Singapore legislation
Section 51
Section 51
Unfitness to practise through illness, etc.
(1)
Where the Health Committee is satisfied that the fitness of the registered pharmacist to practise as a pharmacist is impaired by reason of his physical or mental condition, the Health Committee may exercise one or more of the following powers:
order that he 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;
order that his registration as a pharmacist be suspended for such period not exceeding 12 months as may be specified in the order;
order that his registration as a pharmacist be conditional upon his compliance, during such period not exceeding 3 years as may be specified in the order, with such requirements so specified as the Health Committee thinks fit to impose for the protection of members of the public or in his interests (referred to in this Part as restricted registration);
recommend to the Council that his name be removed from the appropriate register.
(2)
An order referred to in subsection (1)(a) shall be enforceable as if it were ordered in connection with a civil action in the High Court.
(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 as conditions of his registration, the Health Committee may, if it thinks fit, order that his registration in the appropriate register be suspended for such period not exceeding 12 months as may be specified in the order.
(4)
Where the Council accepts the recommendation of the Health Committee under subsection (1)(d), the Council shall by order direct that the name of the registered pharmacist be removed from the appropriate register and that order shall take 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 the registration of the person whose registration is suspended shall, as from the expiry of the current period of suspension, 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, if it thinks fit —
make a recommendation referred to in subsection (1)(d) to the Council, and subsection (4) shall apply accordingly; or
order that, from the expiry of the current period of suspension, his registration in the appropriate register be restricted in such manner as 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) shall apply 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) shall apply accordingly.
(9)
Where the Health Committee has —
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
varied the conditions imposed by a direction for restricted registration,the Registrar shall 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, he shall be treated as not being registered in that register notwithstanding that his name still appears in it.
(11)
Sections 42(5), (6) and (7) and 43 shall apply, with the necessary modifications, to the Health Committee and references to a Disciplinary Committee shall 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 him of the notification of the order, appeal to the Minister whose decision shall be final.
(13)
Any order or any variation of the conditions imposed by an order for restricted registration made by the Health Committee shall take effect from the time the order or variation is made unless the Minister decides otherwise.