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PHARMACY PRACTICE ACT 2004 (NO 80 OF 2004)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
PART 2--REGISTRATION
Division 1--Requirements for Registration
4. Application for registration
5. Qualifications for general registration
6. General registration
7. Specific registration
8. Registration as a pharmacy student
9. Interim registration
10. Non-practising registration
11. Endorsement
12. Post-graduate qualifications
13. Entitlement of applicant to make submissions
14. Notification of outcome of application
15. Duration and renewal of registration
16. Renewal of registration
17. Retraining after periods out of practice
18. Effect of suspension of registration
19. Registration obtained by fraud
Division 2--Other requirements
20. The Register
21. Certificates
22. Use of certificate as evidence
23. Requirement to notify the Board of changes of address
24. Provision of information
PART 3--PHARMACIES, PHARMACY DEPARTMENTS AND PHARMACY DEPOTS
Division 1--Ownership and Operation
25. Ownership of pharmacy businesses
26. Establishment of pharmacy businesses and pharmacy departments
27. Approval of pharmacies, pharmacy businesses or pharmacy departments
28. Establishment and operation of pharmacy depots
29. Notifications about pharmacy businesses and pharmacy departments
Division 2--Pharmacists' Responsibilities
30. Notification by pharmacists
31. Controls over the supply, compounding or dispensing of medicines
32. Personal supervision of pharmacy or pharmacy department
33. Access to closed pharmacies and pharmacy departments
Division 3--Other Requirements
34. Dispensing and recording of prescriptions
35. Security at pharmacy depots
Division 4--Approvals and revocation of approvals
36. Applications for approvals
37. Revocation of approvals
PART 4--INVESTIGATIONS
Division 1--Notification and commencement of investigations
38. Notifications about pharmacists
39. When notifications are to be dealt with by the Health Services Commissioner as complaints
40. Board may deal with a health records complaint as a notification
41. Commencement of investigations by the Board
42. Request for conditions or suspension
43. Suspension of registration at any time
44. Agreements to amend, vary or revoke conditions or revoke suspensions
45. Notice of preliminary investigation into ability or professional performance
Division 2--Specific provisions relating to the ability to practise or undertake clinical training
46. Medical examination
47. Report of examination
48. Outcome of preliminary investigation
49. Referral to a formal hearing
50. Findings and determinations of a formal hearing
Division 3--Specific provisions relating to the professional performance of pharmacists
51. Performance assessment
52. Report of assessment
53. Refusal to attend or co-operate
54. Outcome of preliminary investigation into a pharmacist's professional performance
55. Establishment and notice of a performance review panel
56. Constitution of a performance review panel
57. Conduct of a performance review panel
58. Outcome of a performance review panel's review
59. Referral to a medical examination or a formal hearing
60. Request for a formal hearing by a pharmacist
Division 4--Specific provisions relating to the professional conduct of pharmacists
61. Outcome of a preliminary investigation
62. Establishment and notice of an informal hearing
63. Constitution of a panel for an informal hearing
64. Notice of an informal hearing
65. Conduct of an informal hearing
66. Findings and determinations of an informal hearing
67. Change of informal hearing to formal hearing during course of hearing
68. Request for formal hearing upon completion of informal hearing
69. Finding and determinations of a formal hearing into conduct
70. Investigation may continue even if a person is no longer registered
Division 5--Special provisions relating to hearings
71. Application of Division
72. Establishment and notice of formal hearing
73. Constitution of a hearing panel for a formal hearing
74. Notice of a formal hearing
75. Preliminary conferences
76. Personal attendance may be required
77. Conduct of a formal hearing
Division 6--General provisions relating to hearings
78. Procedure at formal and informal hearings
79. Powers of panel conducting a formal hearing
80. Determinations
81. Removal of suspension or condition
82. Reasons for determinations of panel or Board
83. Notice of findings, determinations and hearings
84. Offence to disclose information identifying a notifier
85. Terms and conditions of appointment of panel members
PART 5--REVIEW BY VCAT
86. Review by Victorian Civil and Administrative Tribunal
87. Notification
PART 6--OFFENCES AND REGULATED CONDUCT
88. Claims by persons as to registration
89. Pharmacy students
90. Claims by persons as to approval
91. Fraud, forgery etc.
92. Undue influence
93. Offence of directing or inciting unprofessional conduct
94. Convicted offenders may be prohibited from carrying on pharmacy business
95. Offence of carrying on pharmacy business while prohibited
96. Effect of appeal against conviction
97. Power to require information from convicted persons
98. Register of prohibitions
99. Evidentiary certificate
100. Secretary to notify Board of prohibitions
101. Advertising
102. Advertising guidelines
103. Power of the courts to require corrective advertising
PART 7--ADMINISTRATION
104. Establishment of Board
105. Powers, functions and consultation requirements
106. Membership of the Board
107. Terms of office
108. Resignation and removal
109. President and Deputy President
110. Acting member
111. Payment of members
112. Procedure of Board
113. Effect of vacancy or defect
114. Member's interests
115. Resolutions without meetings
116. Approved methods of communication for Board
117. Immunity
118. Staff
119. Delegation
PART 8--REPORTING AND FINANCIAL PROVISIONS
120. Pharmacy Board Fund
121. Investment powers
122. Powers of Board in relation to fees
123. Repayment of advances
PART 9--ENFORCEMENT AND SUPPLEMENTARY PROVISIONS
124. Proceedings for offences
125. Authorisation of persons to assist in enforcement
126. Identification
127. Powers of entry to pharmacies
128. Board may examine documents
129. Powers of entry with warrant
130. Announcement before entry
131. Copy of warrant to be given
132. Copies or receipts to be given
133. Copies of seized documents
134. Retention and return of seized documents or things
135. Magistrates' Court may extend 3 month period
136. Protection against self-incrimination
137. Offence to give false or misleading information
138. Offence to hinder or obstruct authorised person
PART 10--GENERAL
139. Regulations
PART 11--SAVINGS AND TRANSITIONALS
Division 1--Savings and Transitional
140. Definitions
141. Repeal
142. Board succeeds old Board
143. Proceedings before the old Board
144. Application of this Act to conduct occurring before commencement of this Act
145. Existing registrations
146. Existing pharmacies, pharmacy departments and pharmacy depots
147. Cap on growth of pharmacy ownership for friendly society type companies
148. Board and regulations continue under the old Act
149. Preparation of annual report
Division 2--Consequential Amendments
150. Consequential amendments
SCHEDULE 1
SCHEDULE 2
ENDNOTES
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