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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 SINDI HAWKINS

MINISTER OF HEALTH PLANNING

BILL 81 – 2003

HEALTH PROFESSIONS AMENDMENT ACT (No. 2), 2003

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

1 The Health Professions Act, R.S.B.C.

1996, c. 183, is amended by adding the following Part:

Part 2.2 – Pharmacists

Definitions for

Part

25.8 In this Part:

"college" means the college established under

section 15 for the health profession of the practice of pharmacy;

"device" has the same meaning as in

section 1 of

the Pharmacy Operations and Drug Scheduling Act ;

"dispense" has the same meaning as in

section 1

of the Pharmacy Operations and Drug Scheduling Act ;

"drug" has the same meaning as in

section 1 of

the Pharmacy Operations and Drug Scheduling Act ;

"hospital" has the same meaning as in

section 1

of the Pharmacy Operations and Drug Scheduling Act ;

"interchangeable drug" means a drug that contains the same amount of the same active ingredients, possesses comparable pharmacokinetic properties, has the same clinically significant formulation characteristics and is to be administered in the same way as the drug prescribed;

"pharmacist" means a person who is currently registered under

section 20 as a member of the college;

"pharmacy" has the same meaning as in

section 1

of the Pharmacy Operations and Drug Scheduling Act ;

"practice of pharmacy" means the services described in

section 12 (2) (

c) to (

g) that may be performed by a pharmacist;

"practitioner" has the same meaning as in

section

1 of the Pharmacy Operations and Drug Scheduling Act ;

"prescription" has the same meaning as in

section

1 of the Pharmacy Operations and Drug Scheduling Act ;

"sale" or "sell" has the same meaning as

section 1 of the Pharmacy Operations and Drug Scheduling Act ;

"support person" has the same meaning as in

section

1 of the Pharmacy Operations and Drug Scheduling Act ;

"therapeutic interchange program" has the same

meaning as in

section 1 of the Pharmacy Operations and Drug Scheduling Act .

Objects of the college

25.9 In addition to the objects set out in

section 16 (2), the college has the following objects:

(

b) to ensure that the public is protected from the unauthorized or inappropriate sale of drugs and devices;

(

c) to superintend the operation of pharmacies;

(

d) to establish, maintain and promote standards for pharmacies, including for the ownership and operation of pharmacies.

Interchangeable drugs

25.91

(1) If a practitioner indicates in a prescription that

(

a) only the drug of a specified manufacturer, or

(

b) no interchangeable drug

is to be dispensed, a pharmacist must not dispense an interchangeable drug.

(2) If a practitioner has not made the indication described in subsection (1), a pharmacist may dispense an interchangeable drug, provided its price to the purchaser does not exceed that of the prescribed drug.

(3) An indication under subsection (1) from a practitioner must be made by the practitioner to a pharmacist either

(

a) orally, or

(

b) in writing

at the time a prescription is issued.

(4) No action for damages or any other proceeding may be brought against a pharmacist solely because an interchangeable drug was dispensed in accordance with this section.

Terms of a prescription

25.92

(1) A pharmacist must not dispense a prescription drug or device in a manner or quantity that is not authorized in the prescription unless the change is permitted by subsection (2) or

section 25.91.

(2) A pharmacist may dispense a drug or device contrary to the terms of a prescription

(

a) if the prescription quantity of the drug or device does not conform to available package sizes,

(

b) if the contrary dispensing is within the specifications established under a therapeutic interchange program approved by the governing body of a hospital or by the board,

(

c) if the contrary dispensing is within the specifications established under a protocol

(

i) intended to optimize the therapeutic outcome of treatment with the prescribed drug or device, and

(ii) approved by the board, or

(

d) if the contrary dispensing is permitted for professional reasons described in the bylaws.

(3) In this section, "bylaws" means

(

a) bylaws as defined in

section 1 of the Pharmacy

Operations and Drug Scheduling Act , or

(

b) bylaws as defined in

section 1 of this Act.

Misrepresentation

25.93

(1) A pharmacist must not knowingly make a misleading or untruthful statement about a drug or device.

(2) A pharmacist must not dispense or sell or permit the dispensing or sale of

(

a) a thing represented to be a drug or device if the thing is not the drug or device represented, or

(

b) a particular drug or device if it is not the particular drug or device represented.

(3) If a pharmacist is alleged to have contravened subsection (2), the onus is on the pharmacist to prove that the thing dispensed or sold was the particular drug or device represented.

