Section 139D - Health Practitioner Regulation National Law (NSW) - Additional matters that constitute unsatisfactory professional conduct of pharmacists [NSW]

Section 139D - Health Practitioner Regulation National Law (NSW) - Additional matters that constitute unsatisfactory professional conduct of pharmacists [NSW] | Zoe

139D Additional matters that constitute unsatisfactory professional conduct of pharmacists [NSW]

(1) In addition to the matters referred to in section 139B, unsatisfactory professional conduct of a pharmacist also includes each of the following—

(a) practising pharmacy for remuneration at a pharmacy in the course of employment by, or in association with, a non-pharmacist;

(b) the supply of precursor drugs, or preparations, admixtures, extracts or other substances containing a proportion of precursor drugs, by the pharmacist in circumstances in which the supply of the drugs, preparations, admixtures, extracts or other substances is unnecessary, not reasonably required, or excessive;

(c) if the pharmacist is the owner of, or otherwise has a financial interest in, a pharmacy business, failing to display at or near the main entrance of each premises in which the business is carried on the owner’s name;

(d) if the pharmacist is the pharmacist in charge of a pharmacy, failing to display adjacent to the area where dispensing is carried on in the pharmacy the name of the pharmacist in charge followed by the words “PHARMACIST IN CHARGE”;

(e) if the pharmacist is the owner of, or otherwise has a financial interest in, a pharmacy business, failing to ensure drug price information displayed in premises in which the business is carried on does not contravene the Price Information Code of Practice (within the meaning of Schedule 5F).

(2) For the purposes of subsection (1)(c) and (e), the owner of a pharmacy business includes—

(a) a pharmacist who has a financial interest in the pharmacy business; and

(b) a pharmacist who is nominated by the owner of the pharmacy business as being responsible for the matters referred to in clause 6(2)(c) or 7(2) of Schedule 5F.

(3) In this section—

non-pharmacist means an entity that is not a pharmacist, but does not include any of the following—

(a) the Crown;

(b) a public health organisation or a charitable or philanthropic institution;

(c) a pharmacists’ partnership or pharmacists’ body corporate;

(d) a friendly or other society that owns a pharmacy business as permitted by clause 6 of Schedule 5F;

(e) a body corporate that owns or carries on a pharmacy business under clause 7 of Schedule 5F;

(f) a person who has a financial interest in a pharmacy business as referred to in clause 5(4) or (5) of Schedule 5F and who carries on that business;

(g) a person who, in assuming the administration of the property of another person under a security interest granted in respect of that other person’s pharmacy business, carries on that pharmacy business.

precursor drug has the same meaning as precursor has in section 24A of the Drug Misuse and Trafficking Act 1985.

s 139D: Am 2016 No 4, Sch 1 [3].

139DAdditional matters that constitute unsatisfactory professional conduct of pharmacists [NSW]

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139D Additional matters that constitute unsatisfactory professional conduct of pharmacists [NSW]