Pharmacy Practice Act 2007 (SA)
South Australia
An Act to protect the health and safety of the public by providing for the registration of pharmacists, pharmacy students, pharmacies and pharmacy depots; to regulate the provision of pharmacy services for the purpose of maintaining high standards of competence and conduct by the persons who provide it; and for other purposes.
This Act may be cited as the
Pharmacy Practice Act 2007 .
(1) In this Act, unless the contrary intention appears—
appropriate register means—
(a) the register of pharmacists; or
(b) the pharmacy student register,
as the case may require;
Board means the Pharmacy Board of South Australia;
corporate pharmacy services provider —see subsection (5);
dentist means a person who is registered as a dentist under the law of this State;
director of a body corporate means a member of the board or committee of management of the body corporate, whether validly appointed or not;
District Court means the Administrative and Disciplinary Division of the District Court;
domestic partner means a person who is a domestic partner within the meaning of theFamily Relationships Act 1975 , whether declared as such under that Act or not;
equipment includes appliances or instruments used for the purposes of pharmacy services;
Friendly Society Medical Association Limited means the friendly society registered under theCorporations Act 2001 of the Commonwealth as a public company under the name Friendly Society Medical Association Limited (ACN 088 347 602);
inspector means a person authorised by the Board to exercise the powers of an inspector under this Act;
legal practitioner means a person admitted and enrolled as a practitioner of the Supreme Court of South Australia;
medical practitioner means a person who is registered as a medical practitioner under the law of this State;
Metropolitan Adelaide has the same meaning as in theDevelopment Act 1993 ;
nominated contact address of a registered person means an address nominated by the person for the purpose of service of notices and documents under this Act;
pharmacist means a person who is registered on the register of pharmacists kept under this Act;
pharmacy , in relation to premises, means premises registered on the register of pharmacies kept under this Act;
pharmacy banner company means a body corporate that enters into commercial arrangements under which—
(a) a number of pharmacy businesses are operated under business or trading names that contain a common component; and
(b) the pharmacy businesses are jointly advertised and promoted;
pharmacy business means a business consisting of or involving the provision of pharmacy services;
pharmacy depot means premises (other than a pharmacy) at which—
(a) prescriptions for drugs or medicines are left for dispensing by a pharmacist; or
(b) drugs or medicines dispensed by a pharmacist on prescription are left for collection by or on behalf of the person for whom the drugs or medicines are prescribed;
pharmacy services orpharmacy means—
(a) restricted pharmacy services; or
(b) other health services (including the supply of goods and the provision of advice) provided in the course of practice by a pharmacist or a person who holds himself or herself out, or is held out by another, as a pharmacist;
pharmacy services provider means—
(a) a corporate pharmacy services provider; or
(b) a person referred to in section 43(2);
pharmacy student register —see Part 3 Division 1;
practice rules —see section 13(1)(e);
practising certificate —see Part 3 Division 3;
prescribed relative , in relation to a registered person, means a parent, spouse, domestic partner, child, grandchild, brother or sister of the registered person;
provide , in relation to pharmacy services, means provide services personally or through the instrumentality of another, and includes offer to provide;
psychologist means a person who is registered as a psychologist under the law of this State;
record means—
(a) a documentary record; or
(b) a record made by an electronic, electromagnetic, photographic or optical process; or
(c) any other kind of record;
register means a register kept under this Act;
registered person means a person who is registered on a register kept under this Act;
register of pharmacies —see Part 3 Division 1;
register of pharmacists —see Part 3 Division 1;
Registrar means the person holding or acting in the office of Registrar of the Board;
related body corporate has the same meaning as in theCorporations Act 2001 of the Commonwealth;
repealed Act means thePharmacists Act 1991 ;
representative body means a body that is declared by the regulations to be a representative body for the purposes of this Act;
restricted pharmacy services means—
(a) dispensing drugs or medicines on the prescription of a medical practitioner, dentist, veterinary surgeon or other person authorised to prescribe the drugs or medicines; or
(b) other services declared by the regulations to be restricted pharmacy services;
spouse —a person is the spouse of another if they are legally married;
unprofessional conduct includes—
(a) improper or unethical conduct in relation to professional practice; and
(b) incompetence or negligence in relation to the provision of pharmacy services; and
(c) a contravention of or failure to comply with—
(i) a provision of this Act; or
(ii) a code of conduct or professional standard prepared or endorsed by the Board under this Act; and
(d) conduct that constitutes an offence punishable by imprisonment for 1 year or more under some other Act or law;
veterinary surgeon means a person who is registered as a veterinary surgeon under the law of this State.
(2) A reference in this Act to
unprofessional conduct extends to—
(a) unprofessional conduct committed before the commencement of this Act; and
(b) unprofessional conduct committed within or outside South Australia or the Commonwealth.
(3) A reference in this Act to
engaging in conduct includes a reference to failing or refusing to engage in conduct.(4) Without limiting the generality of the expression, a person will be taken to
provide restricted pharmacy services orprovide pharmacy services if—
(a) the person is a party to an arrangement of a kind prescribed by the regulations; or
(b) the person, in the course of carrying on a business, provides a benefit to another for which the person is entitled to receive the profits or income, or a share in the profits or income, of a pharmacy business; or
(c) the person has, under a franchise or other commercial arrangement, a right to receive consideration that varies according to the profits or income of a pharmacy business.
