Pharmacy and Pharmacy Disciplines Act, P-9.1

1 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 The Pharmacy and Pharmacy Disciplines Act being Chapter P‑9.1 of the Statutes of Saskatchewan, 1996 (effective January 1, 1998) as amended by the Statutes of Saskatchewan, 1998, c 6; 2002, c R‑8.2; 2003, c 8; 2009, c T‑23.01; 2010, c B‑12 and c 19; 2014, c E‑13.1 and c 17; 2015, c 17; 2016, c 28; 2017, c P‑30.3; 2018, c C‑2.111 and c 42; 2020, c 9 and c 13; 2021, c 6; 2023, c 6; and 2024, c 4. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES Table of Contents 1 Short title 36 Effect of expulsion, revocation or suspension 2 Interpretation 37 Criminal conviction ASSOCIATION 38 Criminal conduct 3 College 39 Repealed 3.1 Duty and objects of college 40 Report to council 4 Property 41 Appeal of discipline committee order 5 Membership 42 Review by court 6 Meetings 43 Effect of appeal COUNCIL 44 Reinstatement – members 7 Council 45 Permit reissuance 8 Public appointees 46 Discipline of former members and former 9 Resignation proprietors 10 Vacancy PHARMACIES 11 Officers and employees 47 Licensed pharmacist 12 Committees 48 Duty to inform registrar BYLAWS 49 Requirements for permits, advertising 13 Procedures and signs 14 Bylaws 50 Inspections 15 Filing of bylaws 51 Required standards 16 Register DRUGS 52 Regulations and bylaws REGISTRATION, LICENCES AND PERMITS 17 Admission 53 Formulary and interchangeable pharmaceutical products 18 Registration of members 54 Dispensing an interchangeable 19 Application for permit pharmaceutical product 20 Permits 55 Immunity – interchangeable pharmaceutical 21 Delegation and appeal products PROHIBITION GENERAL 22 Protection of title 56 Immunity 23 Authorized practices 57 Offence and penalty DISCIPLINE 58 Limitation of prosecution 23.1 Examination to assess whether curtailment 59 Report of termination of employment of practice should be ordered 60 Employment restriction 24 Professional incompetence 61 Review by Legislative Assembly 25 Professional misconduct 62 Record of revocation and notification 26 Proprietary misconduct 63 Annual register 27 Complaints committee 64 Annual report 28 Investigation 65 Compliance 29 Investigative powers 66 Service of notices, etc. 30 Suspension pending outcome of investigation REPEAL, TRANSITIONAL AND 31 Discipline COMING INTO FORCE 32 Discipline hearing 67 RSS 1978, c P‑9 repealed 33 Repealed 68 Transitional – bylaws 34 Disciplinary powers – members 69 Transitional – council 35 Disciplinary powers – proprietors 70 Transitional – licences and permits 71 Coming into force 3 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 CHAPTER P-9.1 An Act respecting Pharmacists, Pharmacy Technicians, Pharmacies and Drugs Short title 1 This Act may be cited as The Pharmacy and Pharmacy Disciplines Act. 2015, c 17, s 4. Interpretation 2 In this Act: (a) “administrative bylaw” means a bylaw made for a purpose set out in subsection 14(1); (b) Repealed. 2023, c 6, s 15‑2. (c) Repealed. 2003, c 8, s 3. (d) “bylaws” means the valid bylaws of the college; (d.1) “college” means the Saskatchewan College of Pharmacy Professionals continued pursuant to section 3; (e) “council” means the council of the college; (f) “councillor” means a person who is a member of the council; (g) “court” means the Court of King’s Bench; (h) “drug” means a substance or combination of substances included in the drug schedules established pursuant to the regulations made pursuant to section 52 and listed in the bylaws; (i) Repealed. 2003, c 8, s 3. (j) “formulary” means the formulary established by the minister pursuant to The Prescription Drugs Act; (k) “inspector” means a person who is designated pursuant to section 50; (l) “interchangeable pharmaceutical product” means a product that: (i) is identified in the formulary as being interchangeable with another product; 4 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES (ii) contains a drug or drugs in the same amounts, of the same active ingredients and in an equivalent dosage form as the product directed by the prescription; and (iii) contains a drug or drugs of acceptable equivalent therapeutic effectiveness as the product directed by the prescription; (m) “intern” means a person who is registered as a pharmacist intern or pharmacy technician intern pursuant to section 18; (n) “licensed pharmacist” means a member who is registered as a licensed pharmacist and holds a valid licence issued pursuant to section 18; (n.1) “licensed pharmacy technician” means a member who is registered as a licensed pharmacy technician and holds a valid licence issued pursuant to section 18; (o) “manager” means the licensed pharmacist who has been designated by the proprietor of a proprietary pharmacy to have authority over and be responsible for the operation of the pharmacy and who is named in the permit issued for the pharmacy as the manager; (p) “member” means a member of the college who is in good standing; (q) “minister” means the member of Executive Council to whom for the time being the administration of this Act is assigned; (r) “permit” means a permit issued pursuant to section 19; (s) “pharmacy” means a place where drugs are prepared, compounded, dispensed or sold by retail; (t) “practitioner” means a duly qualified medical practitioner, dentist, veterinarian or other health care professional whose profession is prescribed in the regulations as authorized to issue prescriptions; (u) “prescription” means an authorization given by a practitioner directing that a stated amount of any drug or mixture of drugs specified in it be dispensed for the person or animal named in the authorization; (v) “proprietor” means a person who controls the operation of a proprietary pharmacy; (w) “proprietary pharmacy” means a retail pharmacy that is not a publicly operated pharmacy; (x) “publicly operated pharmacy” means a pharmacy that is operated as part of or in conjunction with the operation of a hospital, community health centre, special‑care home or correctional institution if the pharmacy is operated by: (i) the government of Saskatchewan or the government of Canada; or (ii) the provincial health authority or an affiliate, as defined in The Provincial Health Authority Act; 5 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 (y) “record” includes any information that is recorded or stored in any medium or by means of any device, including a computer or electronic media; (z) “register” means the register kept pursuant to section 16; (aa) “registrar” means the person appointed pursuant to subsection 11(2); (bb) “regulatory bylaw” means a bylaw made: (i) for a purpose set out in subsection 14(2); or (ii) by the minister pursuant to section 52; (cc) “sell” includes: (i) advertising for sale; (ii) exposing or keeping for sale; (iii) selling or offering for sale, either directly or indirectly; or (iv) offering or attempting to sell or barter using any device or scheme. 1996, c P‑9.1, s 2; 2002, c R‑8.2, s 89; 2003, c 8, s 3; 2015, c 17, s 6; 2017, c P‑30.3, s 11‑1; 2023, c 6, s 15‑2; 2024, c4, s 32. ASSOCIATION College 3 The Saskatchewan College of Pharmacists is continued as a corporation to be known as the Saskatchewan College of Pharmacy Professionals. 2015, c 17, s 5. Duty and objects of college 3.1(1) It is the duty of the college at all times: (a) to serve and protect the public; and (b) to exercise its powers and discharge its responsibilities in the public interest and not in the interests of the members. (2) The objects of the college are: (a) to regulate the practice of the profession and to govern the members in accordance with this Act and the bylaws; and (b) to assure the public of the knowledge, skill, proficiency and competency of members in the practice of the profession. (3) In furtherance of its duty and objects, the college may: (a) establish, maintain and enforce standards for registration and of continuing competency and standards of practice for members; 6 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES (b) establish, maintain and enforce a code of ethics for members; (c) approve programs of study and education courses for the purposes of registration requirements; (d) establish and maintain a continuing competency program to promote high practice standards among members; and (e) carry out any other regulatory activity that the college determines is consistent with its duty and objects. 2023, c 6, s 15‑3. Property 4(1) The college may acquire, hold, mortgage, lease, sell or dispose of any property. (2) All fees, fines and penalties receivable or recoverable pursuant to this Act are the property of the college. (3) The college may invest its funds in investments in which trustees are authorized to invest pursuant to The Trustee Act, 2009 and may sell or otherwise dispose of those investments and reinvest the proceeds in similar investments. (4) The council may establish and administer a fund in accordance with the bylaws: (a) to provide scholarships, fellowships or bursaries to assist members, interns and students of pharmacy or pharmacy technician programs to secure education and to conduct research in the field of pharmacy; (b) to provide for a benevolent fund for members; (c) for any purpose consistent with the objectives of the college. 1996, c P‑9.1, s 4; 2003, c 8, s 5; 2009, c T‑23.01, s 64; 2015, c 17, s 7. Membership 5 The membership of the college consists of: (a) those persons who are members of the Saskatchewan College of Pharmacists on the day before this section comes into force; and (b) those persons who are admitted as members of the college pursuant to this Act and the bylaws. 2003, c 8, s 6; 2015, c 17, s 8. Meetings 6(1) An annual meeting of the college is to be held at the time and place that is determined by the council in accordance with the bylaws. (2) The procedure at an annual meeting or special meeting is to be determined by the bylaws. 7 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 (3) A special meeting of the college for the transaction of the business that is specified in the resolution or request is to be held: (a) on resolution of the council; or (b) on the request, in writing, of the number of members specified in the bylaws. (4) Notice of the time, place and purpose of an annual or special meeting is to be given to the members in the manner prescribed by the bylaws. (5) Notwithstanding subsection (4), the council shall give notice of a special meeting within 60 days of the request or resolution for a special meeting. 1996, c P‑9.1, s 6; 2003, c 8, s 7. COUNCIL Council 7(1) The council shall govern, manage and regulate the affairs and business of the college. (2) The council consists of: (a) the number of councillors elected or appointed in accordance with the bylaws; and (b) the persons appointed pursuant to section 8. (3) Councillors elected or appointed pursuant to clause (2)(a) are entitled to remuneration and reimbursement for expenses in the amount prescribed in the bylaws. (4) Each councillor elected or appointed pursuant to clause (2)(a) holds office: (a) for the term prescribed in the bylaws; and (b) until the person’s successor is elected or appointed, as the case may be. 2023, c 6, s 15‑4. Public appointees 8(1) The Lieutenant Governor in Council may appoint four persons who reside in Saskatchewan as councillors. (2) Where the Lieutenant Governor in Council appoints a person as a councillor, the term of office of that person is not to exceed three years. (3) Subject to subsection (4), a councillor appointed pursuant to this section holds office until the person’s successor is appointed and is eligible for reappointment, but is not eligible to hold office for more than two consecutive terms. (4) A councillor appointed pursuant to this section ceases to hold office if the person ceases to be a resident of Saskatchewan. 