Pharmacy Act, 1991, S.O. 1991, c. 36, Pharmacy Act, 1991
Pharmacy Act, 1991
S.O. 1991, CHAPTER 36
Consolidation Period: From May 18, 2023 to the .
Last amendment: .
Legislative History: 1998, c. 18, Sched. G, s. 41; ; ; ; .
Definitions
1 In this Act,
鈥淐ollege鈥 means the 澳门永利 College of Pharmacists; (鈥淥rdre鈥)
鈥淗ealth Professions Procedural Code鈥 means the Health Professions Procedural Code set out in Schedule 2 to the Regulated Health Professions Act, 1991; (鈥淐ode des professions de la sant茅鈥)
鈥渕ember鈥 means a member of the College; (鈥渕embre鈥)
鈥減rofession鈥 means the profession of pharmacy; (鈥減rofession鈥)
鈥渢his Act鈥 includes the Health Professions Procedural Code. (鈥渓a pr茅sente loi鈥)听 1991, c.听36, s.听1.
Health Professions Procedural Code
2 (1) The Health Professions Procedural Code shall be deemed to be part of this Act.
Terms in Code
(2) In the Health Professions Procedural Code as it applies in respect of this Act,
鈥淐ollege鈥 means the 澳门永利 College of Pharmacists; (鈥渙rdre鈥)
鈥渉ealth profession Act鈥 means this Act; (鈥渓oi sur une profession de la sant茅鈥)
鈥減rofession鈥 means the profession of pharmacy; (鈥減rofession鈥)
鈥渞egulations鈥 means the regulations under this Act. (鈥渞猫glements鈥)
Definitions in Code
(3) Definitions in the Health Professions Procedural Code apply with necessary modifications to terms in this Act. 1991, c.听36, s.听2.
Scope of practice
3 The practice of pharmacy is,
(a)听 the custody, compounding, dispensing and prescribing of drugs;
(b)听 the provision of health care aids and devices;
(c)听 the provision of information and education related to the use of anything mentioned in clauses (a) and (b);
(d)听 the promotion of health, prevention and treatment of disease, disorders and dysfunctions through monitoring and management of medication therapy; and
(e)听 the assessment of conditions for the purposes of providing medication therapies. 2009, c.听26, s.听21 (1); 2023, c. 4, Sched. 2, s. 11.
Section Amendments with date in force (d/m/y)
- 15/12/2009
- 18/05/2023
Authorized acts
4 (1) In the course of engaging in the practice of pharmacy, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following:
1.听 Dispensing, selling or compounding a drug or supervising the part of a pharmacy where drugs are kept.
2.听 Administering, by injection or inhalation, a substance specified in the regulations.
3.听 Prescribing a drug specified in the regulations.
4.听 Prescribing a drug, other than a drug mentioned in paragraph 3, in accordance with the regulations.
5.听 Performing a procedure on tissue below the dermis.听 2009, c.听26, s.听21 (2).
Additional requirements for authorized acts
(2) A member is not authorized to perform a procedure under the authority of paragraph 2, 3, 4 or 5 of subsection (1) unless the member performs the procedure in accordance with requirements established by the regulations.听 2009, c.听26, s.听21 (2).
Professional misconduct
(3) In addition to the grounds set out in subsection 51 (1) of the Health Professions Procedural Code, a panel of the Discipline Committee shall find that a member has committed an act of professional misconduct if the member contravenes subsection (2).听 2009, c.听26, s.听21 (2).
Section Amendments with date in force (d/m/y)
2009, c. 26, s. 21 (2) - 15/12/2009
College continued
5 The College is continued under the name 澳门永利 College of Pharmacists in English and Ordre des pharmaciens de l鈥櫚拿庞览 in French.听 1991, c.听36, s.听5.
Additional objects
6 In addition to the objects of the College set out in subsection 3听(1) of the Health Professions Procedural Code, the College has the following objects:
1.听 To regulate drugs and pharmacies under the Drug and Pharmacies Regulation Act.
1.1听 To exercise the powers and duties of the College under the Drug Interchangeability and Dispensing Fee Act.
2.听 To develop, establish and maintain standards of qualification for persons to be issued certificates of accreditation.听 1991, c.听36, s.听6; 2009, c.听26, s.听21 (3).
Section Amendments with date in force (d/m/y)
- 15/12/2009
Council
7 (1) The Council shall be composed of,
(a)听 at least nine and no more than 17 persons who are members elected in accordance with the by-laws at least two and no more than four of whom must hold a certificate of registration as a pharmacy technician;
(b)听 at least nine and no more than sixteen persons appointed by the Lieutenant Governor in Council who are not,
(i)听 members,
(ii)听 members of a College as defined in the Regulated Health Professions Act, 1991, or
(iii)听 members of a Council as defined in the Regulated Health Professions Act, 1991; and
(c)听 the dean of each faculty of pharmacy of the universities in 澳门永利.听 1991, c.听36, s.听7听(1); 1998, c.听18, Sched. G, s.听41听(1); 2007, c.听10, Sched.听B, s.听18听(1).
