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2003 Legislative Session: 4th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE COLLIN HANSEN

MINISTER OF HEALTH SERVICES

BILL 54 – 2003

PHARMACISTS, PHARMACY OPERATIONS AND DRUG SCHEDULING AMENDMENT ACT, 2003

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Section 1 of the Pharmacists, Pharmacy Operations and Drug Scheduling

Act, R.S.B.C. 1996, c. 363, is amended by striking out the definition of

"PharmaNet committee" and substituting the following:

"PharmaNet stewardship committee" means the committee appointed under

section 38 and includes a panel of that committee; .

Section 37 (1) is amended

(

a) in paragraph (a.1) by striking out "section 38.1 (1)," and substituting "section 38.1 (1) (a), (

b) or (c)," ,

(

b) by striking out "and" at the end of paragraph (g),

(

c) in paragraph (

h) by striking out "the college." and substituting "the PharmaNet stewardship committee, and" , and

(

d) by adding the following paragraph:

(

i) health policy research for planning and evaluation purposes related to Pharmacare and the delivery of health services.

Section 38 is repealed and the following substituted:

PharmaNet stewardship committee

(1) The minister may appoint a PharmaNet stewardship committee consisting of not more than 7 persons to manage, in accordance with this Act, the bylaws and the rules under subsection (4), disclosure of information from that portion of the PharmaNet database that contains patient record information and general drug information.

(2) The appointments under subsection (1) must include

(

a) one person nominated by the minister,

(

b) one person nominated by the council of the College of Physicians and Surgeons of British Columbia,

(

c) one person nominated by the council of the college,

(

d) one person engaged in health research, and

(

e) one person chosen as representative of the general public.

(3) The minister may designate a chair and one or more vice chairs of the PharmaNet stewardship committee from among the persons appointed to that committee.

(4) Subject to this Act, the PharmaNet stewardship committee may make rules governing the following:

(

a) the calling and conduct of its meetings;

(

b) the establishment of panels of the PharmaNet stewardship committee to conduct the business of that committee;

(

c) the practices and procedures of the panels established under paragraph (b);

(

d) the quorum of the PharmaNet stewardship committee or of the panels established under paragraph (b);

(

e) other matters respecting the conduct of the work of the PharmaNet stewardship committee or of the panels established under paragraph (b), including the fees that may be charged for data to defray the cost to the government to provide the data.

Section 38.1 is amended

(

a) in subsection (1) by adding the following paragraph:

(a.1) the minister, or a person or body designated by the minister; , and

(

b) in subsection (2) (

c) by striking out "a person" and substituting "a person, a body" .

Section 39 (4) to (7) is repealed and the following substituted:

(4) Subject to the rules made under

section 38 (4), the PharmaNet stewardship committee must, on request, disclose relevant patient record information to

(

a) the minister, or a person designated by the minister, for the purpose of

(

i) reviewing the use and prescription of drugs and devices, or

(ii) investigating the abuse, misuse or the inappropriate or fraudulent prescription of drugs or devices, or

(

b) the regulatory body for a practitioner, following notification of the registrar, for the purposes of investigating the abuse, misuse or the inappropriate or fraudulent prescribing of drugs or devices.

(5) Except as provided in the rules made under

section 38 (4) or the bylaws, a pharmacist or the PharmaNet stewardship committee must not disclose patient record information for the purposes of market research.

(6) A person who receives patient record information under this

section must not disclose the information to another person, unless it is to be used for the purpose for which it was originally disclosed.

Section 61 (2) (

p) is repealed and the following substituted:

(

p) procedural requirements for the operation of the board, the inquiry committee and the discipline committee; .

Section 78 (2) is amended by striking out "39 (1), (6) or (7)," and substituting "39 (1), (5) or (6)," .

Consequential Amendment

Freedom of Information and Protection of Privacy Act

Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended

(

a) by striking out the following:

Public Body:

Pharmanet Committee

Head:

Chair , and

(

b) by substituting the following:

Public Body:

Pharmanet stewardship committee

Head:

Chair .

Commencement

9 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

SECTION 1: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, amends

section 1] renames the committee appointed under

section 38 of the Act.

SECTION 2: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, amends

section 37 (1)] removes reference to the College of Pharmacists of British

Columbia and adds a reference to health policy research.

SECTION 3: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, re-enacts

section 38] replaces the PharmaNet committee established by the council of

College of Pharmacists of British Columbia by a PharmaNet stewardship

committee appointed by the minister.

SECTION 4: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, amends

section 38.1] clarifies that the minister, and a person or body designated by the

minister, may have access to PharmaNet data.

SECTION 5: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, amends

section 39] makes amendments to

section 39 of the Act that are consequential

to the other amendments made by this Bill.

SECTION 6: [Pharmacists, Pharmacy Operations and Drug Scheduling Act,

repeals and replaces

section 61 (2) (p)] deletes a reference to the

PharmaNet committee.

SECTION 7: [Pharmacists, Pharmacy Operations and Drug Scheduling Act, amends

section 78 (2)] is consequential to the amendments made by

section 5 of this

Bill.

Freedom of Information and Protection of Privacy Act

SECTION 8: [Freedom of Information and Protection of Privacy Act, amends

Schedule 2]

updates a reference to a public body.

Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada