BILL 82 – 2003
PHARMACY OPERATIONS AND DRUG SCHEDULING ACT

Contents

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

Definitions

1 In this Act:

"board" means the board established under section 17 (1) of the Health Professions Act for the health profession of the practice of pharmacy;

"bylaw" means a bylaw made under section 21 or 23;

"care centre" means a centre where patients or clients receive care involving drugs or devices;

"college" means the college established under section 15 (1) of the Health Professions Act for the health profession of the practice of pharmacy;

"device" means an article, instrument or apparatus used

(a) to prevent, diagnose, treat or mitigate a disease, disorder or abnormal physical or mental state or a symptom of them,

(b) to restore, correct or modify organic functions,

(c) to diagnose pregnancy, or

(d) to administer a drug,

provided the article, instrument or apparatus meets the criteria listed in the bylaws;

"director" means a director of the corporation that owns the pharmacy;

"discipline committee" means the discipline committee as defined in section 1 of the Health Professions Act for the college;

"dispense" includes the preparation and sale of a drug or device referred to in a prescription and taking steps to ensure the pharmaceutical and therapeutic suitability of a drug or device for its intended use and taking steps to ensure its proper use;

"drug" means a substance or combination of substances used, or for use, in or on the body of a person or animal

(a) to prevent, diagnose, treat or mitigate a disease, disorder or abnormal physical or mental state or a symptom of them, or

(b) to restore, correct or modify organic functions.

"drug schedules" means drug schedules made under section 22;

"facility" means

(a) a community care facility holding a licence under the Community Care and Assisted Living Act that provides residential care to adults,

(b) a registered assisted living residence under the Community Care and Assisted Living Act, or

(c) any other facility that is approved by the minister and meets the criteria set out in the bylaws

in which limited access drugs or devices are distributed;

"hospital" means a hospital designated by the minister under section 1 of the Hospital Act and does not include a hospital owned by the government of British Columbia or Canada;

"inquiry committee" means the inquiry committee as defined in section 1 of the Health Professions Act for the college;

"inspector" means an inspector as defined in section 1 of the Health Professions Act for the college;

"limited access drug" means a drug that must not be sold

(a) without a prescription, or

(b) without the supervision or intervention of a pharmacist in accordance with the drug schedules and bylaws;

"manager" means a pharmacist who is designated in a pharmacy licence as manager of a pharmacy;

"owner" means the owner of a pharmacy;

"pharmacare" means the program of the Ministry of Health Services that defrays, or makes reimbursement for, the cost of prescription drugs of eligible residents;

"pharmacist" means a pharmacist as defined in section 25.8 of the Health Professions Act;

"pharmacy" means the area of a premises licensed under this Act where drugs or devices may be

(a) stored, or

(b) dispensed or sold to the public;

"pharmacy licence" means a pharmacy licence

(a) issued under section 2 or 3, or

(b) reinstated under section 4;

"PharmaNet" means the Provincial computerized pharmacy network and database continued under section 13;

"PharmaNet stewardship committee" means the committee established under section 14;

"practice of pharmacy" means the practice of pharmacy as defined in section 25.8 of the Health Professions Act;

"practitioner" means a person authorized to practise

(a) medicine,

(b) dentistry,

(c) podiatry,

(d) veterinary medicine, or

(e) a profession that is

(i) prescribed by the Lieutenant Governor in Council for the purpose of this definition, and

(ii) a health profession as defined in section 1 of the Health Professions Act in which a practitioner of that profession is authorized to prescribe drugs or devices;

"prescription" means an authorization from a practitioner to dispense a specified drug or device for use by a designated individual or animal;

"registrant" means a pharmacist and, in Part 3, includes a person formerly registered as a member of the college under section 20 of the Health Professions Act;

"registrar" means the registrar as defined in section 1 of the Health Professions Act for the college;

"rules" means rules made under section 14;

"sale" or "sell" includes barter, distribute, supply, offer, expose, advertise or possess for the purpose of selling, whether or not for consideration;

"support person" means a non-pharmacist who, under the direct supervision of a pharmacist, performs technical functions related to the dispensing, distribution or sale of drugs or the operation of a pharmacy;

