference "paragraph 2(l) of the Pharmacy Act, 2012 " and substituting the reference "paragraph 2(o) of the Pharmacy Act, 2024 ". 2024 cP-12.3 s80 Back to Top NLR 56/19 Amdt. 81. Paragraph 5(k) of the Automobile Insurance Regulations, 2019 under the Automobile Insurance Act is amended by deleting the reference " Pharmacy Act, 2012 " and substituting the reference " Pharmacy Act, 2024 ". 2024 cP-12.3 s81 Back to Top NLR 90/12 Amdt. 82. Paragraph 3.1(2)(b) of the Diagnostic and Therapeutic Drug Regulations, 2012 under the Optometry Act, 2012 is amended by deleting the words "Newfoundland and Labrador Pharmacy Board" and substituting the words " College of Pharmacy of Newfoundland and Labrador ". 2024 cP-12.3 s82 Back to Top NLR 114/96 Amdt. 83. Paragraph 18.1(6)(j) of the Pension Benefits Act Regulations under the Pension Benefits Act, 1997 is amended by deleting the reference " Pharmacy Act, 2012 " and substituting the reference " Pharmacy Act, 2024 ". 2024 cP-12.3 s83 Back to Top NLR 16/16 Amdt. 84. Paragraph 4(e) of the Pharmaceutical Services Audit and Recovery Regulations under the Pharmaceutical Services Act is amended by deleting the words "Newfoundland and Labrador Pharmacy Board" and substituting the words "College of Pharmacy of Newfoundland and Labrador". 2024 cP-12.3 s84 Back to Top NLR 104/09 Amdt. 85. Section 4 of the Pharmacy Network Regulations under the Personal Health Information Act is amended by deleting the words "Newfoundland and Labrador Pharmacy Board" and substituting the words "College of Pharmacy of Newfoundland and Labrador". 2024 cP-12.3 s85 Back to Top NLR 78/19 Amdt. 86. (1) Paragraph 2(g) of the Prescription Monitoring Regulations under the Prescription Monitoring Act is amended by deleting the reference " Pharmacy Act, 2012 " and substituting the reference " Pharmacy Act, 2024 ". (2) Subsection 4(1) of the regulations is amended by deleting the words "Newfoundland and Labrador Pharmacy Board" wherever they appear and substituting the words "College of Pharmacy of Newfoundland and Labrador". (3) Paragraph 7(1)(c) of the regulations is amended by deleting the words "Newfoundland and Labrador Pharmacy Board" and substituting the words "College of Pharmacy of Newfoundland and Labrador". 2024 cP-12.3 s86 Back to Top NLR 42/19 Amdt. 87. Paragraph 5(b) of the Public Health Protection and Promotion Regulations under the Public Health Protection and Promotion Act is amended by deleting the reference " Pharmacy Act, 2012 " and substituting the reference " Pharmacy Act, 2024 ". 2024 cP-12.3 s87 Back to Top SNL2012 cP-12.2 Rep. 88. The Pharmacy Act, 2012 is repealed. 2024 cP-12.3 s88 Back to Top Commencement 89. This Act comes into force on September 30, 2024 . 2024 cP-12.3 s89