Appointment of Complaints Panel
Open ↗38.—(1) For the purpose of enabling the Complaints Committees and Disciplinary Committees to be constituted in accordance with this Part, the Council must appoint a panel, called the Complaints Panel, consisting of —(a)
at least 5 members of the Council;
(b)
not less than 10 and not more than 40 registered pharmacists of at least 10 years’ standing who are not members of the Council; and
(c)
not less than 6 and not more than 40 lay persons nominated by the Minister.
(2) The term of office of a member of the Complaints Panel referred to in subsection (1)(a) expires at the end of the member’s term of office as member of the Council, and a member of the Complaints Panel referred to in subsection (1)(b) or (c) must be appointed for a term of 2 years.
(3) Any member of the Complaints Panel is eligible for re‑appointment.
(4) The Council may at any time remove from office any member of the Complaints Panel or fill any vacancy in its membership.
(5) The Council must appoint a member of the Complaints Panel who is a member of the Council to be the chairperson of the Complaints Panel.
Complaints against registered pharmacists
Open ↗39.—(1) Any —(a)
complaint made or information given to the Council on the conduct of a registered pharmacist in his or her professional capacity or of a registered pharmacist’s improper act or conduct which brings disrepute to his or her profession;
(b)
information given to the Council on the conviction in Singapore or elsewhere of a registered pharmacist of any offence committed under this Act, the Health Products Act 2007, the Medicines Act 1975, the Medicines (Advertisement and Sale) Act 1955, the Misuse of Drugs Act 1973, the Poisons Act 1938 or any other written law that may be prescribed;
(c)
information given to the Council on the conviction in Singapore or elsewhere of a registered pharmacist of any offence involving fraud or dishonesty, or implying a defect in character which makes him or her unfit for his or her profession; or
(d)
information given to the Council touching upon the physical or mental fitness of a registered pharmacist to practise as a pharmacist,
must be in writing and must be supported by such statutory declaration as the Council may require, except that no statutory declaration is required if the complaint or information is made or given by a public officer or an officer of the Council.
(2) The Council must refer the complaint or information mentioned in subsection (1), other than a complaint or information touching on the matters referred to in section 25, to the chairperson of the Complaints Panel.
(3) The Council may, on its own motion, refer any information on the conviction of a registered pharmacist of any offence implying a defect in character which makes the registered pharmacist unfit for his or her profession to the chairperson of the Complaints Panel.
(4) Where a registered pharmacist has been convicted in Singapore or elsewhere of an offence involving fraud or dishonesty or has contravened section 32(3) or 34(1), the Council must, despite subsection (1) or (2), immediately refer the matter to a Disciplinary Committee under section 42.
(5) The chairperson of the Complaints Panel may appoint from among members of the Complaints Panel one or more committees comprising —(a)
a chairperson of the committee who is also a member of the Council;
(b)
2 registered pharmacists, at least one of whom is not a member of the Council; and
(c)
a lay person,
each to be called a Complaints Committee to inquire into any complaint or information mentioned in subsection (2) or (3).
(6) A Complaints Committee must be appointed in connection with one or more matters or for a fixed period of time as the chairperson of the Complaints Panel may think fit.
(7) Where any complaint or information mentioned in subsection (1)(a), (b) or (c) or (3) is referred to the chairperson of the Complaints Panel, that chairperson must lay the complaint or information before a Complaints Committee.
(8) Where any complaint or information mentioned in subsection (1)(d) is referred to the chairperson of the Complaints Panel, that chairperson must —(a)
if he or she is satisfied, based on any information given in support of the complaint or information, that a formal inquiry is necessary to determine the physical or mental fitness of the registered pharmacist to practise, refer the complaint or information to the Health Committee; or
(b)
in any other case, lay the complaint or information before a Complaints Committee.
(9) The chairperson of the Complaints Panel may at any time revoke the appointment of any Complaints Committee or may remove any member of a Complaints Committee or fill any vacancy in a Complaints Committee.
(10) No act done by or under the authority of a Complaints Committee is invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them.
(11) All the members of a Complaints Committee must be present to constitute a quorum for a meeting of the Complaints Committee and any resolution or decision in writing signed by all the members of a Complaints Committee is as valid and effectual as if it had been made or reached at a meeting of the Complaints Committee where all its members were present.
(12) A Complaints Committee may meet for the purposes of its inquiry, adjourn and otherwise regulate the conduct of its inquiry as the members think fit.
(13) The chairperson of a Complaints Committee may at any time summon a meeting of the Complaints Committee.