"therapeutic interchange program" means a program or protocol under which alternate drugs are dispensed in place of prescribed drugs where the alternate drugs have different chemical compositions but essentially the same therapeutic objectives as the prescribed drugs for which they are substituted;

"veterinary drug" means a drug used, or intended or represented to be used, as a drug for the treatment, prevention or diagnosis of a disease of an animal, and includes a drug listed or included by reference in the regulations made under section 71 of the Veterinary Drugs Act;

"wholesaler" means a pharmacist or other person who qualifies under the bylaws to be a wholesaler and sells or offers for sale drugs or devices

(a) to pharmacies, distributors or other wholesalers for resale, or

(b) to hospitals, facilities and care centres for patient use.

 
Part 1 -- Pharmacy Licensing and Operation

Pharmacy licence

2 (1) Subject to subsection (2), the registrar must issue a pharmacy licence to a person who

(a) applies under the bylaws to the registrar for a pharmacy licence,

(b) satisfies the registrar that

(i) the ownership of the pharmacy meets the requirements of the Act and none of the owners or directors is subject to a limitation imposed by the discipline committee that precludes being an owner or director, as the case may be,

(ii) the pharmacy is to be under the actual management of a pharmacist,

(iii) the floor plan of the pharmacy is in accordance with the bylaws,

(iv) the premises where the pharmacy is to be located are suitable for its operation,

(v) the pharmacy is equipped to comply with requirements specified in the bylaws, and

(vi) the name of the pharmacy is suitable, and

(c) pays the fees specified by the bylaws.

(2) Before issuing, renewing or reinstating a licence under this section or section 3 or 4, the registrar may

(a) consult with the board regarding the application, or

(b) refer the matter to the board to issue, renew or reinstate the pharmacy licence under this section or section 3 or 4 in place of the registrar.

(3) The licence must include

(a) the name and address of the pharmacy,

(b) the name of the manager,

(c) the name of the owner, and

(d) if the owner is a corporation or a partnership of corporations, the names of the directors of the corporation or corporations.

(4) The manager must display the licence issued under subsection (1) in a place within the pharmacy where it is conspicuous to the public.

(5) Subject to section 6, the manager must give to the registrar 30 days' written notice of any changes respecting the name or layout of the pharmacy and, on receipt of notification and the fees specified by the bylaws, the registrar must amend the licence accordingly.

(6) A licence under this section is for 12 months and may be renewed under section 3.

Renewal of pharmacy licence

3 (1) The registrar must renew the pharmacy licence if the manager

(a) applies in accordance with the bylaws,

(b) attests that the operation of the pharmacy is in compliance with this Act, the drug schedules and the bylaws,

(c) attests that the name, location and approved floor plan of the pharmacy and the names referred to in section 2 (3) have not been changed since the licence was last issued, amended or renewed or, if changed since the licence was last issued, the licence has been accordingly amended under section 2 (5),

(d) attests that the manager will comply with the responsibilities of a manager set out in the bylaws, and

(e) pays the fee for renewal of a pharmacy licence specified by the bylaws on or before the date it is due.

(2) If the licence is renewed, the registrar must issue a new licence to the manager.

(3) If a manager fails to renew the licence in accordance with this section, the licence becomes invalid on its expiry date.

Reinstatement of pharmacy licence

4 If a pharmacy licence expires under section 3 (3), the registrar must reinstate the licence if

(a) a person complies with section 3 (1) and pays the reinstatement fee specified by the bylaws, and

(b) the pharmacy meets the requirements set out in section 2 (1) (b).

Pharmacy ownership

5 (1) A person authorized by an enactment to prescribe drugs must not, directly or indirectly, own a pharmacy.

(2) A pharmacy must be owned by

(a) a pharmacist or a partnership of pharmacists,

(b) a corporation incorporated under the Company Act or the Business Corporations Act in which the majority of the directors in the corporation are pharmacists,

(c) a partnership of corporations in which each corporation is incorporated under the Company Act or the Business Corporations Act and a majority of the directors in each corporation are pharmacists,

(d) a hospital as defined in the Hospital Act,

(e) an association incorporated under the Cooperative Association Act,

(f) a society incorporated under the Society Act,

(g) a university as defined in the University Act,

(h) the City of Vancouver or a municipality, or

(i) the government.