Who can vote in elections
(2) Subject to the by-laws, every member who practises or resides in 澳门永利 and who is not in default of payment of the annual membership fee is entitled to vote in an election of members of the Council.听 1991, c.听36, s.听7听(2); 1998, c.听18, Sched. G, s.听41听(2).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. G, s. 41 (1, 2) - 01/02/1999
- 03/12/2010
President and Vice-President
8 The Council shall have a President and Vice-President who shall be elected annually by the Council from among the Council鈥檚 members.听 1991, c.听36, s.听8.
Accreditation Committee
9 (1) The College shall have an Accreditation Committee.
Appointment
(2) The Council shall appoint the members of the Accreditation Committee.听 1991, c.听36, s.听9 (1,听2).
Composition
(3) The composition of the Accreditation Committee shall be in accordance with the by-laws.听 1998, c.听18, Sched. G, s.听41听(3).
Accreditation Committee
(4) No member of the Discipline Committee shall be a member of the Accreditation Committee.
Quorum
(5) Three members of the Accreditation Committee constitute a quorum.听 1991, c.听36, s.听9 (4,听5).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. G, s. 41 (3) - 01/02/1999
Restricted titles
10 (1) No person other than a member shall use the title 鈥渁pothecary鈥, 鈥渄ruggist鈥, 鈥減harmacist鈥, 鈥減harmacy technician鈥 or 鈥減harmaceutical chemist鈥, a variation or abbreviation or an equivalent in another language.听 1991, c.听36, s.听10听(1); 2007, c.听10, Sched.听B, s.听18听(2).
Representations of qualification, etc.
(2) No person other than a member shall hold himself or herself out as a person who is qualified to practise in 澳门永利 as a pharmacist or a pharmacy technician or in a specialty of pharmacy.听 1991, c.听36, s.听10听(2); 2007, c.听10, Sched.听B, s.听18听(3).
Definition
(3) In this section,
鈥渁bbreviation鈥 includes an abbreviation of a variation.听 1991, c.听36, s.听10听(3).
Section Amendments with date in force (d/m/y)
- 03/12/2010
11 Repealed: 2021, c. 25, Sched. 25, s. 26.
Section Amendments with date in force (d/m/y)
- 03/06/2021
Offence
12 Every person who contravenes subsection 10听(1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than听$50,000 for a second or subsequent offence.听 2007, c.听10, Sched.听B, s.听18听(4).
Section Amendments with date in force (d/m/y)
- 04/06/2007
Regulations
13 (1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations,
(a)听 specifying substances that may be administered by injection or inhalation in the course of engaging in the practice of pharmacy;
(b)听 specifying drugs that a member may prescribe in the course of engaging in the practice of pharmacy;
(c)听 regulating and governing the performance of any act set out in paragraph 2, 3, 4 or 5 of subsection 4 (1) and ancillary matters, including, without limiting the generality of the foregoing,
(i)听 establishing requirements for the performance of the act,
(ii)听 governing the purposes for which, and the circumstances under which, the act must be performed,
(iii)听 setting prohibitions.听 2009, c.听26, s.听21 (4).
Individual or categories
(2) A regulation made under clause (1) (a) or (b) may designate individual drugs or substances or categories of drugs or substances.听 2009, c.听26, s.听21 (4).
Incorporation by reference
(3) A regulation made under clause (1) (a) or (b) may adopt, by reference, in whole or in part, and with such changes as are considered necessary, one or more documents setting out a list of individual drugs or substances or a list of categories of drugs or substances.听 2009, c.听26, s.听21 (4).
Rolling incorporation
(4) If a regulation provided for in subsection (3) so provides, a document adopted by reference shall be a reference to it as amended from time to time after the making of the regulation.听 2009, c.听26, s.听21 (4).
Must be made by expert committee
(5) A document adopted by reference under subsection (3) may only be a document created or approved by an expert committee established under section 43.2 of the Regulated Health Professions Act, 1991 and no other body.听 2009, c.听26, s.听21 (4).
Availability
(6) A document adopted by reference under subsection (3) must be named in the regulation and must be available for public inspection during normal business hours in the office of the College and must be posted on the College鈥檚 website or available through a hyperlink at the College鈥檚 website.听 2009, c.听26, s.听21 (4).
Section Amendments with date in force (d/m/y)
1998, c. 18, Sched. G, s. 41 (4) - 01/02/1999
- 15/12/2009
Transitional
14 A person who, on the day before this Act comes into force, held a licence issued under Part VI of the Health Disciplines Act shall be deemed to be the holder of a certificate of registration issued under this Act subject to any term, condition or limitation to which the licence was subject.听 1991, c.听36, s.听14.
15, 16 Repealed:听 2007, c.听10, Sched.听B, s.听18听(5).
Section Amendments with date in force (d/m/y)
- 04/06/2007
17 Omitted (provides for coming into force of provisions of this Act).听 1991, c.听36, s.听17.
18 Omitted (enacts short title of this Act).听 1991, c.听36, s.听18.
听