(5) For the purposes of this Act, each of the following is a
corporate pharmacy services provider :
(a) a company that conforms with each of the following:
(i) it is a company limited by shares;
(ii) the sole object of the company is to provide pharmacy services;
(iii) all the directors of the company are pharmacists (or if there are only 2 directors, 1 director is a pharmacist and the other is a prescribed relative of that pharmacist);
(iv) no share issued by the company, and no right to participate in the distribution of the profits of the company, is owned beneficially otherwise than by a pharmacist who is a director or employee of the company, or by a prescribed relative of that pharmacist;
(v) the total voting rights exercisable at a meeting of the members of the company are held by pharmacists who are directors or employees of the company;
(vi) if the right of a pharmacist and of his or her prescribed relatives to hold shares in the company ceases by virtue of that person ceasing to be a director or employee of the company, his or her shares and those of his prescribed relatives will be redeemed by the company, distributed among the remaining members of the company, or transferred to a pharmacist who is to become a director or employee of the company, in accordance with the constitution of the company;
(vii) the shares of a person who is a shareholder by virtue of being the spouse or domestic partner of a pharmacist of the relevant class will—
(A) on dissolution or annulment of his or her marriage with that person; or
(B) in the case of a domestic partner—on the cessation of that relationship,
be redeemed by the company, or distributed among the remaining members of the company, in accordance with the constitution of the company;
(b) a friendly society that conforms with each of the following:
(i) it is a company limited by guarantee or shares or by guarantee and shares;
(ii) it has at least 100 members;
(iii) its members have equal voting rights on a poll or at a meeting or equal voting rights to elect a representative to vote on their behalf;
(iv) its objects include the provision of health or welfare facilities or services for its members or their dependants;
(v) it provides pharmacy services;
(vi) the undistributed surplus of the friendly society would, in the event of the company being wound up, be distributed among its members at the time of winding up or transferred to another person or body with a similar structure and objects;
(vii) it is not carrying on business for the dominant purpose of securing a profit or pecuniary gain for its members;
(viii) any object or intention of the friendly society to provide a dividend to its shareholders or members is a limited and not dominant purpose of the friendly society;
(ix) the property and income of the friendly society are applied towards the objects of the friendly society;
(c) a company other than—
(i) Friendly Society Medical Association Limited; or
(ii) The Mount Gambier United Friendly Societies Dispensary Limited,
that carried on a pharmacy business on 1 August 1942 and has continued to do so since that date.
(6) A company referred to in subsection (5)(c) ceases to be a corporate pharmacy services provider if—
(a) a person who is not a pharmacist is appointed as a director of the company; or
(b) a person who is not a pharmacist or a prescribed relative of a pharmacist is appointed as a director of a related body corporate of the company; or
(c) any shares in the company are issued or transferred to a person who is not a pharmacist; or
(d) shares in a related body corporate of the company are issued or transferred to a person who is not a pharmacist or a prescribed relative of a pharmacist; or
(e) the company carries on the pharmacy business in the capacity of trustee of a trust and a person who is not a pharmacist or a prescribed relative of a pharmacist obtains a beneficial interest in the trust; or
(f) a person holds shares in the company, or a related body corporate of the company, in the capacity of trustee of a trust and a person who is not a pharmacist or a prescribed relative of a pharmacist obtains a beneficial interest in the trust; or
(g) a person other than a pharmacist or a prescribed relative of a pharmacist otherwise obtains a proprietary interest in the pharmacy business of the company or achieves a position in which the person may exercise control or substantial influence over the company in the conduct of its affairs.
(7) For the purposes of this Act, a person occupies a
position of authority in a corporate pharmacy services provider if the person—
(a) is a director of the body corporate; or
(b) exercises, or is in a position to exercise, control or substantial influence over the body corporate in the conduct of its affairs; or
(c) manages, or is to manage, the business of the body corporate that consists of the provision of pharmacy services; or
(d) where the body corporate is a proprietary company—is a shareholder in the body corporate.
(8) For the purposes of this Act, a person occupies a
position of authority in a body corporate other than a corporate pharmacy services provider if the person—
(a) is a director of the body corporate; or
(b) exercises, or is in a position to exercise, control or substantial influence over the body corporate in the conduct of its affairs; or
(c) where the body corporate is a proprietary company—is a shareholder in the body corporate.
(9) However, a minor who is a shareholder in a proprietary company is not, for that reason, to be regarded as a person occupying a
position of authority .(10) For the purposes of this Act, a person who holds more than 10 per cent of the issued share capital of a public company will be regarded as a person occupying a
position of authority in that company.
A person or body must, in making a determination under this Act as to a person's medical fitness to provide pharmacy services, have regard to the question of whether the person is able to provide pharmacy services personally to a person without endangering the person's health or safety.
(1) The Pharmacy Board of South Australia is established.
(2) The Board—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) is capable of suing and being sued in its corporate name; and
(d) has all the powers of a natural person that are capable of being exercised by a body corporate; and
(e) has the functions and powers assigned or conferred by or under this Act.
(3) If a document appears to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the common seal of the Board was duly affixed to the document.
(1) The Board consists of 9 members appointed by the Governor of whom—
(a) 6 must be pharmacists of whom—
(i) 1 will be nominated by the Minister; and
(ii) 1 will be selected from a panel of 3 pharmacists nominated by the head of the School of Pharmacy and Medical Sciences at the University of South Australia; and
(iii) 1 will be selected from a panel of 3 pharmacists nominated by The Society of Hospital Pharmacists of Australia (SA Branch); and
(iv) 1 will be selected from a panel of 3 pharmacists nominated by the Pharmaceutical Society of Australia (South Australian Branch) Incorporated; and
(v) 1 will be selected from a panel of 3 pharmacists nominated by The Pharmacy Guild of Australia (SA Branch); and
(vi) 1 will be selected from a panel of 3 pharmacists nominated by the Friendly Society Medical Association Limited; and
(b) 3 must be persons nominated by the Minister of whom—
(i) 1 will be a registered member of a health profession other than that of pharmacy; and
(ii) 1 will be a legal practitioner; and
(iii) 1 will be a person who is not eligible for appointment under a preceding provision of this subsection.
(2) At least 1 of the members of the Board must be a woman and 1 must be a man.
(3) The Governor may appoint a person to be a deputy of a member and a person so appointed may act as a member of the Board in the absence of the member.
