Section 51
Unfitness to practise through illness, etc.
of Pharmacists Registration Act 2007
(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:
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;
order that the registered pharmacist’s registration as a pharmacist be suspended for a period not exceeding 12 months as specified in the order;
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);
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.
(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 —
make a recommendation referred to in subsection (1)(d) to the Council, and subsection (4) applies accordingly; or
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 —
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 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.