8 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES (5) A councillor appointed pursuant to this section may exercise rights and serve as a member of committees to the same extent as other councillors, but is not eligible to be an officer of the college. (6) At least one councillor appointed pursuant to this section is to be a member of the discipline committee. (7) The absence or inability to act as a member of the discipline committee by a councillor appointed pursuant to this section or the failure to appoint a councillor pursuant to this section does not impair the ability of the other members of the discipline committee to act. (8) The minister shall pay remuneration and reimbursement for expenses of councillors appointed pursuant to this section at the rate determined by the Lieutenant Governor in Council. 1996, c P‑9.1, s 8; 2003, c 8, s 9; 2015, c 17, s 9; 2023, c 6, s 15‑8. Resignation 9(1) A councillor elected or appointed pursuant to clause 7(2)(a) may resign by giving a written notice of resignation to the council. (2) A councillor appointed pursuant to section 8 may resign by giving a written notice of resignation to the minister and the council. (3) The resignation of a councillor is effective on the date stated on the written notice or, if no date is stated: (a) in the case of the resignation of a councillor elected or appointed pursuant to clause 7(2)(a), on the date the written notice is received by the council; or (b) in the case of the resignation of a councillor appointed pursuant to section 8, on the date the written notice is received by the minister. 2023, c 6, s 15‑6. Vacancy 10(1) When the office of a person elected or appointed as a councillor pursuant to clause 7(2)(a) becomes vacant, the remaining councillors may appoint another person to fill the vacancy until the earlier of: (a) the expiry of the term of office of the person who ceased to be a councillor; and (b) the day on which a person is elected or appointed to fill the vacancy in accordance with this Act and the bylaws. (2) A vacancy in the membership of the council does not impair the power of the remaining councillors to act. (3) If the licence of a member serving as a councillor is suspended, the member’s powers and duties as a councillor are suspended for the same period. 9 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 (4) If a member serving as a councillor is expelled from the college, the member ceases to be a councillor on the day the member is expelled. 2023, c 6, s 15‑6. Officers and employees 11(1) The officers of the college are to be those that are: (a) designated in the bylaws; and (b) appointed or elected in accordance with the bylaws. (2) The council shall appoint a registrar. (3) The council may engage any employees the council considers necessary to carry out the duties and functions of the college. (4) Subject to this Act and the bylaws, the council shall determine the duties, responsibilities and remuneration of employees of the college. 1996, c P‑9.1, s 11; 2003, c 8, s 10. Committees 12(1) The council may establish any committees that are provided for by the bylaws or that it considers necessary. (2) The council shall appoint members to any committees that are provided for by this Act or the bylaws or that it has established pursuant to subsection (1). (3) Committee members are entitled to be paid any remuneration and reimbursement for expenses that may be prescribed in the bylaws. (4) The council may delegate any of its powers or duties, other than the power to make bylaws, on those terms or conditions that the council may determine, to the registrar or to a committee that is: (a) provided for by this Act or the bylaws; or (b) established pursuant to subsection (1). (5) Subject to this Act and the bylaws, a committee may establish its own procedures. 1996, c P‑9.1, s 12. BYLAWS Procedures 13(1) The council may make bylaws for any purpose set out in section 14. (2) The registrar shall notify each member of each bylaw made pursuant to subsection (1) within 60 days after the bylaw is made. 10 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES (3) Failure to comply with subsection (2) does not invalidate a bylaw. (4) Subject to subsection (5), an administrative bylaw comes into force on the date specified in the bylaw, which date shall not be earlier than the date on which the bylaw is passed by the council. (5) If an administrative bylaw does not specify the date on which it comes into force, the bylaw comes into force on the date on which it is passed by the council. (6) No regulatory bylaw made by the council comes into force until it is: (a) approved by the minister pursuant to section 15; and (b) published in the Gazette. 2023, c 6, s 15‑7. Bylaws 14(1) Subject to this Act, administrative bylaws may be made pursuant to section 13 for the following purposes: (a) prescribing the seal of the college; (b) providing for the execution of documents by the college; (c) respecting the management of the property of the college; (d) respecting the banking and financial dealings of the college; (e) fixing the fiscal year of the college and providing for the audit of the accounts and transactions of the college; (f) respecting the making of grants for any purpose that: (i) advances scientific knowledge or pharmaceutical education; (ii) maintains or improves the standards of practice by licensed pharmacists or licensed pharmacy technicians; (iii) supports and encourages public information and interest in the past and present role of pharmacists or pharmacy technicians in society; or (iv) is not inconsistent with this Act or the bylaws; (f.1) respecting the making of grants, contributions or other payments to the Pharmacy Association of Saskatchewan Inc. or a similar organization for any purpose that is consistent with the objectives of the college including, without limiting the generality of the foregoing, the operation, funding or administration of a program to provide compensation to pharmacies or pharmacists for professional services provided by pharmacists that are not compensated pursuant to The Prescription Drugs Act; (g) prescribing the organization, powers and procedures of the council and regulating the council in the performance of its duties; 11 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 (h) providing for the receipt, management and investment of contributions, donations or bequests; (i) regulating joint participation by the college with any educational institution or any person, group, association, organization or body corporate having goals or objectives similar to those of the college; (j) prescribing the number and terms of office of councillors, other than persons appointed pursuant to section 8; (k) governing the procedures for the election or appointment of councillors, other than persons appointed pursuant to section 8; (l) prescribing the conditions disqualifying persons from sitting on the council, and governing the filling of vacancies on the council, other than with respect to councillors appointed pursuant to section 8; (m) respecting the holding and procedures of meetings of the council and annual or special meetings of the college; (n) prescribing the duties of councillors and officers; (n.1) respecting the establishment of panels of the complaints committee and the discipline committee and the composition of the panels, determining the duties of the panels and establishing procedures for the operation of the panels; (o) prescribing the remuneration and reimbursement for expenses for councillors, officers and committee members, other than persons appointed pursuant to section 8; (p) establishing any committees that the council or college considers necessary and prescribing the manner of election or appointment of members to those committees and the duties of the committees; (q) prescribing the officers of the college and governing the procedure for the appointment or election of those officers; (r) prescribing the appointment, term of office, remuneration, and duties of the registrar, inspectors and employees of the college; (s) prescribing the amounts of registration, licensing, permit and other fees payable to the college, the times of payment and the penalties for late payment; (t) prescribing any other thing that is necessary for the effective administration of the college. (2) Subject to this Act, regulatory bylaws may be made pursuant to section 13 for the following purposes: (a) prescribing qualifications, standards and tests of competency for: (i) the registration of persons or any category of persons as members or interns; and (ii) the issuing of licences; 12 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES (a.1) prescribing qualifications, standards and tests of competency for determining whether a member may be licensed to perform an authorized practice pursuant to section 23; (b) prescribing the requirements for the issuing of permits; (c) prescribing: (i) procedures governing the registration of persons or any category of persons as members or interns; (ii) procedures governing the issuing of licences and permits; and (iii) the terms and conditions of licences and permits; (d) providing for a code of professional ethics; (e) setting standards of professional conduct, competency and proficiency of members; (f) establishing categories of membership, and prescribing the rights and privileges of each category; (g) governing: (i) examinations for registration purposes; and (ii) approval of education programs for purposes of registration and prescribing the terms and conditions for initial or continued approval of those programs; (h) setting requirements for maintenance of memberships, licences and permits; (i) setting standards regarding the manner and method of practice of members; (i.1) Repealed. 