Regulation BEFORE repealed by BC Reg 74/2015, effective June 1, 2015.
| B.C. Reg. 117/2009 O.C. 222/2009 | Deposited March 13, 2009 effective April 2, 2009 |
Pharmacy Operations and Drug Scheduling Act
Access to Pharmanet Regulation
[includes amendments up to B.C. Reg. 169/2010, February 1, 2011]
| Contents | ||
|---|---|---|
| 1 | Definitions | |
| 2 | General access rules | |
| 3 | Medical practitioners | |
| 4 | Other persons | |
| 5 | Regulatory bodies | |
| 6 | The minister | |
Definitions
1 In this regulation:
"Act" means the Pharmacy Operations and Drug Scheduling Act;
"limited personal health information" means, in respect of an individual to whom drugs or devices are dispensed, any personal health information contained within the PharmaNet system except prescription claims information and supporting claims adjudication information.
General access rules
2 (1) For the purpose of section 15 of the Act, the persons designated under this regulation are permitted to have access to personal health information on the PharmaNet system, but only
(a) in accordance with the Act and this regulation,
(b) to the extent that the information is necessary and relevant to the purpose for which access is granted, and
(c) if the purpose and manner of access are consistent with the standards set out in the volumes comprising the Ministry of Health Services' publication, "PharmaNet Professional and Software Compliance Standards", as amended from time to time.
(2) If a limit on, or condition of, access is set out in the publication referred to in subsection (1) (c), a person designated under this regulation as a person who would otherwise be permitted to have access is subject to that limit or condition.
Medical practitioners
3 Medical practitioners are designated as persons who are permitted to have access to limited personal health information for a purpose described in section 13 (1) (b) and (d) of the Act.
Other persons
4 The following persons are designated as persons who are permitted to have access to limited personal health information for a purpose described in section 13 (1) (b) of the Act:
(b) a person who is authorized under the Health Professions Act to practise the designated health profession of nursing, practical nursing or psychiatric nursing;
(i) authorized by a medical practitioner to have access to the PharmaNet system, and
(ii) working under the supervision of the medical practitioner;
Regulatory bodies
5 The following regulatory bodies are designated as bodies that are permitted to have access to limited personal health information for a purpose described in section 13 (1) (c) (ii) of the Act:
(a) College of Podiatric Surgeons of British Columbia;
(b) British Columbia Veterinary Medical Association;
(c) College of Dental Surgeons of British Columbia;
(d) College of Midwives of British Columbia;
(e) College of Naturopathic Physicians of British Columbia;
(f) College of Optometrists of British Columbia;
(g) College of Physicians and Surgeons of British Columbia;
(h) College of Registered Nurses of British Columbia.
[am. B.C. Reg. 169/2010, App. s. 7.]
The minister
6 The minister is designated as a person who is permitted to have access to personal health information
(a) for a purpose described in section 13 (1) (b) or (e) of the Act,
(b) for the purpose of linking records for a purpose described in section 13 (1) (f), (g) or (i) of the Act,
(c) for a purpose described in section 13 (1) (j) of the Act, but only 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, and
(d) for a purpose described in section 15 (2) (g) of the Act.
Note: this regulation replaces B.C. Reg. 537/2004.
[Provisions of the Pharmacy Operations and Drug Scheduling Act, S.B.C. 2003, c. 77, relevant to the enactment of this regulation: sections 1 and 15 (2)]