PART VI
DISCIPLINARY AND HEALTH INQUIRIES
38.
—(1) For the purpose of enabling the Complaints Committees and Disciplinary Committees to be constituted in accordance with this Part, the Council shall appoint a panel, to be known as the Complaints Panel, consisting of —
(a)
not less than 5 members of the Council;
(b)
not less than 10 and not more than 40 registered pharmacists of at least 10 years’ standing who are not members of the Council; and
(c)
not less than 6 and not more than 40 lay persons nominated by the Minister.
(2) The term of office of a member of the Complaints Panel referred to in subsection (1)(a) shall expire at the end of his term of office as member of the Council, and a member of the Complaints Panel referred to in subsection (1)(b) or (c) shall be appointed for a term of 2 years; and any member of the Complaints Panel shall be eligible for reappointment.
(3) The Council may at any time remove from office any member of the Complaints Panel or fill any vacancy in its membership.
(4) The Council shall appoint a member of the Complaints Panel who is a member of the Council to be the chairman of the Complaints Panel.
39.
—(1) Any —
(a)
complaint made or information given to the Council on the conduct of a registered pharmacist in his professional capacity or of his improper act or conduct which brings disrepute to his profession;
(b)
information given to the Council on the conviction in Singapore or elsewhere of a registered pharmacist of any offence committed under this Act, the Health Products Act (Cap. 122D), the Medicines Act (Cap. 176), the Medicines (Advertisement and Sale) Act (Cap. 177), the Misuse of Drugs Act (Cap. 185), the Poisons Act (Cap. 234) or such other written law as may be prescribed;
(c)
information given to the Council on the conviction in Singapore or elsewhere of a registered pharmacist of any offence involving fraud or dishonesty, or implying a defect in character which makes him unfit for his profession; or
(d)
information given to the Council touching upon the physical or mental fitness of a registered pharmacist to practise as a pharmacist,
shall be in writing and shall be supported by such statutory declaration as the Council may require, except that no statutory declaration shall be required if the complaint or information is made or given by a public officer or an officer of the Council.
(2) The Council shall refer such complaint or information in subsection (1), other than a complaint or information touching on the matters referred to in section 25, to the chairman of the Complaints Panel.
(3) The Council may, on its own motion, refer any information on the conviction of a registered pharmacist of any offence implying a defect in character which makes him unfit for his profession to the chairman of the Complaints Panel.
(4) Where a registered pharmacist has been convicted in Singapore or elsewhere of an offence involving fraud or dishonesty or has contravened section 32(3) or 34, the Council shall, notwithstanding subsection (1) or (2), immediately refer the matter to a Disciplinary Committee under section 42.
(5) The chairman of the Complaints Panel may from time to time appoint from among members of the Complaints Panel one or more committees comprising —
(a)
a chairman of the committee who is also a member of the Council;
(b)
2 registered pharmacists, at least one of whom is not a member of the Council; and
(c)
a lay person,
each to be known as a Complaints Committee to inquire into any complaint or information mentioned in subsection (2) or (3).
(6) A Complaints Committee shall be appointed in connection with one or more matters or for a fixed period of time as the chairman of the Complaints Panel may think fit.
(7) Where any complaint or information mentioned in subsection (1)(a), (b) or (c) or (3) is referred to the chairman of the Complaints Panel, the chairman of the Complaints Panel shall lay the complaint or information before a Complaints Committee.
(8) Where any complaint or information mentioned in subsection (1)(d) is referred to the chairman of the Complaints Panel, the chairman of the Complaints Panel shall —
(a)
if he is satisfied, based on any information given in support of the complaint or information, that a formal inquiry is necessary to determine the physical or mental fitness of the registered pharmacist to practise, refer the complaint or information to the Health Committee; or
(b)
in any other case, lay the complaint or information before a Complaints Committee.
(9) The chairman of the Complaints Panel may at any time revoke the appointment of any Complaints Committee or may remove any member of a Complaints Committee or fill any vacancy in a Complaints Committee.
(10) No act done by or under the authority of a Complaints Committee shall be invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them.
(11) All the members of a Complaints Committee shall be present to constitute a quorum for a meeting of the Complaints Committee and any resolution or decision in writing signed by all the members of a Complaints Committee shall be as valid and effectual as if it had been made or reached at a meeting of the Complaints Committee where all its members were present.