2015, c 17, s 10. (j) regulating the use of terms or designations by members and proprietors with respect to their practice; (k) defining activities that constitute a conflict of interest and prohibiting the participation of members in those activities; (l) regulating the advertising of drugs or professional services by members and proprietors; (m) defining the area of a premises to which a permit applies; (n) prescribing procedures for: (i) the review, investigation and disposition by the complaints committee of complaints alleging that: (A) a member is guilty of professional misconduct or professional incompetence; or (B) a proprietor is guilty of proprietary misconduct; 13 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 (ii) hearings by the discipline committee of complaints alleging that: (A) a member is guilty of professional misconduct or professional incompetence; or (B) a proprietor is guilty of proprietary misconduct; (iii) reviews pursuant to subsection 21(4); (iv) appeals pursuant to section 41; (n.1) respecting the establishment of panels of the complaints committee and the discipline committee and the composition of the panels, determining the duties of the panels and establishing procedures for the operation of the panels. (o) prescribing the records to be kept, returns to be made and information to be furnished with respect to proprietary pharmacies and the practice of members and providing for the examination and audit of those records; (p) governing the reinstatement of a member who has been expelled; (q) governing the reissuance of a proprietor’s permit that has been revoked; (r) prescribing the circumstances under which members are required to attend re‑entry education programs and courses, and approving programs and courses for that purpose; (s) setting standards for continuing education and the participation of members in continuing education; (t) establishing a program for the assessment of the competency of members; (u) governing the delegation of functions by a member and prescribing the standards, terms and conditions of that delegation; (v) relating to the conditions under which drugs must be prepared, compounded, sold, stored or dispensed in a proprietary pharmacy and specifying the period during which a prescription is a valid order; (w) respecting the reporting and publication of decisions and reports of the council and committees; (x) respecting the establishment and closure of proprietary pharmacies; (y) respecting substance abuse programs for members; (z) prescribing the number of members required to demand a special meeting of the college; (aa) prescribing the minimum amount of liability protection that members and proprietors are required to obtain or providing for a scheme of insurance to indemnify members for professional liability and respecting the payment or remittance of premiums in connection with it; (bb) prescribing requirements and standards for the operation of a proprietary pharmacy, including, but not limited to: (i) use and supervision of support persons; 14 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES (ii) equipment and supplies to be used in the operation of a proprietary pharmacy; (iii) physical requirements for premises; (iv) name, signage and other forms of public identification of a proprietary pharmacy; (cc) relating to the responsibilities of managers and proprietors of proprietary pharmacies; (dd) prescribing the circumstances under which a proprietary pharmacy may be operated in the absence of a licensed pharmacist; (ee) prescribing specific drugs in the drug schedules; (ff) prescribing levies to be paid by members and proprietors and exempting members and proprietors from all or part of that levy; (gg) prescribing the service of notices and the types of notice that may be served electronically; (hh) prescribing any other matters considered necessary for the better carrying out of this Act. 1996, c P‑9.1, s 14; 2003, c 8, s 12; 2015, c 17, s 10; 2016, c28, s 18; 2023, c 6, s‑15‑8. Filing of bylaws 15(1) The college shall file with the minister two copies, certified by the registrar to be true copies, of: (a) all regulatory bylaws; and (b) any amendment to a regulatory bylaw together with two certified copies of the regulatory bylaw to which the amendment relates. (2) Where the minister does not advise the college in writing within 90 days of receiving copies of the regulatory bylaw or amendment that the minister approves the regulatory bylaw or amendment, the regulatory bylaw or amendment is deemed not to be approved. (3) Where the minister approves a regulatory bylaw or an amendment to a regulatory bylaw, the minister shall file with the Registrar of Corporations two copies, certified by the registrar to be true copies, of the regulatory bylaw or amendment. (4) Repealed. 2023, c 6, s 15‑9. (5) Within 30 days after an administrative bylaw or an amendment to an administrative bylaw is made, the council shall file with the Registrar of Corporations two copies, certified by the registrar to be true copies, of the administrative bylaw or amendment. (6) Repealed. 2023, c 6, s 15‑9. 15 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 (7) An administrative bylaw or an amendment to an administrative bylaw that is not filed within the time required by subsection (5) is deemed to be revoked on the expiration of the 30 days mentioned in subsection (5). 1996, c P‑9.1, s 15; 2003, c 8, s 13; 2010, c B‑12, s 51; 2021, c 6, s 23‑26; 2023, c 6, s 15‑9. Register 16(1) In accordance with the bylaws, the council shall keep a register in which is recorded: (a) the name, address and category of registration of every member; (b) the name and address of every intern; and (c) the name and address of every proprietary pharmacy, its manager and proprietor. (2) The register is to be: (a) kept at the head office of the college; and (b) open for inspection by all persons, without fee, during normal office hours of the college. (2.1) The register may be made available in any other manner acceptable to the registrar, including an electronic format. (3) A certificate purporting to be signed by the registrar and stating that a named person was or was not, on a specified day or during a specified period, a member, a licensed pharmacist, a licensed pharmacy technician, an intern, a proprietor, a manager or a member whose licence is suspended or a proprietor whose permit is suspended according to the register, or an extract from the register that is certified by the registrar, is admissible in evidence as proof, in the absence of evidence to the contrary, of its contents without proof of the registrar’s appointment or signature. 1996, c P‑9.1, s 16; 2003, c 8, s 14; 2015, c 17, s 11; 2020, c 9, s 28. REGISTRATION, LICENCES AND PERMITS Admission 17(1) The council, in accordance with this Act and the bylaws, may register persons as members or interns. (2) The council, in accordance with this Act and the bylaws, may issue licences to members. 1996, c P‑9.1, s 17. 16 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES Registration of members 18(1) The council may register as a member, and issue a licence to, a person who produces evidence establishing to the satisfaction of the council that the person: (a) if the person: (i) is applying for membership as a licensed pharmacist, has successfully completed a pharmacy program recognized by the council from an educational institution recognized by the council; or (ii) is applying for membership as a licensed pharmacy technician: (A) has successfully completed a pharmacy technician program recognized by the council from an educational institution recognized by the council; or (B) has successfully completed any evaluating examinations for pharmacy technicians recognized by the council. (1.1) Notwithstanding subsection (1), the council may register as a member, and issue a licence to, a person who produces evidence establishing to the satisfaction of the council that the person: (a) has paid the prescribed fees; (b) has complied with the bylaws with respect to registration; and (c) is registered as the equivalent of a pharmacist or pharmacy technician in good standing pursuant to the legislation of another jurisdiction in Canada, or the legislation of a jurisdiction outside of Canada that is recognized by the council. (2) The council may register a person as an intern for the purpose of training that person as a pharmacist or pharmacy technician if the person: (a) has complied with the bylaws with respect to registration; and (b) has paid the prescribed fees. (3) Notwithstanding subsection (1), the council may register a physician, who is licensed pursuant to The Medical Profession Act, 1981, as a member and issue a licence to the physician, in the circumstances and under the terms and conditions specified in the bylaws, if the physician: (a) has complied with the bylaws with respect to registration; and (b) has paid the prescribed fees. 1996, c P‑9.1, s 18; 2010, c 19, s 27; 2015, c 17, s 12. Application for permit 19(1) The council may issue a permit to operate a proprietary pharmacy to an applicant who meets the requirements of subsection (2) and who produces evidence establishing to the satisfaction of the council that the applicant: (a) is a member; (b) is a corporation, the majority of the directors of which are members, and that one of those directors is the manager of the pharmacy; 17 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 (c) is a co‑operative incorporated, continued or registered pursuant to The Co-operatives Act, 1996; or (d) Repealed. 2014, c 17, s 9. (2) An applicant for a permit must: (a) submit an application on the form prescribed by the council; (b) pay the application fee; and (c) provide any further information or material requested by the council. (3) Where on reasonable grounds the council is of the opinion that a permit issued pursuant to subsection (1) should be restricted, the council may issue a permit subject to any terms and conditions that it considers appropriate. (4) Where the council refuses to issue a permit or issues a permit pursuant to subsection (3), the council shall notify the applicant in writing of its decision and the reasons for the decision. 1996, c P‑9.1, s 19; 2014, c 17, s 9; 2015, c 17, s 13; 2020, c 13, s 10. Permits 20(1) Every proprietary pharmacy permit is to contain the name of the proprietor of the pharmacy, the name and address of the pharmacy, and the name of the licensed pharmacist who is the manager of the pharmacy for which the permit is issued. (2) If the licensed pharmacist named as the manager of a proprietary pharmacy in a permit ceases to be the manager, the proprietor shall, not later than five days prior to the change, provide the registrar with the name of the licensed pharmacist who is to replace that person as the manager. (3) A permit is valid and effective for the period specified in the permit. (4) Every proprietor to whom a proprietary pharmacy permit is issued shall comply with the terms and conditions contained in the permit. (5) A permit is not transferable. (6) Every proprietor shall display the permit that has been issued for that proprietary pharmacy in a place on the proprietary pharmacy premises where it is conspicuous to the public. (7) Where any of the information mentioned in subsection (1) changes, the council, in its discretion, may: (a) require that an application for a new permit be submitted; or (b) amend the permit originally issued. 1996, c P‑9.1, s 20. Delegation and appeal 21(1) The council may delegate to the registrar the power to do any of the following: (a) register persons as members; (b) issue licences to members; 18 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES (c) register persons as interns; (d) issue or amend permits. (2) Where a power is delegated pursuant to this section, the exercise of that power by the registrar is deemed to be an exercise of the power by the council. (3) The council may impose any terms and conditions that it considers appropriate on a delegation of its powers. (4) A person who is aggrieved by a decision of the registrar made pursuant to a delegated power may apply to the council to review that decision. (5) On a review pursuant to subsection (4), the council shall hear the review and may: (a) direct the registrar to exercise the power in a manner that the council considers appropriate; or (b) confirm the registrar’s decision. (6) On a review pursuant to subsection (4), the person aggrieved by the decision of the registrar has the right to appear in person before the council in support of the application. (7) The council shall cause the applicant to be informed in writing of its decision regarding the review. 