(3) The owner of a pharmacy, and the directors of a corporation that owns a pharmacy, must comply with the bylaws respecting the duties of an owner.

Change of management or ownership

6 (1) A pharmacy licence is cancelled if

(a) a manager ceases to manage the pharmacy,

(b) the location of the pharmacy changes, or

(c) subject to subsection (2), the ownership of the pharmacy changes.

(2) If the owner of a pharmacy becomes bankrupt or insolvent or makes an assignment for the general benefit of creditors, the trustee in bankruptcy, liquidator or assignee may continue to operate the pharmacy for a period of not more than 6 months following the date of bankruptcy, insolvency or assignment so long as the pharmacy is under the actual management of a pharmacist.

(3) In the case of a sole proprietorship, if the owner of a pharmacy dies, the personal representatives or trustees of the sole proprietor's estate may continue to operate the pharmacy, subject to any terms the board may impose, for a period of not more than 5 years following the date of death so long as the pharmacy is under the actual management of a pharmacist.

Operating without a licence

7 (1) No person may own, operate, manage or serve as a director of a corporation that owns a pharmacy except as authorized by a pharmacy licence issued under section 2 or 3.

(2) No owner, manager or director of a corporation that owns a pharmacy may operate or permit the operation of a pharmacy that is not in compliance with the requirements of section 2 (1) (b).

(3) No person may assume or use in any form, combination or manner the words "apothecary", "pharmacy", "medicines", "drugs", "drug store", "drug department" or any other words of similar meaning that imply licensing under section 2 or 3.

 
Part 2 -- Prohibitions and Duties

Injunctive relief

8 The Supreme Court, on application of the board and on being satisfied that there is reason to believe that there is or will be a contravention of this Act, the drug schedules or the bylaws, may grant an injunction restraining a person from committing the contravention and, pending disposition of the action seeking the injunction, the court may grant an interim injunction.

Sale or disposal of drugs and devices

9 A person must not sell, store or dispose of a drug or device listed or included by reference in the drug schedules in any manner other than that specified in the bylaws and drug schedules.

Presence of drugs or devices on business premises

10 The presence on business premises of a drug or device listed or included by reference in the drug schedules is proof in the absence of evidence to the contrary that it is kept for dispensing or sale.

Manager

11 Subject to this Act and the bylaws, a pharmacist named in a pharmacy licence as manager must personally manage and be responsible for the operation of the pharmacy.

Confidentiality

12 Despite the Personal Information Protection Act, a person who obtains information, files or records under this Act must not disclose them to any other person except

(a) in the administration of this Act,

(b) for the purpose of court proceedings, or

(c) for the purpose of enabling the college, or a person or committee acting for the college, to carry out their powers, duties or functions under this Act or the bylaws.

Continuation of PharmaNet

13 (1) The minister may continue the Provincial computerized pharmacy network and database known as PharmaNet in which the patient record information of all persons to whom prescriptions are dispensed in British Columbia must be recorded for the purpose of facilitating

(a) the practice of pharmacy,

(b) the provision of therapeutic treatment or care of patients by persons designated under section 15 (2) (a) or (c),

(c) the monitoring,

(i) by the college, of the practice of pharmacy, and

(ii) by a regulatory body for a practitioner, of the practice of a health profession regulated by that body,

(d) the monitoring, by a practitioner, of drug use by those persons,

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

(f) a review, by the minister or a person designated by the minister, of the use and prescription of drugs and devices,

(g) an investigation, by the minister or a person designated by the minister, of the abuse, misuse or inappropriate or fraudulent prescription or dispensing of drugs or devices,

(h) an investigation, by the college or a regulatory body for a practitioner, of the abuse, misuse or inappropriate or fraudulent prescription or dispensing of drugs or devices,

(i) scientific, health service delivery or drug use research conducted at a university or hospital, or as approved by the PharmaNet stewardship committee, and

(j) health policy research, planning or evaluation related to drug use, pharmacare or health service delivery.

