Definitions

1   In this Act:

"application committee" means an application committee established for the purposes of this Act under section 19 (1) (t) of the Health Professions Act;

"board" means the board appointed or elected under section 17 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 responsible for carrying out the objects of the Health Professions Act in respect of the health profession of pharmacy;

"criminal record history" means a criminal record history under section 5.1;

"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;

"direct owner" means the owner of a pharmacy, other than an indirect owner;

"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;

"indirect owner", in relation to a pharmacy, means,

(a) in respect of a corporation that is traded publicly, the officers and directors of the corporation, and

(b) in respect of a corporation that is not traded publicly,

(i) the officers, directors and shareholders of the corporation, and

(ii) if a subsidiary corporation, the officers, directors and shareholders of the parent corporation;

"information or billing contravention" has the same meaning as under the Pharmaceutical Services Act;

"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;

"personal health information" means recorded information about an identifiable individual that is related to the individual's health or the provision of health services to the individual;

"personal representative" means a person having authority under the common law or an enactment to make personal and health care decisions in respect of another person;

"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, or in respect of which a direct owner seeks to have a pharmacy licence issued, renewed or reinstated, where drugs or devices may be

(a) stored, or

(b) dispensed or sold to the public;

"pharmacy licence" means a pharmacy licence issued, renewed or reinstated under section 4;

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

"practitioner" means a person

(a) who is authorized to practise medicine, dentistry, podiatry or veterinary medicine, or

(b) who is

(i) in a class of persons prescribed by the minister for the purpose of this definition, and

(ii) authorized under the Health Professions Act to prescribe drugs or devices in the course of providing the services of a designated health profession as defined in section 1 of that Act;

"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 former registrant within the meaning of the Health Professions Act;

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

"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 13 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.

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.

Eligibility for pharmacy licence

3   A direct owner is eligible to hold a pharmacy licence if all of the following apply:

(a) the ownership of the pharmacy complies with section 5 and the bylaws;

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

(c) the manager is a pharmacist, and that pharmacist will have responsibility for the actual management and operation of the pharmacy;

(d) no direct owner, indirect owner or manager is or has been the subject of an order or a conviction for an information or billing contravention;

(e) no direct owner, indirect owner or manager has, within the previous 6 years, been convicted of an offence prescribed under the Pharmaceutical Services Act for the purposes of section 45 (1) (a) (ii) of that Act;

(f) no direct owner, indirect owner or manager has, within the previous 6 years, been convicted of an offence under the Criminal Code (Canada), other than an offence to which paragraph (e) applies;

(g) no direct owner, indirect owner or manager has, within the previous 6 years, had a judgment entered against the direct owner, indirect owner or manager 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 the direct owner's, indirect owner's or manager's 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 the direct owner's, indirect owner's or manager's practice of pharmacy as a result of disciplinary action taken by a body referred to in paragraph (h).

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).

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.

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

 Confidentiality

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

 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.

 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.

 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.

 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.

 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.

 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.

 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.

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.

Inquiry and disciplinary actions

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

(a) a direct owner or an indirect owner as if the direct owner or indirect 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).

(2.1) For the purpose of subsection (1), a reference in sections 32 to 40 of the Health Professions Act to

(a) "under this Act" is deemed to read "under the Pharmacy Operations and Drug Scheduling Act or under this Act", and

(b) "this Act, a regulation or a bylaw" is deemed to read "the Pharmacy Operations and Drug Scheduling Act, this Act, or the regulations or bylaws made under either the Pharmacy Operations and Drug Scheduling Act or this Act".

(3) For the purpose of subsection (1), a pharmacy licence may be suspended or cancelled or other appropriate action taken if

(a) the operation of the pharmacy is not in compliance with

(i) this Act,

(ii) the Health Professions Act,

(iii) the regulations or bylaws made under either this Act or the Health Professions Act, or

(iv) the conditions of the pharmacy licence, or

(b) the direct owner ceases to be eligible, under section 3, to hold a pharmacy licence.

(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 being a direct owner or an indirect owner, or

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

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.

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.

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, or

(b) in the exercise or intended exercise of any power under this Act.

(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.