1996, c P‑9.1, s 21. PROHIBITION Protection of title 22(1) No person other than a licensed pharmacist shall use the title “pharmacist”, “pharmaceutical chemist”, “druggist”, “chemist and druggist”, “apothecary” or any word or designation, abbreviated or otherwise, to imply that the person is a licensed pharmacist. (2) No person other than a licensed pharmacy technician shall use the title “pharmacy technician” or any word or designation, abbreviated or otherwise, to imply that the person is a licensed pharmacy technician. (3) No person other than a pharmacist intern practising under the supervision of a licensed pharmacist shall use the title ‘pharmacist intern’ or any word, title or designation, abbreviated or otherwise, to imply that the person is a pharmacist intern. (4) No person other than a pharmacy technician intern practising under the supervision of a licensed pharmacy technician shall use the title ‘pharmacy technician intern’ or any word, title or designation, abbreviated or otherwise, to imply that the person is a pharmacy technician intern. 2015, c 17, s 14. 19 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 Authorized practices 23(1) No person other than a licensed pharmacist, licensed pharmacy technician, or intern practising under the supervision of a licensed pharmacist or a licensed pharmacy technician, may prepare, compound, dispense or sell drugs in Saskatchewan. (2) A licensed pharmacist, licensed pharmacy technician or intern practising under the supervision of a licensed pharmacist or a licensed pharmacy technician may, subject to the terms, conditions and restrictions of that person’s licence, perform all or any of the following practices: (a) advise patients and other health care providers by providing drug and non‑drug therapy knowledge respecting drug and non‑drug therapy selection and use; (b) monitor responses to and outcomes of drug therapy; (c) compound, prepare, dispense and sell drugs; (d) provide non‑prescription drugs, parenteral nutrition and health care aids and devices; (e) supervise and manage drug distribution systems to maintain public safety and drug system security. (3) A licensed pharmacist who meets the qualifications set out in this Act and the bylaws, may, subject to the terms, conditions and restrictions on that licensed pharmacist’s licence, perform all or any of the following practices: (a) prescribe and administer drugs in accordance with the bylaws made pursuant to this Act and the regulations made pursuant to section 52; (b) prescribe treatments and health care aids and devices related to the practice of pharmacy in Saskatchewan; (c) access and use patient‑administered automated tests designated in the bylaws and interpret the results of those tests; (d) access, order, perform, use or interpret medical laboratory tests in accordance with the regulatory bylaws made pursuant to this Act and the regulations made pursuant to The Medical Laboratory Licensing Act, 1994. (4) Subsection (1) does not apply to: (a) the practice of any profession or occupation by any person practising pursuant to the authority of any other Act; (b) a person who is authorized pursuant to the Food and Drugs Act (Canada), the Controlled Drugs Substances Act (Canada) or the Cannabis Act (Canada) to sell drugs to a pharmacist or practitioner; (c) a person selling feed within the meaning of the Feeds Act (Canada), if that Act and the regulations pursuant to that Act are complied with; 20 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES (d) a person who is a wholesale dealer, who sells drugs in the ordinary course of wholesale dealing, if the drugs: (i) are in sealed manufacturers’ packages; and (ii) are sold only to a person who is authorized to sell drugs; (e) a person selling poisons registered pursuant to the Pest Control Products Act (Canada); (f) a person selling insecticides, herbicides or fungicides used for agricultural or horticultural purposes; (g) a person who sells a proprietary medicine within the meaning from time to time assigned to that expression by the regulations made pursuant to the Food and Drugs Act (Canada), if the sale of the proprietary medicine does not contravene the regulations made pursuant to section 52 of this Act; (h) a person who is a member of the Canadian Armed Forces who is carrying out duties as a pharmacist or pharmacy technician and whose practice is confined to a Canadian Armed Forces Base. 2015, c 17, s 15; 2016, c28, s 18; 2018, c C‑2.111, s 7‑13. DISCIPLINE Examination to assess whether curtailment of practice should be ordered 23.1(1) If the registrar or the complaints committee has reasonable grounds to believe that a member or a proprietor may be suffering a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the member’s ability to practise in the profession and causes the continued practice in the profession by the member or proprietor to constitute a danger to the public, the registrar or complaints committee may: (a) direct the member or proprietor to submit to a physical or mental examination, or both, by a person or at a facility specified by the registrar or complaints committee; (b) request the person or facility conducting the examination of the member or proprietor to report, with written reasons and within a time specified by the registrar or complaints committee, to: (i) the complaints committee; and (ii) the member or proprietor; and (c) for the period necessary to allow the registrar or complaints committee to act pursuant to clauses (a) and (b) and to receive, consider and act pursuant to this section on the report: (i) impose limitations or conditions on the member’s licence or proprietor’s permit; or (ii) suspend the member’s licence or proprietor’s permit. 21 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 (2) If the registrar or complaints committee imposes limitations, conditions or a suspension pursuant to clause (1)(c), the registrar or complaints committee must give the member or proprietor an opportunity to be heard within 15 days after the imposition of the limitations, conditions or suspension. (3) If the complaints committee receives a report pursuant to clause (1)(b) concluding that: (a) the continued practice of the member or proprietor constitutes a danger to the public; and (b) remedial measures are necessary and, if these remedial measures are taken, the public will be adequately protected; the complaints committee may: (c) impose limitations or conditions on the member’s licence or proprietor’s permit; or (d) suspend the member’s licence or proprietor’s permit; and the limitations, conditions or suspension apply until the member or proprietor satisfies the complaints committee that it should act pursuant to clause (5)(a). (4) The complaints committee must not act pursuant to subsection (3) unless it has first given the member an opportunity to respond to the proposed limitations, conditions or suspension. (5) If action has been taken pursuant to subsection (3) concerning a member or proprietor, the complaints committee may do all or any of the following: (a) cancel or amend a limitation or condition or cancel the suspension to allow the member or proprietor to resume practice if the complaints committee is satisfied, on the application of the member or proprietor, that the member or proprietor can resume practice without constituting a danger to the public; (b) delay any investigation or written report mentioned in section 28; (c) decide not to refer the complaint to a hearing before the discipline committee if the complaints committee is satisfied that: (i) the member’s or proprietor’s condition mentioned in subsection (1) caused or substantially contributed to the member’s or proprietor’s conduct described in the complaint; and (ii) the actions taken pursuant to subsection (3) have provided appropriate public protection. (6) If the complaints committee acts pursuant to subsection (5), the complaints committee must deliver written notice of its decision, with written reasons, to the complainant within 30 days after making its decision. 22 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES (7) A member or proprietor aggrieved by a decision of the registrar or the complaints committee pursuant to subsection (1) or (3) may appeal the decision to the court, and sections 42 and 43 apply, with any necessary modification, to the appeal. (8) Failure by a member or proprietor to submit to an examination directed pursuant to subsection (1) or to comply with a limitation, condition or suspension imposed on the member or proprietor pursuant to subsection (3) is professional misconduct by the member, or proprietary misconduct by the proprietor, within the meaning of this Act. 2023, c 6, s 15‑10. Professional incompetence 24 Professional incompetence is a question of fact, but the display by a member of: (a) a lack of knowledge, skill or judgment; or (b) a disregard for the welfare of members of the public served by the profession; of a nature or to an extent that demonstrates that the member is unfit to continue in the practice of the profession is professional incompetence within the meaning of this Act. 1996, c P‑9.1, s 24. Professional misconduct 25 Professional misconduct by a member is a question of fact, but any matter, conduct or thing, whether or not disgraceful or dishonourable, is professional misconduct within the meaning of this Act if: (a) it is harmful to the best interests of the public or the members; (b) it tends to harm the standing of the profession; (c) it is a breach of this Act, the regulations or the bylaws or any other Act or Act of the Parliament of Canada relating to the preparing, compounding, dispensing, storing or selling of drugs; (d) it is a failure to comply with an order of the complaints committee, the discipline committee or the council; or (e) it is a failure to provide an inspector with any information reasonably required by the inspector to conduct an inspection pursuant to this Act. 1996, c P‑9.1, s 25. Proprietary misconduct 26 Proprietary misconduct by a proprietor is a question of fact, but any matter, conduct or thing, whether or not disgraceful or dishonourable, is proprietary misconduct within the meaning of this Act if: (a) it is harmful to the best interests of the public or the members; (b) it tends to harm the standing of the profession; 23 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 (c) it is a breach of this Act, the regulations or the bylaws or any other Act or Act of the Parliament of Canada relating to the preparing, compounding, dispensing, storing or selling of drugs; (d) it is a failure to comply with an order of the complaints committee, the discipline committee or the council; (e) it encourages a member or proprietor to breach this Act, the regulations or the bylaws; or (f) it is a failure to provide an inspector with any information reasonably required by the inspector to conduct an inspection pursuant to this Act. 1996, c P‑9.1, s 26. Complaints committee 27(1) The complaints committee is established consisting of: (a) at least three persons appointed by the council, the majority of whom are to be licensed pharmacists, if a complaint is against a licensed pharmacist or a proprietor; (b) at least three persons appointed by the council, the majority of whom are to be licensed pharmacy technicians, if a complaint is against a licensed pharmacy technician; or (c) at least three persons appointed by the council, the majority of whom are to be a combination of licensed pharmacists and licensed pharmacy technicians, if a complaint is against: (i) a licensed pharmacist or a proprietor; and (ii) a licensed pharmacy technician. (2) No member of the discipline committee or councillor elected or appointed pursuant to clause 7(2)(a) is eligible to be a member of the complaints committee. (3) If a panel of the complaints committee is established in accordance with the bylaws, a decision of the panel has the same effect as a decision of the complaints committee. 