On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 01/12/2010.
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.