(12) A Complaints Committee may meet for the purposes of its inquiry, adjourn and otherwise regulate the conduct of its inquiry as the members may think fit.
(13) The chairman of a Complaints Committee may at any time summon a meeting of the Complaints Committee.
(14) All members of a Complaints Committee present at any meeting thereof shall vote on any question arising at the meeting and such question shall be determined by a majority of votes and, in the case of an equality of votes, the chairman shall have a casting vote.
(15) A member of a Complaints Committee shall, notwithstanding that he has ceased to be a member of the Complaints Panel on the expiry of his term of office, be deemed to be a member of the Complaints Panel until such time as the Complaints Committee has completed its work.
(16) Any person who makes a complaint under this section which he knows to be false in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
40.
—(1) A Complaints Committee shall inquire into any complaint or information, or any information or evidence referred to in subsection (9), and complete its preliminary inquiry not later than 3 months from —
(a)
the date the complaint or information is laid before the Complaints Committee; or
(b)
the date the information or evidence referred to in subsection (9) is received by the Complaints Committee,
as the case may be.
(2) Where a Complaints Committee is of the opinion that it will not be able to complete its preliminary inquiry within the period specified in subsection (1) due to the complexity of the matter or serious difficulties encountered by the Complaints Committee in conducting its preliminary inquiry, the Complaints Committee may apply in writing to the chairman of the Complaints Panel for an extension of time to complete its inquiry and the chairman may grant such extension of time to the Complaints Committee as he thinks fit.
(3) For the purposes of any inquiry, a Complaints Committee may —
(a)
call upon or appoint any person it considers necessary to assist it in its investigations and deliberations;
(b)
require the production of any book, document, paper or other record which may be related to or be connected with the subject-matter of the inquiry for inspection by the Complaints Committee or the person appointed under paragraph (a) and for making copies thereof; and
(c)
require the registered pharmacist concerned to give all information in relation to any such book, document, paper or other record which may be reasonably required by the Complaints Committee or by the person so appointed.
(4) Any registered pharmacist or any other person who, without lawful excuse —
(a)
refuses or fails to produce to a Complaints Committee or to any person to whom the Complaints Committee may appoint for the purpose of the inquiry any book, document, paper or other record referred to in subsection (3); or
(b)
fails to give any such information relating thereto,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part thereof during which the offence continues after conviction.
(5) All such information, including such book, document, paper or other record used by the Complaints Committee in the course of its deliberations, shall be confidential and shall not be disclosed to any person including the registered pharmacist unless the Complaints Committee in its discretion thinks otherwise.
(6) The Complaints Committee may, at any time before it makes its findings, seek such legal advice as it thinks necessary.
(7) Where a Complaints Committee is of the opinion that a registered pharmacist should be called upon to answer any allegation made against him, the Complaints Committee shall serve on him —
(a)
copies of any complaint and any statutory declaration or affidavit that has been made in support of the complaint; or
(b)
any information and any statutory declaration or any affidavit that has been made in support of the information,
and a notice inviting the registered pharmacist, within such period (not being less than 21 days) as may be specified in the notice, to give to the Complaints Committee any written explanation he may wish to offer.
(8) The registered pharmacist concerned shall not have the right to be heard by the Complaints Committee, whether in person or by counsel, unless the Complaints Committee in its absolute discretion otherwise allows.
(9) Where, in the course of its inquiry, a Complaints Committee receives information touching on or evidence of the conduct or physical or mental fitness of the registered pharmacist concerned which may give rise to proceedings under this Part, the Complaints Committee may, after giving notice to him, decide on its own motion to inquire into that matter.
(10) Where the complainant withdraws his complaint before —
(a)
the Council has referred the complaint to a Complaints Committee or the Health Committee under this Part; or
(b)
the conclusion of the inquiry by a Complaints Committee, Disciplinary Committee or the Health Committee,
the Council may, notwithstanding such withdrawal —
(i)
refer the complaint to a Complaints Committee or the Health Committee; or
(ii)
direct a Complaints Committee, Disciplinary Committee or the Health Committee to continue the inquiry and the Complaints Committee, the Disciplinary Committee or the Health Committee, as the case may be, shall comply with the direction and all future proceedings thereon shall be taken as if the complaint had been made by the Council.
(11) Any member of the Council who is employed in the Ministry of Health shall not be disqualified from being a member of a Complaints Committee, Disciplinary Committee or the Health Committee by reason only that he or the complainant is so employed.
