Prescription Monitoring Act, 2007 Ramal, Khalil — Bill 108 (38th Parliament, 2nd Session)

Bill 108, 38-2

Ontario — Bills

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Bill 108, Prescription Monitoring Act, 2007

Ramal, Khalil

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[38] Bill 108 Original (PDF)

Bill 108 2006

An Act to monitor the

prescribing of certain drugs

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

"administrator" means the agency or person designated by the Minister to administer the program; ("administrateur du programme")

"board" means the Ontario Prescription Monitoring Board established by this Act; ("commission")

"College of Dental Surgeons" means the Royal College of Dental Surgeons of Ontario; ("Ordre des chirurgiens dentistes")

"College of Pharmacists" means the Ontario College of Pharmacists; ("Ordre des pharmaciens")

"College of Physicians and Surgeons" means the College of Physicians and Surgeons of Ontario; ("Ordre des médecins et chirurgiens")

"director" means a director of the board; ("administrateur")

"licensing authority" means the College of Physicians and Surgeons, the College of Pharmacists, the Royal College of Dental Surgeons of Ontario or other professional licensing body designated as a licensing authority by the regulations;

("organisme chargé de la délivrance des permis")

"member" means a person who is registered with a licensing authority and holds a licence; ("membre")

"Minister" means the Minister of Health and Long-Term Care; ("ministre")

"monitored drugs" means those drugs designated by the regulations as being subject to the program; ("médicament contrôlé")

"non-nominal data" means data that does not contain any personal identifiers; ("données non-nominales")

"personal information" means personal information as defined in the Freedom of Information and Protection of Privacy Act ; ("renseignements personnels ")

"pharmacist" means a person licensed to practise pharmacy pursuant to the Pharmacy Act, 1991 ; ("pharmacien")

"prescriber" means a person who is entitled under the laws of Ontario to prescribe monitored drugs; ("personne autorisée à prescrire des médicaments")

"program" means the prescription-monitoring program established and operated by the board; ("programme")

"registrar" means a person holding the office of the registrar, or its equivalent, for a licensing authority; ("registrateur")

"resident" means a resident as defined in the regulations made under the Health Insurance Act . ("résident")

Board established

Power of board

3. The board has the capacity, rights, powers and privileges of a natural person.

Board to establish prescription-monitoring program

(1) The board shall establish and operate a prescription-monitoring program for Ontario.

Objects of program

(2) The objects of the program are to promote,

(

a) the appropriate use of monitored drugs; and

(

b) the reduction of the abuse or misuse of monitored drugs.

Other duties of board

5. The board shall,

(

a) recommend drugs for designation by the Lieutenant Governor in Council as monitored drugs to further the objects of the program;

(

b) evaluate the effectiveness of the program in furthering its objects;

(

c) provide policy direction to the administrator regarding the program;

(

d) make recommendations to the Lieutenant Governor in Council respecting regulations that the board considers necessary or advisable to carry out the program effectively;

(

e) provide advice and recommendations to the Minister; and

(

f) perform other duties and functions assigned to it by the Minister.

Composition of board

(1) The board consists of,

(

a) three directors, each of whom represents one of the licensing authorities and is nominated by the governing body of that licensing authority and appointed by the Lieutenant Governor in Council;

(

b) the Registrar of the College of Physicians and Surgeons or a designate of the Registrar;

(

c) the Registrar of the College of Dental Surgeons or a designate of the Registrar;

(

d) the Registrar of the College of Pharmacists or a designate of the Registrar;

(

e) two directors appointed by the Lieutenant Governor in Council who are not members of a licensing authority and who are not in a position of real or perceived conflict of interest; and

(

f) two non-voting directors from the Ministry of Health and Long-Term Care appointed by the Lieutenant Governor in Council.

Where director must be a member

(2) If a registrar or designate who holds office pursuant to clause (1) (b), (

c) or (

d) is not a member of the licensing authority with respect to which the registrar or designate holds office, the director appointed for that

licensing authority pursuant to clause (1) (

a) must be a member of that licensing authority.

Term of office

(3) Each director holds office for a term of three years and may be reappointed.

Same

(4) Despite subsection (3),

(

a) the terms of office for the directors appointed pursuant to clause (1) (

a) upon the first appointment of directors to the board shall be, as determined by the Lieutenant Governor in Council,

(

i) two years for two of those directors, and

(ii) three years for one of those directors;

(

b) the terms of office for the directors appointed pursuant to clause (1) (

e) upon the first appointment of directors to the board shall be, as determined by the Lieutenant Governor in Council,

(

i) two years for one of those directors, and

(ii) three years for one of those directors;

(

c) if a director appointed pursuant to clause (1) (b), (

c) or (

d) or 7 (

b) is a registrar, the director holds office until such time as the director ceases to be a registrar or appoints a designate to hold the office; and

(

d) if a director appointed pursuant to clause (1) (b), (

c) or (

d) or 7 (

b) is a designate of a registrar, the director holds office for the term specified by the registrar that appointed the designate or until such time as the registrar ceases

to be a registrar.

