Newfoundland and Labrador Gazette, Part II — 21 November 2014 (Extraordinary Issue) — Regulations NLR 94/14

NLG 2014-11-21

Newfoundland and Labrador — Gazette

THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, FRIDAY, NOVEMBER 21, 2014 NEWFOUNDLAND AND LABRADOR REGULATION NLR 94/14

Extraordinary Gazette November 21, 2014 3 NEWFOUNDLAND AND LABRADOR REGULATION 94/14 Pharmacy Regulations, 2014 under the Pharmacy Act, 2012 (Filed November 21, 2014) Under the authority of

section 59 of the Pharmacy Act, 2012 the Newfoundland and Labrador Pharmacy Board , with the approval of the Minister of Health and Community Services , makes the following regulations. Dated at St. John’s, November 21, 2014. David Cramm Chair of Newfoundland and Labrador Pharmacy Board Steve Kent Minister of Health and Community Services

Pharmacy Regulations, 2014 94/14 Extraordinary Gazette November 21, 2014 4 REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Registration of pharmacist 4. Registration of pharmacy interns 5. Registration of pharmacy students 6. Registration of pharmacy technicians 7. Continuing education and professional development 8. Registration renewal - pharmacist 9. Registration renewal - pharmacy technician 10. Pharmacy licence renewal 11. Pharmacist in charge 12. Duties of pharmacist in charge 13. Drug schedules 14. Repeal 1. These r egulations may be cited as the Pharmacy Regulations, 2014. 2. In these regulations (a) "Act" means the Pharmacy Act, 2012; and (b) "continuing education unit" means one hour of continuing pharmacy education. 3.

(1) In addition to the requirements in

section 14 of the Act a person applying to be registered as a pharmacist shall provide (

a) a current certificate of conduct satisfactory to the board from the Royal Newfoundland Constabulary, the Royal Canadian Mounted Police or other appropriate policing agency; (

b) photo identification acceptable to the board; and (

c) proof satisfactory to the board that he or she completed the required period of practical training approved by the board.

(2) The practical training period referred to in paragraph (1)(

c) shall be (

a) in addition to any pharmacy practical experience required as part of the applicant’s pharmacy education program;

Short title

Definitions Registration of pharmacist

Pharmacy Regulations, 2014 94/14 Extraordinary Gazette November 21, 2014 5 (

b) completed in accordance with the policies and standards developed by the board relating to practice ex perience requirements; (

c) conducted at a pharmacy or other fac ility approved by the board; and (

d) completed under the preceptorship of a pharmacist approved by the board. 4.

(1) In addition to the requirements in s ection 15 of the Act a person applying to be registered as a pharmacy intern shall provide (

a) a current certificate of conduct satisfactory to the board from the Royal Newfoundland Constabulary, the Royal Canadian Mounted Police or other appropriate policing agency; and (

b) photo identification acceptable to the board.

(2) The registration of a pharmacy intern is valid for the p eriod of time specified in the certificate of registration and is not subject to renewal but may be extended by the board.

(3) A pharmacy intern shall identify himself or he rself as an intern when communicating or working with the public or me mbers of the pharmacy profession.

(4) A pharmacy intern shall only pra ctice pharmacy where he or she is supervised in a manner acceptable to the board by a regi stered pharmacist whose registration is not subject to conditions or restrictions. 5.

(1) In addition to the requirements in

section 16 of the Act a person applying to be registered as a pharmacy student shall provide (

a) a current certificate of conduct satisfactory to the board from the Royal Newfoundland Constabulary, the Royal C anadian Mounted Police or other appropriate policing agency; (

b) photo identification acceptable to the board; and Registration of pharmacy interns Registration of pharmacy students

Pharmacy Regulations, 2014 94/14 Extraordinary Gazette November 21, 2014 6 (

c) proof that he or she has obtained professional liability insurance coverage in a form and amount satisfactory to the board.

(2) A pharmacy student shall identify himself or herself as a student when communicating or working with the public or members o f the pharmacy profession.

(3) A pharmacy student shall only practice pha rmacy where he or she is supervised, in a manner acceptable to the board, by a registered pharmacist whose registration is not subject to conditions or restrictions. 6.

(1) In addition to the requirements in

section 17 of the Act a person applying to be registered as a pharmacy technician shall provide (

a) a current certificate of conduct satisfactory to the board from the Royal Newfoundland Cons tabulary, the Royal Canadian Mounted Police or other appropriate policing agency; (

b) photo identification acceptable to the board; and (

c) proof satisfactory to the board that he or she co mpleted the required period of practical training approved by the board.

