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“Point in Time” Act Content

PHARMACY OPERATIONS AND DRUG SCHEDULING ACT

[SBC 2003] CHAPTER 77

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
1April 1, 2009
 April 1, 2009
 April 1, 2009
 December 14, 2011
 May 31, 2012
 November 2, 2017
 April 1, 2018
 April 1, 2018
 April 1, 2018
 April 1, 2018
 April 1, 2018
 October 26, 2018
2April 1, 2009
 April 1, 2018
3April 1, 2009
 April 1, 2018
 March 30, 2023
4April 1, 2009
 April 1, 2018
4.1April 1, 2018
5April 1, 2009
 November 28, 2016
 April 1, 2018
 April 1, 2018
5.1April 1, 2018
6April 1, 2009
 April 1, 2018
7April 1, 2009
 April 1, 2018
7.1April 1, 2018
8April 1, 2009
9April 1, 2009
10April 1, 2009
11April 1, 2009
12April 1, 2009
 April 1, 2009
 May 31, 2012
 March 30, 2023
13April 1, 2009
 April 1, 2009
 April 1, 2009
 May 31, 2012
13.1April 1, 2009
 February 1, 2012
 May 31, 2012
14April 1, 2009
 April 1, 2009
 May 31, 2012
15April 1, 2009
 April 1, 2009
 April 1, 2009
 April 1, 2009
 May 31, 2012
16April 1, 2009
 April 1, 2009
 April 1, 2009
 April 1, 2009
 April 1, 2009
 May 31, 2012
16.1April 1, 2009
 May 31, 2012
17 and 18April 1, 2009
19April 1, 2009
20April 1, 2009
 April 1, 2018
 April 1, 2018
 April 1, 2018
21April 1, 2009
 April 1, 2009
 May 31, 2012
 May 31, 2012
 April 1, 2018
 April 1, 2018
 April 1, 2018
 April 1, 2018
 April 1, 2018
 April 1, 2018
22April 1, 2009
 December 6, 2010
23 to 28April 1, 2009
26September 15, 2010
 October 26, 2018
29April 1, 2009
 April 1, 2009
 April 1, 2009
 April 1, 2009
 May 31, 2012
 May 31, 2012
 May 31, 2012
30 to 32April 1, 2009
33April 1, 2009
34April 1, 2009
34.1April 1, 2009
 April 1, 2018

  Section 1 was enacted by 2003-77-1, effective April 1, 2009 (BC Reg 419/2008).

Note: 2003-77-1 above, was amended by 2006-23-24 as it amends the definition of "college", effective May 18, 2006 (Royal Assent).

Note: 2003-77-1 above, was amended by 2008-29-84 as it amends the definition of "practitioner", effective May 29, 2008 (Royal Assent)..

  Section 1 definition of "PharmaNet" BEFORE amended by 2007-19-29(a), effective April 1, 2009 (BC Reg 419/2008).

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

  Section 1 definitions of "personal health information" and "personal representative" were added by 2007-19-29(b), effective April 1, 2009 (BC Reg 419/2008).

Note: 2007-19-29(b) above, was re-enacted by 2008-38-37, effective May 29, 2008 (Royal Assent).

  Section 1 paragraph (b) of the definition of "drug" BEFORE amended by 236/2011, effective December 14, 2011.

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

  Section 1 definitions of "pharmacare", "PharmaNet", "PharmaNet stewardship committee" and "rules" BEFORE repealed by 2012-22-101, effective May 31, 2012 (Royal Assent).

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

"PharmaNet" means the Provincial computerized pharmacy networks and associated databases continued under section 13;

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

"rules" means rules made under section 14;

  Section 1 definitions of "board", "college" and "registrant" BEFORE amended by 2017-15-18, effective November 2, 2017 (Royal Assent).

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

"college" means the college continued under section 15.1 (4) of the Health Professions Act for the health profession of the practice of pharmacy;

"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;

  Section 1 definitions of "application committee", "criminal record history" and "direct owner" were added by 2016-12-1(a), effective April 1, 2018 (BC Reg 234/2017).

  Section 1 definition of "director" BEFORE repealed by 2016-12-1(b), effective April 1, 2018 (BC Reg 234/2017).

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

  Section 1 definitions of "indirect owner" and "information or billing contravention" were added by 2016-12-1(c), effective April 1, 2018 (BC Reg 234/2017).

  Section 1 definition of "owner" BEFORE repealed by 2016-12-1(d), effective April 1, 2018 (BC Reg 234/2017).