(4) The requirements of qualification and nomination (if applicable) made by this section in relation to the appointment of a member extend to the appointment of a deputy of that member.
(1) A member of the Board will be appointed on conditions determined by the Governor and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.
(2) However, a member of the Board may not hold office for consecutive terms that exceed 9 years in total.
(3) The Governor may remove a member of the Board from office—
(a) for breach of, or non-compliance with, a condition of appointment; or
(b) for misconduct; or
(c) for failure or incapacity to carry out official duties satisfactorily.
(4) The office of a member of the Board becomes vacant if the member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) ceases to satisfy the qualification by virtue of which the member was eligible for appointment to the Board; or
(e) is disqualified from managing corporations under Chapter 2D Part 2D.6 of the
Corporations Act 2001 of the Commonwealth; or(f) is removed from office under subsection (3).
(5) If a member of the Board is a member constituting the Board for the purposes of any proceedings under Part 4 and the member's term of office expires, or the member resigns, before those proceedings are completed, the member may, for the purpose of continuing and completing those proceedings, continue to act as a member of the Board.
The Minister must, after consultation with the Board, appoint a member who is a pharmacist (the
presiding member ) to preside at meetings of the Board and another member who is a pharmacist (thedeputy presiding member ) to preside at meetings of the Board in the absence of the presiding member.
An act or proceeding of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.
A member of the Board is entitled to remuneration, allowances and expenses determined by the Governor.
(1) There will be a Registrar of the Board.
(2) The Registrar will be appointed by the Board on terms and conditions determined by the Board.
(1) There will be such other staff of the Board as the Board thinks necessary for the proper performance of its functions.
(2) A member of the staff of the Board is not, as such, a member of the Public Service, but the Board may employ a person who is on leave from employment in the Public Service or with an instrumentality or agency of the Crown.
(3) The Board may, with the approval of the Minister administering an administrative unit of the Public Service, make use of the services, facilities or officers of that unit.
(1) The functions of the Board are as follows:
(a) to oversee the practice of pharmacy in the public interest;
(b) to approve, after consultation with authorities considered appropriate by the Board, courses of education or training that provide qualifications for registration under this Act;
(c) to determine, after consultation with authorities considered appropriate by the Board, the requirements necessary for registration of persons and premises under this Act;
(d) to establish and maintain the registers contemplated by this Act;
(e) to prepare or endorse, subject to the approval of the Minister, practice rules establishing a scheme for further education, training and experience for pharmacists and governing the issue of practising certificates and the imposition of, and evidence of compliance with, conditions of practising certificates, as contemplated by Part 3 Division 3;
(f) to prepare or endorse, subject to the approval of the Minister, codes of conduct or professional standards for registered persons or codes of conduct for pharmacy services providers;
(g) to establish administrative processes for handling complaints received against registered persons, pharmacy services providers or persons who occupy positions of authority in corporate pharmacy services providers (which may include processes under which the registered person, provider or person who occupies the position voluntarily enters into an undertaking);
(h) to provide advice to the Minister as the Board considers appropriate;
(i) to carry out other functions assigned to the Board by or under this Act, or by the Minister.
(2) The Board must perform its functions under this Act with the object of protecting the health and safety of the public by achieving and maintaining high professional standards both of competence and conduct in the provision of pharmacy services in this State.
(3) If the Minister approves practice rules or a code of conduct or professional standard prepared or endorsed by the Board, the Board must—
(a) cause a copy of the rules, code or standard to be published in the Gazette; and
(b) take reasonable steps to send a copy of the rules, code or standard to each registered person or pharmacy services provider to whom it applies; and
(c) ensure that a copy of the rules, code or standard is published on the internet and kept available for public inspection without charge during normal office hours at the principal office of the Board,
(although proof of compliance with paragraphs (a), (b) and (c) is not necessary for the purposes of any proceedings that involve an alleged contravention of or failure to comply with the rules or a code of conduct or professional standard).
(4) The administrative processes established by the Board for handling complaints received against registered persons, pharmacy services providers or persons who occupy positions of authority in corporate pharmacy services providers must be designed—
(a) to be fair to both the aggrieved person and the respondent; and
(b) to keep both the aggrieved person and the respondent properly informed about the steps taken by the Board in response to the complaint; and
(c) to provide, where appropriate, opportunities for the clarification of any misapprehension or misunderstanding between the aggrieved person and the respondent; and
(d) to keep both the aggrieved person and the respondent properly informed about the outcome of the processes; and
(e) to take into account the needs of particular classes of persons who may otherwise suffer disadvantage in the conduct of those processes.
(1) The Board may establish committees—
(a) to advise the Board or the Registrar on any matter; or
(b) to carry out functions on behalf of the Board.
(2) The membership of a committee will be determined by the Board and may, but need not, consist of, or include, members of the Board.
(3) The Board will determine who will be the presiding member of a committee.
(4) The procedures to be observed in relation to the conduct of the business of a committee will be—
(a) as determined by the Board; and
(b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee.
(1) The Board may delegate any of its functions or powers under this Act other than—
(a) this power of delegation; and
(b) the power to hear and determine proceedings under Part 4.
(2) A delegation—
(a) may be made—
(i) to a member of the Board, the Registrar or an employee of the Board; or
(ii) to a committee established by the Board; and
(b) may be made subject to conditions and limitations specified in the instrument of delegation; and
(c) is revocable at will and does not derogate from the power of the Board to act in a matter.
(1) Subject to this Act, 5 members constitute a quorum of the Board.
(2) A meeting of the Board (other than for the purposes of hearing and determining proceedings under Part 4) will be chaired by the presiding member or, in his or her absence, by the deputy presiding member and, in the absence of both the presiding member and the deputy presiding member, the members present at a meeting of the Board must choose 1 of their number to preside at the meeting.