(2) Subject to section 14 (1), the minister is responsible for managing PharmaNet.

PharmaNet stewardship committee

14 (1) The minister must appoint a PharmaNet stewardship committee, consisting of not more than 7 persons, to manage, subject to this Act and the rules, all disclosure of information from that portion of the PharmaNet database that contains patient record information and general drug information.

(2) The committee appointed under subsection (1) must include

(a) one person nominated by the minister,

(b) one person nominated by the board of the college established under section 15 (1) of the Health Professions Act for the health profession of the practice of medicine,

(c) one person nominated by the board of the college as defined in section 1,

(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 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 by the government for data to defray the cost to the government to provide the data.

(5) Members of the PharmaNet stewardship committee may be paid

(a) remuneration set by the minister, and

(b) reasonable and necessary travel and out of pocket expenses incurred in carrying out the work of the PharmaNet stewardship committee.

Access to PharmaNet patient record information

15 (1) Subject to this Act and any applicable regulation under subsection (2) (h), only the following persons may have access to patient record information on the PharmaNet system:

(a) pharmacists;

(b) the college;

(c) medical practitioners designated under subsection (2) (a);

(d) regulatory bodies for practitioners designated under subsection (2) (b);

(e) other persons designated under subsection (2) (c) to (g).

(2) In relation to access referred to in subsection (1), the Lieutenant Governor in Council may make regulations

(a) designating medical practitioners by name or by class as being permitted to have access for a purpose described in section 13 (1) (b) or (d),

(b) designating regulatory bodies for practitioners by name or by class as being permitted to have access for the purpose described in section 13 (1) (c) (ii),

(c) designating persons by name or by class as being permitted to have access for a purpose described in section 13 (1) (b),

(d) designating persons by name or by class as being permitted to have access for a purpose described in section 13 (1) (e),

(e) designating persons by name or by class as being permitted to have access for a purpose described in section 13 (1) (j), in a manner that does not disclose patient or practitioner names, addresses or other information that could allow a patient or practitioner to be identified or contacted,

(f) designating persons by name or by class as being permitted to have access only for the purpose of the linking of records for a purpose described in section 13 (1) (a) to (j) and subsequent removal or destruction of individual identifiers,

(g) designating persons by name or by class as being permitted to have access only to the extent necessary for

(i) installation, testing, maintenance or repair of the PharmaNet system hardware or software,

(ii) PharmaNet system technical or user support,

(iii) PharmaNet system quality assurance, security risk management, including emergency or business continuity planning, or

(iv) other technical purposes related to ensuring the security, integrity and effectiveness of the PharmaNet system, or

(h) establishing requirements, restrictions and conditions relating to access by a person or a class of persons.

(3) A person designated under subsection (2) (f) must remove or destroy individual identifiers as soon as is reasonable after obtaining access to the individual identifiers as described in subsection (2) (f).

(4) If a regulation under subsection (2) (c) to (g) designates the minister, those persons authorized by name or by class by the minister may have access on behalf of the minister as described in subsection (2) (c) to (g) and subject to any requirements, restrictions and conditions established under subsection (2) (h) respecting the minister.

(5) Access under subsection (1) by a pharmacist is only for the purpose described in section 13 (1) (a), unless a designation of the pharmacist under subsection (2) authorizes access by that pharmacist for another purpose.

(6) Access under subsection (1) by the college is only for the purpose described in section 13 (1) (c) (i), unless a designation of the college under subsection (2) authorizes access by the college for another purpose.

Disclosure of PharmaNet patient record information

16 (1) Subject to the rules, the PharmaNet stewardship committee, on request, must disclose relevant patient record information from the PharmaNet database to

(a) the minister, or a person designated by the minister, for the purposes described in section 13 (1) (f) or (g), or

(b) the college or a regulatory body for a practitioner for the purpose described in section 13 (1) (h).

(2) Subject to the rules, the PharmaNet stewardship committee may disclose to a person, for the purposes described in section 13 (1) (i) or (j), patient record information from the PharmaNet database in a form that does not disclose patient or practitioner names, addresses or other information that could allow a patient or practitioner to be identified or contacted.

(3) Despite other provisions of this Act or section 35 of the Freedom of Information and Protection of Privacy Act, the PharmaNet stewardship committee must not disclose patient record information for the purpose of market research.

(4) 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.

 
Part 3 -- Pharmacy Licence Inspections,
Suspensions and Cancellations

Powers of an inspector

17 (1) In addition to the powers of an inspector under the Health Professions Act, an inspector may at any reasonable time, without a court order, do one or more of the following:

(a) inspect the premises in which, and equipment and materials with which, a registrant practises pharmacy or carries out duties and procedures delegated by a pharmacist;

(b) inspect the inventory of drugs and devices within a pharmacy, hospital, facility or care centre;

(c) inspect the pharmacy records;

(d) inspect the records of a registrant concerning the registrant's practice of pharmacy;

(e) inspect the hospital, facility or care centre records relating to pharmacy services;

(f) inspect the records of a federal or Provincial government payment agency or an insurer that makes reimbursement for the cost of prescribed drugs, devices or pharmacy services;

(g) observe the practice of pharmacy or the carrying out of the delegated duties and procedures in a pharmacy, hospital, facility or care centre, including the carrying out of related duties and procedures by or on behalf of a registrant;

(h) remove from a pharmacy, hospital, facility or care centre a prescription file, drug, drug container, device, patient record or other record for a period of no longer than 3 months for the purpose of copying or photographing it if it is impractical to make the copy or take the photograph at the pharmacy, hospital, facility or care centre;

(i) remove from a pharmacy, hospital, facility or care centre a sample of a drug or other thing for the purpose of analyzing its composition;

(j) remove from a pharmacy, hospital, facility or care centre for consideration by the inquiry committee

(i) drugs or devices the inspector considers unfit for sale, or

(ii) drugs or devices whose expiry date has passed.

(2) If a drug or device has been removed under subsection (1) (j), it may be disposed of as directed by the discipline committee or the inquiry committee unless a court has ordered otherwise.

Inspector's report

18 An inspector must make a written report to the registrar, inquiry committee or discipline committee of an action under section 17 performed at the request of the registrar, inquiry committee or discipline committee.

Obstruction of an inspector

19 A person must not mislead, obstruct, harass or physically or verbally abuse the registrar or an inspector who is lawfully performing duties or exercising powers under this Act, the regulations or the bylaws.

Inquiry and disciplinary actions

20 (1) Sections 32 to 40 of the Health Professions Act apply to

(a) a director or an owner as if the director or owner were a registrant, and

(b) a pharmacy licence as if it were the registration of a registrant.

(2) Sections 29, 30 and 31 (2) of the Health Professions Act apply for the purpose of an investigation, extraordinary action or discipline committee hearing undertaken under subsection (1).

(3) For the purpose of subsection (1), if the operation of the pharmacy is not in compliance with the Act, the drug schedules, the bylaws, the conditions of the pharmacy licence or the requirements under section 2 that must be met for a pharmacy licence to be granted, the pharmacy licence may be suspended or cancelled or other appropriate action taken.

(4) For the purpose of subsection (1), the measures that the discipline committee may take under section 39 of the Health Professions Act include

(a) prohibiting a person from owning, or serving as a director of a corporation that owns, the pharmacy, or

(b) setting limits for a specified period on the activities a person can carry out as an owner or director.

 
Part 4 -- Bylaws and Drug Schedules

Board bylaws

21 (1) The board may make bylaws respecting the following:

(a) the collection, retention, maintenance, correction, protection, use and disclosure of prescription information and patient records including information and records intended for the purpose of PharmaNet;

(b) the provision for information to comply with section 27 (2) of the Freedom of Information and Protection of Privacy Act;

(c) the criteria that characterize devices, facilities, care centres and wholesalers;

(d) the requirements for the licensing and operation of a pharmacy, including, but not limited to,

(i) the use and supervision of support persons, including the ratio of pharmacists to support persons,