41.
—(1) Upon due inquiry into the complaint or information, or any information or evidence referred to in section 40(9), a Complaints Committee shall —
(a)
if it is of the view that no formal inquiry is necessary —
(i)
order that the registered pharmacist be issued with a letter of advice;
(ii)
order that the registered pharmacist be warned;
(iii)
order that the complaint or matter be dismissed; or
(iv)
make such other order as it thinks fit; or
(b)
if it is of the view that a formal inquiry is necessary —
(i)
order that an inquiry be held by the Health Committee; or
(ii)
order that an inquiry be held by a Disciplinary Committee.
(2) Where a Complaints Committee determines that a formal inquiry is necessary, it shall order that the inquiry be held by the Health Committee if the complaint, information or evidence touches upon the physical or mental fitness of the registered pharmacist to practise.
(3) Where a Complaints Committee has made an order for a formal inquiry to be held by a Disciplinary Committee, the Council shall immediately appoint a Disciplinary Committee which shall hear and investigate the complaint or matter.
(4) Where a Complaints Committee has ordered that a letter of advice be issued, the chairman of the Complaints Committee shall issue a letter of advice in such terms as it thinks fit.
(5) A Complaints Committee shall notify the registered pharmacist concerned and the person who made the complaint or gave the information under section 39(1) of its decision under subsection (1) and, if it makes an order under subsection (1)(a), the reason for making the order.
(6) Any registered pharmacist who is aggrieved by any order of a Complaints Committee under subsection (1)(a) may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision shall be final.
(7) Where the person who has made the complaint or given the information to the Council is dissatisfied with any order of a Complaints Committee under subsection (1)(a), he may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision shall be final.
(8) The Minister may make —
(a)
an order affirming the determination of a Complaints Committee;
(b)
an order directing the Council to immediately appoint a Disciplinary Committee to hear and investigate the complaint or matter;
(c)
an order directing that an inquiry into the matter be held by the Health Committee; or
(d)
such other order as he thinks fit.
(9) Every Complaints Committee shall immediately report to the Council its findings and the order or orders made.
42.
—(1) The Council may from time to time appoint, from among members of the Complaints Panel, one or more committees comprising —
(a)
not less than 3 registered pharmacists of at least 10 years’ standing of whom at least 2 shall be members of the Council; and
(b)
one observer who is a lay person,
each to be known as a Disciplinary Committee to inquire into —
(i)
any matter in respect of which the Minister or a Complaints Committee has under section 41 ordered that a formal inquiry be held; or
(ii)
any matter referred to it under section 39(4).
(2) A member of a Complaints Committee inquiring into any matter concerning a registered pharmacist shall not be a member of a Disciplinary Committee inquiring into the same matter.
(3) The member of a Disciplinary Committee who is an observer shall not vote on any question or matter to be decided by the Disciplinary Committee and need not be present at every meeting of the Disciplinary Committee.
(4) A Disciplinary Committee may be appointed in connection with one or more matters or for a fixed period of time as the Council thinks fit.
(5) The Council may at any time —
(a)
revoke the appointment of any Disciplinary Committee;
(b)
remove any member of a Disciplinary Committee; or
(c)
fill any vacancy in a Disciplinary Committee.
(6) No act done by or under the authority of a Disciplinary Committee shall be invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them.
(7) Except as provided by subsection (3) —
(a)
all members of a Disciplinary Committee shall be personally present to constitute a quorum for the transaction of any business; and
(b)
all members of a Disciplinary Committee present at any meeting thereof shall vote on any question arising at the meeting and such question shall be determined by a majority of votes and, in the case of an equality of votes, the chairman shall have a casting vote.
(8) The Council shall appoint a member of a Disciplinary Committee who is a registered pharmacist to be the chairman of the Disciplinary Committee.
43.
—(1) A Disciplinary Committee shall meet from time to time to inquire into any matter referred to it by the Council and may regulate its own procedure.
(2) A member of a Disciplinary Committee shall, notwithstanding that he has ceased to be a member of the Council or Complaints Panel on the expiry of his term of office, continue to be a member of the Disciplinary Committee until such time the Disciplinary Committee has completed its work.
(3) The registered pharmacist may appear in person or be represented by counsel.
