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under Pharmacy Act, 1991, S.O. 1991, c. 36

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current April 17, 1997 (e-Laws currency date)

Pharmacy Act, 1991
Loi de 1991 sur les pharmaciens



Consolidation Period: From April 17, 1997 to the e-Laws currency date.

Last amendment: O.Reg. 122/97.

This Regulation is made in English only.

0.1 In this Regulation,

“sell” includes distribute, give away, supply or offer to sell, distribute, give away or supply, and “sale” has a corresponding meaning. O. Reg. 122/97, s. 1.

1. The following are acts of professional misconduct for the purposes of clause 51 (1) (c) of the Health Professions Procedural Code.

The Practice of the Profession and the Care of, and Relationship with, Patients

1. Contravening a term, condition or limitation imposed on the member’s certificate of registration.

2. Failing to maintain a standard of practice of the profession.

3. Abusing a patient, verbally or physically.

4. Practising the profession while the member’s ability to do so is impaired by any substance.

5. Dispensing or selling drugs for an improper purpose.

6. Discontinuing professional services that are needed, without reasonable cause, unless,

i. the patient requests the discontinuation,

ii. alternative services are arranged, or

iii. the patient is given a reasonable opportunity to arrange alternative services.

7. Practising the profession while the member is in a conflict of interest.

8. Breaching an agreement with a patient relating to professional services for the patient or fees for such services.

9. Failing to reveal the exact nature of a remedy or treatment used by the member following request to do so by a patient or his or her agent.

Representations about Members

10. Inappropriately using a term, title or designation in respect of the member’s practice.

11. Inappropriately using a term, title or designation indicating a specialization in the profession.

12. Using a name other than the member’s name, as set out in the register, in the course of providing or offering to provide services within the scope of practice of the profession.

Record Keeping and Reports

13. Failing to keep records as required respecting the member’s patients.

14. Falsifying a record relating to the member’s practice.

15. Signing or issuing, in the member’s professional capacity, a document that the member knows contains a false or misleading statement.

Business Practices

16. Submitting an account or charge for services that the member knows is false or misleading.

17. Charging a fee that is excessive in relation to the service provided.

18. Providing a prescriber with prescription blanks, a professional diary, an appointment book or other gift, whether or not imprinted with the name of a member or the name of a pharmacy.

19. Sharing fees with any person who has referred a person to a member or to a pharmacy, or receiving fees from any person to whom a member has referred a person.

20. Participating in a lease of premises for a pharmacy that permits any person other than a member or the owner of the pharmacy to participate in the revenue of the pharmacy except by way of a rent normal for the area in which the premises are located.

Miscellaneous Matters

21. Contravening the Act, the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act, 1991 or the regulations under those Acts.

21.1 Permitting, consenting to or approving, either expressly or by implication, any act that contravenes Ontario Regulation 121/97 in respect of prescription services at a pharmacy operated by a corporation of which the member is a director.

21.2 Contacting or communicating with, or causing or permitting any person to contact or communicate with potential patients, in person, by telephone or by facsimile machine, in an attempt to solicit business.

22. Contravening, while engaged in the practice of pharmacy, any federal or provincial law or municipal by-law with respect to the distribution, sale or dispensing of any drug or mixture of drugs.

23. Influencing a patient to change his or her will or other testamentary instrument.

24. Entering into any agreement that restricts a person’s choice of a pharmacist without the consent of the person.

25. Returning to stock or again selling or dispensing a drug previously sold or dispensed and delivered.

26. Knowingly permitting the premises in which a pharmacy is located to be used for unlawful purposes.

27. Permitting, consenting to or approving, either expressly or by implication, the commission of an offence against any Act relating to the practice of pharmacy or to the sale of drugs by a corporation of which the member is a director.

28. Refusing to allow a duly appointed inspector to enter, at a reasonable time, the pharmacy in which the member is engaged in the practice of pharmacy for the purpose of an inspection.

29. Offering or distributing, directly or indirectly, a gift, rebate, bonus or other inducement with respect to a prescription or prescription services.

30. Engaging in conduct or performing an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. O. Reg. 681/93, s. 1; O. Reg. 217/94, s. 1; O. Reg. 122/97, s. 2.

2.  Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 681/93, s. 2.