Section 1 definition of "Plan B" BEFORE amended by BC Reg 73/2015, effective June 1, 2015.
"Plan B" means the drug plan known as Plan B, as described in section 2 (a) of the Schedule to the Continuing Care Programs Regulation, B.C. Reg. 146/95;
Section 1 definition of "First Nations Health Authority" BEFORE amended by BC Reg 211/2015, effective November 28, 2016.
"First Nations Health Authority" means the society incorporated under the Society Act as the First Nations Health Authority;
Section 1 definition of "class", paragraph (a) BEFORE amended by BC Reg 181/2019, effective July 19, 2019.
(a) pharmacy provider, which includes the sub-classes of Plan B provider and methadone maintenance provider;
Section 1 definition of "methadone maintenance services" BEFORE repealed by BC Reg 181/2019, effective July 19, 2019.
"methadone maintenance services" means services provided by a pharmacist described in section 3 (4) [enrollment of pharmacy providers] in relation to the dispensing of methadone for opioid-addiction treatment;
Section 1 definition of "opioid agonist treatment services" was added by BC Reg 181/2019, effective July 19, 2019.
Section 1 definition of "applicant" and "extrajurisdictional applicant" BEFORE amended by BC Reg 327/2021, effective December 13, 2021.
"applicant" means an applicant for enrollment as a provider;
"extrajurisdictional applicant" or "extrajurisdictional provider" means an applicant or a provider, as applicable, having as the subject of his or her application or enrollment a site outside British Columbia but inside Canada;
Section 1 definition of "class" BEFORE amended by BC Reg 327/2021, effective December 13, 2021.
"class" means a class of provider established by the minister under section 11 (4) (b) [enrollment of providers] of the Act, those classes being the following:
(a) pharmacy provider, which includes the sub-classes of Plan B provider and opioid agonist treatment provider;
(b) device provider, which includes the sub-classes of compression garment provider, limb prosthesis provider, breast prosthesis provider, ocular prosthesis provider and orthosis provider;
Section 1 definition of "extrajurisdictional applicant" or "extrajurisdictional provider" BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
"extrajurisdictional applicant" or "extrajurisdictional provider" means an applicant or a provider, as applicable, having as the subject of his or her application or enrolment a site outside British Columbia but inside Canada;
Section 2 (e) BEFORE amended by BC Reg 266/2016, effective November 7, 2016.
(e) has been, or is, an owner or a manager of a site in respect of which
(i) an amount must be paid to the government as a result of an audit conducted under a pharmacy enactment,
(ii) an amount must be paid to a public insurer as a result of an audit conducted in relation to the insurer's public drug insurance program,
(iii) an order or a conviction for an information or billing contravention has been issued, or
(iv) a person's billing privileges have been cancelled,
if the applicant was the owner or manager during the period for which the audit was conducted, at the time of the information or billing contravention, or at the time of the incident giving rise to the cancellation of billing privileges,
Section 2 BEFORE amended by BC Reg 327/2021, effective December 13, 2021.
When not eligible for enrollment
2 (1) This section applies to persons applying for enrollment in any provider class with respect to a particular site.
(2) An applicant is not eligible for enrollment if an owner or a manager of the site
(a) is required to pay an amount
(i) to the government as a result of an audit conducted under a pharmacy enactment, or
(ii) to a public insurer as a result of an audit conducted in relation to the insurer's public drug insurance program,
(b) has been, or is, the subject of an order or a conviction for an information or billing contravention,
(c) has his or her billing privileges suspended,
(d) has had his or her billing privileges cancelled,
(e) has been, or is, an owner or a manager of a site in respect of which
(i) an amount must be paid to the government as a result of an audit conducted under a pharmacy enactment,
(ii) an amount must be paid to a public insurer as a result of an audit conducted in relation to the insurer's public drug insurance program,
(iii) an order or a conviction for an information or billing contravention has been issued, or
(iv) a person's billing privileges have been cancelled,
if the owner or manager was the owner or manager during the period for which the audit was conducted, at the time of the information or billing contravention, or at the time of the incident giving rise to the cancellation of billing privileges,
(f) 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 drugs, devices, substances or related services,
(g) has, within the previous 6 years, been convicted of an offence prescribed under section 22 (1) [suspension of payments],
(h) holds a pharmacy licence that is suspended, or has held a pharmacy licence that was suspended or cancelled,
(i) is an owner or a manager of a site in respect of which a person's billing privileges are suspended, or
(j) has had his or her enrollment in any class of provider cancelled.
(3) An applicant is not eligible for enrollment if the applicant provides false or misleading information under section 7 [information required with application].