(14) All members of a Complaints Committee present at any meeting thereof must vote on any question arising at the meeting and the question must be determined by a majority of votes and, in the case of an equality of votes, the chairperson has a casting vote.
(15) A member of a Complaints Committee, despite having ceased to be a member of the Complaints Panel on the expiry of his or her term of office, is deemed to be a member of the Complaints Panel until such time as the Complaints Committee has completed its work.
(16) Any person who makes a complaint under this section which the person knows to be false in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Inquiry by Complaints Committee
Open ↗40.—(1) A Complaints Committee must inquire into any complaint or information, or any information or evidence mentioned in subsection (9), and complete its preliminary inquiry not later than 3 months from —(a)
the date the complaint or information is laid before the Complaints Committee; or
(b)
the date the information or evidence mentioned in subsection (9) is received by the Complaints Committee,
as the case may be.
(2) Where a Complaints Committee is of the opinion that it will not be able to complete its preliminary inquiry within the period specified in subsection (1) due to the complexity of the matter or serious difficulties encountered by the Complaints Committee in conducting its preliminary inquiry, the Complaints Committee may apply in writing to the chairperson of the Complaints Panel for an extension of time to complete its inquiry and the chairperson may grant such extension of time to the Complaints Committee as the chairperson thinks fit.
(3) For the purposes of any inquiry, a Complaints Committee may —(a)
call upon or appoint any person it considers necessary to assist it in its investigations and deliberations;
(b)
require the production of any book, document, paper or other record which may be related to or be connected with the subject matter of the inquiry for inspection by the Complaints Committee or the person appointed under paragraph (a) and for making copies thereof; and
(c)
require the registered pharmacist concerned to give all information in relation to any such book, document, paper or other record which may be reasonably required by the Complaints Committee or by the person so appointed.
(4) Any registered pharmacist or any other person who, without lawful excuse —(a)
refuses or fails to produce to a Complaints Committee or to any person to whom the Complaints Committee may appoint for the purpose of the inquiry any book, document, paper or other record mentioned in subsection (3); or
(b)
fails to give any such information relating thereto,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part of a day during which the offence continues after conviction.
(5) All such information, including any book, document, paper or other record used by the Complaints Committee in the course of its deliberations, is confidential and must not be disclosed to any person, including the registered pharmacist, unless the Complaints Committee in its discretion thinks otherwise.
(6) The Complaints Committee may, at any time before it makes its findings, seek any legal advice that it thinks necessary.
(7) Where a Complaints Committee is of the opinion that a registered pharmacist should be called upon to answer any allegation made against him or her, the Complaints Committee must serve on the registered pharmacist —(a)
copies of any complaint and any statutory declaration or affidavit that has been made in support of the complaint; or
(b)
any information and any statutory declaration or affidavit that has been made in support of the information,
and a notice inviting the registered pharmacist, within the period (not being less than 21 days) specified in the notice, to give to the Complaints Committee any written explanation the registered pharmacist may wish to offer.
(8) The registered pharmacist concerned does not have the right to be heard by the Complaints Committee, whether in person or by counsel, unless the Complaints Committee in its absolute discretion otherwise allows.
(9) Where, in the course of its inquiry, a Complaints Committee receives information touching on or evidence of the conduct or physical or mental fitness of the registered pharmacist concerned which may give rise to proceedings under this Part, the Complaints Committee may, after giving notice to the registered pharmacist, decide on its own motion to inquire into that matter.
(10) Where the complainant withdraws his or her complaint before —(a)
the Council has referred the complaint to a Complaints Committee or the Health Committee under this Part; or
(b)
the inquiry by a Complaints Committee, Disciplinary Committee or the Health Committee has concluded,
the Council may, despite the withdrawal —
(c)
refer the complaint to a Complaints Committee or the Health Committee; or
(d)
direct a Complaints Committee, Disciplinary Committee or the Health Committee to continue the inquiry.
(11) The Complaints Committee, Disciplinary Committee or Health Committee (as the case may be) must comply with a direction made under subsection (10)(d) and all future proceedings thereon must be taken as if the complaint had been made by the Council.
(12) Any member of the Council who is employed in the Ministry of Health is not disqualified from being a member of a Complaints Committee, Disciplinary Committee or the Health Committee by reason only that the member or the complainant is so employed.
Findings of Complaints Committee
Open ↗41.—(1) Upon due inquiry into the complaint or information, or any information or evidence mentioned in section 40(9), a Complaints Committee must —(a)
if it is of the view that no formal inquiry is necessary —(i)
order that the registered pharmacist be issued with a letter of advice;
(ii)
order that the registered pharmacist be warned;
(iii)
order that the complaint or matter be dismissed; or
(iv)
make any other order that it thinks fit; or
(b)
if it is of the view that a formal inquiry is necessary —(i)
order that an inquiry be held by the Health Committee; or
(ii)
order that an inquiry be held by a Disciplinary Committee.