"owner" means the owner of a pharmacy;

  Section 1 definitions of "pharmacy" and "pharmacy licence" BEFORE amended by 2016-12-1(e) and (f), effective April 1, 2018 (BC Reg 234/2017).

"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;

  Section 1 definition of "veterinary drug" BEFORE amended by RS2018-2-RevSch, effective October 26, 2018 (BC Reg 227/2018).

"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;

  Section 2 was enacted by 2007-77-2, effective April 1, 2009 (BC Reg 419/2008).

  Section 2 BEFORE re-enacted by 2016-12-2, effective April 1, 2018 (BC Reg 234/2017).

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.

  Section 3 was enacted by 2007-77-3, effective April 1, 2009 (BC Reg 419/2008).

  Section 3 BEFORE re-enacted by 2016-12-2, effective April 1, 2018 (BC Reg 234/2017).

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.

  Section 3 (b) and (g) to (i) BEFORE amended by 2023-10-850, effective March 30, 2023 (Royal Assent).

(b) no direct owner, indirect owner or manager is subject to a limitation imposed by the discipline committee that precludes him or her from being a direct owner, an indirect owner or a manager;

(g) no direct owner, indirect owner or manager has, within the previous 6 years, had a judgment entered against him or her in a court proceeding related to commercial or business activities that occurred in relation to the provision of

(i) drugs or devices, or

(ii) substances or related services within the meaning of the Pharmaceutical Services Act;

(h) no direct owner, indirect owner or manager has, within the previous 6 years, had his or her registration with one of the following bodies suspended or cancelled:

(i) the College of Pharmacists of British Columbia;

(ii) a body, in another province or in a foreign jurisdiction, that regulates the practice of pharmacy in that other province or foreign jurisdiction;

(i) no direct owner, indirect owner or manager has, within the previous 6 years, had limits or conditions imposed on his or her practice of pharmacy as a result of disciplinary action taken by a body referred to in paragraph (h).

  Section 4 was enacted by 2007-77-4, effective April 1, 2009 (BC Reg 419/2008).

  Section 4 BEFORE re-enacted by 2016-12-2, effective April 1, 2018 (BC Reg 234/2017).

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).

  Section 4.1 was enacted by 2016-12-2, effective April 1, 2018 (BC Reg 234/2017).

  Section 5 was enacted by 2003-77-5, effective April 1, 2009 (BC Reg 419/2008).

Note: 2003-77-5 above, was amended by 2005-17-25 with the addition of paragraph (g.1), effective March 31, 2005 (BC Reg 201/2005).

  Section 5 (2) (f) BEFORE amended by 2015-18-340, effective November 28, 2016 (BC Reg 216/2015).

(f) a society incorporated under the Society Act,

  Section 5 (1) and (2) (part) BEFORE amended by 2016-12-3(a) and (b), effective April 1, 2018 (BC Reg 234/2017).

(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

  Section 5 (3) BEFORE repealed by 2016-12-3(c), effective April 1, 2018 (BC Reg 234/2017).

(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.

  Section 5.1 was enacted by 2016-12-4, effective April 1, 2018 (BC Reg 234/2017).

  Section 6 was enacted by 2003-77-6, effective April 1, 2009 (BC Reg 419/2008).

  Section 6 BEFORE amended by 2016-12-5, effective April 1, 2018 (BC Reg 234/2017).

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.

  Section 7 was enacted by 2003-77-7, effective April 1, 2009 (BC Reg 419/2008).

  Section 7 BEFORE re-enacted by 2016-12-6, effective April 1, 2018 (BC Reg 234/2017).

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.

  Section 7.1 was enacted by 2016-12-6, effective April 1, 2018 (BC Reg 234/2017).

  Section 8 was enacted by 2003-77-8, effective April 1, 2009 (BC Reg 419/2008).

  Section 9 was enacted by 2003-77-9, effective April 1, 2009 (BC Reg 419/2008).

  Section 10 was enacted by 2003-77-10, effective April 1, 2009 (BC Reg 419/2008).

  Section 11 was enacted by 2003-77-11, effective April 1, 2009 (BC Reg 419/2008).

  Section 12 was enacted by 2003-77-12, effective April 1, 2009 (BC Reg 419/2008).

Note: 2003-77-12 above, was amended by 2007-14-214,Sch, effective December 1, 2007 (BC Reg 354/2007).

  Section 12 BEFORE re-enacted by 2007-19-30, effective April 1, 2009 (BC Reg 419/2008).