(4) An applicant is not eligible for enrollment in a sub-class if
(a) the applicant has been enrolled previously in the sub-class that is the subject of the application, and
(b) the applicant's billing privileges in relation to that sub-class were cancelled by the minister.
[am. B.C. Reg. 266/2016, Sch. 1, s. 1.]
Section 2 (2) (c), (d) and (j) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(c) has his or her billing privileges suspended,
(d) has had his or her billing privileges cancelled,
(j) has had his or her enrolment in any class of provider cancelled.
Section 2 (2) (f) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(f) 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 drugs, devices, substances or related services,
Section 3 (4) BEFORE amended by BC Reg 181/2019, effective July 19, 2019.
(4) An applicant is not eligible for enrollment in the methadone maintenance provider sub-class unless each pharmacist who will be providing drugs, devices, substances or related services through the pharmacy has successfully completed all relevant training, as required by the College of Pharmacists of British Columbia, with respect to methadone maintenance services.
Section 3 (5) was added by BC Reg 181/2019, effective July 19, 2019.
Section 3 BEFORE amended by BC Reg 327/2021, effective December 13, 2021.
Enrollment of pharmacy providers
3 (1) Without limiting section 2 [when not eligible for enrollment], this section applies to a person applying for enrollment within the pharmacy provider class with respect to a particular pharmacy.
(2) An applicant is not eligible for enrollment unless a pharmacy licence has been issued in respect of the pharmacy.
(3) An applicant is not eligible for enrollment if an owner or a manager of the pharmacy has had his or her registration with a governing body suspended or cancelled.
(4) An applicant is not eligible for enrollment in the opioid agonist treatment provider sub-class unless each pharmacist who will be providing drugs, devices, substances or related services through the pharmacy has successfully completed all relevant training, as required by the College of Pharmacists of British Columbia, with respect to opioid agonist treatment services.
(5) A provider who was enrolled in the methadone maintenance provider sub-class immediately before the date this section comes into force is deemed to be enrolled in the opioid agonist treatment provider sub-class.
[am. B.C. Reg. 181/2019, Sch. ss. 2 to 4.]
Section 3 (3) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(3) An applicant is not eligible for enrolment if an owner or a manager of the pharmacy has had his or her registration with a governing body suspended or cancelled.
Section 3.1 (3) and (4) BEFORE amended by BC Reg 77/2021, effective March 15, 2021.
(3) Despite section 3 (4), if a person applies, during the period that begins 6 months after the date this section comes into force and ends March 31, 2021, to enrol in the opioid agonist treatment provider sub-class, the applicant is not eligible for enrolment unless at least one pharmacist who provides drugs, devices, substances or related services through the applicant's pharmacy has completed the OAT training program.
Section 3.1 BEFORE self-repealed by BC Reg 222/2014, effective October 1, 2021.
Transition — opioid agonist treatment provider sub-class
3.1 (1) In this section, "OAT training program" means the training program entitled "BCPhA Opioid Agonist Treatment Compliance and Management Program for Pharmacy", provided by the British Columbia Pharmacy Association.
(2) Despite section 3 (4) and (5), a provider who is enrolled in the opioid agonist treatment provider sub-class must ensure that at least one pharmacist who provides drugs, devices, substances or related services through the provider's pharmacy completes the OAT training program within 6 months after the date this section comes into force.
(3) Despite section 3 (4), if a person applies, during the period that begins January 19, 2020 and ends September 30, 2021, to enrol in the opioid agonist treatment provider sub-class, the applicant is not eligible for enrolment unless at least one pharmacist who provides drugs, devices, substances or related services through the applicant's pharmacy has completed the OAT training program.
(4) This section is repealed October 1, 2021.
[en. B.C. Reg. 181/2019, Sch. s. 5; am. B.C. Reg. 77/2021, Sch. 2.]
Section 4 BEFORE amended by BC Reg 327/2021, effective December 13, 2021.
Enrollment of device providers
4 (1) Without limiting section 2 [when not eligible for enrollment], this section applies to a person applying for enrollment in the device provider class with respect to a particular site through which devices are provided.
(2) An applicant is not eligible for enrollment unless the applicant holds a business licence, issued by a local government, in respect of the site.
