Second Session, 44th General Assembly

49 Elizabeth II, 2000

BILL 7

AN ACT TO AMEND THE

PHARMACEUTICAL

ASSOCIATION ACT, 1994

Received and Read the First

Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE ROGER GRIMES

Minister of Health and Community Services

Ordered to be printed by the

Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Pharmaceutical

Association Act, 1994 to provide for pharmacist participation in

the prescription drug monitoring program established under the

Medical Act .

The Bill would further indemnify a pharmacist who

complies with a request for information under the program from

liability for providing that information to the program.

A BILL

AN ACT TO AMEND THE PHARMACEUTICAL ASSOCIATION

ACT, 1994

Analysis

1. S.34.1 Added

Compliance with prescription drug monitoring program

Be it enacted by the

Lieutenant-Governor and House of Assembly in Legislative

Session convened, as follows:

SN1994 cP-12.1

1. The Pharmaceutical Association Act, 1994 is

amended by adding immediately after

section 34 the following:

Compliance with prescription drug monitoring program

34.1

(1) A pharmacist shall, where the

Newfoundland Medical Board or a person authorized by that board

requests under the prescription drug monitoring program established

section 24.16 of the Medical Act, provide the information

that the Newfoundland Medical Board or a person authorized by that

board requests.

(2) The information requested under subsection

(1) may include but is not limited to patient records, notes,

accounts and other documents kept by the pharmacist.

(3) A pharmacist who fails to comply with a

request under subsection (1) is guilty of professional misconduct.

(4) An action for damages does not lie against a

pharmacist solely because the pharmacist provides the information

requested of him or her under subsection (1).

(5) A pharmacist is not guilty of professional

misconduct solely because the pharmacist provides the information

requested of him or her under subsection (1).

Earl G. Tucker, Queen's Printer