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Pharmacists Rs Chap 1979 PHARMACISTS RS CHAP. 326 PHARMACISTS ACT CHAPTER 326 Interpretation 1. In this Act "advertise" means to promote, directly or indirectly, the sale or disposal of Schedule A drugs; "board" means the board of examiners established under this Act; "bylaws" means the bylaws of the college; "clerkship" means the training given in a pharmacy by a pharmacist to a student or graduate; "college" means the College of Pharmacists of British Columbia; "committee" means the discipline committee; "council" means the council of the college; "dispense" includes the preparation and release of a drug prescribed in a prescription and the taking of steps to ensure the pharmaceutical and therapeutic suitability of a drug for its intended use; "drug" means a substance or combination of substances used or intended to be used to diagnose, treat, mitigate or prevent a disease, disorder or abnormal physical or mental state, or a symptom of them, or to restore, correct or modify organic functions, in man or animal, and includes a substance or combination of substances named or included by reference in Schedule A or Schedule B; "executive" means the executive committee of the council; "facility" means a place, other than a pharmacy, from which Schedule A drugs are distributed; "graduate" means a person registered under this Act as a graduate; "inspector" means a person so appointed by the council; "interchangeable drug" means a drug of equal quality that contains, in the same dosage form, the same amount of the same active ingredients as the drug prescribed; "manager" means a pharmacist who is designated in a pharmacy licence as manager of a pharmacy; "pharmacist" means a member of the college who is (a) registered under this Act or its predecessor as a pharmacist; and (b) except in sections 3,15 and 48 (2) (c) the holder of a valid and subsisting licence issued by the college entitling him to practise as a pharmacist in the Province; "pharmacy" means a place where drugs may be dispensed, stored or sold to the public; "practitioner" means a person authorized under the law of any province to practise medicine, dentistry, podiatry or veterinary medicine; "prescription" means a direction from a practitioner that a specified amount of a specified drug be dispensed; "registrar" means the registrar of the college appointed by the council and includes a deputy registrar; "respondent" means a person notified by citation under section 34; "rules" means the rules of the college prescribed by the council; 1 RS CHAP. 326 PHARMACISTS 28 ELIZ. 2 "Schedule A drug" means a drug named or included by reference in Schedule A; "Schedule B drug" means a drug named or included by reference in Schedule B; "sell" includes barter, distribute, supply, and offer, expose, advertise or possess for the purposes of selling; "student" means a person so registered under this Act. 1974-62-1, 1976-39-1 College 2. The Pharmaceutical Association of the Province of British Columbia, incorporated under the Pharmacy Act, 1891, is continued as a corporation under the name "College of Pharmacists of British Columbia". 1974-62-2, 1976-39-2 Membership 3. Membership in the college consists of those persons who are or become pharmacists under this Act. 1974-62-3 Meetings of college 4. (1) The college shall hold an annual general meeting of the members in each year. (2) A special general meeting of the college may be called or, where the council receives a petition from not less than 75 pharmacists, shall be called, by the council. (3) Annual and special general meetings shall be called by the council under the rules. 1974-62-4 Voting, quorum, proxy 5. (1) A person who is not a pharmacist shall not vote at a meeting of the college. (2) Quorum at a meeting of the college is 25 pharmacists. (3) A person shall not act as proxy at a meeting for more than 5 pharmacists. (4) A majority of persons voting on a resolution or motion is required to pass it. 1974-62-5 Council to administer college 6. The management, administration and control of the property, revenue, expenditure, business and affairs of the college are vested in the council; but the power to buy or sell land is vested in the college. 1974-62-6 Composition of council 7. The council shall consist of not less than 8 or more than 17 persons, of whom (a) not less than 6 or more than 15 shall be pharmacists resident in the Province and elected to the council under section 8; (b) one, who need not be a pharmacist, shall be appointed by the Lieutenant Governor in Council; and 2 1979 PHARMACISTS RS CHAP. 326 (c) one shall be the person who is dean of the Faculty of Pharmaceutical Sciences at The University of British Columbia. 