Note: 2007-19-30 above, was re-enacted by 2008-38-38, effective May 29, 2008 (Royal Assent).

 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

  Section 12 (1) BEFORE repealed by 2012-22-102, effective May 31, 2012 (Royal Assent).

 Confidentiality

12  (1)  A person must not record personal health information in PharmaNet except in accordance with this Act.

  Section 12 (3) BEFORE amended by 2023-10-851, effective March 30, 2023 (Royal Assent).

(3) Subsection (2) does not apply to a person in respect of his or her own personal health information, or to the person's personal representative when acting in the course of his or her duties.

  Section 13 was enacted by 2003-77-13, effective April 1, 2008 (BC Reg 419/2008).

  Section 13 BEFORE amended by 2007-19-31, effective April 1, 2009 (BC Reg 419/2008).

 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.

  Section 13 (1) (d.1) and (d.2) were added by 2007-19-31(c), effective April 1, 2009 (BC Reg 419/2008).

  Section 13 BEFORE repealed by 2012-22-102, effective May 31, 2012 (Royal Assent).

 Continuation of PharmaNet

13  (1)  The minister may continue the Provincial computerized networks and associated databases, collectively known as PharmaNet, 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), and, for that purpose, facilitating the delivery of health care services through health information banks under section 16.1 and integrated health information systems, tools and procedures,

(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 management, by practitioners, of drug and device use by their patients,

(d.1) the management, by a person or the person's personal representative, of the person's drug and device use,

(d.2) the monitoring, by a person or the person's personal representative, of access to the person's personal health information by other 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.

  Section 13.1 (part) was enacted by 2007-19-32, effective April 1, 2009 (BC Reg 419/2008).

  Section 13.1 (5) was enacted by 2007-19-32, effective February 1, 2012 (BC Reg 240-2011).

  Section 13.1 BEFORE repealed by 2012-22-102, effective May 31, 2012 (Royal Assent).

 Recording information in PharmaNet

13.1  (1)  A pharmacist, other than a hospital pharmacist, who dispenses a drug or device must record in PharmaNet all personal health information and other information relevant to

(a) the drug or device, and

(b) the prescription and dispensing of the drug or device.

(2)  A hospital pharmacist who dispenses or otherwise provides a drug or device in a hospital may record in PharmaNet any personal health information and other information relevant to the drug or device and the dispensing or provision of the drug or device.

(3) to (4)  [Not in force.]

(5)  A practitioner may issue a prescription electronically, but must do so only through PharmaNet.

  Section 14 was enacted by 2003-77-14, effective April 1, 2009 (BC Reg 419/2008).

Note: 2007-77-14 above, was amended by 2006-23-35 as it re-enacts section 14(2)(b), effective May 18, 2006 (Royal Assent).

  Section 14 (1) BEFORE amended by 2007-19-33, effective April 1, 2009 (BC Reg 419/2008).

(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.

  Section 14 BEFORE repealed by 2012-22-102, effective May 31, 2012 (Royal Assent).

 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 personal health 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 College of Physicians and Surgeons of British Columbia.

(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.

  Section 15 was enacted by 2003-77-15, effective April 1, 2009 (BC Reg 419/2008).

  Section 15 (1) BEFORE amended by 2007-19-33, effective April 1, 2009 (BC Reg 419/2008).

(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:

  Section 15 (1) BEFORE amended by 2007-19-34(a), effective April 1, 2009 (BC Reg 419/2008).

(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:

  Section 15 (1) BEFORE amended by 2008-38-43(a), effective April 1, 2009 (BC Reg 419/2008).

(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:

  Section 15 BEFORE repealed by 2012-22-102, effective May 31, 2012 (Royal Assent).

 Access to PharmaNet personal health information

15  (1)  Subject to this Act and the regulations, only the following persons may have access to personal health information on PharmaNet:

(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.

  Section 16 was enacted by 2003-77-16, effective April 1, 2009 (BC Reg 419/2008).

  Section 16 (1) and (3) BEFORE amended by 2007-19-33, effective April 1, 2009 (BC Reg 419/2009).

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

(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.

  Section 16 (2) and (4) BEFORE amended by 2007-19-35(a), effective April 1, 2009 (BC Reg 419/2008).

(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.

(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.

  Section 16 (2.1) was added by 2008-38-44(a), effective April 1, 2009 (BC Reg 419/2008).

  Section 16 (3) BEFORE amended by 2008-38-44(b), effective April 1, 2009 (BC Reg 419/2008).