2015, c 17, s 16; 2023, c 6, s 15‑11. Investigation 28(1) If the complaints committee is requested by the council to consider a complaint or is in receipt of a written complaint alleging that a member is guilty of professional misconduct or professional incompetence, or that a proprietor is guilty of proprietary misconduct, the committee shall review and investigate the complaint. (2) In investigating the complaint, the complaints committee may take any steps authorized by section 29. 24 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES (3) On completion of its investigation, the complaints committee may do one or more of the following: (a) make a written report to the discipline committee recommending that the discipline committee hear and determine the formal complaint set out in the written report; (b) make a written report to the discipline committee recommending that no further action be taken with respect to the matter under investigation; (c) refer the complaint to mediation, if the complaints committee decides that the complaint is of concern only to the complainant and the investigated member or proprietor, both of whom agree to mediation; (d) require the investigated member or proprietor to appear before the complaints committee, or a panel of the committee, to be cautioned;

(e) require the investigated member or proprietor to complete a specified continuing education or remediation program; (f) accept the voluntary surrender of the registration, licence or permit of the investigated member or proprietor; (g) accept an undertaking from the investigated member or proprietor that provides for one or more of the following: (i) assessment of the capacity or fitness of the investigated member or proprietor to practise in the profession; (ii) counselling or treatment of the investigated member or proprietor; (iii) monitoring or supervision of the practice of the investigated member or proprietor; (iv) completion by the investigated member or proprietor of a specified course of studies by way of remedial training; (v) placing conditions on the investigated member’s or proprietor’s right to practise in the profession; (h) take any other action that the complaints committee considers appropriate that is not inconsistent with or contrary to this Act or the bylaws. (4) The formal complaint set out in a written report made pursuant to clause (3) (a) may relate to any matter disclosed in the complaint received pursuant to subsection (1) or the investigation conducted pursuant to subsection (2). (5) A report signed by a majority of the complaints committee is the decision of that committee. (6) A copy of a written report made pursuant to clause (3)(b) recommending that no further action be taken shall be provided by the registrar to: (a) the council; (b) the complainant, if any; and (c) the member or proprietor whose conduct is the subject of the complaint mentioned in subsection (1). 2023, c 6, s 15‑12. 25 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 Investigative powers 29(1) The complaints committee may take any steps that it considers proper and may summon any person who is under investigation and any other person whose information may be relevant to the investigation. (2) For the purposes of an investigation, the complaints committee may, at any reasonable time: (a) require any person to answer any relevant questions and direct the person to answer the questions under oath or affirmation; (b) require any person to give to the committee any book, record, document or thing relevant to the investigation that is in the person’s possession or under the person’s control; (c) enter and inspect any premises or place where the investigated member or proprietor practises or has practised in the profession; (d) inspect, observe or audit the practice of the investigated member or proprietor; and (e) examine any equipment, materials or any other thing used by the investigated member or proprietor. (3) For the purposes of an investigation, the complaints committee may: (a) require the investigated member or proprietor to provide access to any computer system used in connection with the member’s or proprietor’s practice in order to produce a record in readable form; (b) photograph or create images of the premises or place; or (c) use any copying equipment at the premises or place to make copies of any record related to the practice of the investigated member or proprietor. (4) The complaints committee may apply, without notice or on any notice that the court may direct, to a judge of the court for an order directing any person: (a) to attend before the committee to answer any relevant questions that the committee may have relating to the investigation; and (b) to produce to the committee any book, record, document or thing relevant to the investigation that is in the person’s possession or under the person’s control. (5) On application and payment of the appropriate fee, the local registrar of the court at any judicial centre shall issue writs of subpoena ad testificandum or subpoena duces tecum to: (a) a member of the complaints committee; or (b) counsel acting for the complaints committee. (6) If a writ issued pursuant to subsection (5) is disobeyed, the proceedings and penalties are those applicable in civil cases in the court. 26 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES (7) If any book, record, document or thing is produced to the complaints committee, the committee may authorize any person to copy or make extracts from the book, record, document or thing. (8) No person shall obstruct the complaints committee or a member of the committee making an investigation pursuant to this Act or withhold from the committee or the member or conceal, alter or destroy any book, record, document or thing relevant to the matter being investigated. (9) A judge of the Provincial Court of Saskatchewan, on an application without notice by the complaints committee, may issue an order authorizing a person making the investigation, together with any peace officer called to assist the person making the investigation, to enter and search, by force if necessary, any building, dwelling, receptacle, premises or place specified in the order for any book, record, document or thing and to examine them, if the judge is satisfied that: (a) the complaints committee is conducting an investigation pursuant to this Act; and (b) there are reasonable grounds for believing that there is in any building, dwelling, receptacle, premises or place any book, record, document or thing relating to the person whose affairs are being investigated and to the matter of the investigation. (10) An application for an order pursuant to subsection (9) to enter a dwelling shall specifically indicate that the application relates to a dwelling. (11) An entry and search under an order made pursuant to subsection (9) may be conducted only between 8 a.m. and 8 p.m. unless the order specifies otherwise. (12) A person authorized by an order made pursuant to subsection (9) to conduct an entry and search may remove any book, record, document or thing examined by the person. (13) If it is practicable to copy a book, record, document or thing removed pursuant to subsection (12), the complaints committee shall return the book, record, document or thing within a reasonable time. (14) A copy or extract of a book, record, document or thing certified to be a true copy by a member of the complaints committee or other person who made the copy or extract pursuant to this section is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original item and its contents. (15) The complaints committee may delegate any aspect of its investigation pursuant to this section to an investigator. (16) An investigator who acts pursuant to the authority of a delegation has the authority and power of the complaints committee, and subsections (1) to (14) apply, with any necessary modification, to that investigator. 2023, c 6, s 15‑12. 27 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 Suspension pending outcome of investigation 30(1) If the registrar or the discipline committee believes, on the basis of a complaint or the nature of the case, that, pending the outcome of an investigation by the complaints committee, a member’s licence should be suspended, a member’s ability to practise in the profession should be limited or restricted, or a proprietor’s permit should be suspended or restricted, the registrar or the discipline committee may: (a) in the case of a member: (i) suspend the member’s licence; or (ii) impose limitations or conditions on the member’s licence; or (b) in the case of a proprietor: (i) suspend the proprietor’s permit; or (ii) impose limitations or conditions on the proprietor’s permit. (2) A member or proprietor aggrieved by a decision of the registrar or the discipline committee pursuant to subsection (1) may appeal the decision to the court, and sections 42 and 43 apply, with any necessary modification, to the appeal. 2023, c 6, s 15‑12. Discipline 31(1) The discipline committee is established consisting of: (a) at least three persons appointed by the council, the majority of whom are to be licensed pharmacists, if a complaint is against a licensed pharmacist or a proprietor; (b) at least three persons appointed by the council, the majority of whom are to be licensed pharmacy technicians, if a complaint is against a licensed pharmacy technician; or (c) at least three persons appointed by the council, the majority of whom are to be a combination of licensed pharmacists and licensed pharmacy technicians, if a complaint is against: (i) a licensed pharmacist or a proprietor; and (ii) a licensed pharmacy technician. (2) No member of the complaints committee or member of the council elected or appointed pursuant to clause 7(2)(a) is eligible to be a member of the discipline committee. (3) Subject to this Act and the bylaws, the discipline committee may make rules regulating its business and procedure. (4) If a panel of the discipline committee is established in accordance with the bylaws, a decision of the panel has the same effect as a decision of the discipline committee. 