(2) The practical training period referre d to in subparagraph (1)(

c) shall be (

a) in addition to any pharmacy technician practice experience required as a part of the applicant’s pharmacy technician education program; (

b) completed in accordanc e with the policies and standards developed by the board relating to practice experience requirements; (

c) conducted at a pharmacy or other facility approved by the board; and (

d) completed under the preceptorship of a pharmacist or pharmacy technician approved by the board. Registration of pharmacy technicians

Pharmacy Regulations, 2014 94/14 Extraordinary Gazette November 21, 2014 7 7. Every p harmacist and pharmacy technician shall participate in professional development as required by the board, including (

a) completing a minimum of 15 continuing education u nits per calendar year of which at least h alf shall be from accredited programs; (

b) submitting a professional development log containing information required by the board; and (

c) maintaining a learning portfolio that contains the information required by the board. 8.

(1) In addition to the requirements in

section 18 of the Act a pharmacist applying to renew his or her registration shall pr ovide proof that he or she (

a) continues to have professional liability insurance coverage in a form and amount satisfactory to the board; (

b) is not suspended or restricted with respect to the practice of pharmacy by a board or equivalent body governing the practice of pharmacy in a jurisdiction outside the province , or where sus pended or restricted provide the details of the suspension or restriction; and (

c) completed the continuing education and professional development required under

section 7.

(2) Notwithstanding subsection (1), the board may renew the registration of a person who was previously registered as a pharmacist in the pro vince but who does not meet the requirements in paragraph 18(

b) of the Act where he or she (

a) meets the requirements in subsection (1) and paragraphs 18(a), (

c) and (

d) of the Act; (

b) completes a period of supervised practice approved by the board; and (

c) successfully rewrites the Newfoundland and Labrador Pharmacy Board Registration Examination for pharmacists during or after the period of supervised practice. Continuing education and professional development Registration renewal - pharmacist

Pharmacy Regulations, 2014 94/14 Extraordinary Gazette November 21, 2014 8

(3) Where a person referred to in subsection (2) has not practiced pharmacy in Canada for 5 years immediately before appl ying for renewal , he or she shall , in addition to the requirements in subsection (2), successfully rewrite

Part II of the Pharmacy Exami ning Board of Canada Qu alifying Examination for pharmacists during or after the period of supervised practice. 9.

(1) In addition to the requirements in

section 18 of the Act a pharmacy technician applying to renew his or her registratio n shall provide proof that he or she (

a) continues to have professional liability insurance coverage in a form and amount satisfactory to the board; (

b) is not suspended or restricted by a board or equivalent body governing the practice of pharmacy tec hnicians in a jurisdiction outside the province , or where suspended or restricted provide the details of the suspension or restriction; and (

c) completed the continuing education and professional development as required under

section 7.

(2) Notwithstanding subsection (1), the board may renew the registration of a person who was previously registered as a pharmacy technician in the province but who does not meet the requirements in paragraph 18(

b) of the Act where he or she (

a) meets the requirements in s ubsection (1) and paragraphs 18(a), (

c) and (

d) of the Act; (

b) completes a period of supervised practice approved by the board; and (

c) successfully rewrites the Newfoundland and Labrador Pharmacy Board Registration Examination for pharmacy technicians during or after the period of supervised practice.

(3) Where a person referred to in subsection (2) has not practiced as a pharmacy technician in Canada for 5 years immediately before applying for renewal , he or she shall, in addition to the requirements in subsection (2), successfully rewrite

Part II of the Registration renewal - pharmacy technician

Pharmacy Regulations, 2014 94/14 Extraordinary Gazette November 21, 2014 9 Pharmacy Examining Board of Canada Qualifying Examination for pharmacy technicians during or after the period of supervised practice. 10. The board may renew a pharmacy licence where the pharmacist in charge (

a) submits an application in the form approved by the board and signed by him or her; (

b) submits a declaration stating that he or she will (

i) personally manage, control and supervise the pharmacy, (ii) comply with the Act and these regulations, and (iii) comply with the board's Standards of Pharmacy Operation and the board's Standards of Pharmacy Practice; and (

c) pays the annual licence fees set by the board. 11.

(1) The board may design ate a person as a pharmacist in charge where he or she (

a) applies in a manner and form prescribed by the board; (

b) is registered as a practicing pharmacist in the province and there are no conditions or restrictions on his or her licence; (

c) has pra cticed pharmacy in Canada for at least 12 months immediately before his or her application; and (

d) agrees to practice in the pharmacy for at least one half of the operating hours of the pharmacy.