(ii) the physical requirements for premises,

(iii) the maintenance and disposal of records, including patient records and records concerning drug inventory, purchases and transfers,

(iv) the equipment and things to be used in the operation of a pharmacy, and

(v) the name, signage and other forms of public identification of the pharmacy;

(e) the requirements for the dispensing, sale, storage or disposal of a drug or device listed or included by reference in the drug schedules;

(f) the requirements for a therapeutic interchange program;

(g) the responsibilities of managers of pharmacies, owners of pharmacies or directors of corporations that own pharmacies;

(h) the standards of pharmacy services provided to patients in a hospital, facility or care centre;

(i) the standards of advertising;

(j) the establishment of a registry for the wholesalers of limited access drugs, including the information that a wholesaler must provide for registration and the manner and form of the registration procedure;

(k) the establishment of a protocol described in section 25.93 (4) of the Health Professions Act.

(2) A bylaw made by the board under subsection (1) (a) may include a requirement that a pharmacist, in relation to every prescription dispensed by that pharmacist, obtain and record on PharmaNet the patient record information specified in the bylaws.

(3) Provisions in a bylaw made under subsection (1) may be different for registrants in different categories or in different specialty practice areas.

(4) A bylaw described in this section does not come into force until approved by the Lieutenant Governor in Council.

Regulations of the board

22 (1) Subject to the Food and Drugs Act (Canada), the board, by regulation, may make drug schedules specifying the terms and conditions of sale for drugs and devices.

(2) A regulation under this section does not come into force until approved by the minister.

(3) A regulation under this section may adopt by reference, in whole or in part and with any changes the board considers necessary, any code, schedule, specification, standard, rule or similar record issued or approved by the government of Canada, by the government of a province or by a body approved by the board for the purpose of this section.

(4) A code, schedule, specification, standard, rule or similar record adopted under subsection (3) may be adopted as amended from time to time.

(5) The college must make available to any person for inspection at the college's offices during normal business hours, and electronically on a website, a current copy of regulations made under this section and codes, schedules, specifications, standards, rules or similar records adopted by reference under this section.

Minister's bylaws

23 (1) The minister may request the board to amend or repeal an existing bylaw or drug schedule or to make a new bylaw or drug schedule if the minister is satisfied that this is necessary or advisable.

(2) If the board does not comply with a request under subsection (1) within 60 days after the date of the request, the minister may amend or repeal the existing bylaw or drug schedule or make the new bylaw or drug schedule in accordance with that request.

(3) A bylaw or drug schedule may not be made, amended or repealed under this section unless notice of the proposed bylaw, drug schedule, amendment or repeal is published

(a) by the minister on a website maintained for purposes of this section, and

(b) for a period that is the lesser of

(i) 90 days, and

(ii) a period less than 90 days specified by the minister

before the bylaw or drug schedule is made, amended or repealed.

(4) Despite subsections (1) to (3), the minister may amend or repeal a drug schedule or make a new drug schedule without notice to the board or prior publication if the minister considers that this is necessary to protect the health or safety of the public.

 
Part 5 -- General

Misrepresentation of drug

24 Subject to section 25.93 (4) of the Health Professions Act, a person must not sell or represent something for sale as a drug or as a particular drug if it is not what it is represented to be.

Recovery of payment

25 A person who sells anything in contravention of this Act, the bylaws, the drug schedules or the regulations is not entitled to recover payment for the sale.

Exceptions

26 Nothing in this Act, the drug schedules, the regulations or the bylaws 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, or

(b) a wholesaler or a manufacturer from selling

(i) a drug that is not a veterinary drug or a limited access drug to a person,

(ii) a limited access drug to a pharmacist in accordance with this Act and the bylaws,

(iii) a limited access drug to a practitioner, another wholesaler or manufacturer or to a government or university for research and testing, or

(iv) a veterinary drug to a veterinarian registered under the Veterinarians Act or to a person licensed under section 67 of the Veterinary Drugs Act to manufacture or sell the veterinary drug.

Sale by wholesalers and manufacturers

27 Wholesalers and manufacturers of limited access drugs must maintain a record of all sales of those drugs and allow an inspector to inspect the record or inventory of those drugs at any time during normal business hours without the requirement of a court order.