(2) Where a Complaints Committee determines that a formal inquiry is necessary, it must order that the inquiry be held by the Health Committee if the complaint, information or evidence touches upon the physical or mental fitness of the registered pharmacist to practise.
(3) Where a Complaints Committee has made an order for a formal inquiry to be held by a Disciplinary Committee, the Council must immediately appoint a Disciplinary Committee which must hear and investigate the complaint or matter.
(4) Where a Complaints Committee has ordered that a letter of advice be issued, the chairperson of the Complaints Committee must issue a letter of advice in such terms as it thinks fit.
(5) A Complaints Committee must notify the registered pharmacist concerned and the person who made the complaint or gave the information under section 39(1) of its decision under subsection (1) and, if it makes an order under subsection (1)(a), the reason for making the order.
(6) Any registered pharmacist who is aggrieved by any order of a Complaints Committee under subsection (1)(a) may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision is final.
(7) Where the person who has made the complaint or given the information to the Council is dissatisfied with any order of a Complaints Committee under subsection (1)(a), the person may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision is final.
(8) The Minister may make —(a)
an order affirming the determination of a Complaints Committee;
(b)
an order directing the Council to immediately appoint a Disciplinary Committee to hear and investigate the complaint or matter;
(c)
an order directing that an inquiry into the matter be held by the Health Committee; or
(d)
any other order that the Minister thinks fit.
(9) Every Complaints Committee must immediately report to the Council its findings and the order or orders made.
Disciplinary Committee
Open ↗42.—(1) The Council may appoint, from among members of the Complaints Panel, one or more committees comprising —(a)
at least 3 registered pharmacists of at least 10 years’ standing of whom at least 2 must be members of the Council; and
(b)
one observer who is a lay person,
each to be called a Disciplinary Committee to inquire into —
(c)
any matter in respect of which the Minister or a Complaints Committee has under section 41 ordered that a formal inquiry be held; or
(d)
any matter referred to it under section 39(4).
(2) A member of a Complaints Committee inquiring into any matter concerning a registered pharmacist must not be a member of a Disciplinary Committee inquiring into the same matter.
(3) The member of a Disciplinary Committee who is an observer must not vote on any question or matter to be decided by the Disciplinary Committee and need not be present at every meeting of the Disciplinary Committee.
(4) A Disciplinary Committee may be appointed in connection with one or more matters or for a fixed period of time as the Council thinks fit.
(5) The Council may at any time —(a)
revoke the appointment of any Disciplinary Committee;
(b)
remove any member of a Disciplinary Committee; or
(c)
fill any vacancy in a Disciplinary Committee.
(6) No act done by or under the authority of a Disciplinary Committee is invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them.
(7) Except as provided by subsection (3) —(a)
all members of a Disciplinary Committee must be personally present to constitute a quorum for the transaction of any business; and
(b)
all members of a Disciplinary Committee present at any meeting thereof must vote on any question arising at the meeting and the question is to be determined by a majority of votes and, in the case of an equality of votes, the chairperson has a casting vote.
(8) The Council must appoint a member of a Disciplinary Committee who is a registered pharmacist to be the chairperson of the Disciplinary Committee.
Proceedings of Disciplinary Committee
Open ↗43.—(1) A Disciplinary Committee must meet to inquire into any matter referred to it by the Council and may regulate its own procedure.
(2) A member of a Disciplinary Committee, despite having ceased to be a member of the Council or Complaints Panel on the expiry of his or her term of office, continues to be a member of the Disciplinary Committee until such time as the Disciplinary Committee has completed its work.
(3) The registered pharmacist concerned may appear in person or be represented by counsel.
(4) A Disciplinary Committee is not bound to act in any formal manner and is not bound by the provisions of the Evidence Act 1893 or by any other written law relating to evidence but may inform itself on any matter in such manner as it thinks fit.
(5) A Disciplinary Committee may, for the purpose of any proceedings before it, administer oaths and any party to the proceedings may take out a subpoena to testify or to produce documents.
(6) The subpoenas referred to in subsection (5) must be served and may be enforced as if they were orders to attend court or orders to produce documents issued in connection with a civil action in the General Division of the High Court.[Act 25 of 2021 wef 01/04/2022]
[40/2019]
(7) Any person giving evidence before a Disciplinary Committee is legally bound to tell the truth.
