Pharmacy Acts Amendment Act of 1939 (3 Geo Vi No. 16) (Qld)

17674 MEDICAL. Pharmacy Acts Amendment Act. 3 GEO. VI. No. 16, Group II.- French, German, and Latin ; Group III- Chemistry, Physics, Physiology, and Trigonometry." (c) The following new clause is inserted after clause thirteen and numbered 13A, namely:- "13A. Prescribing the powers, duties, and authorities of inspectors." Amendment of Sch. IV. 9. In the Fourth Schedule to the Principal Act the words " sell spectacles " are repealed and the words and brackets " sell [here de8cribe place to which licen8e relate8] spectacles" are inserted in lieu of such repealed words. 3 N G o E . O. 16 V . I. An Act to Amend "The Pharmacy Acts, 1917 to THE PHARMACY ACTS AMENDMENT ACT OF 1936," in certain particulars, and for other purposes. 1939. [ASSENTED TO 21sT NOVEMBER, 1939.] B E it enacted by the King's Most ]Jxcellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as " The Pharmacy Act8 ~ : ! truction. Amendment Act of 1939," and shall be read as one with *" The Pharmacy Act8, 1917 to 1936," herein referred to as the Principal Act. tCitolell. ective citedTahse " P T ri h n e ci P p h a a l r A m c a t cy an A d ct t 8 h , is19A17ct to m 1 a 9 y 3 b 9 e ." collectively * 8 Geo. V. No. 11 and amending Acts, supra, pages 8320 et seq.

1939. MEDICAL. Pharmacy Acts Amendment Act. 17675 Amendments of the Principal Act. 2. Section twenty of the Principal Act is hereby Reseal of repealed and the following new section twenty is~ inserted ~ 20~ ew in lieu thereof, namely :- "[20.] (1.) If any pharmaceutical chemist is, ~~::d: whether before or after the passing of *" The Pharmacy impose Acts Amendment Act o 'J f 1939 , ,,_ p di u s n c I ~ S p h l m in e al n T ts. (i.) Convicted in any part of His Majesty's Dominions or elsewhere of an indictable offence or of any other offence for which he should, in the opinion of the Board formed after due inquiry, be subjected to disciplinary punishment; or (ii.) Adjudged by the Board after due inquiry to have been guilty of misconduct in a professional respect, the Board may, according as it shall deem just under the circumstances- (a) Order his name to be erased from the register; or (b) Order that his registration be suspended for such time as it shall specify; or (c) Order that he shall pay to the Board by way of a pecuniary penalty such sum, not exceeding fifty pounds, as it shall specify; or (d) Order him to be reprimanded. (2.) Without limiting the meaning of the expression Exte~ sion of " m.lsconduct' III a pro f eS i S ' lOna1 respect"ahp armaceutl.Calmteeramnmgof chemist shall be guilty of such misconduct who- : I ' n m a isconduct (i.) Was within the period of twelve months professi?nal next preceding the date when he is so charged respect. guilty of addiction to intoxicating liquor or to any deleterious drug; or (ii.) Makes use of any title or description of pharmaceutical significance other than as prescribed; or (iii.) Is guilty of infamous conduct in a professional respect, malpractice, or unprofessional conduct or practice; or * This Act.

17676 MEDICAL. Pharmacy Acts Amendment Act. 3 GEO. VI. No. 16, (iv.) Signs or gives under his name and authority any certificate, notification, report, or any document of a kindred character, signed or given by him in his capacity as a pharmaceutical chemist for subsequent use in any court of law, or for administrative or governmental purposes, or for the pecuniary interest of himself or other person concerned, where such certificate, notification, report, or other document of a kindred character is untrue, misleading, or improper; or (v.) Shall by his presence, countenance, advice, assistance, or co-operation knowingly enable any person other than a pharmaceutical chemist or other legally authorised person to compound and/or dispense medicines requiring professional discretion or skill where, in the opinion of the Board, such conduct has been, is, or is likely to be, dangerous to the health of the public or of any individual: Provided that this paragraph shall not restrict the proper training and instruction of bona fide apprentices or the legitimate employ- ment of unregistered assistants within the . meaning of the Chemists Assistants' Award, State, under the immediate personal super- vision of the said pharmaceutical chemist; or (vi.) Contravenes or fails to comply with, or counsels, procures, aids, abets, or does or omits to do any act for the purpose of enabling any other person to contravene or fail to comply with, any act or law respecting any dangerous drug and/or any poison within the meaning of*" The Health Act of 1937" (or any amend- ment thereof) whether or not such contra- vention or failure to comply has been the subject of penal proceedings; or (vii.) Advertises, either directly or indirectly, or sanctions advertisements, or employs or sanctions the employment of agents or canvassers for the purpose of advertising by * 1 Geo. VI. No. 31, Bupra, page 16597.

1939. MEDICAL. • Pharmacy Acts Amendment Act. any means whatsoever in a manner which is immoral or obscene, or which brings discredit on the profession of a pharmaceutical chemist, or which misleads or is likely to mislead the public; or (viii.) By inference or otherwise holds himself or any other person out as medically qualified to advise on, treat, or cure illness or diseases in human beings ; or (ix.) Upon obtaining information which indicates an attempted or completed crime or any illegal operation fails to advise the Director-General of Health and Medical Services by the most speedy method of correspondence, whether the same be by telephone, telegraph, or letter, of such indication of attempted or completed crime or illegal operation; or (x.) When called upon to treat any wound from a cutting instrument or other weapon (not being a firearm) which he is not satisfied was accidentally incurred, or to resuscitate or otherwise treat any person suffering from partial strangulation, asphyxiation, or trauma caused by heat which he is not satisfied was accidentally incurred, or to treat any wound from a bullet, or to resusci- tate any person suffering from trauma caused by electricity, fails to advise the Director-General of Health and Medical Services by the most speedy method of correspondence, whether the same be by telephone, telegraph, or letter; or (xi.) In the carrying on of his business· as a pharmaceutical chemist omits to do some- thing, or -does something which, in the opinion of the Board, has been, is, or is likely to be, dangerous to the health of the public or of any individual; or (xii.) Shows in any other way the absence of such skill and attention as is exercised and given or may reasonably be expected according to the ruling practice of pharmacy. 17677