Wholesaler registration

28 Wholesalers of limited access drugs must register with the college in the manner specified in the bylaws.

Offences and penalties

29 (1) Section 5 of the Offence Act does not apply to this Act.

(2) A person who contravenes section 5 (1), 7, 9, 12, 16 (3) or (4), 19 or 24 commits an offence.

(3) If a person contravenes this Act, the drug schedules, the regulations or the bylaws in the course of employment, the employer or manager of the person is deemed to have contravened the same enactment.

(4) If a corporation commits an offence under this Act, an officer, a director, an employee or an agent of the corporation who directed, authorized, assented to, acquiesced or participated in the commission of the offence is deemed to have contravened the same enactment.

(5) In any prosecution under this Act, it is sufficient to prove that the accused has done or committed a single act of unauthorized practice or has committed on one occasion any of the acts prohibited by this Act.

Onus on pharmacist to prove registration

30 (1) If the matter is in issue in a prosecution under section 29, the onus is on a defendant to prove that the defendant is a pharmacist or is the pharmacist named in the pharmacy licence.

(2) The production of proof of registration or a pharmacy licence purporting to be issued under this Act is proof of its authenticity in the absence of evidence to the contrary.

Onus on defendant

31 If evidence is introduced in a prosecution under this Act that a sign, title, advertisement or word has been published or used contrary to this Act, the regulations or the bylaws, the onus is on a defendant to prove that it was not published or used by the defendant.

Certificate of analysis

32 (1) A certificate of an analysis from an analyst appointed under the Food and Drugs Act (Canada) stating that the analyst has analyzed or examined a substance and stating the result of this analysis or examination is admissible in evidence in a proceeding under this Act, and is evidence of the statements contained in the certificate.

(2) The person against whom a certificate is admitted may require, with leave of the court or chair of the proceeding, the attendance of the analyst for purposes of cross examination.

(3) Reasonable notice of an intention to introduce a certificate in evidence must be given to the person against whom it is to be used, along with a copy of the certificate.

Protection against lawsuits

33 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against an employee or officer of the college, or any other individual acting on behalf of the college or under the direction of the board, because of anything done or omitted

(a) in the performance or intended performance of any duty under this Act, the drug schedules or the bylaws, or

(b) in the exercise or intended exercise of any power under this Act, the drug schedules or the bylaws.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted in bad faith.

(3) Subsection (1) does not absolve the college from vicarious liability arising out of anything done or omitted by a person referred to in that subsection for which the college would be vicariously liable if this section were not in force.

Exemption

34 The Lieutenant Governor in Council, by order, may exempt one or more of the following from any or all of the provisions of this Act or the bylaws:

(a) a health unit established under the Health Act;

(b) a Provincial mental health facility under the Mental Health Act;

(c) a community care facility holding

(i) a licence or interim permit under the Community Care Facility Act, or

(ii) a licence under the Community Care and Assisted Living Act;

(d) a registered assisted living residence under the Community Care and Assisted Living Act;

(e) a place from which drugs are distributed under the Venereal Disease Act.

 
Consequential Amendments

 
Community Care and Assisted Living Act

35 Sections 56 and 57 of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, are repealed.

Dentists Act

36 Section 67 (2) (b) of the Dentists Act, R.S.B.C. 1996, c. 94, is repealed and the following substituted:

(b) the practice of pharmacy as defined in section 25.8 of the Health Professions Act; .

 
Evidence Act

37 Section 51 of the Evidence Act, R.S.B.C. 1996, c. 124, is amended in the definition of "health care professional" by adding "or" at the end of paragraph (e) and by repealing paragraph (f).

 
Freedom of Information and Protection of Privacy Act

38 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:

(b) by substituting the following:

 
Liquor Control and Licensing Act

39 Section 1 of the Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, is amended by adding the following definition:

"pharmacist" has the same meaning as in section 25.8 of the Health Professions Act; .

