BILL 60

 

An Act to Amend the Pharmacy Act

 

WHEREAS the New Brunswick Pharmaceutical Society prays that it be enacted as hereinafter set forth;

 

THEREFORE Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

 

1                   Section 2 of the Pharmacy Act, chapter 100 of the Acts of New Brunswick, 1983, is amended

 

(a)           by adding the following definition in alphabetical order:

 

"Minister" means the Minister of Health and includes any person designated by the Minister to act on the Minister's behalf;

 

(b)           in the definition "prescriber" by adding ", pharmacist, midwife" after "optometrist".

 

2                   Section 4 of the Act is amended

 

(a)           in the French version, by striking out the period at the end of paragraph g) and substituting a semicolon;

 

(b)           by adding after paragraph (g) the following:

 

(h)          to regulate the circumstances under which a licensed pharmacist may prescribe drugs, devices and treatments;

 

(i)           to require members to participate in programs Council deems necessary for the health and safety of the public;

 

(j)            to establish conditions and requirements governing sale of drugs, devices and treatments;

 

(k)          to establish regulations for practice agreements with other health professions;

 

3                   The Act is amended by adding after section 5 the following:

 

PRACTICE OF PHARMACY

5.1(1)           The practice of pharmacy promotes health, the prevention and treatment of diseases, dysfunction and disorders through proper drug therapy and non-drug therapy, including, but not limited to, the following actions:

 

(a)          assist and advise clients, and other health care providers by contributing unique drug and non-drug therapy knowledge on drug and non-drug selection and use;

 

(b)          monitor responses and outcomes to drug therapy;

 

(c)           compound, prepare, dispense and administer drugs;

 

(d)          provide non-prescription drugs, blood products, parenteral nutrition, health care aids and devices;

 

(e)           supervise and manage drug distribution systems to maintain public safety and drug system security;

 

(f)            educate clients, and members of the Society in matters described in this section;

 

(g)          conduct or collaborate in drug-related research;

 

(h)          conduct or administer drug and other health-related programs;

 

(i)           advise and support other pharmacists in the provision of pharmacy services;

 

(j)            direct the client to consult with other health care providers when appropriate;

 

(k)          the practices set out in subsection (2), when performed by a member who meets the qualifications and any restrictions or conditions set out in the regulations.

 

5.1(2)           A member who meets the qualifications set out in the regulations may, subject to any restrictions or conditions set out in the regulations, engage in any of the following practices in the course of practicing pharmacy:

 

(a)          prescribe drugs and treatments that are designated in the regulations for the purpose of this section;

 

(b)          administer drugs that are designated in the regulations for the purpose of this section;

 

(c)           interpret client-administered automated tests that are designated in the regulations;

 

(d)          order and receive reports of screening and diagnostic tests that are designated in the regulations.

 

Drug to be dispensed only by prescription

5.1(3)           A member may dispense a drug

 

(a)          only pursuant to a prescription and in accordance with this Act, the standards of practice, the code of ethics, and any relevant practice direction, and

 

(b)          as defined in the regulations.

 

4                   Paragraph 8(1)(b) of the Act is amended by striking out "Minister of Health" and substituting "Minister".

 

5                   Subsection 12(1) of the Act is amended by adding after paragraph (k) the following:

 

(k.1)       respecting the prescribing and administering of drugs by a member, either independently or collaboratively with other practitioners, including

 

(i)       specifying the qualifications and other requirements that a member must have or meet,

 

(ii)      designating drugs that a member may prescribe or administer,

 

(iii)     specifying circumstances in which a member may prescribe or administer a drug, and

 

(iv)     specifying measures to address situations in which a member sells a drug that he or she has authority to prescribe;

 

(k.2)       respecting the interpretation of client-administered automated tests by a member, including

 

(i)       specifying the qualifications and other requirements that a member must have or meet,

 

(ii)      designating client-administered automated tests that a member may interpret, and

 

(iii)     specifying circumstances in which a member may interpret a client-administered automated test;

 

(k.3)       respecting the ordering and receiving of screening and diagnostic tests by a member, including specifying the qualifications and other requirements that a member must have or meet;

 

(k.4)       governing the compounding or dispensing of drugs by practitioners and respecting the conditions under which such compounding or dispensing may be carried out;

 

(k.5)       respecting the supplying of drugs by members;

 

(k.6)       defining activities or circumstances in which a member may delegate tasks to students, interns, pharmacy technicians and other persons;

 

(k.7)       establishing conditions to be imposed on the dispensing or sale of drugs or classes of drugs;

 

6                   The Act is amended by adding after subsection 12(2) the following:

 

12(3)            Regulations relating to matters described in paragraphs (1)(k.1), (k.2), (k.3), (k.4), (k.5), (k.6) and (k.7) shall not be effective or be acted upon until approved by the Minister.

 

7                   Section 39 of the Act is amended

 

(a)           in subsection (3) by striking out "Minister of Health and Community Services" wherever it appears and substituting "Minister";

 

(b)                in subsection (5) by striking out "Minister of Health and Community Services" and substituting "Minister".

 

8                   Subsection 39.1(1) of the Act is amended by striking out "Minister of Health and Community Services" and substituting "Minister".

 

9                   Section 39.2 of the Act is amended

 

(a)           in paragraph (1)(b) by striking out "Minister of Health and Community Services" wherever it appears and substituting "Minister";

 

(b)           in subsection (2) by striking out "Minister of Health and Community Services" and substituting "Minister";

 

(c)           in subsection (3) by striking out "Minister of Health and Community Services" wherever it appears and substituting "Minister";

 

(d)           in subsection (4) by striking out "Minister of Health and Community Services" and substituting "Minister".

 

10                 Section 43.4 of the Act is amended

 

(a)           in subsection (1) by striking out "Minister of Health and Community Services" and substituting "Minister";

 

(b)           in subsection (2) by striking out "Minister of Health and Community Services" and substituting "Minister".

 

11                 This Act comes into force on October 30, 2008.