2015, c 17, s 17; 2023, c 6, s 15‑13. 28 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES Discipline hearing 32(1) Where a report of the complaints committee recommends that the discipline committee hear and determine a formal complaint, the registrar shall, at least 14 days before the date the discipline committee is to sit: (a) send a copy of the formal complaint to the member or proprietor whose conduct is the subject of the hearing; and (b) serve notice on the member or proprietor whose conduct is the subject of the hearing of the date, time and place of the hearing. (2) The complaints committee shall prosecute or direct the prosecution of the complaint, but its members shall not participate in any other manner in the hearing of the complaint except as witnesses when required. (3) The discipline committee shall hear the complaint and shall determine whether or not the member is guilty of professional misconduct or professional incompetence, or the proprietor is guilty of proprietary misconduct, notwithstanding that the determination of a question of fact may be involved, and the discipline committee need not refer any question to a court for adjudication. (4) The discipline committee may accept any evidence that it considers appropriate and is not bound by rules of law concerning evidence. (5) The discipline committee and the complaints committee may employ, at the expense of the college, any legal or other assistance that it considers necessary. (6) The member or proprietor whose conduct is the subject of the hearing may be represented by counsel at that member’s or proprietor’s expense. (7) The testimony of witnesses is to be under oath or affirmation administered by the chairperson of the discipline committee. (8) At a hearing by the discipline committee, there is to be full right: (a) to examine, cross‑examine and re‑examine all witnesses; and (b) to present evidence in defence and reply. (9) On application and payment of the appropriate fee, the local registrar of the court at any judicial centre shall issue writs of subpoena ad testificandum or subpoena duces tecum to: (a) a member or proprietor whose conduct is the subject of a hearing pursuant to this Act; (b) a member of the complaints committee; (c) a member of the discipline committee. (10) Where a writ issued pursuant to subsection (9) is disobeyed, the proceedings and penalties are those applicable in civil cases in the court. (11) Where the member or proprietor whose conduct is the subject of the hearing fails to attend the hearing, the discipline committee, on proof of service of the notice mentioned in subsection (1), may proceed with the hearing in the member’s or the proprietor’s absence. 29 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 (12) If, during the course of a hearing, the evidence shows that the member or proprietor whose conduct is the subject of the hearing may be guilty of a charge different from or in addition to any charge specified in the formal complaint, the discipline committee shall notify the member or proprietor of that fact. (13) If the discipline committee proposes to amend, add to or substitute the charge in the formal complaint, the discipline committee shall adjourn the hearing for any period that the discipline committee considers sufficient to give the member or proprietor an opportunity to prepare a defence to the amended formal complaint, unless the member or proprietor consents to continue the hearing. (14) The person, if any, who made the complaint pursuant to section 28: (a) is to be advised orally or in writing by the registrar of the date, time and place of the hearing; and (b) subject to subsection (16), is entitled to attend the hearing. (15) Subject to subsection (16), the discipline committee shall conduct all hearings in public. (16) The discipline committee may exclude members of the public and the person who made the complaint from any part of the hearing when the committee is of the opinion that evidence brought in the presence of the person or persons to be excluded will unduly violate the privacy of a person other than the member or proprietor whose conduct is the subject of the hearing. 1996, c P‑9.1, s 32; 2003, c 8, s 16. 33 Repealed. 2023, c 6, s 15‑14. Disciplinary powers – members 34(1) Where the discipline committee finds a member guilty of professional misconduct or professional incompetence, it may make one or more of the following orders: (a) an order that the member be expelled from the college and that the member’s name be struck from the register; (b) an order that the member’s licence be suspended for a specified period; (c) an order that the member’s licence be suspended pending the satisfaction and completion of any conditions specified in the order; (d) an order that the member may continue to practise only under conditions specified in the order, which may include, but are not restricted to, an order that the member: (i) not do specified types of work or practice; (ii) successfully complete specified classes or courses of instruction; (iii) obtain medical treatment, counselling or both; (e) an order reprimanding the member; (f) any other order that the discipline committee considers just. 30 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES (2) In addition to any order made pursuant to subsection (1), the discipline committee may order: (a) that the member pay to the college, within a fixed period: (i) a fine in a specified amount not exceeding $100,000; and (ii) the costs of the investigation and hearing into the member’s conduct and related costs, including the expenses of the complaints committee and the discipline committee and costs of legal services and witnesses; and (b) where a member fails to make payment in accordance with an order pursuant to clause (a), that the member’s licence be suspended. (3) The registrar shall send a copy of an order made pursuant to this section to the member whose conduct is the subject of the order and to the person, if any, who made the complaint. (4) Where a member is expelled or a member’s licence is suspended, the registrar shall strike the name of the member from the register or indicate the suspension on the register, as the case may be. 1996, c P‑9.1, s 34; 2003, c 8, s 17; 2015, c 17, s 18. Disciplinary powers – proprietors 35(1) Where the discipline committee finds a proprietor guilty of proprietary misconduct, it may make one or more of the following orders: (a) an order that the proprietor’s permit be revoked and that the pharmacy’s name be struck from the register; (b) an order that the proprietor’s permit be suspended for a specified period; (c) an order that the proprietor’s permit be suspended pending the satisfaction and completion of any conditions specified in the order; (d) an order that the proprietor’s permit be subject to the terms and conditions specified in the order, which may include, but are not restricted to an order: (i) limiting the services that may be provided, including the preparing, compounding, dispensing and selling of certain drugs; (ii) directing the proprietor to regularly submit specified reports to a person named by the discipline committee; (iii) limiting the activities the person can carry out as a proprietor or as a director of a corporation that is a proprietor; (e) an order prohibiting the proprietor from serving as a director of a corporation that operates a pharmacy; (f) an order reprimanding the proprietor; (g) any other order that the discipline committee considers just. 31 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 (2) In addition to any order made pursuant to subsection (1), the discipline committee may order: (a) that the proprietor pay to the college, within a fixed period: (i) a fine in a specified amount not exceeding $100,000; and (ii) the costs of the investigation and hearing into the proprietor’s conduct and related costs, including the expenses of the complaints committee and the discipline committee and costs of legal services and witnesses; and (b) where a proprietor fails to make payment in accordance with an order pursuant to clause (a), that the proprietor’s permit be suspended. (3) The registrar shall send a copy of an order made pursuant to this section to the proprietor whose conduct is the subject of the order and to the person, if any, who made the complaint. (4) Where a proprietor’s permit is revoked or suspended, the registrar shall strike the name of the proprietary pharmacy from the register or indicate the suspension on the register, as the case may be. 1996, c P‑9.1, s 35; 2003, c 8, s 18; 2015, c 17, s 19. Effect of expulsion, revocation or suspension 36(1) If a member is expelled from the college or a member’s licence is suspended, that member’s rights and privileges as a member are removed for the period during which he or she is expelled or his or her licence is suspended. (2) If the permit for a proprietary pharmacy is revoked or suspended, that pharmacy must be closed for the period during which the permit remains revoked or suspended. 1996, c P‑9.1, s 36; 2003, c 8, s 19. Criminal conviction 37 The discipline committee may, by order, impose any penalty described in section 34 or 35 that to it seems just where: (a) the member or proprietor has been convicted of an indictable offence pursuant to the Criminal Code, the Controlled Drugs and Substances Act (Canada), the Cannabis Act (Canada) or the Food and Drugs Act (Canada); (b) a report of the complaints committee is made to the discipline committee respecting the conviction mentioned in clause (a); (c) the discipline committee has given the member or proprietor an opportunity to be heard; and (d) the discipline committee finds that: (i) the conduct of the member giving rise to the conviction constitutes professional misconduct; or (ii) the conduct of the proprietor giving rise to the conviction constitutes proprietary misconduct. 1996, c P‑9.1, s 37; 2016, c28, s 18; 2018, c C‑2.111, s 7‑13. 32 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES Criminal conduct 38 If, in the course of an investigation pursuant to this Act, the complaints committee obtains information that leads to a reasonable belief that a member or a proprietor has been engaged or is engaging in possible criminal activity, the committee shall disclose the information to the appropriate law enforcement agency. 2023, c 6, s 15‑15. 39 Repealed. 2023, c 6, s 15‑16. Report to council 40(1) The discipline committee shall submit a written report of its decision to the council. (2) The council may inform a member’s employer of an order made against that member where that member is found guilty of professional misconduct or professional incompetence. 1996, c P‑9.1, s 40. Appeal of discipline committee order 41(1) A member or proprietor may appeal the decision or any order of the discipline committee made pursuant to section 34 or 35 to the council. (2) An appeal pursuant to this section may be made by serving the registrar with a notice of appeal within 30 days of the order. (3) On hearing an appeal, the council may dismiss the appeal or vary the decision or order of the discipline committee. (4) A member or proprietor may appeal a decision or order of the council made pursuant to this section to a judge of the court, and section 42 applies with any necessary modification. 