Same

(5) Despite subsections (3) and (4), directors continue to hold office until their successors are appointed.

Vacancy

(6) Where a vacancy occurs during a director's term of office, a person shall be appointed in that director's place for the unexpired portion of the term.

Same

(7) A vacancy does not impair the right of the remaining directors to act.

Expansion of number of directors

7. In the event that an additional professional licensing body is designated by the regulations as a licensing authority, the number of directors of the board shall be expanded by the regulations to include,

(

a) one director who is nominated by the governing body of the licensing authority and appointed by the Lieutenant Governor in Council; and

(

b) the registrar of the licensing authority or a designate of the registrar.

Chair and vice-chair

(1) The board shall appoint two of the directors appointed pursuant to clauses 6 (1) (a), (b), (

c) or (

d) or

section 7 to be the chair and the vice-chair of the board.

Terms of office

(2) The chair and the vice-chair hold office for terms not exceeding three years, as determined by the board, and may be reappointed.

Reimbursement of costs

9. A director or a member of a committee or subcommittee of the board shall be reimbursed as prescribed by the regulations for such reasonable expenses actually incurred in carrying out duties as a director or a

member of a committee or a subcommittee of the board.

Board meetings

10. The board shall meet at least twice a year.

Administrator

(1) The Minister shall appoint an administrator.

Duties of administrator

(2) The administrator shall,

(

a) administer the program to assist the board in carrying out its duties under

section 5;

(

b) monitor prescribing practices and dispensing practices respecting the monitored drugs;

(

c) assist the board in evaluating the effectiveness of the program;

(

d) provide information, professional consultation and assistance to licensing authorities about the prescribing and dispensing of monitored drugs as requested by the licensing authorities;

(

e) monitor the use of monitored drugs by residents and, if the administrator is satisfied that the release of such information furthers the objects of the program, report inappropriate use to,

(

i) an appropriate law enforcement agency pursuant to subsection 22 (1),

(ii) an appropriate licensing authority pursuant to subsection 22 (2), or

(iii) a pharmacist or prescriber;

(

f) provide reports to the board respecting the results of the monitoring carried out pursuant to clauses (

b) and (e);

(

g) provide information and professional consultation and assistance to prescribers and pharmacists respecting the prescribing and dispensing of monitored drugs;

(

h) educate prescribers and pharmacists about appropriate prescribing and dispensing of monitored drugs;

(

i) respond to inquiries from the public with respect to the program; and

(

j) report to the board, the Minister and licensing authorities on new and emerging prescribing patterns for monitored drugs in all or part of Ontario and other jurisdictions as those patterns become known to the administrator.

Collection and dissemination of information

(3) The administrator may collect, compile and disseminate information the administrator considers necessary in accordance with this Act for the purpose of,

(

a) monitoring prescribing practices, dispensing practices and the use of monitored drugs; and

(

b) evaluating the effectiveness of the program.

Program manager

(4) The administrator shall appoint a manager of the program and seek input from the board when appointing the manager.

Acts of manager deemed actions of administrator

(5) Any actions of the manager of the program made in respect of this Act are deemed to be the actions of the administrator.

Business plan

12. The administrator shall prepare a business plan for the program in the form prescribed by the Minister for approval by the board and, on a date fixed by the Minister, the board shall submit the business plan to

the Minister.

Financial statements and reports

(1) The board shall, in the form and with the content required by the Minister, provide to the Minister,

(

a) through the administrator, annual financial statements; and

(

b) such other reports as are required by the Minister.

Privacy policies

(2) Subject to the approval of the Minister, the board shall establish policies with respect to privacy and confidentiality regarding information held by the program.

Annual report

(3) The board shall submit to the Minister an annual report on its activities and the Minister shall table the annual report before the Assembly if it is sitting or, if it is not, during the next ensuing sitting.

Same, explanation of addition or removal or drugs

(4) The annual report shall set out the reasons why a drug has been added to or removed from the program.

Board not a Crown agent

(1) The board is not an agent of Her Majesty in right of Ontario.

Same, board employees

(2) A person employed or engaged by the board is not an officer, servant or agent of Her Majesty in right of Ontario.

By-laws

15. The board may make by-laws,

(

a) providing for the management of its affairs;

(

b) providing for the holding of board meetings, quorum requirements and the conduct of meetings;

(

c) fixing the time and place for regular meetings of the board, determining by whom meetings may be called, regulating the conduct of meetings, providing for emergency meetings and respecting the notice required in respect of meetings;

(

d) providing for the appointment of such committees or subcommittees as the board considers necessary;

(

e) respecting the composition, powers and duties of committees or subcommittees and providing for the holding and conduct of meetings of such committees or subcommittees.

Duty to comply: pharmacists and prescribers

16. Pharmacists and prescribers shall comply with this Act and the regula

Document details

Collection	Ontario — Bills
Citation	Bill 108, 38-2
Type	bill
Volume / chapter	p38 s2 bill 108 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	13a8b9c2840f937d048cfd3081182ea2c2de092b

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