(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 personal health information for the purpose of market research.

  Section 16 BEFORE repealed by 2012-22-102, effective May 31, 2012 (Royal Assent).

 Disclosure of PharmaNet personal health information

16  (1)  Subject to the rules, the PharmaNet stewardship committee, on request, must disclose relevant personal health 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), information recorded in a PharmaNet database that would be personal health information, except that the information disclosed must not include patient or practitioner names, addresses or other information that could allow a patient or practitioner to be identified or contacted.

(2.1)  Despite subsection (2), the PharmaNet stewardship committee may disclose patient or practitioner names or addresses or other information that could allow a patient or practitioner to be identified or contacted if the commissioner under the Freedom of Information and Protection of Privacy Act approves

(a) the research purpose,

(b) the use of disclosed information for the purpose of contacting a patient or practitioner to participate in the research, and

(c) the manner in which contact is to be made, including the information to be made available to persons contacted.

(3)  Despite other provisions of this Act or section 35 of the Freedom of Information and Protection of Privacy Act,

(a) the PharmaNet stewardship committee, or

(b) a person who may access, under section 15, personal health information on PharmaNet,

must not disclose personal health information or any information related to a practitioner for the purpose of market research.

(4)  A person who receives personal health information under this section must not disclose the information to another person, unless

(a) it is the person's own personal health information,

(b) in the case of a personal representative, the personal representative is acting in the course of his or her duties, or

(c) it is to be used for the purpose for which it was originally disclosed.

  Section 16.1 was enacted by 2007-19-36, effective April 1, 2009 (BC Reg 419/2008).

  Section 16.1 BEFORE repealed by 2012-22-102, effective May 31, 2012 (Royal Assent).

 Information-sharing between PharmaNet and health information banks

16.1  (1)  In this section:

"designation order" means an order made under section 10.2 of the Health Act;

"health information bank" means a database that has been designated or established under a designation order as a health information bank.

(2)  Despite anything in this Act but subject to subsections (4) and (5), if a person is authorized, under a designation order, to collect or have disclosed to him or her personal health information from a health information bank, the minister may permit, by order, the person to record the personal health information in PharmaNet.

(3)  Despite anything in this Act but subject to subsections (4) and (5), if a person is authorized, under a designation order, to collect personal health information for inclusion in a health information bank, the minister may authorize, by order, disclosure to the person of personal health information on PharmaNet.

(4)  Recording or disclosure under subsection (2) or (3) may only be for a purpose, and is subject to any limits or conditions, described in the order permitting the recording or authorizing the disclosure.

(5)  The Lieutenant Governor in Council may prescribe health information banks, by name or by class, to which subsections (2) and (3) do not apply, and the minister must not

(a) permit the recording in PharmaNet of personal health information from a prescribed health information bank, or

(b) disclose personal health information from PharmaNet to a person authorized to collect personal health information for inclusion in a prescribed health information bank.

  Sections 17 and 18 were enacted by 2003-77-17 to 18, effective April 1, 2009 (BC Reg 419/2008).

  Section 19 was enacted by 2003-77-19, effective April 1, 2009 (BC Reg 419/2008).

Note: 2003-77-19 above, was amended by 2007-14-219,Sch, effective December 1, 2007 (BC Reg 354/2007).

  Section 20 was enacted by 2003-77-20, effective April 1, 2009 (BC Reg 419/2008).

  Section 20 (1) (a) BEFORE amended by 2016-12-7(a), effective April 1, 2018 (BC Reg 234/2017).

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

  Section 20 (2.1) was added by 2016-12-7(b), effective April 1, 2018 (BC Reg 234/2017).

  Section 20 (3) and (4) BEFORE amended by 2016-12-7(c), (d) and (e), effective April 1, 2018 (BC Reg 234/2017).

(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.

  Section 21 was enacted by 2003-77-21, effective April 1, 2009 (BC Reg 419/2008).

Note: 2003-77-21 above, was amended by 2006-23-36 as it repealed section 21(1)(h), effective May 18, 2006 (Royal Assent).

Note: 2003-77-21 above, was amended by 2008-29-85 as it re-enacted section 21(4) and added (5) to (9), effective May 29, 2008 (Royal Assent).

  Section 21 (2) BEFORE amended by 2007-19-33, effective April 1, 2009 (BC Reg 419/2008).

(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.

  Section 21 (1) (a) BEFORE amended by 2012-22-103(a), effective May 31, 2012 (Royal Assent).