(2) Notwithstanding subsection (1), where a pharmacist in charge is unable to carry out his or her duties the board may designate a person who meets the requirements in par agraphs (1)(a), (

b) and (

d) as an interim pharmacist in charge for a maximum period of 60 days.

(3) A pharmacist may only be a pharmacist in charge of one pharmacy at a time. Pharmacy licence renewal Pharmacist in charge

Pharmacy Regulations, 2014 94/14 Extraordinary Gazette November 21, 2014 10

(4) Notwithstanding subsection (3 ), a pharmacist may be a pharmacist in charge of more than one pharmacy where (

a) he or she is acting as an interim pharmacist in charge; (

b) one of the pharmacies is a telepharmacy or satellite pharmacy; or (

c) he or she has been given approval by the board. 12. In addition to the responsibilities prescribed in the Act, a pharmacist in charge shall be responsible for the following: (

a) actively directing, controlling or managing the pharmacy; (

b) prohibiting an owner or other person who is not a pharm acist from directing, influencing, controlling or participating in the management or operation of a pharmacy; (

c) practicing in the pharmacy for at least half of the operating hours of the pharmacy; (

d) ensuring that another pharmacist is designated as a pharmacist in charge when he or she is away fr om the pharmacy for more than 45 days; (

e) developing, maintaining and enforcing written p olicies an d procedures for pharmacy staff in accordance with applicable legislation, the board's Standards of Pharmacy Operation and the board's Standards of Pharmacy Practice; (

f) ensuring that pharmacists, pharmacy technicians, interns and students who are employ ed by the pharmacy are registered with the board; (

g) notifying the board when a person registered with the board begins or ceases employment with the pharmacy; (

h) notifying the board of any changes to information inclu ded on the pharmacy licence application; (

i) notifying the board of a contravention of the established policies and procedures; Duties of pharmacist in charge

Pharmacy Regulations, 2014 94/14 Extraordinary Gazette November 21, 2014 11 (

j) ensuring an adequate staffing complement for safe practice; (

k) ensuring that confidentiality is maintained with respect to all pharmacy and patient recor ds in accordance with all applicable legislation and standards of practice; (

l) ensuring correct usage of the operating name of the pharmacy with regard to prescription labels, telephone directory lis tings, int erior and exterior signs or media advertising; (

m) ensuring that the pharmacy is appropriately secured against loss, theft and diversion; (

n) ensuring that the pharmacy has the facilities, space, equipment, resources and systems in place to support the safe and effective provision of pharmacy servi ces, in accordance with the board's Standards of Pharmacy Operation; (

o) cooperating with any person appointed by the board in accordance with the Act; (

p) ensuring compliance with all fe deral and provincial legislation pertaining to pharmacy practi ce a nd licensing including the A ct, these regulations, the bylaws and the board's Standards of Pharmacy Practice; and (

q) when a pharmacy ceases to operate (

i) returning the existing pharmacy licence, (ii) ensuring the transfer of prescription records to another pharmacy; and (iii) ensuring that all signage utilizing the words "pharmacy", "drugstore", "drugs", "pre scriptions" and other words with similar meanings are removed from the premises. 13.

(1) The board may adopt the drug schedul es established u nder the National Association of Pharmacy Regulatory Authorities N ational Drug Schedules System. Drug schedules

Pharmacy Regulations, 2014 94/14 Extraordinary Gazette November 21, 2014 12

(2) Notwithstanding subsection (1), a pharmacist in charge may , where he or she considers it necessary , exercise a higher degree of control ov er a particular drug than what is contemplated in the schedules. 14. The Pharmacy Regulations , Newfoundland and Labrador Regulation 80/98, are repealed. ©Queen's Printer Repeal

13 ST. JOHN'S, FRIDAY, NOVEMBER 21, 2014 Extraordinary Gazette Index Title of Act and Subordinate Legislation CNLR or XNL Gazette made thereunder NL Reg. Amendment Date & Page No. Pharmacy Act, 2012 Pharmacy Regulations, NLR 94/14 R&S Nov 21/14 p. 3 2014 NLR 80/98

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2014-11-21
Type	gazette
Volume / chapter	printer gazette extraordinary issues 2014 nlg141121extra
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	23031f2fdee5e471d1dba2b166eee4acbcaf5d7c

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