(4) A Disciplinary Committee shall not be bound to act in any formal manner and shall not be bound by the provisions of the Evidence Act (Cap. 97) or by any other written law relating to evidence but may inform itself on any matter in such manner as it thinks fit.
(5) A Disciplinary Committee may, for the purpose of any proceedings before it, administer oaths and any party to the proceedings may sue out subpoenas to testify and to produce documents.
(6) The subpoenas referred to in subsection (5) shall be served and may be enforced as if they were subpoenas issued in connection with a civil action in the High Court.
(7) Any person giving evidence before a Disciplinary Committee shall be legally bound to tell the truth.
(8) Witnesses shall have the same privileges and immunities in relation to hearings before a Disciplinary Committee as if they were proceedings in a court of law.
(9) A Disciplinary Committee shall carry out its work expeditiously and may apply to the Council for an extension of time and for directions to be given to the Disciplinary Committee if the Disciplinary Committee fails to make its finding and order within 6 months from the date of its appointment.
(10) When an application for extension of time has been made under subsection (9), the Council may grant an extension of time for such period as it thinks fit.
(11) In sections 172, 173, 174, 175, 177, 179, 182 and 228 of the Penal Code (Cap. 224), “public servant” shall be deemed to include a member of a Disciplinary Committee taking part in any investigation under this section, and in sections 193 and 228 of the Penal Code, “judicial proceeding” shall be deemed to include any such investigation.
44.
—(1) Where, in the course of inquiring into the case of a registered pharmacist, it appears to a Disciplinary Committee that his fitness to practise may be impaired by reason of his physical or mental condition, the Disciplinary Committee may refer that question to the Health Committee for determination.
(2) If, on a reference under this section, the Health Committee determines that the fitness of the registered pharmacist to practise is not impaired by reason of his condition, the Health Committee shall certify its opinion to the Disciplinary Committee.
(3) If, on a reference under this section, the Health Committee determines that the fitness of the registered pharmacist to practise is impaired by reason of his condition, the Health Committee shall —
(a)
certify its opinion to the Disciplinary Committee; and
(b)
proceed to dispose of the case,
and the Disciplinary Committee shall cease to exercise its function in relation to the case.
45.
—(1) A Disciplinary Committee may exercise one or more of the powers referred to in subsection (2) where a registered pharmacist is found or judged by the Disciplinary Committee —
(a)
to have been convicted in Singapore or elsewhere of an offence under any of the written laws referred to in section 39(1)(b);
(b)
to have been convicted in Singapore or elsewhere of an offence involving fraud or dishonesty, or implying a defect in character which makes him unfit for his profession;
(c)
to be guilty of such improper act or conduct which, in the opinion of the Council, brings disrepute to his profession;
(d)
to be guilty of professional misconduct;
(e)
to have contravened section 32(3) or 34(1).
(2) The powers that the Disciplinary Committee may exercise for the purposes of subsection (1) are as follows:
(a)
by order direct the Registrar to remove the name of the registered pharmacist from the appropriate register;
(b)
by order suspend the registration of the registered pharmacist in the appropriate register for a period of not less than 3 months but not more than 3 years;
(c)
by order impose conditions as necessary to restrict the practice of the registered pharmacist in the manner that the Disciplinary Committee considers appropriate for a period not exceeding 3 years;
(d)
by order impose on the registered pharmacist a penalty not exceeding $50,000;
(e)
by writing censure the registered pharmacist;
(f)
issue a letter of advice or warning to the registered pharmacist;
(g)
by order require the registered pharmacist to give an undertaking that the Disciplinary Committee considers appropriate to abstain from the conduct complained of in future; and
(h)
make such other order as the Disciplinary Committee considers appropriate.
(3) In any proceedings instituted under this Part against a registered pharmacist consequent upon his conviction for a criminal offence, a Disciplinary Committee and the High Court on appeal from any order of the Disciplinary Committee shall accept his conviction as final and conclusive.
(4) Where a registered pharmacist is not found or judged by the Disciplinary Committee to have been convicted or guilty of any matter referred to in subsection (1), the Disciplinary Committee shall dismiss the complaint or matter.
(5) The Registrar shall serve on the registered pharmacist concerned and the person who made the complaint or gave the information, if any, a notice of the order made by the Disciplinary Committee.
(6) A Disciplinary Committee may under subsection (2) order the registered pharmacist concerned to pay to the Council such sums as it thinks fit in respect of the costs and expenses of and incidental to any proceedings before the Disciplinary Committee and, where applicable, an Interim Orders Committee.