(8) A witness has the same privileges and immunities in relation to hearings before a Disciplinary Committee as if the hearings were proceedings in a court of law.
(9) A Disciplinary Committee must carry out its work expeditiously and may apply to the Council for an extension of time and for directions to be given to the Disciplinary Committee if the Disciplinary Committee fails to make its finding and order within 6 months from the date of its appointment.
(10) When an application for extension of time has been made under subsection (9), the Council may grant an extension of time for any period it thinks fit.
(11) In sections 172, 173, 174, 175, 177, 179, 182 and 228 of the Penal Code 1871, “public servant” is deemed to include a member of a Disciplinary Committee taking part in any investigation under this section, and in sections 193 and 228 of the Penal Code 1871, “judicial proceeding” is deemed to include any such investigation.
Reference and transfer of cases to Health Committee
Open ↗44.—(1) Where, in the course of inquiring into the case of a registered pharmacist, it appears to a Disciplinary Committee that the registered pharmacist’s fitness to practise may be impaired by reason of his or her physical or mental condition, the Disciplinary Committee may refer that question to the Health Committee for determination.
(2) If, on a reference under this section, the Health Committee determines that the fitness of the registered pharmacist to practise is not impaired by reason of his or her condition, the Health Committee must certify its opinion to the Disciplinary Committee.
(3) If, on a reference under this section, the Health Committee determines that the fitness of the registered pharmacist to practise is impaired by reason of his or her condition, the Health Committee must —(a)
certify its opinion to the Disciplinary Committee; and
(b)
proceed to dispose of the case,
and the Disciplinary Committee ceases to exercise its function in relation to the case.
Findings of Disciplinary Committee
Open ↗45.—(1) A Disciplinary Committee may exercise one or more of the powers mentioned in subsection (2) where a registered pharmacist is found or judged by the Disciplinary Committee —(a)
to have been convicted in Singapore or elsewhere of an offence under any of the written laws referred to in section 39(1)(b);
(b)
to have been convicted in Singapore or elsewhere of an offence involving fraud or dishonesty, or implying a defect in character which makes the registered pharmacist unfit for his or her profession;
(c)
to be guilty of such improper act or conduct which, in the opinion of the Council, brings disrepute to his or her profession;
(d)
to be guilty of professional misconduct; or
(e)
to have contravened section 32(3) or 34(1).
(2) The powers that the Disciplinary Committee may exercise for the purposes of subsection (1) are as follows:(a)
by order direct the Registrar to remove the name of the registered pharmacist from the appropriate register;
(b)
by order suspend the registration of the registered pharmacist in the appropriate register for a period of at least 3 months but not more than 3 years;
(c)
by order impose conditions necessary to restrict the practice of the registered pharmacist in the manner that the Disciplinary Committee considers appropriate for a period not exceeding 3 years;
(d)
by order impose on the registered pharmacist a penalty not exceeding $50,000;
(e)
by writing censure the registered pharmacist;
(f)
issue a letter of advice or warning to the registered pharmacist;
(g)
by order require the registered pharmacist to give an undertaking that the Disciplinary Committee considers appropriate to abstain from the conduct complained of in future;
(h)
make any other order that the Disciplinary Committee considers appropriate.
(3) In any proceedings instituted under this Part against a registered pharmacist consequent upon his or her conviction for a criminal offence, a Disciplinary Committee and the General Division of the High Court on appeal from any order of the Disciplinary Committee must accept the conviction as final and conclusive.[40/2019]
(4) Where a registered pharmacist is not found or judged by the Disciplinary Committee to have been convicted or guilty of any matter referred to in subsection (1), the Disciplinary Committee must dismiss the complaint or matter.
(5) The Registrar must serve on the registered pharmacist concerned and the person who made the complaint or gave the information (if any) a notice of the order made by the Disciplinary Committee.
(6) A Disciplinary Committee may under subsection (2) order the registered pharmacist concerned to pay to the Council such sums as it thinks fit in respect of the costs and expenses of and incidental to any proceedings before the Disciplinary Committee and, where applicable, an Interim Orders Committee.
(7) The General Division of the High Court has jurisdiction to tax the costs mentioned in subsection (6) and any such order for costs made is enforceable as if it were ordered in connection with a civil action in the General Division of the High Court.[40/2019]
(8) The Disciplinary Committee, in ordering that costs be paid by the registered pharmacist under this section, may certify that costs for more than one solicitor be paid if it is satisfied that the issues involved in the proceedings are of sufficient complexity, and the certification by the Disciplinary Committee has the same effect as if it were a certification by a Judge in a civil action in the General Division of the High Court.[40/2019]
(9) The costs and expenses mentioned in subsection (6) include —(a)
the costs and expenses of any assessor and advocate and solicitor appointed by the Council for proceedings before the Disciplinary Committee and the Interim Orders Committee;
(b)
reasonable expenses that the Council may pay to witnesses; and
(c)
reasonable expenses that are necessary for the conduct of proceedings before the Disciplinary Committee and the Interim Orders Committee.