40 Section 60 (1) is amended by adding "or" at the end of paragraph (a) and by repealing paragraph (b).

41 Section 62 (2) is amended by striking out "Pharmacists, Pharmacy Operations and Drug Scheduling Act" and substituting "Pharmacy Operations and Drug Scheduling Act" .

 
Liquor Distribution Act

42 Section 3 (b) of the Liquor Distribution Act, R.S.B.C. 1996, c. 228, is repealed.

 
Medical Practitioners Act

43 Section 1 of the Medical Practitioners Act, R.S.B.C. 1996, c. 285, is amended by adding the following definitions:

"pharmacist" has the same meaning as in section 25.8 of the Health Professions Act;

"pharmacy" has the same meaning as in section 1 of the Pharmacy Operations and Drug Scheduling Act; .

44 Section 82 (f) is repealed.

45 Section 85 (2) is amended by striking out "licensed" .

46 Section 89 (a) is amended by striking out "druggist," and substituting "pharmacist," .

 
Pharmacists, Pharmacy Operations and Drug Scheduling Act

47 The title of the Pharmacists, Pharmacy Operations and Drug Scheduling Act, R.S.B.C. 1996, c. 363, is repealed and the following substituted:

 
VETERINARY DRUGS ACT .

48 Section 1 is repealed.

49 Part 3 is repealed.

50 Sections 28, 29, 33, 34, 36 to 38.1 and 39 (4) to (7) are repealed.

51 Sections 40 to 43 are repealed.

52 Section 61 (2) (f), (g), (j) to (o), (t) and (w) and (3) to (5) is repealed.

53 Sections 63 and 64 are repealed.

54 Section 65 is amended by adding the following definitions:

"drug" means a drug as defined in section 1 of the Pharmacy Operations and Drug Scheduling Act;

"drug schedules" means drug schedules made under section 71 (2) (h);

"pharmacist" means a pharmacist as defined in section 25.8 of the Health Professions Act; .

55 Section 71 (2) (k) is repealed and the following substituted:

(k) establishing an advisory committee on veterinary drugs and specifying its duties.

56 The following section is added at the beginning of Part 9:

Definitions

71.1 In this Part:

"drug" means a drug as defined in section 1 of the Pharmacy Operations and Drug Scheduling Act;

"drug schedules" means drug schedules made under section 71 (2) (h);

"pharmacist" means a pharmacist as defined in section 25.8 of the Health Professions Act;

"regulation" means a regulation made under section 71;

"wholesaler" means a wholesaler as defined in section 1 of the Pharmacy Operations and Drug Scheduling Act.

57 Section 74 is repealed and the following substituted:

Recovery of payment

74 A person who sells anything in contravention of this Act, the drug schedules or the regulations is not entitled to recover payment for the sale.

58 Section 75 is repealed and the following substituted:

Exceptions

75 Nothing in this Act, the drug schedules or the regulations prevents

(a) a veterinarian registered under the Veterinarians Act or a pharmacist from directly dispensing a drug to the owner, or an agent of the owner, of an animal for which the drug has been prescribed, or

(b) a wholesaler or a manufacturer from selling a veterinary drug to a person licensed under section 67 to manufacture or sell the veterinary drug.

59 Sections 76 and 77 are repealed.

60 Section 78 is amended

(a) by repealing subsection (2) and substituting the following:

(2) A person who contravenes section 66, 72 or 73 commits an offence. , and

(b) in subsection (3) by striking out "schedules, the regulations or the bylaws" and substituting "schedules or the regulations".

61 Section 79 is repealed.

62 Section 80 is amended by striking out "Act, the regulations or the bylaws," and substituting "Act or the regulations,".

63 Section 81 is repealed.

64 Section 83 is repealed.

65 Sections 2, 3 and 4 of the Supplement to the Pharmacists, Pharmacy Operations and Drug Scheduling Act are repealed.

 
Veterinarians Act

66 Section 1 of the Veterinarians Act, R.S.B.C. 1996, c. 476, is amended in the definition of "drug" by striking out "Pharmacists, Pharmacy Operations and Drug Scheduling Act;" and substituting "Pharmacy Operations and Drug Scheduling Act;".

Commencement

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