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“Point in Time” Act Content

PHARMACEUTICAL SERVICES ACT

[SBC 2012] CHAPTER 22

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
8March 10, 2016
 March 30, 2023
10March 10, 2016
11March 10, 2016
 March 10, 2016
13March 10, 2016
 March 30, 2023
18March 10, 2016
23August 14, 2020
 November 25, 2021
 November 25, 2021
24March 30, 2023
28March 30, 2023
29November 25, 2021
45March 10, 2016
58March 10, 2016
59March 10, 2016
60March 10, 2016
61March 10, 2016
63October 1, 2015
 August 14, 2020
 March 30, 2023
71March 10, 2016
 March 10, 2016
 March 10, 2016
 March 10, 2016
76March 10, 2016
77March 10, 2016
 March 10, 2016
 March 10, 2016

  Section 8 BEFORE amended by 2016-5-40,Sch 2, effective March 10, 2016 (Royal Assent).

Enrollment of beneficiaries

8   (1) A person may enroll, in accordance with the regulations, in one or more drug plans for which he or she is eligible.

(2) For the purposes of determining a person's eligibility to enroll in a drug plan, the minister may require a person to provide information, including personal information, additional to that required under section 59 (c) [regulations respecting provincial drug program].

  Section 8 (1) BEFORE amended by 2023-10-845, effective March 30, 2023 (Royal Assent).

(1) A person may enrol, in accordance with the regulations, in one or more drug plans for which he or she is eligible.

  Section 10 BEFORE amended by 2016-5-28 and 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).

Cancelling beneficiary enrollment

10   (1) Subject to the regulations, the minister may cancel a beneficiary's enrollment in one or more drug plans.

(2) The minister may impose limits and conditions on the re-enrollment as a beneficiary of a person whose enrollment has been cancelled.

  Section 11 (2) and (3) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).

(2) An owner of more than one pharmacy, facility or other place described in subsection (1) must apply for enrollment in respect of each pharmacy, facility or other place.

(3) Despite subsection (1), the minister may permit a person who is connected to a place referred to in subsection (1), but is not an owner of the place, to apply for enrollment.

  Section 11 (4) (a) and (c) BEFORE amended by 2016-5-40,Sch 2 and 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).

(a) may enroll the applicant as a provider, unless the minister is of the opinion that it would not be in the public interest to do so,

(c) may impose limits and conditions on the provider's enrollment.

  Section 13 BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).

Changing or cancelling provider enrollment

13   (1) A provider may cancel his or her enrollment as a provider by giving 30 days' written notice to the minister.

(2) Subject to the regulations and after giving the provider 30 days' notice and an opportunity to be heard, the minister may

(a) change or cancel a designation made under section 11 (4) (b) [enrollment of providers], or

(b) cancel a provider's enrollment.

(3) The minister may change or add limits and conditions on a provider's enrollment

(a) on giving 30 days' notice but without giving an opportunity to be heard, or

(b) following a hearing in relation to the proposed cancellation of a provider's enrollment.

  Section 13 (1) BEFORE amended by 2023-10-846, effective March 30, 2023 (Royal Assent).

(1) A provider may cancel his or her enrolment as a provider by giving 30 days' written notice to the minister.

  Section 18 (1) (b) (i) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).

(i) eligibility for enrollment in a drug plan changed, or

  Section 23 (2) (a) BEFORE amended by 2020-14-36, effective August 14, 2020 (Royal Assent).

(a) for a purpose described in section 33.1 (1) (a), (c), (e), (e.1), (g), (i), (i.1), (m), (m.1), (n), (p) or (t), (6) or (7) of the Freedom of Information and Protection of Privacy Act only;

  Section 23 (1) (a) BEFORE amended by 2021-39-66(a), effective November 25, 2021 (Royal Assent).

(a) for a purpose described in section 33.2 (f) or (i) of the Freedom of Information and Protection of Privacy Act only;

  Section 23 (2) (a) BEFORE amended by 2021-39-66(b), effective November 25, 2021 (Royal Assent).