(3) A decision carried by a majority of the votes cast by members of the Board at a meeting is a decision of the Board.
(4) Each member present at a meeting of the Board has 1 vote on any question arising for decision and, except in hearing and determining proceedings under Part 4, the member presiding at the meeting may exercise a casting vote if the votes are equal.
(5) A conference by telephone or other electronic means between the members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if—
(a) notice of the conference is given to all members in the manner determined by the Board for the purpose; and
(b) each participating member is capable of communicating with every other participating member during the conference.
(6) A proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if—
(a) notice of the proposed resolution is given to all members of the Board in accordance with procedures determined by the Board; and
(b) a majority of the members express concurrence in the proposed resolution by letter, telegram, telex, facsimile transmission, electronic mail or other written communication setting out the terms of the resolution.
(7) However, subsections (5) and (6) do not apply in relation to the hearing and determination of proceedings under Part 4 by the Board as constituted for the purposes of proceedings under that Part.
(8) The Board must have accurate minutes kept of its meetings.
(9) Subject to this Act, the Board may determine its own procedures.
17—Conflict of interest under Public Sector (Honesty and Accountability) Act A member of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of the
Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in the matter that is shared in common with pharmacists generally or a substantial section of pharmacists in this State.
(1) For the purposes of proceedings before the Board (including an application for registration or reinstatement of registration), the Board may—
(a) by summons signed on behalf of the Board by a member of the Board or the Registrar, require the attendance before the Board of a person whom the Board thinks fit to call before it; or
(b) by summons signed on behalf of the Board by a member of the Board or the Registrar, require the production of relevant documents, records or equipment and, in the case of a document or record that is not in the English language—
(i) a written translation of the document or record into English; and
(ii) a certificate signed by a translator approved by the Board certifying that the translation accurately reproduces in English the contents of the document or record; or
(c) inspect documents, records or equipment produced before it, and retain them for such reasonable period as it thinks fit, and make copies of the documents or records or their contents; or
(d) require a person to make an oath or affirmation (which may be administered by a member of the Board) to answer truthfully questions put by a member of the Board or a person appearing before the Board; or
(e) require a person appearing before the Board (whether summoned to appear or not) to answer questions put by a member of the Board or by a person appearing before the Board.
(2) On the receipt of an application for the issue of a summons under this section, a member or the Registrar may, without referring the matter to the Board, issue a summons on behalf of the Board.
(3) A person who—
(a) fails without reasonable excuse to comply with a summons issued to attend, or to produce documents, records or equipment, before the Board; or
(b) having been served with a summons to produce—
(i) a written translation of the document or record into English; and
(ii) a certificate signed by a translator approved by the Board certifying that the translation accurately reproduces in English the contents of the document or record,
fails, without reasonable excuse, to comply with the summons; or
(c) misbehaves before the Board, wilfully insults the Board or 1 or more of the members in the exercise of the member's official duties, or wilfully interrupts the proceedings of the Board; or
(d) refuses to be sworn or to affirm, or refuses or fails to answer truthfully a relevant question when required to do so by the Board,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 6 months.
(4) A person who appears as a witness before the Board has the same protection as a witness in proceedings before the Supreme Court.
(1) In proceedings before the Board under this Act, the Board—
(a) is not bound by the rules of evidence and may inform itself on any matter as it thinks fit; and
(b) must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.
(2) In proceedings before the Board under this Act, the Board must keep the parties to the proceedings properly informed as to the progress and outcome of the proceedings.
A party to proceedings before the Board (including an applicant for registration or reinstatement of registration) is entitled to be represented at the hearing of those proceedings.
(1) The Board may award such costs against a party to proceedings before it as the Board considers just and reasonable.
(2) A party who is dissatisfied with the amount of the costs awarded by the Board may request a Master of the District Court to tax the costs and, after taxing the costs, the Master may confirm or vary the amount of the costs awarded by the Board.
(3) Costs awarded by the Board under this section may be recovered as a debt.
(1) The Board must keep proper accounting records in relation to its financial affairs, and must have annual statements of account prepared in respect of each financial year.
(2) The accounts must be audited at least once in every year by an auditor approved by the Auditor-General and appointed by the Board.
(3) The Auditor-General may at any time audit the accounts of the Board.
(1) The Board must, on or before 30 September in each year, deliver to the Minister a report on the administration of this Act and the work of the Board during the financial year ending on the preceding 30 June.
(2) The report must—
(a) include the following information in relation to the relevant financial year:
(i) the number and nature of complaints received by the Board against registered persons, pharmacy services providers and persons who occupy positions of authority in corporate pharmacy services providers;
(ii) the number and nature of voluntary undertakings given to the Board by registered persons, pharmacy services providers and persons who occupy positions of authority in corporate pharmacy services providers;
(iii) the outcomes of proceedings before the Board under Part 4;
(iv) information prescribed by the regulations; and
(b) incorporate the audited accounts of the Board for the relevant financial year.
(3) The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.
(1) The Registrar must keep the following registers:
(a) a pharmacy student register;
(b) a register of pharmacists;
(c) a register of persons who have been removed from the pharmacy student register or the register of pharmacists under this Act or any other Act or law or former Act or law and who have not been reinstated to that register;
(d) a register of pharmacies;
(e) a register of pharmacy depots.
(2) The pharmacy student register or the register of pharmacists must include, in relation to each person on the register—
(a) the person's full name and nominated contact address; and
(b) the qualifications for registration held by the person; and
(c) particulars of any condition of registration or limitation that affects or restricts the person's right to provide pharmacy services; and
(d) information prescribed by the regulations,
and may include other information as the Board thinks fit.
(3) A registered person must, within 1 month after changing his or her name or nominated contact address, inform the Registrar in writing of the change.
Maximum penalty: $250.
