Page 3705 - Week 12 - Thursday, 21 October 1993
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To be eligible for general unconditional registration, applicants must be graduates of a course of study and training in pharmacy from an Australian institution or an overseas institution which is accredited in writing by the board. They must also have successfully completed an examination conducted by or on behalf of the board and have undertaken the required training or gained experience in the practice of pharmacy in Australia for a period specified by the board, but not exceeding 12 months.
The new registration arrangements distinguish initial registration from subsequent streamlined mutual recognition procedures for registered pharmacists from participating jurisdictions under the mutual recognition arrangements. In addition to unconditional registration, the board has a discretionary power to register a person with conditions that will limit the person's ability to practise in a way that the Pharmacists Board considers safe or appropriate for that person or in the interests of public safety.
The Pharmacy Board's disciplinary powers have been expanded to provide for a range of uniform sanctions which can be imposed, either singularly or in combination, on a person's registration as a result of disciplinary action or in cases of impairment. There is a requirement for the board to hold an inquiry prior to imposing any of the expanded range of sanctions on a person's registration. Where a person has had conditions imposed on his or her registration under the impairment provisions, that person may request the board to review those conditions. If the board is satisfied that the impairment has lessened or that the person no longer suffers from that impairment, it may impose new conditions on the person's registration or remove the conditions. Where the board refuses to review conditions imposed on a person's registration under these circumstances, there is a right of appeal to the ACT Administrative Appeals Tribunal.
The transitional provisions will ensure continuation of registration for pharmacists registered under the Pharmacy Act 1931 on the same terms and subject to the same conditions as those that applied to his or her registration immediately before the commencement of the new provisions. So you can feel safe, Kate. The transitional arrangements also entitle persons who were granted provisional registration under the principal Act to interim registration under the new provisions. These arrangements also provide, where a person has failed to pay the annual fee that became payable under the principal Act and whose registration was cancelled for failure to pay the fee, for his or her registration to be cancelled for failure to pay the annual fee under the amended Act.
The transitional arrangements also provide for the continuation of inquiries and reviews or the investigation of complaints in relation to the registered pharmacist's previous conduct which were pending or under way immediately prior to the enactment of the present amendments. Decisions by the Pharmacy Board in respect of registration, disciplinary and impairment matters will be subject to appeals to the ACT Administrative Appeals Tribunal.
In addition, the Bill provides for a number of amendments of a housekeeping nature, including the removal of sexist language and provisions dealing with registration of interstate practitioners and personal attendance requirements, which will now be dealt with under the mutual recognition legislation framework. I present the explanatory memorandum to the Bill.
Debate (on motion by Mrs Carnell) adjourned.
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