(7) The High Court shall have jurisdiction to tax such costs referred to in subsection (6) and any such order for costs made shall be enforceable as if it were ordered in connection with a civil action in the High Court.
(8) The Disciplinary Committee in ordering that costs be paid by the registered pharmacist under this section may certify that costs for more than one solicitor be paid if it is satisfied that the issues involved in the proceedings are of sufficient complexity, and the certification by the Disciplinary Committee shall have the same effect as if it were a certification by a Judge in a civil action in the High Court.
(9) The costs and expenses referred to in subsection (6) shall include —
(a)
the costs and expenses of any assessor and advocate and solicitor appointed by the Council for proceedings before the Disciplinary Committee and the Interim Orders Committee;
(b)
such reasonable expenses as the Council may pay to witnesses; and
(c)
such reasonable expenses as are necessary for the conduct of proceedings before the Disciplinary Committee and the Interim Orders Committee.
46.
—(1) Where a registered pharmacist in respect of whom an order is made under section 45(2)(c), or an order for interim restricted registration is made under section 54(1)( b) or 56(1)(d), is judged by a Disciplinary Committee (whether, in the case of an order under section 45(2)(c), it is the Disciplinary Committee that made the order or another Disciplinary Committee appointed in its place) to have failed to comply with any of the requirements imposed on him as conditions of his registration, the Disciplinary Committee may, if it thinks fit, order —
(a)
that his name be removed from the appropriate register; or
(b)
that his registration in the appropriate register be suspended for such period not exceeding 12 months as may be specified in the order.
(2) Where a Disciplinary Committee has made an order for suspension under subsection (1)(b) or section 45(2)(b), the Disciplinary Committee may order that the registration of the person whose registration is suspended shall, as from the expiry of the current period of suspension, be restricted in such manner as it thinks fit for a period not exceeding 3 years.
(3) Where a Disciplinary Committee has made an order for suspension under subsection (1)(b) or section 45(2)(b) against a person and that person has failed to comply with that order, the Disciplinary Committee or another Disciplinary Committee appointed in its place may, if it thinks fit, order —
(a)
that his name be removed from the appropriate register; or
(b)
that, from the expiry of the current period of suspension, his registration in the appropriate register be restricted in such manner as it thinks fit for a period not exceeding 3 years.
(4) Where a Disciplinary Committee has made an order under section 45(2)(c), the Disciplinary Committee or another Disciplinary Committee appointed in its place may revoke the order or revoke or vary any of the conditions imposed by the order.
(5) Subsection (1) shall apply to a registered pharmacist whose registration is subject to conditions imposed by an order made under subsection (2) or (3) as it applies to a registered pharmacist whose registration is subject to conditions imposed by an order for restricted registration made under section 45(2)(c), and subsection (4) shall apply accordingly.
(6) Where a Disciplinary Committee has made an order or has varied the conditions imposed by an order under this section, the Registrar shall immediately serve on the person to whom the order applies a notice of the order or the variation.
(7) Subject to subsection (8), an order made by a Disciplinary Committee for the removal of any name or for suspension of registration under subsection (1) or (3) or section 45(2) shall not take effect until the expiration of 30 days after the order is made.
(8) On making an order for the removal of any name or for suspension of registration under subsection (1) or (3) or section 45(2), a Disciplinary Committee, if satisfied that to do so is necessary for the protection of members of the public or would be in the best interests of the registered pharmacist concerned, may order that his registration in the appropriate register be suspended or that his name be removed from the appropriate register immediately.
(9) Where an order under subsection (8) is made, the Registrar shall immediately serve a notice of the order on the person to whom it applies and if that person was present or represented at the proceedings of the Disciplinary Committee, the order shall take effect from the time the order is made.
(10) Where the person concerned is neither present nor represented at the proceedings of the Disciplinary Committee, the order made under subsection (8) shall take effect from the time of service of the notice of the order on him.
(11) An order of a Disciplinary Committee, other than an order for the removal of any name or for suspension of registration under subsection (1) or (3) or section 45(2), shall take effect from the time the order is made.
(12) While any order of suspension of registration remains in force, the person concerned shall not be regarded as being registered under this Act notwithstanding that his name still appears in the appropriate register, but immediately on the expiry of such order his rights and privileges as a registered pharmacist shall be revived as from the date of such expiry provided that the pharmacist has complied with all the terms of the order.