Orders of Disciplinary Committee
Open ↗46.—(1) Where a registered pharmacist in respect of whom an order is made under section 45(2)(c), or an order for interim restricted registration is made under section 54(1)(b) or 56(1)(d), is judged by a Disciplinary Committee (whether, in the case of an order under section 45(2)(c), it is the Disciplinary Committee that made the order or another Disciplinary Committee appointed in its place) to have failed to comply with any of the requirements imposed on the registered pharmacist as conditions of his or her registration, the Disciplinary Committee may order that —(a)
the registered pharmacist’s name be removed from the appropriate register; or
(b)
the registered pharmacist’s registration in the appropriate register be suspended for a period not exceeding 12 months as may be specified in the order.
(2) Where a Disciplinary Committee has made an order for suspension under subsection (1)(b) or section 45(2)(b), the Disciplinary Committee may order that, from the expiry of the current period of suspension, the registration of the person whose registration is suspended be restricted in such manner as it thinks fit for a period not exceeding 3 years.
(3) Where a Disciplinary Committee has made an order for suspension under subsection (1)(b) or section 45(2)(b) against a person and that person has failed to comply with that order, the Disciplinary Committee or another Disciplinary Committee appointed in its place may order that —(a)
the person’s name be removed from the appropriate register; or
(b)
from the expiry of the current period of suspension, the person’s registration in the appropriate register be restricted in such manner as it thinks fit for a period not exceeding 3 years.
(4) Where a Disciplinary Committee has made an order under section 45(2)(c), the Disciplinary Committee or another Disciplinary Committee appointed in its place may revoke the order or revoke or vary any of the conditions imposed by the order.
(5) Subsection (1) applies to a registered pharmacist whose registration is subject to conditions imposed by an order made under subsection (2) or (3) as it applies to a registered pharmacist whose registration is subject to conditions imposed by an order for restricted registration made under section 45(2)(c), and subsection (4) applies accordingly.
(6) Where a Disciplinary Committee has made an order or has varied the conditions imposed by an order under this section, the Registrar must immediately serve on the person to whom the order applies a notice of the order or the variation.
(7) Subject to subsection (8), an order made by a Disciplinary Committee for the removal of any name or for suspension of registration under subsection (1) or (3) or section 45(2) does not take effect until the expiry of 30 days after the order is made.
(8) On making an order for the removal of any name or for suspension of registration under subsection (1) or (3) or section 45(2), a Disciplinary Committee may, if satisfied that to do so is necessary for the protection of members of the public or would be in the best interests of the registered pharmacist concerned, order that the registered pharmacist’s registration in the appropriate register be suspended or that the registered pharmacist’s name be removed from the appropriate register immediately.
(9) Where an order under subsection (8) is made, the Registrar must immediately serve a notice of the order on the person to whom it applies and if that person was present or represented at the proceedings of the Disciplinary Committee, the order takes effect from the time the order is made.
(10) Where the person concerned is neither present nor represented at the proceedings of the Disciplinary Committee, the order made under subsection (8) takes effect from the time of service of the notice of the order on the person.
(11) An order of a Disciplinary Committee, other than an order for the removal of any name or for suspension of registration under subsection (1) or (3) or section 45(2), takes effect from the time the order is made.
(12) While any order of suspension of registration remains in force, the person concerned is not to be regarded as being registered under this Act even though the person’s name still appears in the appropriate register, but immediately on the expiry of the order the person’s rights and privileges as a registered pharmacist are revived as from the date of the expiry, provided that the pharmacist has complied with all the terms of the order.