(3) An applicant is not eligible for enrollment unless the applicant confirms that each person who will be providing benefits through the site is appropriately qualified to provide the type of benefit he or she will be providing, including confirming the following, as applicable:
(a) in the case of an application for enrollment in the compression garment provider sub-class, that compression garment benefits will be provided through the site only by a person who has completed training, by a compression garment manufacturer, in fitting the type of compression garments to be provided;
(b) in the case of an application for enrollment in the limb prosthesis provider sub-class, that limb prosthesis benefits will be provided through the site only by a person recognized by the Canadian Board for Certification of Prosthetists and Orthotists as a person qualified to fit limb prostheses;
(c) in the case of an application for enrollment in the breast prosthesis provider sub-class, that breast prosthesis benefits will be provided through the site only by a person who has completed training, by a breast prosthesis manufacturer, in fitting breast prostheses;
(d) in the case of an application for enrollment in the ocular prosthesis provider sub-class, that ocular prosthesis benefits will be provided through the site only by a person recognized by the National Examining Board of Ocularists, Inc. as a person qualified to fit ocular prostheses;
(e) in the case of an application for enrollment in the orthosis provider sub-class, that orthosis benefits will be provided through the site only by a person recognized by the Canadian Board for Certification of Prosthetists and Orthotists as a person qualified to fit orthoses.
(4) A person is deemed to be a device provider without applying for enrollment, and subsection (2) does not apply, if the person
(a) is enrolled in the pharmacy provider class, and
(b) provides through the person's pharmacy devices other than those described in subsection (3).
Section 4 (3) (part) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(3) An applicant is not eligible for enrolment in a device provider sub-class referred to in this subsection unless the applicant confirms that each person who will be providing benefits through the site is appropriately qualified to provide the type of benefit he or she will be providing, including confirming the following, as applicable:
Section 6 (1) (b) and (c) (part) BEFORE amended by BC Reg 50/2016, effective September 1, 2016.
(b) the applicant provides a declaration stating that the applicant provides, or intends to provide, drugs, devices, substances or related services to residents of British Columbia, and
(c) the applicant provides a declaration stating that the applicant
Section 6 (2) BEFORE amended by BC Reg 50/2016, effective September 1, 2016.
(2) Declarations under this section must be in the form and manner required by the minister.
Section 6 (1) (part) BEFORE amended by BC Reg 327/2021, effective December 13, 2021.
(1) Without limiting sections 2 to 4 [when ineligible for enrollment], an applicant is not eligible for enrollment in respect of a site located outside British Columbia unless
Section 6 (1) (c) BEFORE amended by BC Reg 327/2021, effective December 13, 2021.
(c) the applicant provides a signed statement confirming that the applicant
(i) recognizes and is bound by the laws of the Province of British Columbia in respect of all matters related to the applicant's enrollment and conduct under the Act in respect of the site, and
(ii) agrees that court proceedings in a matter related to the applicant's enrollment and conduct under the Act in respect of the site will be conducted in a court of the Province of British Columbia.
Section 7 (1) (f) BEFORE amended by BC Reg 181/2019, effective July 19, 2019.
(f) in the case of an applicant for enrollment in the methadone maintenance provider sub-class, confirmation that each pharmacist who will be providing drugs, devices, substances or related services through the pharmacy that is the subject of the application has completed training as required under section 3 (4) [enrollment of pharmacy providers];
Section 7 (1) (f) and (g) BEFORE amended by BC Reg 327/2021, effective December 13, 2021.
(f) in the case of an applicant for enrollment in the opioid agonist treatment provider sub-class, confirmation that each pharmacist who will be providing drugs, devices, substances or related services through the pharmacy that is the subject of the application has completed training as required under section 3 (4) [enrollment of pharmacy providers];
(g) in the case of an applicant for enrollment in the device provider class, confirmation that each person providing benefits through the site that is the subject of the application is recognized or has completed training as required under section 4 (3) [enrollment of device providers];
Section 7 (2) (a) BEFORE amended by BC Reg 327/2021, effective December 13, 2021.
(a) all audits, orders, suspensions or cancellations of billing privileges, judgments and convictions referred to in section 2 [when not eligible for enrollment];
Section 8 (2) (part) BEFORE amended by BC Reg 327/2021, effective December 13, 2021.
(2) A provider must give the following to the minister at least 7 days before a change to the location of the site that is the subject of the provider's enrollment is to occur:
Section 8 (4) (c) BEFORE amended by BC Reg 327/2021, effective December 13, 2021.
(c) the shareholder's register and all shareholder agreements, if any, with respect to the operation of the site that is the subject of the provider's enrollment.
Section 9 (2) BEFORE amended by BC Reg 181/2019, effective July 19, 2019.
(2) A pharmacy provider enrolled in the methadone maintenance provider sub-class must give to the minister notice of the provider's intention to stop providing methadone maintenance services at least 30 days before services will end.