(4) The register referred to in subsection (1)(c)—
(a) must not include any person who is dead; and
(b) must include, in relation to each person on the register, a statement of—
(i) the register from which the person was removed; and
(ii) the reason for removal of the person; and
(iii) the date of removal; and
(iv) if the removal was consequent on suspension—the duration of the suspension; and
(v) if the person has been disqualified from being registered on a register—the duration of the disqualification; and
(c) must have deleted from it all information relating to any person who has been reinstated on the register from which the person was removed.
(5) The register of pharmacies must include, in relation to each premises on the register—
(a) the address of the premises; and
(b) the full name and nominated contact address of the person who carries on a pharmacy business at the premises; and
(c) information prescribed by the regulations,
and may include such other information as the Board thinks fit.
(6) The register of pharmacy depots must include, in relation to each premises on the register—
(a) the address of the premises; and
(b) information prescribed by the regulations,
and may include such other information as the Board thinks fit.
(7) A person must, within 1 month after ceasing to carry on a pharmacy business at a pharmacy, inform the Registrar in writing of that fact.
Maximum penalty: $250.
(8) The Registrar is responsible to the Board for the form and maintenance of the registers.
(9) The Registrar must correct an entry in a register that is not, or has ceased to be, correct.
(10) The registers must be kept available for inspection by any person during ordinary office hours at the office of the Registrar and the registers or extracts of the registers may be made available to the public by electronic means.
(11) A person may, on payment of the prescribed fee, obtain a copy of any part of a register kept under this Act.
(12) A certificate stating that a person was, or was not, registered on a particular register under this Act at a particular date or during a particular period and purporting to be signed by the Registrar will, in the absence of proof to the contrary, be accepted in legal proceedings as proof of the registration, or of the fact that the person was not so registered, on the date or during the period stated in the certificate.
(1) Subject to any restrictions, limitations or conditions imposed under this Act—
(a) registration on the pharmacy student register authorises the person to provide pharmacy services in prescribed circumstances;
(b) registration on the register of pharmacists authorises the person to provide pharmacy services.
(2) In order to personally provide restricted pharmacy services a person registered on the register of pharmacists must hold a current practising certificate.
Division 2—Registration of pharmacists and pharmacy students
(1) Subject to this Act, a natural person is eligible for registration on the register of pharmacists if the person, on application to the Board, satisfies the Board that he or she—
(a) has qualifications approved or recognised by the Board for the purposes of registration on that register; and
(b) has met the requirements determined by the Board to be necessary for the purposes of registration on that register; and
(c) is medically fit to provide pharmacy services of the kind authorised by registration on that register; and
(d) is, unless exempted by the Board, insured or indemnified in a manner and to an extent approved by the Board against civil liabilities that might be incurred by the person in connection with the provision of pharmacy services as a pharmacist; and
(e) is a fit and proper person to be registered on that register.
(2) If a person who applies for registration, or reinstatement of registration, on the register of pharmacists—
(a) does not, in the opinion of the Board, have the necessary qualifications or experience required for registration on that register; or
(b) is not, in the opinion of the Board, medically fit to provide pharmacy services of the kind authorised by registration on that register; or
(c) is not, in the opinion of the Board, a fit and proper person to be registered on that register,
the Board may register the person on that register in pursuance of this subsection (
limited registration )—
(d) in order to enable the person—
(i) to do whatever is necessary to become eligible for full registration under this Act; or
(ii) to teach or to undertake research or study in this State; or
(e) if, in its opinion, it would otherwise be in the public interest to do so.
(3) In registering a person under subsection (2) the Board may impose 1 or more of the following conditions on the registration:
(a) a condition restricting the places or times at which the pharmacist may provide pharmacy services;
(b) a condition limiting the kind of pharmacy services that the pharmacist may provide;
(c) a condition limiting the period during which the registration will have effect;
(d) a condition requiring that the pharmacist be supervised in the provision of pharmacy services by a particular person or by a person of a particular class;
(e) such other conditions as the Board thinks fit.
(1) A person is not entitled to—
(a) undertake a course of study that provides qualifications for registration on the register of pharmacists; or
(b) provide pharmacy services as part of a course of study related to pharmacy being undertaken by the person in a place outside the State,
unless the person is registered under this section as a pharmacy student.
(2) A person is eligible for registration as a pharmacy student on the pharmacy student register if the person, on application to the Board, satisfies the Board that he or she—
(a) genuinely requires registration on that register—
(i) to enable the person to undertake a course of study that provides qualifications for registration on the general register; or
(ii) to enable the person to provide pharmacy services as part of a course of study related to pharmacy being undertaken by the person in a place outside the State; and
(b) is medically fit to provide pharmacy services of the kind authorised by registration on the pharmacy student register; and
(c) is a fit and proper person to be registered on the pharmacy student register.
(3) If a person who applies for registration, or reinstatement of registration, on the pharmacy student register is not, in the opinion of the Board, medically fit to provide pharmacy services of the kind authorised by registration on that register, the Board may register the person on that register in pursuance of this subsection (
limited student registration ) and impose 1 or more of the following conditions on the registration:
(a) a condition limiting the kind of pharmacy services that the person may provide;
(b) a condition limiting the period during which the registration will have effect;
(c) a condition requiring that the person be supervised in the provision of pharmacy services by a particular person or by a person of a particular class;
(d) such other conditions as the Board thinks fit.
28—Application for registration and provisional registration
(1) An application for registration must—
(a) be made to the Board in the manner and form approved by the Board; and
(b) be accompanied by the registration fee fixed under this Act.
(2) An applicant for registration must, if the Board so requires, provide the Board with specified information to enable the Board to determine the application.
(3) The Board may require an applicant for registration—
(a) to submit a medical report or other evidence acceptable to the Board as to the applicant's medical fitness to provide pharmacy services of the kind authorised by registration on the register to which the application relates; or
(b) to obtain additional qualifications or experience specified by the Board before the Board determines the application.
