76 Referral of impairment matters concerning pharmacists
(1) The Board may refer any matter to an Impaired Registrants Panel if the Board considers that the matter indicates that a registered pharmacist suffers from an impairment. This is not limited to matters that are the subject of a complaint to the Board.(2) If the Board is aware that a complaint has been made to the Commission about a pharmacist who is the subject of a referral to an Impaired Registrants Panel, the Board is to notify the Commission of the referral.
77 Persons may notify Board of impairment matters concerning pharmacists
A person may notify the Board of any matter that the person thinks indicates that a registered pharmacist suffers or may suffer from an impairment.
78 Commission may refer impairment matters to Board
(1) If the Commission becomes aware of any matter that the Commission considers indicates that a registered pharmacist suffers or may suffer from an impairment, the Commission may refer the matter to the Board.(2) This section does not affect the functions of the Board in relation to a complaint made to the Commission or a matter referred to the Commission for investigation.
79 Panel to inquire into matters referred to it
(1) An Impaired Registrants Panel is to inquire into any matter referred to it and may obtain reports and other information concerning the matter from any source it considers appropriate.(2) The Panel may request a registered pharmacist who is the subject of a matter referred to the Panel by the Board, to attend before the Panel for the purpose of enabling the Panel to obtain information on the matter and make an assessment.
80 Panel not to take action while Commission investigating
An Impaired Registrants Panel is not to investigate or take any other action in relation to any matter if the Panel is aware that the matter is the subject of an investigation by the Commission, while the investigation is being conducted.
81 Board to give notice of proposed inquiry
The Board is to give notice to a registered pharmacist of any proposed inquiry by an Impaired Registrants Panel concerning the pharmacist. The notice is to include sufficient details of the matters to which the inquiry is to relate.
82 Pharmacist entitled to make representations
(1) A registered pharmacist who is the subject of any inquiry by an Impaired Registrants Panel is entitled to make oral or written representations to the Panel with respect to the matters being or to be the subject of the inquiry.(2) This section does not prevent the Panel from conducting an inquiry in the absence of the registered pharmacist to whom it relates, as long as the pharmacist has been given notice of the inquiry under section 81.
83 Assessment, report and recommendations by Panel
(1) An Impaired Registrants Panel is to make an assessment in respect of each referral to it, based on the results of its inquiry into the matter.(2) On the basis of its assessment, the Panel may do any one or more of the following things:(a) counsel the pharmacist concerned or recommend that he or she undertake specified counselling,(b) recommend that the pharmacist concerned agree to conditions being imposed on his or her registration or to having his or her registration suspended for a specified period,(c) make recommendations to the Board as to any action that the Panel considers should be taken in relation to the matter.(3) The Panel is to report in writing to the Board on each referral to the Panel. The report is to detail the results of the Panel’s inquiries and assessment in respect of the referral and any action taken by the Panel under this Part in relation to it.
84 Voluntary suspension or conditions on registration
The Board may place conditions on a registered pharmacist’s registration or suspend the pharmacist’s registration if:(a) an Impaired Registrants Panel has recommended that the Board do so, and(b) the Board is satisfied that the pharmacist has voluntarily agreed to the recommendation.
85 Review of conditions or suspension
(1) A registered pharmacist who agrees to conditions being imposed on his or her registration or to having his or her registration suspended may, by notice in writing to the Board, request:(a) that those conditions be removed or altered, or(b) that the suspension be terminated or shortened.(2) On receipt of such a request, the Board is to require an Impaired Registrants Panel to review the matter and report in writing to the Board on the results of its review.(3) If the Panel recommends that the Board refuse to remove or alter any of the conditions, or refuse to terminate or shorten the suspension, the Board may do so.(4) The Board is to give the pharmacist concerned notice in writing of its decision in respect of the request.(5) The Board may specify in the notice a period in which a further request by the pharmacist under this section is not permitted. The Board may reject a request that the conditions be removed or altered, or that the suspension be terminated or shortened, if it is made during that period.
86 Some matters to be dealt with as complaints
(1) If an Impaired Registrants Panel recommends that a registered pharmacist agree to conditions being imposed on his or her registration or to having his or her registration suspended and the pharmacist fails to agree in accordance with the recommendation, the Board is to deal with the matter that was the subject of the referral to the Panel as a complaint against the pharmacist.(2) If the Panel recommends that a matter referred to it be dealt with as a complaint, the Board is to deal with the matter as a complaint against the pharmacist concerned.(3) In any other case that the Board thinks it appropriate to do so, the Board may treat a matter that has been referred to a Panel as grounds for a complaint under this Act and may deal with the matter accordingly.
87 Confidentiality of Panel’s report
(1) A report by an Impaired Registrants Panel to the Board may not be admitted or used in any civil proceedings before a court.(2) A person may not be compelled to produce the report or to give evidence in relation to the report or its contents in any such civil proceedings.(3) A person must not directly or indirectly make a record of or disclose to any person any information contained in a report by an Impaired Registrants Panel to the Board that has come to the person’s notice in the exercise of the person’s functions under this Act, except for the purposes of exercising functions under this Act.Maximum penalty: 50 penalty units.
(4) This section does not prevent the disclosure of such a report to the Commission.(5) In this section:court includes any tribunal, authority or person having power to require the production of documents or the answering of questions, but does not include the Tribunal or the Board, or the Supreme Court (in respect of appeal proceedings under this Act).
report includes a copy, reproduction and duplicate of the report or any part of the report, copy, reproduction or duplicate.