Appeal against order by Disciplinary Committee
Open ↗47.—(1) Any person aggrieved by a decision of the Disciplinary Committee referred to in section 45(2) or (4) or 46 may, within 30 days after the service on him or her of the notice of the order, appeal to the General Division of the High Court against the order.[40/2019]
(2) There is no appeal from the decision of the General Division of the High Court.[40/2019]
(3) In any appeal to the General Division of the High Court against a decision referred to in section 45(2) or (4) or 46, the General Division of the High Court must accept as final and conclusive any finding of the Disciplinary Committee relating to any issue of ethics or standards of professional conduct, unless the finding is in the opinion of the General Division of the High Court unsafe, unreasonable or contrary to the evidence.[40/2019]
(4) Despite section 45 or 46, where a person has appealed to the General Division of the High Court against an order mentioned in section 45(2) or 46, the order does not take effect unless the order is confirmed by the General Division of the High Court or the appeal is for any reason dismissed by the General Division of the High Court or withdrawn.[40/2019]
Restoration of names to appropriate register
Open ↗48.—(1) Where the name of a pharmacist has been removed from an appropriate register pursuant to an order made by a Disciplinary Committee under section 45 or 46, the Council may, upon application by the pharmacist and subject to any conditions it thinks fit, direct that the pharmacist’s name be restored to the appropriate register.
(2) An application for the restoration of a name to an appropriate register under this section must not be made to the Council —(a)
before the expiry of 3 years from the date of the removal of the name; or
(b)
more than once in any period of 12 months by or on behalf of the pharmacist,
and unless the pharmacist has complied with all the terms of the order made against him or her.
Report of breach
Open ↗49. Where any breach of any written law is disclosed to the Disciplinary Committee in the course of an inquiry, the Disciplinary Committee may report the breach to the appropriate authorities.
Health Committee
Open ↗50.—(1) There is to be a committee called the Health Committee comprising at least 3 members of the Council to be appointed by the Council which must inquire into any case referred to it under this Act.
(2) A member of the Health Committee must be appointed for a period of 2 years and is eligible for re-appointment.
Unfitness to practise through illness, etc.
Open ↗51.—(1) Where the Health Committee is satisfied that the fitness of a registered pharmacist to practise as a pharmacist is impaired by reason of the registered pharmacist’s physical or mental condition, the Health Committee may exercise one or more of the following powers:(a)
order that the registered pharmacist pays to the Council the costs and expenses of and incidental to the inquiry by the Health Committee and, where applicable, an Interim Orders Committee, including the costs and expenses of any medical examination incurred by the Council and of the medical assessor in respect of the inquiry;
(b)
order that the registered pharmacist’s registration as a pharmacist be suspended for a period not exceeding 12 months as specified in the order;
(c)
order that the registered pharmacist’s registration as a pharmacist be conditional upon his or her compliance, during a period not exceeding 3 years as specified in the order, with any requirements so specified that the Health Committee thinks fit to impose for the protection of members of the public or in the registered pharmacist’s interests (called in this Part a restricted registration);
(d)
recommend to the Council that the registered pharmacist’s name be removed from the appropriate register.
(2) An order mentioned in subsection (1)(a) is enforceable as if it were ordered in connection with a civil action in the General Division of the High Court.[40/2019]
(3) Where a registered pharmacist in respect of whom an order for restricted registration is made under subsection (1)(c), or an order for interim restricted registration is made under section 54(1)(b) or 56(1)(d), is judged by the Health Committee to have failed to comply with any of the requirements imposed on him or her as conditions of his or her registration, the Health Committee may, order that the registered pharmacist’s registration in the appropriate register be suspended for a period not exceeding 12 months as specified in the order.
(4) Where the Council accepts the recommendation of the Health Committee under subsection (1)(d), the Council must by order direct that the name of the registered pharmacist be removed from the appropriate register, and that order takes effect from the date the order is made.
(5) Where the Health Committee has made an order for suspension under subsection (1) or (3), the Health Committee may order that, from the expiry of the current period of suspension, the registration of the person whose registration is suspended be a restricted registration.
(6) Where the Health Committee has made an order for suspension under subsection (1) or (3) against a person and that person has failed to comply with that order, the Health Committee may —(a)
make a recommendation referred to in subsection (1)(d) to the Council, and subsection (4) applies accordingly; or
(b)
order that, from the expiry of the current period of suspension, the person’s registration in the appropriate register be restricted in any manner that it thinks fit for a period not exceeding 3 years.
(7) Where the Health Committee has made an order for restricted registration, the Health Committee may revoke the order or revoke or vary any of the conditions imposed by the order.
(8) Subsection (3) applies to a registered pharmacist whose registration is subject to conditions imposed by an order for restricted registration made under subsection (5) or (6) as it applies to a registered pharmacist whose registration is subject to conditions imposed by an order for restricted registration made under subsection (1)(c), and subsection (7) applies accordingly.
(9) Where the Health Committee has —(a)
made an order under this section for suspension or for restricted registration, including an order for extending a period of suspension or a period of restricted registration; or
(b)
varied the conditions imposed by a direction for restricted registration,
the Registrar must immediately serve on the person to whom the order applies a notice of the order or of the variation.