Section 10 (1) (part) BEFORE amended by BC Reg 327/2021, effective December 13, 2021.
(1) A provider who intends to dispose of or close the site that is the subject of the provider's enrollment, rather than changing the location of the site only, must give to the minister notice of the following at least 30 days before the date the disposition or closure is effective:
Section 11 (b) (ii) BEFORE amended by BC Reg 327/2021, effective December 13, 2021.
(ii) the site that is the subject of the provider's enrollment.
Section 13 (2) (part) BEFORE amended by BC Reg 181/2019, effective July 19, 2019.
(2) In addition to the records required under section 12, a pharmacy provider enrolled in the methadone maintenance provider sub-class must keep both of the following records in respect of each prescription received by the provider in respect of methadone maintenance services for a beneficiary:
Section 13 (2) (a) (part) BEFORE amended by BC Reg 181/2019, effective July 19, 2019.
(a) the original prescription form as approved by the College of Physicians and Surgeons of British Columbia and entitled "Methadone Maintenance Controlled Prescription", showing
Section 14 (1) (b) BEFORE amended by BC Reg 327/2021, effective December 13, 2021.
(b) if an inspection or audit is in process in respect of the provider or the site that is the subject of the provider's enrollment at the end of the 4 year period, until the inspection or audit is complete.
Section 16 (4) (b) BEFORE amended by BC Reg 74/2015, effective June 1, 2015.
(b) no later than 6 months after approval is received, if submitted by a provider having access to the information technology commonly known as PharmaNet.
Section 18 (2) BEFORE repealed by BC Reg 266/2016, effective November 7, 2016.
(2) The Wrinch Memorial Hospital pharmacy, as operated by the United Church Health Services Society, is prescribed under section 17 (2) of the Act for the purposes of receiving payments for claims.
Section 19 BEFORE re-enacted by BC Reg 327/2021, effective December 13, 2021.
Claims for witnessing ingestion
19 A pharmacy provider enrolled in the opioid agonist treatment provider sub-class may submit to the minister for payment under the Act a claim in relation to witnessing the ingestion of a drug for opioid agonist treatment only if a pharmacist described in section 3 (4) [enrollment of pharmacy providers] personally witnesses the ingestion.
[am. B.C. Reg. 181/2019, Sch. ss. 2 and 7.]
Section 20 (1) BEFORE amended by BC Reg 113/2020, effective May 29, 2020.
(1) Subject to this section, the minister may waive or modify one or more requirements, limits or conditions set under any of sections 2 to 4, 7 to 9, 12 (a) and 13 (1).
Section 22 (2) (c) BEFORE amended by BC Reg 181/2019, effective July 19, 2019.
(c) in the case of a pharmacy provider enrolled in the methadone maintenance provider sub-class, if the pharmacy provider's site is no longer served by pharmacists who are appropriately qualified as described in section 3 (4) [enrollment of pharmacy providers];
Section 22 (3) (a) BEFORE amended by BC Reg 181/2019, effective July 19, 2019.
(a) subsection (2) (c) may only be in respect of claims related to the provision of methadone maintenance services, and
Section 22 (2) (c) BEFORE amended by BC Reg 181/2019, as amended by BC Reg 77/2021, effective October 1, 2021.
(c) in the case of a pharmacy provider enrolled in the opioid agonist treatment provider sub-class, if the pharmacy provider's site is no longer served by pharmacists who are appropriately qualified as described in section 3 (4) [enrollment of pharmacy providers] or 3.1 (2) or (3) [transition — opioid agonist treatment provider sub-class];
Section 23 (1) and (2) BEFORE amended by BC Reg 327/2021, effective December 13, 2021.
(1) The minister must give to an applicant for enrollment as a provider notice of an intention to deny the application.
(2) The minister must give to a provider notice of the following:
(a) an intention to change or cancel the provider's designation or enrollment under section 13 (2) [changing or cancelling provider enrollment] of the Act;
(b) an intention to change or add limits and conditions on a provider's enrollment under section 13 (3) of the Act.
Section 24 (1) (a) (i) and (ii) BEFORE amended by BC Reg 327/2021, effective December 13, 2021.
(i) should accept the applicant's application for enrollment,
(ii) should not change or cancel the provider's enrollment, or
Section 24 (2) (b) BEFORE amended by BC Reg 327/2021, effective December 13, 2021.
(b) may vary, confirm or reverse the decision to deny the applicant's enrollment, change or cancel the provider's enrollment, or take any action the minister must or may take under section 45 of the Act, as applicable, and