(4) This

section does not preclude the dispensing or use of placebos by pharmacists or practitioners in drug research or medical treatment if done in accordance with protocols established in the bylaws.

(5) In this section, "bylaws" means

(

a) bylaws as defined in

section 1 of the Pharmacy

Operations and Drug Scheduling Act , or

(

b) bylaws as defined in

section 1 of this Act.

Disclosure of patient record information

25.94

(1) Subject to subsections (2) and (3) and

section 16 (1) of the Pharmacy Operations and Drug Scheduling Act ,

if the bylaws specify that particular patient record information must not be

disclosed, a pharmacist must not disclose, or allow a support person, a registrant

who is not a pharmacist, or another employee to disclose, the patient record

information to a person other than the person who is the subject of that record.

(2) Subject to the bylaws, a pharmacist, on request, must disclose patient record information to

(

a) the person who is the subject of the record, or

(

b) a person authorized in writing, by the person who is the subject of the record, to receive the information.

(3) Subject to the bylaws, a pharmacist, on request, must disclose relevant patient record information to

(

a) another pharmacist for the purpose of dispensing a drug or device,

(

b) another pharmacist or a practitioner for the purpose of monitoring drug use,

(

c) a federal or Provincial government payment agency or an insurer that makes reimbursement for the cost of prescribed drugs, devices or pharmacy services for the purpose of claims or payment administration, including the performance of audits, or

(

d) the college for the purpose of monitoring the practice of pharmacy.

(4) Despite the Personal Information Protection Act and subject to the bylaws, a pharmacist must not disclose patient record information for the purpose of market research.

(5) In this section, "bylaws" means

(

a) bylaws as defined in

section 1 of the Pharmacy

Operations and Drug Scheduling Act , or

(

b) bylaws as defined in

section 1 of this Act.

Exceptions

25.95 Nothing in this Part prevents

(

a) a practitioner from directly dispensing a drug to the practitioner's patient or to the owner, or an agent of the owner, of an animal for which the drug has been prescribed,

(

b) a person on the Faculty of Pharmaceutical Sciences at the University of British Columbia from providing instruction in the practice of pharmacy,

(

c) a person holding a teaching appointment at a college or Provincial institute designated under the College and Institute Act from providing instruction to a person who will become a support person, or

(

d) a person enrolled in a pharmacy program in the Faculty of Graduate Studies at the University of British Columbia from engaging in clinical training in a pharmacy under the supervision of a member of the Faculty of Pharmaceutical Sciences at the University of British Columbia.

Section 51 (1) is amended by adding the following subsection:

(1.1) A person who contravenes

section 25.94 (1) or (4) commits an offence.

Transitional –

interpretation of bodies, rules, regulations and bylaws

(1) If a health profession for persons registered,

or formerly registered, under the Pharmacists, Pharmacy Operations and Drug

Scheduling Act is designated under

section 12 of the Health Professions

Act ,

section 36 of the

Interpretation Act applies and the

Pharmacists, Pharmacy Operations and Drug Scheduling Act is deemed to

be the "former enactment" and the Health Professions Act is deemed to

be the "new enactment" for the purpose of this application of

section 36 of

the

Interpretation Act .

(2) For the purpose of this section,

section 36 of the

Interpretation Act applies to the following:

(

a) the board established under

section 17 of the new enactment for the health profession as though the board were, for the purpose of the health profession, the council under the former enactment;

(

b) the discipline committee or inquiry committee as defined in

section 1 of the new enactment for the health profession as though that discipline committee or inquiry committee were, for the purpose of the health profession, the discipline committee or inquiry committee under the former enactment;

(

c) bylaws or rules made under the former enactment;

(

d) regulations made under the former enactment;

(

e) a proceeding under the former enactment to investigate or discipline a member or former member of the health profession.

(3) The Lieutenant Governor in Council may make regulations to facilitate the transition from the former enactment to the new enactment.

(4) In subsections (2) and (3):

"former enactment" means the Pharmacists, Pharmacy

Operations and Drug Scheduling Act ;

"new enactment" means the Health Professions

Act .

Transitional – regulations

(1) The Lieutenant Governor in Council may make regulations that the Lieutenant Governor in Council considers necessary or advisable for the purpose of more effectively preparing to designate a health profession under

section 12 of the Health Professions Act for the practice of pharmacy and meeting or removing any transitional difficulties encountered in doing so.