(4) If it appears likely to the Registrar that the Board will grant an application for registration, the Registrar may provisionally register the applicant (
provisional registration ).(5) Provisional registration remains in force until the Board determines the application.
(6) The registration by the Board under this Act of a person who was provisionally registered has effect from the commencement of the provisional registration.
(1) The Registrar must, on application by a registered person, remove the person from the register to which the application relates.
(2) The Registrar must remove from the appropriate register a person—
(a) who dies; or
(b) who ceases to hold a qualification required for registration on that register; or
(c) who ceases for any other reason to be entitled to be registered on that register; or
(d) who completes, or ceases to be enrolled in, the course of study that formed the basis for the person's registration on the pharmacy student register; or
(e) whose registration on that register has been suspended or cancelled under this Act.
(3) The Registrar may act under subsection (2) without giving prior notice to the relevant person.
(1) A person who has been removed from a register under this Act—
(a) on his or her application; or
(b) on account of failure to pay the annual fee or to furnish the return required under section 31; or
(c) on account of failure to pay a fine imposed on the person by the Board under this Act; or
(d) on account of the person—
(i) ceasing to hold a qualification required for registration on that register or otherwise ceasing to be entitled to be registered on that register; or
(ii) ceasing to be enrolled in the course of study that formed the basis for the person's registration on the pharmacy student register,
may apply to the Board at any time for reinstatement on that register.
(2) A person whose registration on a register has been suspended may apply to the Board for reinstatement on that register (but not, in the case of an order for suspension for a specified period, until after the expiry of that period).
(3) A person who has been disqualified from being registered on a register under this Act may, subject to the terms of the order for disqualification, apply to the Board for reinstatement on that register.
(4) An application for reinstatement must—
(a) be made to the Board in the manner and form approved by the Board; and
(b) be accompanied by the reinstatement fee fixed under this Act.
(5) An applicant for reinstatement must, if the Board so requires, provide the Board with specified information to enable the Board to determine the application.
(6) The Board may require an applicant for reinstatement of registration—
(a) to submit a medical report or other evidence acceptable to the Board as to the applicant's medical fitness to provide pharmacy services of the kind authorised by registration on the register to which the application relates; or
(b) to obtain additional qualifications or experience specified by the Board before the Board determines the application.
(7) Subject to this section, the Board must reinstate on the appropriate register an applicant under this section if satisfied that the applicant is eligible for registration on that register.
(8) The Board may refuse to reinstate the applicant on the appropriate register until all complaints (if any) laid against the applicant under this Act have been finally disposed of.
(1) Subject to this Act, a person will not be registered, nor will a registration be reinstated, until the registration or reinstatement fee, and the annual fee, fixed under this Act have been paid.
(2) A registered person must, in each calendar year before the date fixed for that purpose by the Board—
(a) pay to the Board the annual fee fixed under this Act; and
(b) furnish the Board with a return, in a form approved by the Board, containing all information specified in the return relating to the provision of pharmacy services by the person, and compliance with conditions of the person's practising certificate, during the preceding year or to any other matter relevant to the person's registration under this Act.
(3) The Board may, without further notice, remove from the appropriate register a person who fails to pay the annual fee or furnish the required return by the due date.
The Board will, on application, issue a practising certificate to a pharmacist.
(1) A practising certificate will, if the practice rules so require, be issued subject to conditions determined by the Board—
(a) requiring the holder of the certificate to undertake or obtain further education, training and experience required or determined under the rules; and
(b) limiting the kind of pharmacy services that the holder of the certificate may provide until that further education, training and experience is completed or obtained.
(2) If an applicant for a practising certificate has not held a practising certificate during the period of 12 months immediately preceding the making of the application, or the Board is satisfied that the applicant has not complied with the conditions of a practising certificate held by the applicant during that period, the Board may, in accordance with the practice rules, do either or both of the following:
(a) before issuing a practising certificate, require the applicant to undertake or obtain further education, training and experience specified by the Board;
(b) impose 1 or more of the following additional conditions on the applicant's practising certificate:
(i) a condition restricting the places and times at which the applicant may provide pharmacy services;
(ii) a condition limiting the kind of pharmacy services that the applicant may provide;
(iii) a condition requiring that the applicant be supervised in the provision of pharmacy services by a particular person or by a person of a particular class;
(iv) such other conditions as the Board thinks fit.
A practising certificate remains in force from the date specified in it until the next date for payment of the annual fee fixed by the Board under section 31, unless the certificate is sooner cancelled.
(1) An application for a practising certificate must—
(a) be made to the Board in the manner and form approved by the Board; and
(b) be accompanied by the fee fixed under this Act.
(2) An applicant for a practising certificate must, if the Board so requires, provide the Board with specified information to enable the Board to determine the application.
36—Non-compliance with conditions of practising certificate If a pharmacist fails to satisfy the Board, in accordance with the practice rules, of compliance with the conditions of his or her practising certificate, the Board may, by written notice to the pharmacist—
(a) impose further conditions on the practising certificate of a kind referred to in section 33; or
(b) cancel the practising certificate and disqualify the pharmacist from holding a practising certificate for a specified period, until the fulfilment of specified conditions or until further order.
(1) A person must not provide restricted pharmacy services except at premises registered as a pharmacy under this section.
Maximum penalty: $50 000.
(2) The registered premises must incorporate areas used for any business carried on in association with the provision of pharmacy services.
(3) If, on application made to the Board for the registration of premises as a pharmacy, the Board is satisfied that the premises and its location comply with—
(a) the requirements of the regulations; and
(b) the requirements determined by the Board to be necessary for the registration of the premises as a pharmacy,
the Board must, subject to subsection (5), register the premises.
(4) Registration under this section remains in force until 31 December next ensuing after the grant of registration and may from time to time be renewed for successive periods of 1 year expiring on 31 December.
