Section 39
Complaints against registered pharmacists
of Pharmacists Registration Act 2007
(1)
Any —
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;
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;
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
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 chairperson of the committee who is also a member of the Council;
2 registered pharmacists, at least one of whom is not a member of the Council; and
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 —
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
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.