(10) While a person’s registration in the appropriate register is suspended by virtue of this section, the person is to be treated as not being registered in that register even though the person’s name still appears in it.
(11) Sections 42(5), (6) and (7) and 43 apply, with the necessary modifications, to the Health Committee and references to a Disciplinary Committee are to be read as references to the Health Committee.
(12) Any person who is aggrieved by any order or any variation of the conditions imposed by an order for restricted registration made by the Health Committee under this section may, within 30 days of the service on the person of the notification of the order, appeal to the Minister whose decision is final.
(13) Any order or any variation of the conditions imposed by an order for restricted registration made by the Health Committee takes effect from the time the order or variation is made unless the Minister decides otherwise.
Restoration of names removed on recommendation of Health Committee
Open ↗52.—(1) Where the name of a person has been removed from an appropriate register on the recommendation of the Health Committee under section 51, the Council may, upon application by the person, direct that the person’s name be restored to the appropriate register.
(2) An application under subsection (1) must not be made to the Council more than once in any period of 12 months by or on behalf of the person.
(3) An application under subsection (1) must not be made to the Council by or on behalf of the person unless the person has complied with all the terms of the order made against him or her.
Interim Orders Committee
Open ↗53.—(1) The Council may appoint one or more committees comprising 3 of its members, each to be known for the purposes of this Act as an Interim Orders Committee, to inquire into any matter referred by the Council under subsection (3).
(2) An Interim Orders Committee may be appointed in connection with one or more matters or for a fixed period of time.
(3) The chairperson of the Complaints Panel, a Complaints Committee, a Disciplinary Committee or the Health Committee may refer any complaint or information to the Council for the purpose of determining if an order should be made under section 54; and the Council must refer the complaint or information to an Interim Orders Committee for this purpose.
(4) A member of a Complaints Committee or Disciplinary Committee inquiring into any matter must not be a member of an Interim Orders Committee inquiring into or reviewing that matter.
(5) A member of an Interim Orders Committee inquiring into or reviewing any matter must not be a member of a Complaints Committee or Disciplinary Committee inquiring into that matter, or take part in any deliberation of the Council under section 51(4) in respect of that matter.
(6) Neither the chairperson of the Complaints Panel nor any member of the Health Committee may be a member of an Interim Orders Committee.
(7) All members of an Interim Orders Committee must vote on any question arising at a meeting of the Interim Orders Committee and the question must be determined by a majority of votes.
(8) A member of an Interim Orders Committee which has commenced any inquiry or review of any case must, despite having ceased to be a member of the Council, continue to be a member of the Interim Orders Committee until the completion of that inquiry or review.
(9) Sections 42(5), (6) and (7) and 43(1), (4) to (8) and (11) apply, with the necessary modifications, to an Interim Orders Committee and to proceedings before it as they apply to a Disciplinary Committee and to proceedings before a Disciplinary Committee.
Interim orders
Open ↗54.—(1) Where, upon due inquiry into any complaint or information referred to it, an Interim Orders Committee is satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of a registered pharmacist, for the registered pharmacist’s registration to be suspended or to be made subject to conditions, the Interim Orders Committee may make an order that —(a)
the registered pharmacist’s registration in the appropriate register be suspended for a period not exceeding 18 months as specified in the order (called in this Part an interim suspension order); or
(b)
the registered pharmacist’s registration be conditional on his or her compliance, during a period not exceeding 18 months as specified in the order, with such requirements so specified as the Interim Orders Committee thinks fit to impose (called in this Part an order for interim restricted registration).
(2) The Registrar must immediately serve a notification of the order under subsection (1) on the registered pharmacist.
Review of interim orders
Open ↗55.—(1) Subject to subsection (2), where an Interim Orders Committee has made an order under section 54, the Interim Orders Committee or another Interim Orders Committee appointed in its place —(a)
must review it within 6 months beginning on the date on which the order was made, and must then, for so long as the order continues in force, further review it before the end of 3 months beginning on the date of the decision of the immediately preceding review; and
(b)
may review it where new evidence relevant to the order has become available after the order was made.