1996, c P‑9.1, s 41; 2015, c 17, s 20. Review by court 42(1) A member or proprietor may appeal the decision or any order of the discipline committee to a judge of the court by serving the registrar with a notice of appeal and filing the notice with the local registrar within 30 days of the decision or order where: (a) the member has been found guilty of professional misconduct or professional incompetence by the discipline committee pursuant to section 32; (b) the member is subject to an order of the discipline committee pursuant to section 34 or 37; (c) the proprietor has been found guilty of proprietary misconduct by the discipline committee pursuant to section 32; or (d) the proprietor is subject to an order of the discipline committee pursuant to section 35 or 37. (2) An appellant shall set out the grounds of appeal in a notice of appeal mentioned in subsection (1). 33 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 (3) On receipt of a notice of appeal, the registrar shall file with the local registrar a true copy of: (a) the formal complaint and notice served pursuant to section 32 or the report of the complaints committee pursuant to section 37; (b) the transcript of the evidence presented to the discipline committee; (c) the exhibits received in evidence by the discipline committee; and (d) the decision and order of the discipline committee. (4) The appellant or the appellant’s solicitor or agent may obtain from the registrar a copy of the documents filed pursuant to subsection (3) on payment of the costs of producing them. (5) On hearing an appeal the judge may: (a) dismiss the appeal; (b) quash the finding of guilt; (c) direct a new hearing or further inquiries by the discipline committee; (d) vary the order of the discipline committee; or (e) substitute his or her own decision for the decision appealed from. (6) The judge may make any order as to costs that he or she considers appropriate. 1996, c P‑9.1, s 42. Effect of appeal 43 The commencement of an appeal pursuant to section 33, 41 or 42 does not stay the effect of the decision or order appealed from, but on five days’ notice to the registrar, the appellant may apply to the court for a stay of the decision or order pending the disposition of the appeal. 1996, c P‑9.1, s 43. Reinstatement – members 44(1) A person who has been expelled as a member may apply to the council for reinstatement. (2) Subject to the bylaws, on receipt of an application pursuant to subsection (1), the council shall: (a) review the application; and (b) investigate the application by taking any steps it considers necessary. (3) On completion of its investigation, the council may: (a) where it is satisfied that the person’s subsequent conduct and any other facts warrant reinstatement, order that the person be reinstated as a member on any terms and conditions that the council considers appropriate; or (b) by order, refuse to reinstate the person. 34 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES (4) Where, on an application pursuant to subsection (1), the council refuses to reinstate the person as a member, the person, within 30 days after the date of the order, may appeal the order of the council to a judge of the court, and the judge may allow or disallow the appeal. (5) On an appeal pursuant to subsection (4), the judge shall consider: (a) the proceedings before the council on the application for reinstatement; (b) the past record of the appellant as shown by the books and records of the college; and (c) the evidence taken before the council and any committee that dealt with the expulsion and application for reinstatement and the report of that committee. (6) A person whose application for reinstatement is refused or whose appeal of a refusal is dismissed may make another application for reinstatement, based on new information, at any time. 1996, c P‑9.1, s 44; 2003, c 8, s 21. Permit reissuance 45(1) A proprietor whose permit has been revoked may apply to the council to reissue the permit. (2) Subject to the bylaws, on receipt of an application pursuant to subsection (1), the council shall: (a) review the application; and (b) investigate the application by taking any steps it considers necessary. (3) On completion of its investigation, the council may: (a) where it is satisfied that the proprietor’s subsequent conduct and any other facts warrant reissuance, order that the proprietor’s permit be reissued on any terms and conditions that the council considers appropriate; or (b) by order, refuse to reissue the permit. (4) Where, on an application pursuant to subsection (1), the council refuses to reissue the permit, the proprietor, within 30 days after the date of the order, may appeal the order of the council to a judge of the court, and the judge may allow or disallow the appeal. (5) On an appeal pursuant to subsection (4), the judge shall consider: (a) the proceedings before the council on the application for reissuance; (b) the past record of the appellant as shown by the books and records of the college; and (c) the evidence taken before the council and any committee that dealt with the revocation and application for reissuance and the report of that committee. (6) A proprietor whose application for reissuance of a permit is refused or whose appeal of a refusal is dismissed may make another application for reissuance, based on new information, at any time. 1996, c P‑9.1, s 45; 2003, c 8, s 22. 35 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 Discipline of former members and former proprietors 46(1) In sections 24 to 45: (a) “member” includes a former member; and (b) “proprietor” includes a former proprietor. (2) No proceeding conducted pursuant to sections 24 to 45 shall be commenced against a former member more than 24 months after the day he or she became a former member. (3) No proceeding conducted pursuant to sections 24 to 45 shall be commenced against a former proprietor more than 24 months after the day the former proprietor’s permit ceased to be a valid permit. (4) If no appeal has been made respecting an order made against a former member pursuant to clause 34(2)(a) or a former proprietor pursuant to clause 35(2)(a) within the time set out in in subsection 41(2) or 42(1), as the case may be, or if an appeal has been made and dismissed, the college may file a certified copy of the order with the court. (5) A certified copy of an order filed pursuant to subsection (4) has the same force and effect as if it were a judgment obtained in the court for the recovery of a debt in the amount set out in the order. 2015, c 17, s 21. PHARMACIES Licensed pharmacist 47(1) Every pharmacy shall be managed by a licensed pharmacist. (2) Unless specified otherwise in the bylaws, there shall be a licensed pharmacist on duty at all times during which the pharmacy is open to the public. (3) A licensed pharmacist shall not be the manager of more than one pharmacy unless authorized by the bylaws. 1996, c P‑9.1, s 47. Duty to inform registrar 48(1) A proprietor who ceases to operate the proprietary pharmacy named in the permit shall notify the registrar no later than five days prior to the change in operation. (2) Every proprietor who closes a proprietary pharmacy, for which a permit has been issued, with the intention of discontinuing its operation shall: (a) immediately remove all signs and symbols relating to the operation of the pharmacy, either within or outside the premises; (b) remove and dispose of all drugs according to law; and (c) submit to the registrar, in writing, the information that is required by the bylaws. 36 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES (3) Subject to this Act and the bylaws, where a proprietor is bankrupt, insolvent or makes an assignment for the benefit of creditors, the trustee in bankruptcy, liquidator or assignee, as the case may be, if authorized to continue carrying on the business, may continue the operation of the pharmacy under the supervision and management of a licensed pharmacist. (4) Subject to this Act and the bylaws and notwithstanding clause 2(o) and section 20, on the death of a proprietor, the personal representative of the deceased may continue the operation of the pharmacy for no longer than six months from the date of the death of the proprietor under the supervision and management of: (a) a licensed pharmacist; or (b) a licensed pharmacy technician. (5) Every licensed pharmacist who is engaged by a trustee in bankruptcy, liquidator, assignee or personal representative to supervise and manage a proprietary pharmacy shall, not later than five days after commencing his or her duties, file with the registrar a certificate, signed by the licensed pharmacist, setting forth the name and address of the person by whom he or she was engaged and the date of the commencement of his or her duties with respect to the pharmacy. 1996, c P‑9.1, s 48; 2015, c 17, s 22. Requirements for permits, advertising and signs 49(1) No person shall operate a proprietary pharmacy unless he or she is the holder of a valid permit. (2) No person shall, with respect to any premises, use, display, advertise or list the designation “pharmacy”, “dispensing department”, “drug store” or any other designation, words, title or sign that implies, that is calculated to lead the public to infer, or from which the public may reasonably infer that the premises are being operated as a pharmacy, unless: (a) a permit has been issued for the premises or a portion of the premises; or (b) the premises is a publicly operated pharmacy. (3) No person shall publish or cause to be published in any form or by any means an advertisement for the sale of drugs. (4) Subsection (3) does not apply to: (a) a licensed pharmacist; (a.1) a licensed pharmacy technician; (b) a proprietor who holds a valid permit; (c) a person mentioned in subsection 23(4); (d) a person who sells drugs in accordance with the drug schedules established pursuant to section 52; (e) a person who publishes the advertisement at the direction of a person mentioned in clause (a), (b), (c) or (d). 1996, c P‑9.1, s 49; 2015, c 17, s 23. 