(5) The Board must not register, or renew the registration of, premises as a pharmacy unless it is satisfied that members of the public cannot directly access the premises from within the premises of a supermarket.
(6) The Board may refuse to renew the registration of premises as a pharmacy if not satisfied that the premises and its location comply with the requirements of the regulations or the requirements determined by the Board to be necessary for the registration of the premises as a pharmacy.
(7) An application for registration or renewal of registration under this section must—
(a) be made to the Board in the manner and form approved by the Board; and
(b) be accompanied by the registration fee fixed under this Act.
(8) An applicant for registration or renewal of registration must, if the Board so requires, provide the Board with specified information to enable the Board to determine the application.
(9) This section does not apply in relation to the dispensing of drugs or medicines by a medical practitioner in the ordinary course of his or her profession.
(10) In this section—
supermarket has the meaning assigned by the regulations.
(1) Friendly Society Medical Association Limited must not provide pharmacy services at more than 40 pharmacies in this State.
Maximum penalty: $50 000.
(2) A person other than a friendly society must not provide pharmacy services at more than 6 pharmacies in this State.
Maximum penalty: $50 000.
(3) A friendly society other than Friendly Society Medical Association Limited must not commence to provide pharmacy services at a pharmacy if friendly societies other than Friendly Society Medical Association Limited already provide pharmacy services at 9 pharmacies in this State or, if another number of pharmacies is prescribed, that number (as recorded on the register of pharmacies).
Maximum penalty: $50 000.
(4) In determining the number of pharmacies at which a natural person provides pharmacy services, pharmacies at which the person provides pharmacy services as a natural person and pharmacies at which bodies corporate in which the person occupies a position of authority provide pharmacy services must be taken into account.
A person who carries on a pharmacy business must ensure that a pharmacist is in attendance and available for consultation by members of the public at each pharmacy at which the business is carried on while the pharmacy is open to the public unless—
(a) restricted pharmacy services or prescribed pharmacy services are not offered to members of the public; and
(b) access to those areas of the pharmacy used for the provision of restricted pharmacy services or prescribed pharmacy services is physically prevented.
Maximum penalty: $50 000.
40—Certain other businesses not to be carried on at pharmacy A person must not, at a pharmacy, carry on a business consisting of or involving—
(a) the sale of alcohol or tobacco products; or
(b) the sale of animals; or
(c) the preparation of food or beverages for sale or consumption; or
(d) a prescribed activity.
Maximum penalty: $50 000.
(1) A person must not use premises outside Metropolitan Adelaide as a pharmacy depot unless the premises are registered as a pharmacy depot under this section.
Maximum penalty: $50 000.
(2) If, on application made to the Board for the registration of premises as a pharmacy depot, the Board is satisfied that—
(a) the premises comply with the regulations; and
(b) the premises comply with the requirements determined by the Board to be necessary for the registration of premises as a pharmacy depot,
the Board must register the premises.
(3) Registration under this section remains in force until 31 December next ensuing after the grant of registration and may from time to time be renewed for successive periods of 1 year expiring on 31 December.
(4) The Board may refuse to renew the registration of premises as a pharmacy depot if not satisfied that the premises comply with the regulations or the requirements determined by the Board to be necessary for the registration of the premises as a pharmacy depot.
(5) An applicant for registration or renewal of registration must, if the Board so requires, provide the Board with specified information to enable the Board to determine the application.
Division 5—Special provisions relating to pharmacy services providers
42—Information to be given to Board by pharmacy services providers
(1) A pharmacy services provider must—
(a) in the case of a person who was a pharmacy services provider immediately before the commencement of this section—within 60 days of that commencement; and
(b) in any other case—within 60 days of becoming a pharmacy services provider,
give written notice to the Board of—
(c) the provider's full name and business or (in the case of a corporation) registered address; and
(d) the address of the premises at which the provider provides pharmacy services; and
(e) the full names and nominated contact addresses of the pharmacists through the instrumentality of whom the provider is providing pharmacy services; and
(f) in the case of a corporate pharmacy services provider—the full names and addresses of all persons who occupy a position of authority in the provider.
(2) The provider must, within 30 days of any change occurring in the particulars required to be given under subsection (1), inform the Board in writing of the change.
(3) A person who contravenes or fails to comply with this section is guilty of an offence.
Maximum penalty: $10 000.
(4) The Board must keep a record of information provided to the Board under this section available for inspection, on payment of the prescribed fee, by any person during ordinary office hours at the office of the Board and may make the record available to the public by electronic means.
Division 6—Restrictions relating to provision of pharmacy services
43—Only qualified persons and corporate pharmacy services providers able to provide restricted pharmacy services
(1) A person must not provide a restricted pharmacy service unless—
(a) in the case of a natural person—
(i) he or she is a qualified person and provides the service personally or through the instrumentality of a natural person who is a qualified person; or
(ii) he or she is a pharmacist who does not hold a current practising certificate and provides the service through the instrumentality of a natural person who is a qualified person;
(b) in the case of a body corporate—
(i) the body corporate is a corporate pharmacy services provider; and
(ii) the body corporate provides the service through the instrumentality of a natural person who is a qualified person.
Maximum penalty: $50 000 or imprisonment for 6 months.
(2) Subsection (1) does not apply in relation to—
(a) a restricted pharmacy service provided by a natural person who is an unqualified person if—
(i) the person carried on a pharmacy business before 20 April 1972 and has continued to do so since that date; and
(ii) the service is provided through the instrumentality of a natural person who is a qualified person; or
(b) a restricted pharmacy service provided by the personal representative of a deceased pharmacist or person referred to in paragraph (a) if—
(i) the service is provided for a period of not more than 1 year (or such longer period as the Board may allow); and
(ii) the service is provided through the instrumentality of a natural person who is a qualified person; or
(c) a restricted pharmacy service provided by the official receiver of a bankrupt or insolvent pharmacist if—
(i) the service is provided for a period of not more than 1 year (or such longer period as the Board may allow); and
(ii) the service is provided through the instrumentality of a natural person who is a qualified person; or
(d) a restricted pharmacy service provided by a person vested by law with power to administer the affairs of a corporate pharmacy services provider that is being wound up or is under administration, receivership or official management if—
(i) the service is provided for a period of not more than 1 year (or such longer period as the Board may allow); and
(ii) the service is provided through the instrumentality of a natural person who is a qualified person.
