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Volume 59, No. 8

115/2016

The British Columbia Gazette,

Part II

May 17, 2016

B.C. Reg. 115/2016 , deposited May 13, 2016, under the PHARMACEUTICAL SERVICES ACT [sections 61 (1) (

c) and 63 (2) (a), (b), (

c) and (f)]. Order in Council 297/2016,

approved and ordered May 12, 2016.

On the recommendation of the undersigned, the Lieutenant Governor, by and with

the advice and consent of the Executive Council, orders that

(

a) the Information Management Regulation, B.C. Reg. 74/2015, is amended as set

out in the attached Schedule, and

(

b) section 2 of Order in Council 232/2015 is amended by striking out “ Effective June 1, 2016 ” and substituting “ Effective June 1, 2018 ”.

— T. LAKE, Minister of Health ; C. OAKES, Presiding Member of the Executive Council .

Schedule

Section 6 (2) of the Information Management Regulation, B.C. Reg. 74/2015, is

repealed and the following substituted:

(2) A person who is authorized to access PharmaNet under this

section must not

access the claims history or medical history of any individual, except as follows:

(

a) a person having access to PharmaNet under

section 4 [access to PharmaNet generally]

(

i) authorizes the access before the access occurs,

(ii) gives directions respecting the nature and extent of the access, and

(iii) directly supervises the access;

(

b) the person who is authorized to access PharmaNet under this

section complies

with all directions given under paragraph (a) (ii).

(3) Despite subsection (2) (a) (iii), access may be unsupervised if

(

a) attempts to take an action described in subsection (1) (

b) have been unsuccessful,

and

(

b) unsupervised access is necessary to take the action.

(4) A person having access to PharmaNet under this

section must make a record

of the following:

(

a) his or her own name and contact information;

(

b) the name and contact information of

(

i) the person who authorized the access, and

(ii) each person whose name, password, code or other information was used to access

PharmaNet;

(

c) the date and time of each access;

(

d) if unsupervised access was provided, the reasons why this was necessary, including

details of the attempts made to take an action described in subsection (1) (b).

(5) A person having access to PharmaNet under this

section must

(

a) keep the record required under subsection (4) for at least 4 years, and

(

b) produce the record to the minister on request of the minister.

(6) If a person who is authorized to access PharmaNet under

section 4 accesses

PharmaNet for a purpose described in subsection (1) (

b) of this section, all of the

conditions and requirements set out in this

section apply as if the person was not

authorized to access PharmaNet under

section 4.

2 The following

section is added:

Medical staff committees

16.1

(1) In this section:

“authorized person” means a person having access to PharmaNet under

section 4 [access to PharmaNet generally] ;

“medical staff committee” has the same meaning as in

section 41 of the Hospital Act ;

“quality control function” means a function described in

section 41 (1) (

b) of the Hospital Act .

(2) For the purpose of performing a quality control function in relation to the

actions or omissions of a particular authorized person only, a medical staff committee

may use personal information obtained by the committee respecting

(

a) the authorized person, and

(

b) individuals who may have received care, directly or indirectly, from the authorized person.

Section 18 is amended

(

a) in subsections (1) and (2) (

a) by striking out “ May 31, 2016 ” and substituting “ May 31, 2018 ”, and

(

b) in subsections (3) (

d) and (5) by striking out “ June 1, 2018 ” and substituting “ June 1, 2021 ”.

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