47.
—(1) Any person aggrieved by a decision of the Disciplinary Committee referred to in section 45(2) or (4) or 46 may, within 30 days after the service on him of the notice of the order, appeal to the High Court against the order.
(2) There shall be no appeal from the decision of the High Court.
(3) In any appeal to the High Court against a decision referred to in section 45(2) or (4) or 46, the High Court shall accept as final and conclusive any finding of the Disciplinary Committee relating to any issue of ethics or standards of professional conduct unless such finding is in the opinion of the High Court unsafe, unreasonable or contrary to the evidence.
(4) Notwithstanding anything in section 45 or 46, where a person has appealed to the High Court against an order referred to in section 45(2) or 46, the order shall not take effect unless the order is confirmed by the High Court or the appeal is for any reason dismissed by the High Court or withdrawn.
48.
—(1) Where the name of a pharmacist has been removed from an appropriate register pursuant to an order made by a Disciplinary Committee under section 45 or 46, the Council may, upon application by the pharmacist and subject to such conditions as it thinks fit, direct that his name be restored to the appropriate register.
(2) No application for the restoration of a name to an appropriate register under this section shall be made to the Council —
(a)
before the expiration of 3 years from the date of the removal of the name;or
(b)
more than once in any period of 12 months by or on behalf of the pharmacist,
and unless the pharmacist has complied with all the terms of the order made against him.
49. Where any breach of any written law is disclosed to the Disciplinary Committee in the course of an inquiry, the Disciplinary Committee may, in its discretion, report the breach to the appropriate authorities.
50.
—(1) There shall be a committee to be known as the Health Committee comprising not less than 3 members of the Council to be appointed by the Council which shall inquire into any case referred to it under this Act.
(2) A member of the Health Committee shall be appointed for a period of 2 years and shall be eligible for reappointment.
51.
—(1) Where the Health Committee is satisfied that the fitness of the registered pharmacist to practise as a pharmacist is impaired by reason of his physical or mental condition, the Health Committee may exercise one or more of the following powers:
(a)
order that he pays to the Council the costs and expenses of and incidental to the inquiry by the Health Committee and, where applicable, an Interim Orders Committee, including the costs and expenses of any medical examination incurred by the Council and of the medical assessor in respect of the inquiry;
(b)
order that his registration as a pharmacist be suspended for such period not exceeding 12 months as may be specified in the order;
(c)
order that his registration as a pharmacist be conditional upon his compliance, during such period not exceeding 3 years as may be specified in the order, with such requirements so specified as the Health Committee thinks fit to impose for the protection of members of the public or in his interests (referred to in this Part as restricted registration);
(d)
recommend to the Council that his name be removed from the appropriate register.
(2) An order referred to in subsection (1)(a) shall be enforceable as if it were ordered in connection with a civil action in the High Court.
(3) Where a registered pharmacist in respect of whom an order for restricted registration is made under subsection (1)(c), or an order for interim restricted registration is made under section 54(1)(b) or 56(1)(d), is judged by the Health Committee to have failed to comply with any of the requirements imposed on him as conditions of his registration, the Health Committee may, if it thinks fit, order that his registration in the appropriate register be suspended for such period not exceeding 12 months as may be specified in the order.
(4) Where the Council accepts the recommendation of the Health Committee under subsection (1)(d), the Council shall by order direct that the name of the registered pharmacist be removed from the appropriate register and that order shall take effect from the date the order is made.
(5) Where the Health Committee has made an order for suspension under subsection (1) or (3), the Health Committee may order that the registration of the person whose registration is suspended shall, as from the expiry of the current period of suspension, be a restricted registration.
(6) Where the Health Committee has made an order for suspension under subsection (1) or (3) against a person and that person has failed to comply with that order, the Health Committee may, if it thinks fit —
(a)
make a recommendation referred to in subsection (1)(d) to the Council, and subsection (4) shall apply accordingly; or
(b)
order that, from the expiry of the current period of suspension, his registration in the appropriate register be restricted in such manner as it thinks fit for a period not exceeding 3 years.
(7) Where the Health Committee has made an order for restricted registration, the Health Committee may revoke the order or revoke or vary any of the conditions imposed by the order.