(2) Where the General Division of the High Court has extended the order under section 58(2) or an Interim Orders Committee has made a replacement order under section 56(1)(c) or (d), the first review after the extension or making of the replacement order must take place —(a)
if the order (or the order which has been replaced) had not been reviewed under subsection (1), within 6 months beginning on the date on which the General Division of the High Court ordered the extension or on which the replacement order was made, as the case may be; or
(b)
if it had been reviewed under subsection (1), within 3 months beginning on the date on which the General Division of the High Court ordered the extension or on which the replacement order was made.[40/2019]
Interim Orders Committee may revoke, vary or replace interim order
Open ↗56.—(1) Where an interim suspension order or an order for interim restricted registration has been made under this section or section 54 in relation to any registered pharmacist, the Interim Orders Committee that made the order or another Interim Orders Committee appointed in its place may, either upon its review mentioned in section 55 or upon the recommendation of a Complaints Committee, a Disciplinary Committee or the Health Committee —(a)
revoke the order or revoke any condition imposed by the order;
(b)
make an order varying any condition imposed by the order;
(c)
if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the registered pharmacist concerned, or that the registered pharmacist has not complied with any requirement imposed as a condition of his or her registration in the order for interim restricted registration, replace that order with an interim suspension order having effect for the remainder of the period of the former; or
(d)
if satisfied that the public interest or the interests of the registered pharmacist concerned would be more adequately served by an order for interim restricted registration, replace the interim suspension order with an order for interim restricted registration having effect for the remainder of the period of the former.
(2) The Registrar must immediately serve a notification of the decision under subsection (1) on the registered pharmacist.
Right of hearing
Open ↗57.—(1) An order under section 54 or 56(1)(b), (c) or (d) must not be made by an Interim Orders Committee in respect of any registered pharmacist unless the registered pharmacist has been afforded an opportunity of appearing before the Interim Orders Committee and being heard on the question whether such an order should be made in his or her case.
(2) For the purposes of subsection (1), the registered pharmacist may be represented before the Interim Orders Committee by counsel.
(3) Regulations made for the purposes of an Interim Orders Committee may include provision securing that the registered pharmacist in respect of whom an interim suspension order or an order for interim restricted registration has been made is, if the registered pharmacist so requires, entitled to be heard by the Interim Orders Committee on each occasion on which it reviews the order, and be represented by counsel during the review.
Application to General Division of High Court
Open ↗58.—(1) The Council may apply to the General Division of the High Court for an order made under section 54 or 56(1)(c) or (d) to be extended, and may apply again for further extensions.[40/2019]
(2) On such an application, the General Division of the High Court may extend (or further extend) for up to 12 months the period for which the order has effect.[40/2019]
(3) The General Division of the High Court may, on application by the registered pharmacist concerned —(a)
in the case of an interim suspension order, revoke the order;
(b)
in the case of an order for interim restricted registration, revoke the order or vary any condition imposed by the order; and
(c)
in either case, substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when it was made (or in the order extending it).[40/2019]
Duration of interim orders
Open ↗59.—(1) An interim suspension order or an order for interim restricted registration is in force until the earlier of the following:(a)
the end of the period specified in the order or, if extended under section 58(2), in the order extending it;
(b)
the date on which proceedings are concluded.
(2) For the purposes of subsection (1)(b), proceedings are concluded if —(a)
the Complaints Committee inquiring into the complaint or information has made an order under section 41(1)(a) and —(i)
no appeal to the Minister under section 41(6) or (7) has been made against that order within the period specified in that section or such an appeal is withdrawn; or
(ii)
the Minister makes an order under section 41(8)(a) or (c);
(b)
the Disciplinary Committee inquiring into the complaint or information has made an order under section 45(2) which has taken effect, or has dismissed the complaint or matter under section 45(4); or
(c)
the Health Committee has made an order under section 51(1) which has taken effect, the Council has made an order under section 51(4) which has taken effect, or the Health Committee has dismissed the complaint or matter.
Person suspended under interim suspension order not regarded as registered
Open ↗60.—(1) While a person’s registration in the appropriate register is suspended by virtue of an interim suspension order, the person is not to be regarded as being registered even though the person’s name still appears in that register.
(2) Immediately upon the expiry or revocation of the order, the person’s rights and privileges as a registered pharmacist are revived from the date of the expiry or revocation, provided that the person has complied with all the terms of the order.
(3) To avoid doubt, the provisions of this Part, where relevant, continue to apply to a person whose registration in the appropriate register is suspended by virtue of an interim suspension order.
Council may appoint legal counsel
Open ↗61. For the purposes of an inquiry under this Part by a Disciplinary Committee, the Health Committee or an Interim Orders Committee, the Council may appoint an advocate and solicitor and pay him or her, as part of the expenses of the Council, any remuneration determined by the Council.
Recovery of penalties and costs
Open ↗62. Any financial penalty and costs payable by any person under this Part are recoverable by the Council as a debt due to the Council from that person and the person’s liability to pay is not affected by the person ceasing to be registered with the Council.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
