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 in 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:

(a) subject to the Food and Drugs Act (Canada), to establish the terms and conditions of sale for drugs and devices;

(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 to 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.

2 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

3 (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

4 (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.

7 Section 39 (1), (2) and (3) is repealed.

8 Sections 44 to 48 are repealed.

9 Part 6 is repealed.

10 Section 61 (1), (2) (a) to (e), (h), (i), (p) to (s), (u), (v) and (x) and (6) is repealed.

11 Section 62 is repealed.

12 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.