(8) Subsection (3) shall apply to a registered pharmacist whose registration is subject to conditions imposed by an order for restricted registration made under subsection (5) or (6) as it applies to a registered pharmacist whose registration is subject to conditions imposed by an order for restricted registration made under subsection (1)(c), and subsection (7) shall apply accordingly.
(9) Where the Health Committee has —
(a)
made an order under this section for suspension or for restricted registration, including an order for extending a period of suspension or a period of restricted registration; or
(b)
varied the conditions imposed by a direction for restricted registration,
the Registrar shall immediately serve on the person to whom the order applies a notice of the order or of the variation.
(10) While a person’s registration in the appropriate register is suspended by virtue of this section, he shall be treated as not being registered in that register notwithstanding that his name still appears in it.
(11) Sections 42(5), (6) and (7) and 43 shall apply, with the necessary modifications, to the Health Committee and references to a Disciplinary Committee shall be read as references to the Health Committee.
(12) Any person who is aggrieved by any order or any variation of the conditions imposed by an order for restricted registration made by the Health Committee under this section may, within 30 days of the service on him of the notification of the order, appeal to the Minister whose decision shall be final.
(13) Any order or any variation of the conditions imposed by an order for restricted registration made by the Health Committee shall take effect from the time the order or variation is made unless the Minister decides otherwise.
52.
—(1) Where the name of a person has been removed from an appropriate register on the recommendation of the Health Committee under section 51, the Council may, upon application by the person, if it thinks fit, direct that his name be restored to the appropriate register.
(2) No application under subsection (1) shall be made to the Council more than once in any period of 12 months by or on behalf of the pharmacist.
(3) No application under subsection (1) shall be made to the Council by or on behalf of the pharmacist unless the pharmacist has complied with all the terms of the order made against him.
53.
—(1) The Council may, from time to time, appoint one or more committees comprising 3 of its members, each to be known for the purposes of this Act as an Interim Orders Committee, to inquire into any matter referred by the Council under subsection (3).
(2) An Interim Orders Committee may be appointed in connection with one or more matters or for a fixed period of time.
(3) The chairman of the Complaints Panel, a Complaints Committee, a Disciplinary Committee or the Health Committee may refer any complaint or information to the Council for the purpose of determining if an order should be made under section 54; and the Council shall refer the complaint or information to an Interim Orders Committee for this purpose.
(4) A member of a Complaints Committee or Disciplinary Committee inquiring into any matter shall not be a member of an Interim Orders Committee inquiring into or reviewing that matter.
(5) A member of an Interim Orders Committee inquiring into or reviewing any matter shall not be a member of a Complaints Committee or Disciplinary Committee inquiring into that matter, or take part in any deliberation of the Council under section 51(4) in respect of that matter.
(6) Neither the chairman of the Complaints Panel nor any member of the Health Committee shall be a member of an Interim Orders Committee.
(7) All members of an Interim Orders Committee shall vote on any question arising at a meeting of the Interim Orders Committee and such question shall be determined by a majority of votes.
(8) A member of an Interim Orders Committee which has commenced any inquiry or review of any case shall, notwithstanding that he has ceased to be a member of the Council, continue to be a member of the Interim Orders Committee until the completion of that inquiry or review.
54.
—(1) Where, upon due inquiry into any complaint or information referred to it, an Interim Orders Committee is satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of a registered pharmacist, for his registration to be suspended or to be made subject to conditions, the Interim Orders Committee may make an order —
(a)
that his registration in the appropriate register be suspended for such period not exceeding 18 months as may be specified in the order (referred to in this Part as an interim suspension order); or
(b)
that his registration be conditional on his compliance, during such period not exceeding 18 months as may be specified in the order, with such requirements so specified as the Interim Orders Committee thinks fit to impose (referred to in this Part as an order for interim restricted registration).
(2) The Registrar shall immediately serve a notification of the order under subsection (1) on the registered pharmacist.
55.
—(1) Subject to subsection (2), where an Interim Orders Committee has made an order under section 54, the Interim Orders Committee or another Interim Orders Committee appointed in its place —
(a)
shall review it within the period of 6 months beginning on the date on which the order was made, and shall thereafter, for so long as the order continues in force, further review it before the end of the period of 3 months beginning on the date of the decision of the immediately preceding review; and
(b)
may review it where new evidence relevant to the order has become available after the making of the order.
