BILL 39

An Act to Amend the Prescription Drug Payment Act

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

1 Section 2.1 of the Prescription Drug Payment Act, chapter P-15.01 of the Acts of New Brunswick, 1975, is amended

(a)  by repealing subsection (1) and substituting the following:

2.1(1) Subject to subsection (1.1), the Minister may determine a drug, good or service to be an entitled service for the purposes of a programme established under this Act.

(b)  by adding after subsection (1) the following:

2.1(1.1) An interchangeable pharmaceutical product shall not be determined under subsection (1) to be an entitled service unless

(a)  the conditions prescribed by regulation are met, or

(b)   if the conditions prescribed by regulation have been varied by the Minister in accordance with the regulations, those conditions, as varied, are met.

2.1(1.2) The Minister may revoke a determination that a drug, good or service, other than an interchangeable pharmaceutical product, is an entitled service if he or she considers it advisable to do so.

2.1(1.3) The Minister may revoke a determination that an interchangeable pharmaceutical product is an entitled service if

(a)  he or she considers it advisable to do so, or

(b)  the conditions prescribed by regulation or those conditions, as varied by the Minister in accordance with the regulations, have been breached.

(c)  in subsection (2) by striking out “prepare and maintain” and substituting “prepare, maintain and publish”;

(d)  by adding after subsection (3) the following:

2.1(4) A manufacturer shall provide the Minister with any information that the Minister requires for the purposes of determining the unit price of a drug.

2.1(5) The Minister shall prepare, maintain and publish a list which shall specify the unit prices of interchangeable pharmaceutical products as determined under subsection (3).

2.1(6) For greater certainty and notwithstanding subsections (1.1) and (1.3), an interchangeable pharmaceutical product determined by the Minister to be an entitled service that was listed on the New Brunswick Prescription Drug Program Formulary immediately before the commencement of this subsection continues, subject to this Act and the regulations, to be an entitled service until the Minister revokes the determination in accordance with this Act.

2 Section 2.11 of the Act is amended

(a)  in subsection (1)

(i) in the portion preceding paragraph (a) by striking out “pharmaceutical manufacturer” and substituting “manufacturer”;

(ii) by repealing paragraph (a) and substituting the following:

(a)  provide the Minister with the information prescribed by regulation and any other information that the Minister requires, and

(b)  in subsection (4)

(i) in paragraph (a) by striking out “pharmaceutical manufacturer” and substituting “manufacturer”;

(ii) in paragraph (b) by striking out “pharmaceutical manufacturer” and substituting “manufacturer”;

(iii) in paragraph (c) by striking out “pharmaceutical manufacturer” and substituting “manufacturer”.

3 Section 5 of the Act is amended

(a)  in subsection (1)

(i) in paragraph (c) by striking out “or” at the end of the paragraph;

(ii) in paragraph (d) by adding “or” at the end of the paragraph;

(iii) by adding after paragraph (d) the following:

(e)  who, for the purpose of the eventual dispensing of an interchangeable pharmaceutical product as an entitled service under this Act by a participating provider, sells the drug to the participating provider for a price that is higher than its unit price listed by the Minister under subsection 2.1(5);

(b)  in subsection (3) by striking out “paragraph (1)(a), (1)(a.1), (1)(a.2), (1)(b) or (1)(c)” and substituting “paragraph (1)(a), (a.1), (a.2), (b), (c) or (e)”.

4 Section 7 of the Act is amended

(a)  by adding after paragraph (e.2) the following:

(e.3)  prescribing conditions for the purposes of subsection 2.1(1.1) or (1.3), which conditions may vary for different interchangeable pharmaceutical products or classes of interchangeable pharmaceutical products;

(e.4)  respecting exemptions from any condition prescribed under paragraph (e.3);

(e.5)  authorizing the Minister to vary any condition prescribed under paragraph (e.3) in certain circumstances;

(e.6)  respecting the circumstances referred to in paragraph (e.5), including authorizing the Minister to determine if the circumstances exist;

(e.7)  imposing rules, terms, restrictions or conditions respecting price reductions provided to participating providers in relation to interchangeable pharmaceutical products that are entitled services;

(b)  by adding after paragraph (f.2) the following:

(f.3)  prescribing information to be provided to the Minister under subsection 2.11(1);

(c)  in paragraph (m) by striking out “and” at the end of the paragraph;

(d)  by adding after paragraph (m) the following:

(m.1)  defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;

Commencement

5 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.