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s 53

Cause for disciplinary action

In force
Part 4Pharmacy practice
Division 6Disciplinary proceedings

53 Cause for disciplinary action

(1)

There is proper cause for disciplinary action against a pharmacy services provider if—

(a)

the provider has contravened or failed to comply with a provision of this Act; or

(b)

there has been, in connection with the provision of pharmacy services in which the provider has an interest, a contravention or failure to comply with a code of conduct under this Act applying to the provider; or

(c)

the provider or any person employed or engaged by the provider has, in connection with the provision of pharmacy services, engaged in conduct that would, if the person were a pharmacist, constitute unprofessional conduct; or

(d)

the provider is for any reason not a fit and proper person to be a pharmacy services provider; or

(e)

in the case of a recognised corporate pharmacy services provider or a recognised trustee pharmacy services provider, an occupier of a position of authority in the provider—

(i)

has contravened or failed to comply with a provision of this Act; or

(ii)

has, in connection with the provision of pharmacy services by the provider, engaged in conduct that would, if the person were a pharmacist, constitute unprofessional conduct; or

(iii)

is for any reason not a fit and proper person to occupy a position of authority in the provider.

(2)

There is proper cause for disciplinary action against the occupier of a position of authority in a recognised corporate pharmacy services provider or a recognised trustee pharmacy services provider if—

(a)

the person has contravened or failed to comply with a provision of this

Act; or

(b)

the person has, in connection with the provision of pharmacy services by the provider, engaged in conduct that would, if the person were a pharmacist, constitute unprofessional conduct; or

(c)

the person is for any reason not a fit and proper person to occupy a position of authority in the provider; or

(d)

(i)

the provider has contravened or failed to comply with a provision of this Act; or

(ii)

there has been, in connection with the provision of pharmacy services by the provider, a contravention or failure to comply with a code of conduct under this Act applying to the provider; or

(iii)

the provider, or any person employed or engaged by the provider, has, in connection with the provision of pharmacy services by the provider, engaged in conduct that would, if the provider or the person were a pharmacist, constitute unprofessional conduct, unless it is proved that the person could not, by the exercise of reasonable care, have prevented the contravention, failure to comply or conduct.

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