(2) Where the High Court has extended the order under section 58(2) or an Interim Orders Committee has made a replacement order under section 56(1)(c) or (d), the first review after such extension or making of the replacement order shall take place —
(a)
if the order (or the order which has been replaced) had not been reviewed under subsection (1), within the period of 6 months beginning on the date on which the High Court ordered the extension or on which the replacement order was made, as the case may be; or
(b)
if it had been reviewed under subsection (1), within the period of 3 months beginning on the date on which the High Court ordered the extension or on which the replacement order was made.
56.
—(1) Where an interim suspension order or an order for interim restricted registration has been made under this section or section 54 in relation to any person, the Interim Orders Committee that made the order or another Interim Orders Committee appointed in its place may, either upon its review referred to in section 55 or upon the recommendation of a Complaints Committee, a Disciplinary Committee or the Health Committee —
(a)
revoke the order or revoke any condition imposed by the order;
(b)
make an order varying any condition imposed by the order;
(c)
if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the registered pharmacist concerned, or that the registered pharmacist has not complied with any requirement imposed as a condition of his registration in the order for interim restricted registration, replace that order with an interim suspension order having effect for the remainder of the period of the former; or
(d)
if satisfied that the public interest or the interests of the registered pharmacist concerned would be more adequately served by an order for interim restricted registration, replace the interim suspension order with an order for interim restricted registration having effect for the remainder of the period of the former.
(2) The Registrar shall immediately serve a notification of the decision under subsection (1) on the registered pharmacist.
57.
—(1) No order under section 54 or 56(1)(b), (c) or (d) shall be made by an Interim Orders Committee in respect of any registered pharmacist unless he has been afforded an opportunity of appearing before the Interim Orders Committee and being heard on the question whether such an order should be made in his case.
(2) For the purposes of subsection (1), the registered pharmacist may be represented before the Interim Orders Committee by counsel.
(3) Regulations made for the purposes of an Interim Orders Committee may include provision securing that the registered pharmacist in respect of whom an interim suspension order or an order for interim restricted registration has been made shall, if he so requires, be entitled to be heard by the Interim Orders Committee on each occasion on which it reviews the order, and be represented by counsel during such review.
58.
—(1) The Council may apply to the High Court for an order made under section 54 or 56(1)(c) or (d) to be extended, and may apply again for further extensions.
(2) On such an application, the High Court may extend (or further extend) for up to 12 months the period for which the order has effect.
(3) The High Court may, on application by the registered pharmacist concerned —
(a)
in the case of an interim suspension order, revoke the order;
(b)
in the case of an order for interim restricted registration, revoke the order or vary any condition imposed by the order; and
(c)
in either case, substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when it was made (or in the order extending it).
59.
—(1) An interim suspension order or an order for interim restricted registration shall be in force until —
(a)
the end of the period specified in the order or, if extended under section 58(2), in the order extending it; or
(b)
the date on which proceedings are concluded,
whichever is the earlier.
(2) For the purposes of subsection (1)(b), proceedings are concluded if —
(a)
the Complaints Committee inquiring into the complaint or information has made an order under section 41(1)(a) and —
(i)
no appeal to the Minister under section 41(6) or (7) was made against that decision within the period specified in that section or such an appeal was withdrawn; or
(ii)
the Minister made an order under section 41(8)(a) or (c);
(b)
the Disciplinary Committee inquiring into the complaint or information has made an order under section 45(2) which has taken effect, or has dismissed the complaint or matter under section 45(4); or
(c)
the Health Committee has made an order under section 51(1) which has taken effect, the Council has made an order under section 51(4) which has taken effect, or the Health Committee has dismissed the complaint or matter,
as the case may be.
60.
—(1) While a person’s registration in the appropriate register is suspended by virtue of an interim suspension order, he shall not be regarded as being registered notwithstanding that his name still appears in that register.
(2) Immediately upon the expiry or revocation of the order, the person’s rights and privileges as a registered pharmacist shall be revived from the date of such expiry or revocation, provided that he has complied with all the terms of the order.
(3) For the avoidance of doubt, the provisions of this Part shall, where relevant, continue to apply to a person whose registration in the appropriate register is suspended by virtue of an interim suspension order.
61. For the purposes of an inquiry under this Part by a Disciplinary Committee, the Health Committee or an Interim Orders Committee, the Council may appoint an advocate and solicitor and pay him, as part of the expenses of the Council, such remuneration as the Council may determine.