1974-62-7. Election of council 8. For the purpose of electing the elected members of council, the college shall by bylaw, (a) divide the Province into electoral districts; (b) fix the number of pharmacists who are (i) members of the council; (ii) from each electoral district; and (iii) entitled to vote in each electoral district; and (c) fix the manner of holding, and of voting at, an election. 1974-62-8. Duration of membership on council 9. A member of council holds office for a term of 2 years but ceases to be a member (a) on resignation; or (b) in the case of elected members, on ceasing to be a pharmacist, or on ceasing to practise as a pharmacist in the electoral district from which he was elected, or on suspension of his licence. 1974-62-9. Vacancies on council 10. Where a vacancy occurs in an elected member's position on the council, the council shall appoint another pharmacist from the electoral district from which the vacating member was elected. The appointee holds office for the remainder of the vacating member's term. 1974-62-10. Meetings of council 11. (1) Quorum at a council meeting is 6 members unless the council fixes a higher number. (2) A majority of persons voting on a resolution or motion is required to pass it. (3) A resolution agreed to in writing by every member of the council has the same effect as if passed at a meeting of the council. 1974-62-11. Executive 12. (1) There shall be an executive committee of the council composed of (a) the president of the college; and (b) not less than 4 other council members appointed by the council at its first meeting after the college annual general meeting, to hold office until replaced by the council. (2) Where a vacancy occurs in the executive, the president of the college may appoint an interim replacement from the members of the council to hold office until the council appoints a replacement. 3 RS CHAP. 326 PHARMACISTS 28 ELIZ. 2 (3) Subject to the control of the council, the executive has power to do any of the things vested in the council under section 6. (4) Quorum at an executive meeting is 3/4 of its members. (5) The executive shall present a report of its activities at each meeting of council. 1974-62-12. Registrar 13. The council shall appoint a pharmacist as registrar to carry out the duties imposed by this Act, the bylaws and rules, and other duties the council determines. 1974-62-13. Registers 14. (1) The registrar shall maintain the following registers, each to contain the information required by the rules: (a) a register of the members of the college; (b) a register of pharmacists; (c) a register of pharmacies; (d) a register of graduates and students; (e) a provisional register; and (f) as many other registers as the council directs. (2) An extract from a register, certified by the registrar, is proof in the absence of evidence to the contrary of the truth of its contents in any proceeding. (3) If the council is satisfied that an entry has been fraudulently or incorrectly made, it may direct the registrar to amend a register. 1974-62-14. Registration of pharmacists 15. (1) A person may apply to the registrar, in the form and manner prescribed by the rules, to be registered with the college as a pharmacist who (a) has graduated with a degree of bachelor of science in pharmacy from The University of British Columbia, or is registered with the Pharmacy Examining Board of Canada and has passed examinations set by the board; (b) has served the period of clerkship prescribed by the bylaws; (c) has paid the registration fee prescribed by the rules; and (d) complies with this Act, the bylaws and rules. (2) The registrar shall issue a diploma in the form prescribed by the rules to a person accepted for registration. (3) The examination referred to in subsection (1) and any other examination required by this Act, the bylaws or rules, shall, where no other person is designated, be conducted by a board of examiners, the members of which shall be appointed on the recommendation of the college council by the Lieutenant Governor in Council. At least one member shall be a member of the Faculty or Pharmaceutical Sciences at The University of British Columbia. 1974-62-15. 4 1979 PHARMACISTS RS CHAP. 326 Registration of graduates and students 16. A person who (a) has graduated with a degree of bachelor of science in pharmacy, or equivalent, from a university outside the Province; or (b) is enrolled as a student in a faculty of pharmacy at a university in Canada, may, on payment of the fee prescribed by the rules and on satisfying the registrar of his educational standing, age, fluency in English and moral character, apply to the registrar to be registered with the college as a graduate where the person applies under paragraph (a) or as a student where the person applies under paragraph (b).
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