(2) A regulation under subsection (1) may

(

a) suspend, for a period the Lieutenant Governor in Council specifies, the operation of a provision of an enactment, or

(

b) make a provision of

section 3 apply to a health profession and the bodies, bylaws or regulations that govern the health profession.

(3) For the purpose of the application of

section 36

of the

Interpretation Act , the Pharmacists, Pharmacy Operations and

Drug Scheduling Act is deemed to be the "former enactment" and the Health

Professions Act is deemed to be the "new enactment".

(4) Unless earlier repealed, a regulation under this

section is repealed one year after the regulation is made.

(5) Despite subsection (4), this

section and any regulation under this

section that is in force 3 years after this Act comes into force are repealed effective 3 years after this Act comes into force.

Consequential Amendments

Pharmacists, Pharmacy Operations and Drug Scheduling Act

5 Parts 1 and 2 of the Pharmacists, Pharmacy Operations and Drug

Scheduling Act, R.S.B.C. 1996, c. 363, are repealed.

6 Sections 30, 31, 32 and 35 are repealed.

Section 39 (1), (2) and (3) is repealed.

8 Sections 44 to 48 are repealed.

Part 6 is repealed.

Section 61 (1), (2) (

a) to (e), (h), (i), (

p) to (s), (u), (

v) and

(

x) and (6) is repealed.

Section 62 is repealed.

Section 1 of the Supplement to the Pharmacists, Pharmacy Operations

and Drug Scheduling Act is repealed.

Commencement

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

Explanatory Notes

SECTION 1: [Health Professions Act, adds

Part 2.2]

augments

section 16 (2) of the Act by providing for objects that apply uniquely to the health profession of the practice of pharmacy;

provides for the dispensing and proper representation of drugs and devices;

provides for the disclosure of patient record information;

provides that the Part does not limit the capacity of a practitioner to dispense a drug to the practitioner's patient or a specified person from teaching a post-secondary course respecting pharmacy.

SECTION 2: [Health Professions Act, amends

section 51] makes

the contravention of

section 25.94 (1) or (4) of the Act an offence.

SECTION 3: [Transitional –

interpretation] specifies how

section

36 of the

Interpretation Act will apply to preserve the council, committees,

rules, bylaws, regulations and proceedings of the College of Pharmacists of

British Columbia when the Act is made to apply to the college.

SECTION 4: [Transitional – regulations] allows the Lieutenant

Governor in Council to make regulations to remove transitional difficulties

in preparing to bring pharmacists under the Health Professions Act .

Pharmacy, Pharmacy Operations and Drug Scheduling Act

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

repeals Parts 1 and 2] repeals provisions governing the College of Pharmacists

of British Columbia and the registration of members of the college since these

provisions are being replaced by corresponding provisions of the Health Professions

Act as amended by this Bill.

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

repeals sections 30, 31, 32 and 35] repeals provisions governing the

duties of pharmacists since these provisions are being replaced by corresponding

provisions of the Health Professions Act as amended by this Bill.

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

amends

section 39] repeals provisions being replaced by

section 25.94

Part 2.2 of the Health Professions Act as enacted by this Bill.

SECTION 8: [Pharmacists, Pharmacy Operations and Drug Scheduling Act,

repeals sections 44 to 48] repeals provisions governing investigations

since these provisions are being replaced by corresponding provisions of the

Health Professions Act as amended by this Bill.

SECTION 9: [Pharmacists, Pharmacy Operations and Drug Scheduling Act,

repeals

Part 6] repeals provisions governing disciplinary proceedings

since these provisions are being replaced by corresponding provisions of the

Health Professions Act as amended by this Bill.

SECTION 10: [Pharmacists, Pharmacy Operations and Drug Scheduling Act,

amends

section 61] repeals bylaw-making power provisions being replaced

by corresponding provisions of the Pharmacy, Pharmacy Operations and Drug

Scheduling Act , as amended by this Bill.

SECTION 11: [Pharmacists, Pharmacy Operations and Drug Scheduling Act,

repeals

section 62] repeals rule-making power provisions being replaced

by corresponding bylaw-making provisions of the Pharmacy, Pharmacy Operations

and Drug Scheduling, Act , as amended by this Bill.

SECTION 12: [Supplement to the Pharmacists, Pharmacy Operations and Drug

Scheduling Act, repeals

section 1] repeals an amendment to the Pharmacists,

Pharmacy Operations and Drug Scheduling Act that is made redundant by this

Bill.

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