SELF-GOVERNING PROFESSIONS - Health care - Pharmacists

Law360 Canada (January 14, 2021, 6:21 AM EST) -- Appeal by LCI from the dismissal of its application for judicial review of a Statement issued by the respondent College. The appellant promoted the sale of a weight-loss product it had developed through authorized centres, including various pharmacies. For a pharmacy to become an authorized centre permitted to sell the products associated with the Protocol, the pharmacist had to provide monitoring and consulting services to customers who followed the Protocol’s program. The College became concerned the pharmacists were practising dietetics, a field exclusively reserved for dietitians, when performing the services required of them within the Protocol. The College thus issued a Statement to remind pharmacists of their legal and ethical obligations towards the public and urged them to confine their professional activities to the areas permitted by legislation, regulation and policy. The application judge found the Statement was nothing more than a reminder or guideline and not subject to judicial review. The appellant argued the application judge erred by deciding the Statement was not a decision subject to judicial review and by failing to find the Statement was ultra vires the powers of the College with reference to ss. 22 and 49 of the Pharmacy Act on the issue of scope of practice....
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