jswizzle3737/ontario_laws_and_regs huggingface dataset:
48. (1) If the Committee requires a pharmacist to undertake remediation under section 47 and the pharmacist either fails to do so or fails to successfully complete the remediation, the Committee may direct the Registrar to impose terms, conditions or limitations on the pharmacist’s certificate of registration for a specified period not exceeding six months. (2) If the Committee proposes to make a direction under subsection (1), it shall not do so unless, (a)  the pharmacist has been given written notice of its intention; (b)  the pharmacist has been given at least 14 days from receipt of the notice to make written submissions to the Committee or to request an appearance before the Committee in order to make oral submissions; and (c)  the Committee has considered any such submissions. (3) A pharmacist who requests an appearance under clause (2) (b) shall be given a reasonable opportunity to appear but the Committee may dispose of the matter if he or she has been given a reasonable opportunity to appear and does not. (4) If the period specified under subsection (1) expires and the pharmacist still has not undertaken or successfully completed the remediation, the Committee may report him or her to the Executive Committee and provide it with such information as it considers appropriate, except information that may not be disclosed under section 83 of the Health Professions Procedural Code. (5) If the Registrar imposes terms, conditions or limitations on a pharmacist’s certificate of registration for a specified period pursuant to a direction given by the Committee under subsection (1), the Committee may direct the Registrar to remove the terms, conditions or limitations before the end of the specified period if the Committee is satisfied that they are no longer needed. (6) After directing the imposition of terms, conditions or limitations on a pharmacist’s certificate of registration for a specified period not exceeding six months under subsection (1), the Committee may direct the imposition of terms, conditions or limitation on the pharmacist’s certificate of registration for a second specified period not exceeding six months under subsection (1) but, after having done so, the Committee shall not direct the imposition of terms, conditions or limitations on the pharmacist’s certificate of registration for any further specified period. (7) If the Committee directs a second imposition of terms, conditions or limitations on the pharmacist’s certificate, subsections (2), (3), (4) and (5) apply with respect to the second imposition.  O. Reg. 98/98, s. 2. Remediation of Behaviour and Remarks of a Sexual Nature
49. (1) This section applies to matters referred to the Committee by, (a)  a panel of the Complaints Committee under subsection 26 (3) of the Health Professions Procedural Code; and (b)  the Executive Committee under section 79.1 of the Code. (2) The chair of the Committee shall establish a panel from among the members of the Committee for the purpose of considering a matter referred to in subsection (1). (3) The chair of the Committee shall appoint a mediator to attempt to resolve the matter. (4) If the mediator is unable to resolve the matter within 90 days after being appointed, the mediator shall report the failure to the chair without delay and provide the chair with a written report on the mediation. (5) The chair shall give the member complained against a copy of the mediator’s report and a notice advising him or her of the right to make written submissions to the panel. (6) The member shall be given at least 14 days after receipt of the mediator’s report and recommendations to make written submissions to the panel or to request an appearance before the panel to make oral submissions, or to do both. (7) A member who requests an appearance shall be given a reasonable opportunity to make an appearance, but the panel may dispose of the matter without such appearance if the member has been given a reasonable opportunity to appear. (8) If the mediation concerns a matter referred by the Complaints Committee, the chair shall give the complainant a copy of the mediator’s report. (9) A mediator’s proposed resolution of a matter referred to the Committee by the Complaints Committee must be acceptable to the complainant, the member complained against and the panel. (10) A mediator’s proposed resolution of a matter referred to the Committee by the Executive Committee must be acceptable to the member complained against and the panel. (11) After considering the mediator’s report and any written or oral submissions, the panel may require the member to undergo an assessment for the purpose of establishing if he or she requires education with respect to sexual abuse. (12) The assessment shall be carried out by an assessor appointed by the Committee. (13) The assessor shall provide a written report to the panel and shall make such recommendations as the assessor considers appropriate about the member’s need for education with respect to sexual abuse. (14) A copy of the report and recommendations, and a notice informing him or her of the right to make submissions in accordance with subsections (6) and (7), shall be provided to the member. (15) After considering the assessor’s report and recommendations and the member’s submissions, if any, the panel may require the member to attend or participate in a sexual abuse education program. (16) If the panel proposes to take action under subsection (15), the member has the right to make submissions in accordance with subsections (6) and (7).  O. Reg. 98/98, s. 2.