17678 MEDICAL. Pha.rmacy Acts Amendment Act. 3 GEO. VI. No. 16, (3.) Any pecuniary penalty ordered by the Board to be paid to it shall become due and payable forthwith or, if the Board allows time for payment thereof, .immediately upon the expiration of the time so allowed. The Board may, either by the order inflicting a pecuniary penalty or by a subsequent order, suspend the registration of the pharmaceutical chemist concerned until he shall have duly paid to it the amount of such penalty. Any pecuniary penalty shall be a debt due and owing to the Board and any amount thereof not duly paid may be recovered as such by action in a court of competent jurisdiction, but this right of action shall not prejudice the power of the Board to suspend registration for failure to duly pay the penalty. (4.) During the period of suspension specified in an order made under paragraph (b) of subsection one of this section or subsection three of this section, the name of the pharmaceutical chemist concerned shall be deemed to be erased from the Register of Pharmaceutical Chemists; and such person for such period shall be deemed to be not registered as a pharmaceutical chemist under this Act. (5.) In the case of an inquiry as mentioned in paragraph (i.) or paragraph (ii.) of subsection one of this section, the Board shall if so required by the pharma- ceutical chemist concerned sit as an open court, and such pharmaceutical chemist shall be afforded an opportunity of defence either in person or by his counsel, solicitor, or agent. (6.) Any person aggrieved by an order made in his case by the Board under subsection one of this section shall, upon entering into a recognizance before a justice of the peace with or without a surety or sureties conditioned to prosecute the appeal without delay and pay such costs as the Supreme Court shall award, have the right of appeal to the Supreme Court against such order, and such appeal shall be in the nature of a re-hearing and the Board shall give effect to the decision of the Supreme Court thereon: Provided that the person concerned shall institute such appeal within six weeks after the order is made or such extended time as the Supreme Court allows.

1939.. MEDICAL. Pharmacy Acts Amendment Act. 17679 (7.) The Board may remove from the register the name of any pharmaceutical chemist who is insane or mentally sick. (8.) Any name erased from the register under this section may be restored by the Board. Any suspension of registration may be removed by the Board: Provided that in ordering the removal of a suspension the Board shall have regard to any by-laws in that behalf. (9.) The Board may publish and/or authorise to be published in such manner as to it shall seem fit the findings and order made by it in the case of an inquiry as mentioned in paragraph (i.) or paragraph (ii.) of subsection one of this section. (10.) Notwithstanding anything contained in any EvidenceAct or law, or rule or process of law, or judgment of°Il:ehargdeot f any court 0 f competent J.un.s d c i tI ' On, t he Board shallm in Isaeon ne in the conduct of· any inquiry under this section be professional fully authorised to receive and admit on production respect. as evidence in the proceedings concerned the judgment and findings of the Supreme Court (or on appeal of the Full Court or Court of Criminal Appeal) whether in its civil or criminal jurisdiction in any case where such judgment and findings are in the opinion of the Board • relevant; and moreover the Board shall in the conduct of such proceedings be fully authorised and entitled to receive and admit on production as evidence in the proceedings concerned a transcript of shorthand notes, duly certified as correct, of the evidence of witnesses taken in the Supreme Court, whether in its civil or criminal jurisdiction, which evidence is in the opinion of the Board relevant; and in any such case it shall not be necessary for any such witnesses, the transcript of whose evidence is so produced to the Board, to be present at the proceedings concerned." W h er 3 ev . eTr hseuc h wowrodrs d s"oincfcaumr om . ussecctoI . Onndu 2 c 0 t A " (. marce I ur d em ' pegatlhede oAfm s e . n 2 d 0 m A.. ent sidenote thereto) o~ the Principal Act and the word " misconduct" is inserted in each such case in lieu of such repealed words. H

17680 MEDICAL. Pharmacy Acts Amendment Act. 3 GEO. VI. No. 16, 1939. Amendment 4. The words "infamous conduct" are repealed of S. 20B. wherever such words occur in section 20B (including the sidenote thereto) of the Principal Act and the word " misconduct" is inserted in each such case in lieu of such repealed words. o A f m s. e 3 n 0 d . ment as fol 5 lo . wSse, cntiaomn etlhyi: rt-y of the Principal Act is amended (a) Paragraph (viii.) of subsection one thereof is repealed and the following new paragraph (viii.) is inserted in lieu thereof, namely :- " (viii.) The conduct of proceedings in connection with inquiries by the Board including com- plaints or charges in respect of alleged misconduct in a professional respect." (b) The following proviso is added to paragraph (x.) of subsection one thereof, namely:- "Provided further, that the Board may at its discretion accept any other examination certificate which in the opinion of the Board is of a standard equal to or higher than that prescribed for any of these examinations." (c) The following new paragraph (xii.a) is inserted • after paragraph (xii.) of subsection one thereof~ namely:- "(xii.a) Providing for and regulating the conduct of persons suspended from registration under this Act during the period of suspension; prescribing what practices by such persons shall be prohibited, and providing for and regulating applications for removal of such suspension. " (d) In subsection three thereof the word "such" where it first occurs is repealed. . .