(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;

  Section 21 (2) BEFORE amended by 2012-22-103(b), effective May 31, 2012 (Royal Assent).

(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 personal health information specified in the bylaws.

  Section 21 (1) (c.1) was added by 2016-12-8(a), effective April 1, 2018 (BC Reg 234/2017).

  Section 21 (1) (d) (ii) BEFORE amended by 2016-12-8(b), effective April 1, 2018 (BC Reg 234/2017).

(ii) the physical requirements for premises,

  Section 21 (1) (d.1) and (d.2) were added by 2016-12-8(a), effective April 1, 2018 (BC Reg 234/2017).

  Section 21 (1) (g) BEFORE amended by 2016-12-8(c), effective April 1, 2018 (BC Reg 234/2017).

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

  Section 21 (1.1) was added by 2016-12-8(d), effective April 1, 2018 (BC Reg 234/2017).

  Section 21 (9) (a) BEFORE amended by 2016-12-8(e), effective April 1, 2018 (BC Reg 234/2017).

(a) maintain a complete and accurate record of the bylaws that are in effect under subsection (1) and provide a copy of those bylaws to each registrant and manager,

  Section 22 was enacted by 2003-77-22, effective April 1, 2009 (BC Reg 419/2008).

Note: 2003-77-22 above, was amended by 2008-29-86 as it re-enacted section 21(2) and added (2.1) to (2.4), effective May 29, 2008 (Royal Assent).

  Section 22 (2.4) BEFORE amended by BC Reg 357/2010 under RS1996-440-12, effective December 6, 2010 (BC Reg 357/2010).

(2.4)  A regulation or a portion of a regulation that is disallowed by the minister under subsection (2.2) must not be deposited with the registrar under the Regulations Act.

  Sections 23 to 28 were enacted by 2003-77-23 to 28, effective April 1, 2009 (BC Reg 419/2008).

  Sections 26 (b) (iv) BEFORE amended by 2010-15-97, effective September 15, 2010 (BC Reg 205/2010).

(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.

  Section 26 (b) (iv) BEFORE amended by RS2018-2-RevSch, effective October 26, 2018 (BC Reg 227/2018).

(iv) a veterinary drug to an individual who is authorized under the Veterinarians Act to practise veterinary medicine or to a person licensed under section 67 of the Veterinary Drugs Act to manufacture or sell the veterinary drug.

  Section 29 was enacted by 2003-77-29, effective April 1, 2009 (BC Reg 419/2008).

  Section 29 (2) BEFORE amended by 2008-38-46(a), effective April 1, 2009 (BC Reg 419/2008).

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

  Section 29 (3) BEFORE amended by 2008-38-46(b), effective April 1, 2009 (BC Reg 419/2008).

(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.

  Section 29 (6) and (7) were added by 2008-38-46(c), effective April 1, 2009 (BC Reg 419/2008).

  Section 29 (2) BEFORE amended by 2012-22-104(a), effective May 31, 2012 (Royal Assent).

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

  Section 29 (3) BEFORE amended by 2012-22-104(b), effective May 31, 2012 (Royal Assent).

(3)  If a person contravenes this Act, other than section 16 (3), 16.4 or 16.5, 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.

  Section 29 (6) BEFORE repealed by 2012-22-104(c), effective May 31, 2012 (Royal Assent).

(6)  A person who contravenes section 16 (3), 16.4 or 16.5 commits an offence and is liable to a fine of up to $200 000.

  Sections 30 to 32 were enacted by 2003-77-30 to 32, effective April 1, 2009 (BC Reg 419/2008).

  Section 33 was enacted by 2003-77-33, effective April 1, 2009 (BC Reg 419/2008).

Note: 2003-77-33 above, was amended by 2007-14-172 as it amended section 33(1)(a) and (b), effective December 1, 2007 (BC Reg 354/2007).

  Section 34 was enacted by 2003-77-34, effective April 1, 2009 (BC Reg 419/2008).

Note: 2003-77-34 above, was amended by 2008-28-154 as it repealed section 34(a) and amended section 34(e), effective March 31, 2009 (BC Reg 49/2009).

  Section 34.1 was enacted by 2007-77-34.1, effective April 1, 2009 (BC Reg 419/2008).

Note: 2007-77-34.1 above, was enacted by 2008-29-87, effective May 29, 2008 (Royal Assent).

  Section 34.1 (c) and (d) were added by 2016-12-9, effective April 1, 2018 (BC Reg 234/2017).