50. (1) If a member refuses to undergo an assessment under subsection 49 (11) or to attend or participate in a program under subsection 49 (15), the panel may direct the Registrar to impose terms, conditions or limitations on the member’s certificate of registration for a specified period not exceeding six months. (2) If the panel proposes to take action under subsection (1), the member has the right to make submissions in accordance with subsections 49 (6) and (7). (3) If the panel is satisfied that the terms, conditions and limitations imposed on a member’s certificate or registration are no longer needed, it shall direct the Registrar to remove them before the end of the specified period. (4) If, at the end of the specified period, the member continues to refuse to undergo the required assessment or to attend or participate in the program, the panel shall refer the matter to the Executive Committee.  O. Reg. 98/98, s. 2. Panel Requirements
51. (1) The Committee may sit as a panel to consider a report on a practice review or any matter arising out of a practice review, a matter relating to the imposition of terms, conditions or limitations on a member’s registration under section 48 or a matter under section 49. (2) A panel shall have at least three members appointed by the chair of the Committee from among the Committee members; at least one member of the panel shall be a member appointed to the Committee by the Lieutenant Governor in Council. (3) Three members of a panel constitute a quorum.  O. Reg. 98/98, s. 2. Part IX   INSPECTION OF DRUG PREPARATION PREMISES Temporal Application
52. This Part applies to the College and members as of the day that it comes into force, except that, (a)  sections 54, 55, 56, 59 and 60 apply as of 90 days from the day that this Part comes into force; and (b)  the requirements in subsection 57 (1) and section 58 apply as of 30 days from the day that this Part comes into force. O. Reg. 154/13, s. 1. Interpretation
53. (1) In this Part, “designated member” means, (a)  the member designated for a drug preparation premises in accordance with section 58, or (b)  where only one member engages in or supervises drug preparation activities at or in connection with a drug preparation premises, that member; “drug” means a substance or a preparation containing a substance referred to in clauses (a) to (d) of the definition of “drug” in subsection 1 (1) of the Drug and Pharmacies Regulation Act, but does not include, (a)  a substance or preparation referred to in those clauses that is manufactured, sold or represented for use in animals or fowl, or (b)  a substance or preparation referred to in clause (e), (f), (g), (h) or (i) of that definition; “drug preparation activities” means reconstituting, diluting or otherwise preparing a drug or combining, admixing or mixing together two or more substances, at least one of which is a drug, to create a final product for the purposes of the sale or provision to another person, other than pursuant to or in anticipation of a prescription; “drug preparation premises” means any place where a member engages in drug preparation activities, or where drug preparation activities take place that a member supervises, but does not include, (a)  a pharmacy in respect of which a valid certificate of accreditation has been issued under the Drug and Pharmacies Regulation Act, (b)  a premises in respect of which a valid establishment licence has been issued under the Food and Drugs Act (Canada), or (c)  a hospital or a health or custodial institution approved or licensed under any general or special Act; “inspector” means a person appointed by the College to carry out an inspection on behalf of the College; “supervise” means to supervise either directly or indirectly. O. Reg. 154/13, s. 1. (2) Anything that may be done by the College under this Part may be done by the Council or by a committee established under clause 94 (1) (i) of the Health Professions Procedural Code. O. Reg. 154/13, s. 1. Inspection
54. (1) All drug preparation premises are subject to inspection by the College in accordance with this Part. O. Reg. 154/13, s. 1. (2) In carrying out an inspection of a drug preparation premises under subsection (1), the College may also require any or all of the following: 1.  Inspection, examination or testing regarding any equipment, instrument, materials or any other thing that may be used in the drug preparation premises. 2.  Examination and copying of books, accounts, reports, records or similar documents that are, in the opinion of the College, relevant to the member’s practice with respect to the drug preparation activities at or in connection with the drug preparation premises. 3.  Inquiries or questions to be answered by the member that are relevant to the member’s practice with respect to the drug preparation activities at or in connection with the drug preparation premises. 4.  Direct observation of a member in his or her practice with respect to drug preparation activities at or in connection with the drug preparation premises. O. Reg. 154/13, s. 1.
55. An inspector may, on the production of information identifying him or her as an inspector, enter and have access to any drug preparation premises at reasonable times and may inspect the drug preparation premises and do any of the things mentioned in subsection 54 (2) on behalf of the College. O. Reg. 154/13, s. 1.
56. (1) It is the duty of every member engaging in or supervising drug preparation activities at or in connection with drug preparation premises that are subject to an inspection to, (a)  submit to an inspection of the drug preparation premises in accordance with this Part; (b)  promptly answer a question or comply with a requirement of the inspector that is relevant to an inspection under this Part; and (c)  co-operate fully with the College and the inspector who is conducting an inspection of a drug preparation premises in accordance with this Part. O. Reg. 154/13, s. 1. (2) A member shall not engage in or supervise drug preparation activities at or in connection with a drug preparation premises where an inspector has been denied entry or access. O. Reg. 154/13, s. 1.
57. (1) No member shall commence engaging in or supervising drug preparation activities at or in connection with drug preparation premises unless the member has previously given notice in writing to the College in accordance with subsection (5) of the member’s intention to do so. O. Reg. 154/13, s. 1. (2) Where a member has provided notice in writing to the College in accordance with subsection (1) and the drug preparation premises have not passed an inspection or passed an inspection with conditions within the previous five years, the College shall ensure that an inspection of the drug preparation premises is performed within 60 days from the day that the College receives the member’s notice or 150 days from the day this Part comes into force, whichever is later. O. Reg. 154/13, s. 1. (3) A member who engages in or supervises drug preparation activities at or in connection with a drug preparation premises as of the day that is 30 days from the day this Part comes into force shall give notice in writing to the College in accordance with subsection (5) within 90 days from the day this Part comes into force. O. Reg. 154/13, s. 1. (4) The College shall ensure that an inspection of the drug preparation premises with respect to which a member gives notice under subsection (3) is performed within 150 days from the day this Part comes into force. O. Reg. 154/13, s. 1. (5) The notice required in subsections (1) and (3) shall include the following information, submitted in the form and manner required by the College: 1.  The full name of the member giving the notice and the full name of the individual or corporation who is the owner or occupier of the drug preparation premises, if he or she is not the member who is required to give notice under this section. 2.  The full address of the drug preparation premises. 3.  The date when the member first began engaging in or supervising drug preparation activities at or in connection with the drug preparation premises or the proposed date when the member intends to begin engaging in or supervising drug preparation activities at or in connection with the drug preparation premises. 4.  Any other information the College requires that is relevant to an inspection of the drug preparation premises conducted under this Part. O. Reg. 154/13, s. 1.
58. Where two or more members engage in or supervise drug preparation activities at or in connection with a drug preparation premises, the members shall designate a member as the designated member for the drug preparation premises, and shall immediately notify the College of the designated member’s identity. O. Reg. 154/13, s. 1.
59. All drug preparation premises are subject to an inspection by the College once every five years after the initial inspection of the premises or more often if, in the opinion of the College, it is necessary or advisable to do so. O. Reg. 154/13, s. 1.
61. In this Part, “member” includes a former member. O. Reg. 225/13, s. 1.