32. Disciplinary matters
(1) There is proper cause for disciplinary action if a pharmaceutical chemist, company or friendly society ¾
(a) has been convicted of an offence that renders that person, company or friendly society unfit to continue to be engaged in carrying on the practice of a pharmaceutical chemist;
(b) being a pharmaceutical chemist, is by reason of mental or physical incapacity, alcohol, or addiction to any deleterious drug unfit to continue to practise;
(c) is guilty of carelessness, incompetence, impropriety, misconduct or infamous conduct in a professional respect;
(d) is guilty of the breach of an undertaking given by or on behalf of that party pursuant to previous proceedings commenced under this section; or
(e) is guilty of contravening the regulations relating to advertising.
(2) The Council may allege to the State Administrative Tribunal that there is proper cause for disciplinary action, as mentioned in subsection (1), against a pharmaceutical chemist, company or friendly society.
(3) If in a proceeding commenced by an allegation under this section the State Administrative Tribunal is of the opinion that proper cause exists for disciplinary action, the Tribunal may ¾
(a) where that person is a pharmaceutical chemist, ¾
(i) order that his name be erased from the register;
(ii) order that for such period as is specified in the order, not being a period in excess of 3 years, he be prohibited from carrying on the practice of a pharmaceutical chemist, and that his licence be accordingly suspended;
(iii) impose on him a fine not exceeding $500; or
(iv) censure him;
(b) in the case of a company or friendly society ¾
(i) impose on it a fine not exceeding $500; or
(ii) censure it;
(c) in any case ¾
(i) by order require any party to the proceedings to give an undertaking to the Council in such terms as the Tribunal specifies in the order, either personally or in the case of a company or friendly society under the hand of a proper officer; and
(ii) by order impose or vary any condition in relation to a licence or registration.
(4) Instead of making an allegation to the Tribunal under subsection (2), if the Council ¾
(a) is of the opinion that a proceeding before the Tribunal is not warranted by the nature of the matter involved;
(b) has afforded to the person concerned the opportunity of giving an explanation to the Council either in person or in writing and is not satisfied by any explanation offered; and
(c) has afforded to the person concerned the option of the matter proceeding before the Tribunal and that option has not been taken up,
the Council may deal with the matter as described in subsection (3)(a)(iii) or (iv), (3)(b), or (3)(c) except that it cannot impose a fine of more than $2 500.
(5) The Council may, in addition to or instead of imposing 1 or more penalties under provisions referred to in subsection (4), order the person concerned to pay all or any of the costs and expenses of or incidental to the proceedings.
(6) The amount of any penalty, costs, or expenses that the Council orders under subsection (4) or (5) that a person pay is recoverable by the Council in any court of competent jurisdiction as a debt due to the Council.
[Section 32 inserted by No. 55 of 2004 s. 932.]