(a) for a purpose described in section 33.1 (1) (a), (c), (e), (e.1), (g), (i), (i.1), (m), (m.1), (n), (p), (p.1), (p.2) or (t), (6) or (7) of the Freedom of Information and Protection of Privacy Act only;

  Section 24 (1) (a) BEFORE amended by 2023-10-847, effective March 30, 2023 (Royal Assent).

(a) in respect of his or her own personal information,

  Section 28 (5) BEFORE amended by 2023-10-848, effective March 30, 2023 (Royal Assent).

(5) A reference to a person in this section, section 29 [effect of protective words] or section 63 (4) [regulations respecting information] in relation to the attachment or removal of a protective word includes the person's personal representative when acting in the course of his or her duties.

  Section 29 (1) (b) BEFORE amended by 2021-39-67, effective November 25, 2021 (Royal Assent).

(b) for a purpose described in section 33.1 (1) (c) of the Freedom of Information and Protection of Privacy Act;

  Section 45 (4) (a) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).

(a) the minister, if applicable, may cancel the enrollment of the provider without giving further notice or an opportunity to be heard under section 13 (2) (b) [changing or cancelling provider enrollment], and

  Section 58 (b) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).

(b) a cancellation of a provider's enrollment under section 13 (2) (b) or 45 (4) [suspension of payments];

  Section 59 (b) and (c) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).

(b) respecting eligibility for enrollment as a beneficiary in one or more drug plans, including respecting assessments for eligibility;

(c) respecting requirements for enrollment as a beneficiary in a drug plan, including respecting proof of eligibility for enrollment;

  Section 60 (c) and (d) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).

(c) respecting verification of the identity and enrollment, under the Medicare Protection Act, of a person requesting benefits under this Act;

(d) respecting the cancellation of a beneficiary's enrollment in one or more drug plans, including requiring the minister to give notice of the cancellation.

  Section 61 (1) (b) and (d) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).

(b) respecting the criteria a person must meet to be enrolled as a provider, or to continue enrollment;

(d) respecting changes to a provider's designation and the cancellation of a provider's designation or enrollment;

  Section 63 (2) (d.1) was added by 2014-8-107, effective October 1, 2015 (BC Reg 52/2015).

  Section 63 (4) (d) BEFORE amended by 2020-14-37, effective August 14, 2020 (Royal Assent).

(d) prescribing classes of persons for the purposes of section 29 [effect of protective words] applies.

  Section 63 (2) (g) BEFORE amended by 2023-10-849, effective March 30, 2023 (Royal Assent).

(g) respecting the recording of personal information in prescribed information management technology by a person authorized, under the terms of a designation order, to collect or have disclosed to him or her information from a health information bank;

  Section 71 (2) (d) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).

(d) a change to or the cancellation of the person's enrollment under section 13 [changing or cancelling provider enrollment].

  Section 71 (3) (b) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).

(b) impose limits and conditions on the deemed provider's enrollment.

  Section 71 (4) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).

(4) An agreement described in subsection (1) of this section in respect of a deemed provider, along with that provider's deemed enrollment under subsection (2) of this section, is terminated on the earlier of

(a) the agreement's termination in accordance with the terms of the agreement, and

(b) 180 days after the making of a regulation under section 61 (1) (a) and (b) [regulations respecting providers and others].

  Section 71 (5) BEFORE amended by 2016-5-29 and 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).

(5) If the minister enrolls a deemed provider who, within 180 days after the making of a regulation under section 61 (1) (a) and (b), applied for enrollment, the minister may specify that the person is enrolled as of a particular date, including the date on which the person's deemed enrollment is terminated under subsection (4) (b) of this section.

  Section 76 (2) (c) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).

(c) the cancellation of the person's enrollment under section 11 [cancelling beneficiary enrollment].

  Section 77 (2) (c) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).

(c) a change to or the cancellation of the person's enrollment under section 13 [changing or cancelling provider enrollment].

  Section 77 (3) (b) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).

(b) impose limits and conditions on the deemed provider's enrollment.

  Section 77 (4) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).

(4) A provider's deemed enrollment under subsection (2) of this section is terminated 180 days after the making of a regulation under section 61 (1) (a) or (b).