Pharmacy Act 2007

33.

Interpretation of Part 6.

33.— In this Part—

“committee of inquiry” means a health committee or a professional conduct committee;

“complaint” means a complaint made under section 35 or 36;

“disciplinary committee” means a committee established under section 34(1);

“disciplinary sanction” means a sanction specified in any paragraph of section 48(1);

“health committee” means a committee established under section 34(1)(c);

“poor professional performance” , in relation to a registered pharmacist, means any failure of the registered pharmacist to meet the standards of competence that may be reasonably expected of a registered pharmacist;

“preliminary proceedings committee” means a committee established under section 34(1)(a);

“professional conduct committee” means a committee established under section 34(1)(b);

“professional misconduct”, in relation to a registered pharmacist, means any act, omission or pattern of conduct that—

(a) is a breach of the code of conduct for registered pharmacists,

(b) is infamous or disgraceful in a professional respect (notwithstanding that, if the same or like act, omission or pattern of conduct were committed by a member of another profession, it would not be professional misconduct in respect of that profession),

(c) involves moral turpitude, fraud or dishonesty of a nature or degree which bears on the carrying on of the profession of a pharmacist, or

(d) if the registered pharmacist has been granted a licence, certificate or registration by a body outside the State relating to the practice of pharmacy is a breach of a standard of conduct, performance or ethics that—

(i) applies to a person holding that licence, certificate or registration, and

(ii) corresponds to a standard contained in the code referred to in paragraph (a) or a standard breach of which amounts to conduct of the kind mentioned in paragraphs (b) or (c),

but does not include an act, omission or pattern of conduct that consists of a wrongly but honestly formed professional judgment;

“registered” in relation to a complaint against a pharmacist or retail pharmacy business includes a pharmacist or retail pharmacy business which was registered at the time when the circumstances constituting the grounds of the complaint occurred although not registered when the complaint is made or later.