37 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 Inspections 50(1) For the purposes of administering this Act and the bylaws, the council or any inspector may make any inspection, investigation or inquiry that the council or the inspector considers necessary. (2) The council may designate persons as inspectors. (3) Every proprietor shall: (a) cause the proprietary pharmacy for which the permit is issued to be open for inspection by the inspector at all reasonable times during the hours of operation of the proprietary pharmacy; and (b) cause all records, specimens, drugs and equipment pertaining to the operation of the proprietary pharmacy to be available for inspection by the inspector during the times described in clause (a). (4) An inspector shall not enter a private dwelling without an order issued pursuant to section 29, unless the occupant of the dwelling consents to the entry. (5) Every person shall provide all reasonable assistance to the inspector performing his or her duties authorized pursuant to this Act and provide that person with any information that he or she may reasonably require. (6) No person shall obstruct or interfere with, or knowingly make any false statement either orally or in writing to, an inspector performing his or her duties pursuant to this Act. 1996, c P‑9.1, s 50; 2015, c 17, s 24. Required standards 51(1) If an inspector reports to the registrar that a proprietary pharmacy does not appear to meet the standards required pursuant to this Act or the bylaws, the registrar shall, if he or she is unable to resolve the matter, refer the matter to the complaints committee. (2) If a matter is referred to the complaints committee, the matter is to be dealt with in accordance with the procedures, pursuant to this Act and the bylaws, pertaining to professional misconduct, professional incompetence or proprietary misconduct. 1996, c P‑9.1, s 51. DRUGS Regulations and bylaws 52(1) The Lieutenant Governor in Council may, after consulting with the council, make regulations: (a) establishing drug schedules; (b) prescribing any conditions and restrictions that apply to the drug schedules; (c) authorizing the council to make administrative or regulatory bylaws adding specific drugs to or deleting specific drugs from the drug schedules established pursuant to clause (a); 38 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES (d) prescribing the categories of practitioners who may issue a prescription, and the requirements, terms, conditions and procedures for those prescriptions; (e) further defining “publicly operated pharmacy”. (1.1) Regulations or bylaws made pursuant to subsection (1) may: (a) adopt, as amended from time to time or otherwise, any part or all of any relevant code, standard, regulation or schedule; and (b) for the purposes of the Act, provide for the amendment or alteration of any code, standard, regulation or schedule adopted pursuant to clause (a). (2) The minister may request the council to amend or repeal a regulatory bylaw or to make a new regulatory bylaw if the minister is satisfied that it is necessary or advisable. (3) Where the minister makes a request pursuant to subsection (2), the council shall be provided with the reasons for the amendment and, if appropriate, a draft of the amendment. (4) If the council does not comply with a request pursuant to subsection (2) within 90 days after the date of the request, the minister may amend or repeal the existing regulatory bylaw or make the new regulatory bylaw in accordance with that request. (5) A regulatory bylaw made, amended or repealed pursuant to this section comes into force when it is published in the Gazette. (6) Where the minister makes, amends or repeals a regulatory bylaw, the minister shall file with the Registrar of Corporations two copies of the regulatory bylaw or amendment. (7) Where an amendment to a regulatory bylaw is filed pursuant to sub- section (6), the minister shall file two copies of the regulatory bylaw with the amendment. 1996, c P‑9.1, s 52; 1998, c 6, s 2; 2010, c B‑12, s 51; 2021, c 6, s 23‑26. Formulary and interchangeable pharmaceutical products 53 The minister shall designate in the formulary all drugs that are interchangeable pharmaceutical products. 1996, c P‑9.1, s 53. Dispensing an interchangeable pharmaceutical product 54 A licensed pharmacist, licensed pharmacy technician or intern may select and dispense an interchangeable pharmaceutical product for the drug specified in the prescription, unless the practitioner prescribing the drug otherwise directs: (a) in his or her own handwriting, if the prescription is in writing; or (b) verbally, if the prescription is not in writing. 1996, c P‑9.1, s 54; 2015, c 17, s 25. 39 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 Immunity – interchangeable pharmaceutical products 55 No action lies or shall be commenced against a licensed pharmacist, licensed pharmacy technician, intern or practitioner by reason only that, pursuant to section 54, the licensed pharmacist, licensed pharmacy technician or intern dispensed an interchangeable pharmaceutical product if the interchangeable pharmaceutical product dispensed was designated in the formulary as an interchangeable pharmaceutical product for the drug or drugs specified in the prescription at the time the interchangeable pharmaceutical product was dispensed. 1996, c P‑9.1, s 55; 2015, c 17, s 26. GENERAL Immunity 56 No action lies or shall be instituted against: (a) any councillor; (b) the complaints committee; (c) the discipline committee; (d) any member of any committee; or (e) any officer, employee or agent; of the college for any loss or damage suffered by a person by reason of anything in good faith done, caused, permitted or authorized to be done, attempted to be done or omitted to be done by any of them pursuant to or in the exercise or supposed exercise of any power conferred by this Act or the bylaws or in the carrying out or supposed carrying out of any decision or order made pursuant to this Act or the bylaws or any duty imposed by this Act or the bylaws. 1996, c P‑9.1, s 56; 2003, c 8, s 24. Offence and penalty 57(1) Every person who contravenes section 22, 23 or 49, subsection 50(6) or section 60 is guilty of an offence and liable on summary conviction to a fine of not more than $100,000. (2) Every director or officer of a corporation who directed, authorized, permitted, assented to or participated in the commission of an offence described in subsection (1) is guilty of an offence and liable on summary conviction to a fine of not more than $100,000. 2015, c 17, s 27. Limitation of prosecution 58 No prosecution for a contravention of section 22, 23, 49 or 60 is to be commenced: (a) after the expiration of 24 months from the date of the alleged offence; and (b) without the consent of the Minister of Justice or the council. 1996, c P‑9.1, s 58. 40 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES Report of termination of employment 59 Any employer who terminates for cause the employment of a member shall report the termination to the college where the employer reasonably believes the cause is professional incompetence or professional misconduct. 1996, c P‑9.1, s 59; 2003, c 8, s 25. Employment restriction 60 No proprietor shall knowingly employ or continue to employ a person who is not a licensed pharmacist or a licensed pharmacy technician to prepare, compound, dispense or sell drugs. 1996, c P‑9.1, s 60; 2015, c 17, s 28. Review by Legislative Assembly 61(1) One copy of every bylaw and amendment filed with the Registrar of Corporations pursuant to section 15 or 52 is to be laid before the Legislative Assembly by the minister responsible for the administration of The Business Corporations Act, 2021 in accordance with section 13 of The Executive Government Administration Act. (2) Where any bylaw or amendment laid before the Legislative Assembly is found by the Assembly to be beyond the powers delegated by the Legislature or in any way prejudicial to the public interest, that bylaw or amendment ceases to have any effect and is deemed to have been revoked. 1996, c P‑9.1, s 61; 2010, c B‑12, s 51; 2014, c.E‑13.1, s 62; 2021, c 6, s 23‑26; 2023, c 6, s 15‑17. Record of revocation and notification 62(1) Where it appears from any Votes and Proceedings of the Legislative Assembly that any bylaw or amendment has ceased to have effect, the Clerk of the Legislative Assembly shall immediately: (a) forward two copies of the Votes and Proceedings to the Registrar of Corporations; and (b) advise him or her that the copies are forwarded pursuant to this subsection. (2) On receipt of the copies mentioned in subsection (1), the Registrar of Corporations shall immediately: (a) file one of the copies with the bylaw or amendment to which it relates; (b) forward the other copy to the college; and (c) advise the college that the copy is forwarded pursuant to this subsection. 1996, c P‑9.1, s 62; 2003, c 8, s 26; 2010, c B‑12, s 51; 2021, c 6, s 23‑26. 41 PHARMACY AND PHARMACY DISCIPLINES c P-9.1 Annual register 63 On or before February 1 in each year, the college shall file with the Registrar of Corporations a list, certified by the registrar to be a true list, showing: (a) the names of all members and interns as at December 31 in the preceding year; (b) the addresses of the members and interns mentioned in clause (a) as shown by the records of the college; (c) the respective dates of admission of the members and interns mentioned in clause (a); and (d) the name and address of every proprietary pharmacy, its proprietor and manager. 1996, c P‑9.1, s 63; 2003, c 8, s 27; 2010, c B‑12, s 51; 2021, c 6, s 23‑26. Annual report 64 The college shall file an annual report with the minister in the form, with the contents and in the time prescribed by the minister. 1996, c P‑9.1, s 64; 2003, c 8, s 28. Compliance 65 Every member, every intern and every proprietor shall comply with this Act and the bylaws. 1996, c P‑9.1, s 65. Service of notices, etc. 66(1) Unless otherwise provided for in this Act or the bylaws, any notice or other document that is required to be served pursuant to this Act may be served by: (a) personal service made: (i) in the case of an individual, on that individual; (ii) in the case of a partnership, on any partner; or (iii) in the case of a corporation, on any officer or director; or (b) registered mail addressed to the last business or residential address of the person to be served shown on the register. (2) A notice or document sent by registered mail is deemed to have been served on the seventh day following the date of its mailing, unless the person to whom it was mailed establishes that, through no fault of that person, the person did not receive the notice or document or received it at a later date. 1996, c P‑9.1, s 66. 42 c P-9.1 PHARMACY AND PHARMACY DISCIPLINES REPEAL, TRANSITIONAL AND COMING INTO FORCE RSS 1978, c P-9 repealed 67 The Pharmacy Act is repealed. 1996, c P‑9.1, s 67. Transitional – bylaws 68 Except to the extent that the bylaws may be inconsistent with this Act, the bylaws in effect on the day before the coming into force of section 1 continue as the bylaws of the college. 1996, c P‑9.1, s 68; 2003, c 8, s 29. Transitional – council 69 A person who is a member of the council of the Saskatchewan Pharmaceutical Association on the day before section 1 comes into force continues as a member of the council until the earlier of: (a) the date councillors are elected pursuant to this Act; or (b) the date the member dies, resigns or otherwise ceases to be a councillor. 1996, c P‑9.1, s 69. Transitional – licences and permits 70 All licences and permits issued pursuant to The Pharmacy Act that have not been revoked or suspended on the day before section 1 comes into force continue in force until the earlier of: (a) the date on which the licence or permit expires; or (b) the date on which the licence or permit is revoked or suspended pursuant to this Act. 1996, c P‑9.1, s 70. Coming into force 71 This act comes into force on proclamation. 1996, c P‑9.1, s 71. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024