1995 Legislative Session: 4th Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 13th day of June,1995
Ian D. Izard, Law Clerk
HONOURABLE PAUL RAMSEY
MINISTER OF HEALTH AND MINISTER
RESPONSIBLE FOR SENIORS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the Pharmacists, Pharmacy Operations and Drug Scheduling Act, S.B.C. 1993, c. 62, is amended by adding the following definitions:
"PharmaNet" means the Provincial computerized pharmacy network and database established under section 36.1;
"PharmaNet committee" means the committee established under section 36.2 and includes a panel of that committee; .
2 The following sections are added:
36.1 (1) The minister may establish a 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 monitoring, by the college, of the practice of pharmacy,
(c) the monitoring, by a practitioner, of drug use by those persons,
(d) claims and payment administration by a federal or Provincial government payment agency or an insurer that reimburses the cost of prescribed drugs, devices or pharmacy services,
(e) a review, by the minister or a person designated by the minister, of the use and prescription of drugs and devices,
(f) an investigation, by the minister or a person designated by the minister, of the abuse, the misuse or the inappropriate or fraudulent prescription of drugs or devices,
(g) an investigation, by the college or a regulatory body for a practitioner, of the abuse, the misuse or the inappropriate or fraudulent prescription of drugs or devices, and
(h) scientific or drug utilization research conducted at a university or hospital or as approved by the college.
(2) Subject to section 36.2 (1), the minister is responsible for managing PharmaNet.
36.2 (1) The council must, by bylaw, establish a committee consisting of not more than 10 persons appointed by the council to manage access, in accordance with this Act and the bylaws, to that portion of the PharmaNet database that contains patient record information and general drug information.
(2) The PharmaNet committee must include
(a) 3 persons nominated by the minister,
(b) one person nominated by the council of the College of Physicians and Surgeons of British Columbia, and
(c) one person nominated by the Dean of the Faculty of Pharmaceutical Sciences at The University of British Columbia.
(3) The council must, by bylaw, specify the procedures for the operation of the PharmaNet committee.
(4) A bylaw made under subsection (3) may provide for the use of panels of the PharmaNet committee members to conduct the business of that committee.
36.3 (1) The college is a local public body for the purposes of the Freedom of Information and Protection of Privacy Act but only with respect to information and records relating to PharmaNet.
(2) This section is repealed on the day section 30 of the Freedom of Information and Protection of Privacy Amendment Act, 1993, S.B.C. 1993, c. 46, comes into force.
3 Section 37 is amended
(a) in subsection (1) by striking out "subsections (2)" and substituting "subsections (2), (2.1)",
(b) by repealing subsection (2) and substituting the following:
(2) Subject to the bylaws, a pharmacist must, on request, disclose patient record information to
(a) the person who is the subject of the record, or
(b) the personal representative of the person named in the record if that person directs in writing that the disclosure be made.
(2.1) Subject to the bylaws, a pharmacist must, on request, 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 reimburses the cost of prescribed drugs, devices or pharmacy services for the purpose of making a payment, or
(d) the college for the purpose of monitoring the practice of pharmacy. ,
(c) in subsection (3) by striking out "the management board of a Provincial computerized pharmacy database must, on request, disclose patient record information" and substituting "the PharmaNet committee must, on request, disclose relevant patient record information",
(d) in subsection (4) by striking out "the management board of a Provincial computerized pharmacy database" and substituting "the PharmaNet committee", and
(e) in subsection (5) by striking out "the management board described in subsection (3)" and substituting "the PharmaNet committee".
4 Section 59 is amended
(a) in subsection (2) (f) by adding "including information and records intended for the purposes of PharmaNet," after "patient records,",
(b) in subsection (2) (p) by striking out "and the discipline committee," and substituting ", the discipline committee and the PharmaNet committee,", and
(c) by adding the following subsection:
(2.1) A bylaw made by the council under subsection (2) (f) 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.
5 This Act comes into force by regulation of the Lieutenant Governor in Council.
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