(3) Subsection (1) does not apply in relation to a restricted pharmacy service provided by—
(a) an unqualified person in prescribed circumstances; or
(b) a person pursuant to an exemption under subsection (4).
(4) The Governor may, by proclamation, exempt a person from subsection (1) if of the opinion that good reason exists for doing so in the particular circumstances of the case.
(5) An exemption under subsection (4) may be subject to such conditions as the Governor thinks fit and specifies in the proclamation.
(6) A person who contravenes, or fails to comply with, a condition of an exemption under this section is guilty of an offence.
Maximum penalty: $50 000.
(7) The Governor may, by proclamation, vary or revoke a proclamation under this section.
(8) In this section—
qualified person , in relation to a restricted pharmacy service, means—
(a) a person who holds a current practising certificate and is authorised by or under this Act to provide such a service; or
(b) a person authorised by or under any other Act to provide such a service.
(1) A person must not hold himself or herself out as a registered pharmacy student or a pharmacist, or permit another person to do so, unless registered on the appropriate register.
Maximum penalty: $50 000 or imprisonment for 6 months.
(2) A person must not hold out another as a registered pharmacy student or a pharmacist unless the other person is registered on the appropriate register.
Maximum penalty: $50 000 or imprisonment for 6 months.
45—Illegal holding out concerning limitations or conditions
(1) A person whose registration is limited or subject to a condition under this Act must not hold himself or herself out as having a registration that is not limited or not subject to a condition or permit another person to do so.
Maximum penalty: $50 000 or imprisonment for 6 months.
(2) A person must not hold out another whose registration is limited or subject to a condition under this Act as having a registration that is not limited or not subject to a condition.
Maximum penalty: $50 000 or imprisonment for 6 months.
46—Use of certain titles or descriptions prohibited
(1) A person who is not registered on the appropriate register must not use a prescribed word, or its derivatives, to describe himself or herself or a service that he or she provides.
Maximum penalty: $50 000.
(2) A person must not, in the course of advertising or promoting a service that he or she provides, use a prescribed word, or its derivatives, to describe a person who is engaged in the provision of the service but is not registered on the appropriate register.
Maximum penalty: $50 000.
(3) A person must not, in the course of carrying on a business, use the word "pharmacy" to describe premises that are not registered as a pharmacy or pharmacy depot under this Act.
Maximum penalty: $50 000.
(4) In this section—
prescribed word means—
(a) in relation to registration on the pharmacy student register—registered pharmacy student;
(b) in relation to registration on the register of pharmacists—
(i) pharmacist; or
(ii) pharmaceutical chemist; or
(iii) homoeopathic chemist; or
(iv) dispensing chemist; or
(v) dispensing druggist; or
(vi) chemist and druggist;
(c) any other word or expression prescribed by the regulations.
In this Part—
(a) a reference to
occupier of a position of authority includes a reference to a person who is not but who was, at the relevant time, the occupier of a position of authority;(b) a reference to
pharmacy services provider includes a reference to a person who is not but who was, at the relevant time, a pharmacy services provider;(c) a reference to
registered person includes a reference to a person who is not but who was, at the relevant time, a registered person under this Act or the repealed Act.
(1) There is proper cause for disciplinary action against a registered person if—
(a) the person's registration was improperly obtained; or
(b) the person is guilty of unprofessional conduct; or
(c) the person is for any reason no longer a fit and proper person to be registered on the appropriate register.
(2)
7—Transitional provision relating to pharmacy students A person who was, immediately before the commencement of this clause, enrolled in a course of study that provides qualifications for registration on the register of pharmacists is, on due application to the Board, entitled to full registration on the pharmacy student register.
(1) Premises used as a delivery and collection point for drugs, medicines or other pharmaceutical products that have been pre-packaged for specific customers outside Metropolitan Adelaide and not otherwise used in the practice of pharmacy will, if registered under section 32 of the repealed Act immediately before the commencement of this clause, be taken to be registered as a pharmacy depot under this Act.
(2) Any other premises registered under section 32 of the repealed Act immediately before the commencement of this clause will be taken to be registered as a pharmacy under this Act.
The regulations may make other provisions of a savings or transitional nature consequent on the enactment of this Act.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of Act
The
Pharmacy Practice Act 2007 was repealed by Sch 1 cl 28(f) of theHealth Practitioner Regulation National Law (South Australia) Act 2010 on 1.7.2010.
Legislation repealed by principal Act The
Pharmacy Practice Act 2007 repealed the following:
Pharmacists Act 1991
Legislation amended by principal Act The
Pharmacy Practice Act 2007 amended the following:
Dental Practice Act 2001
Principal Act and amendments
Year
No
Title
Assent
Commencement
2007
7
Pharmacy Practice Act 2007 5.4.2007
8.11.2007 (
Gazette 8.11.2007 p4207 )2009
84
Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009
Pt 112 (s 264)—1.2.2010 (
Gazette 28.1.2010 p320 )
Provisions amended Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
amended under
Legislation Revision and Publication Act 2002 1.2.2010
Pt 1
s 2
omitted under Legislation Revision and Publication Act 2002
1.2.2010 Pt 2
s 17
amended by 84/2009 s 264
1.2.2010
Sch 1
Pts 1—3
omitted under Legislation Revision and Publication Act 2002
1.2.2010
0
0
0