Second

Session, 50th General Assembly

Charles III, 2023

BILL 32

AN ACT TO AMEND THE

PHARMACEUTICAL SERVICES ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE TOM

OSBORNE

Minister of Health

and Community Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Pharmaceutical Services Act to

amend the definition of

"prescriber" to include pharmacists, midwives and registered nurses;

add a definition of

"dispensing physician";

update the Tamper Resistant

Prescription Drug Pad Program to accommodate exemptions issued under the Controlled Drugs and Substances Act

(Canada);

replace all references to

"Trial Division" with the correct reference "Supreme

Court";

update statutory references;

and

incorporate gender-neutral

language.

A BILL

AN ACT TO AMEND THE PHARMACEUTICAL SERVICES

ACT

Analysis

S.2 Amdt.

Definitions

S.4 Amdt.

Confidentiality

S.9 Amdt.

Protection for actions in good faith

S.10 Amdt.

Review

S.14 Amdt.

Program components

S.16 Amdt.

Participation in program

S.17 Amdt.

Fees and payments

S.20 Amdt.

Advisory committee

S.26 Amdt.

Tamper resistant prescription drug pads

S.27 Amdt.

Utilization review

S.37 Amdt.

Notice

S.41 Amdt.

Appeal from

section 40

S.43 Amdt.

Appeal of audit under

section 38

S.45 Amdt.

Further appeal

S.47 Amdt.

Offence

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL 2006 cP-12.01

as amended

(1) Section 2 of the Pharmaceutical Services Act is amended by adding immediately after

paragraph (

f) the following:

(f.1) "dispensing physician" means a

medical practitioner licensed under the Medical

Act, 2011 who dispenses drugs or drug products in the course of the medical

practitioner's practice;

(2) Paragraph 2(

p) of the Act is repealed and the

following substituted:

(p) "prescriber" means a person who is

entitled to prescribe drugs under the laws of the province and includes

(

i) a medical practitioner licensed under the Medical Act, 2011 ,

(ii) a dentist or dental surgeon licensed under the

Dental Act, 2008 ,

(iii) an optometrist licensed under the Optometry Act, 2012 ,

(iv) a veterinarian licensed under the Veterinary Medical Act, 2004 ,

(

v) a nurse practitioner licensed under the Registered Nurses Act, 2008 ,

(vi) a pharmacist,

(vii) a registered nurse licensed under the Registered Nurses Act, 2008, and

(viii) a midwife registered under the Health Professions Act ; and

2. Subsection 4(1) of the Act is amended by

deleting the words "his or her" and substituting the words "the

person's".

3. Subsection 9(1) of the Act is amended by

deleting the words "his or her".

Section 10 of the Act is amended by deleting

the words "his or her" and substituting the words "the

minister's".

5. (1) Subsection 14(5) of the Act is amended by

deleting the words "he or she" and substituting the words "the

minister".

(2) Subsection 14(8) of the Act is amended by

deleting the words "his or her" and substituting the words "the

minister's".

6. Subsection 16(5) of the Act is amended by

deleting the words "his or her participation" and substituting the

word "participating".

7. Subsection 17(4) of the Act is amended by

deleting the words "his or her" and substituting the word "those".

8. Subsection 20(1) of the Act is amended by

(

a) deleting the word "physicians" and

substituting the words "medical practitioners";

(

b) deleting the words "his or her" and

substituting the words "the deputy minister's"; and

(

c) deleting the words "he or she" and

substituting the words "the minister".

(1) Section 26 of the Act is amended by adding

immediately after subsection (5) the following:

(5.1) Notwithstanding subsection (5), a pharmacist

or dispensing physician may dispense a drug included in the list established

under subsection (2) that is presented by telephone communication where an exemption is issued under subsection 56(1)

of the Controlled Drugs and Substances

Act (Canada) that authorizes a pharmacist or

dispensing physician to dispense that drug by telephone communication.

(2) Section 26 of the Act is amended by adding

immediately after subsection (6) the following:

(6.1) Notwithstanding subsection (6), a pharmacist or

dispensing physician may dispense a drug included in the list established under

subsection (2) where

(

a) the prescription is transferred from another

pharmacist or dispensing physician; and

(

b) an exemption is issued under subsection 56(1)

of the Controlled Drugs and Substances

Act (Canada) that authorizes the transfer of a

prescription for controlled substances.

(6.2) A pharmacist or dispensing physician shall

only dispense a drug under subsections (5.1) or

(6.1) the exemption referred to in subsections (5.1) or (6.1); and

(

b) for the period of time that the exemption is

in effect.

(3) Subsection 26(8) of the Act is repealed and the

following substituted:

(8) Where a prescriber's licence is suspended or

cancelled by the prescriber's supervising professional body, or a prescriber stops

practicing in the province, the prescriber shall return all tamper resistant

prescription drug pads to the minister within 3 days of that suspension,

cancellation or change of practice.

(4) Paragraph 26(10)(

b) of the Act is amended by

deleting the words "his or her" and substituting the words "the

pharmacist's".

10. (1) Subsection 27(1) of the Act is amended by

deleting the words "his or her" and substituting the words "the

beneficiary's".

(2) Subsection 27(2) of the Act is amended by

(

a) deleting the word "persons" and

substituting the word "person's"; and

(

b) deleting the words "his or her" and

substituting the words "the person's".

(3) Subsection 27(3) of the Act is amended by

deleting the word "persons" and substituting the word

"person's".

(4) Subsection 27(7) of the Act is amended by

deleting the words "his or her" and substituting the words "the

minister's".

Section 37 of the Act is amended by

(

a) deleting the words "he or she" and

substituting the words "the beneficiary"; and

(

b) deleting the word "beneficiarys" and

substituting the word "beneficiary's".

12. (1) Subsection 41(1) of the Act is amended by deleting

the words "his or her" wherever they appear and substituting the

words "the person's".

(2) Paragraph 41(3)(

d) of the Act is amended by deleting

the words "his or her" and substituting the words "the

appellant's".

(3) Subsection 41(4) of the Act is amended by

deleting the words "his or her" wherever they appear and substituting

the words "the appellant's".

(4) Subsection 41(7) of the Act is repealed and

the following substituted:

(7) Where

(

a) an appellant has not been granted a

postponement under subsection (5); or

(

b) the appellant, either in person or by counsel

or agent, does not attend the hearing of the appeal after being notified under

this section,

the appeal

board may proceed in the appellant's absence to examine into the matter of the

appeal and to hear the witnesses and adjudicate on the matter.

(5) Subsection 41(9) of the Act is amended by

deleting the words " Public Inquiries

Act " and substituting the words " Public Inquiries Act, 2006 ".

13. (1) Subsection 43(1) of the Act is amended by

deleting the words "his or her" wherever they appear and substituting

the words "the person's".

(2) Paragraph 43(3)(

d) of the Act is amended by

deleting the words "his or her" and substituting the words "the

appellant's".

(3) Subsection 43(4) of the Act is amended by

deleting the words "his or her" wherever they appear and substituting

the words "the appellant's".

(4) Subsection 43(9) of the Act is amended by

deleting the words " Public Inquiries

Act " and substituting the words " Public Inquiries Act, 2006 ".

Section 45 of the Act is amended by deleting

the words "Trial Division" wherever they appear and substituting the

words "Supreme Court".

15. Subsection 47(1) of the Act is repealed and the

following substituted:

Offence

(1) A person shall not, on the person's behalf or on behalf of another person, knowingly

obtain or receive benefits to which that person or the other person is not

entitled to obtain or receive under this Act.

King's Printer