O. Reg. 59/11: GENERAL


Published: 2011-03-10

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ontario regulation 59/11

made under the

Pharmacy act, 1991

Made: February 22, 2011
Approved: March 9, 2011
Filed: March 10, 2011
Published on e-Laws: March 14, 2011
Printed in The Ontario Gazette: March 26, 2011


Amending O. Reg. 202/94

(General)

1. (1) Subsection 28 (1) of Ontario Regulation 202/94 is amended by adding the following definition:

“drug services” means one or more of the compounding, dispensing or sale by retail of drugs or the provision of information or advice with respect to drugs.

(2) The definition of “prescription services” in subsection 28 (1) of the Regulation is revoked.

(3) Subsection 28 (2) of the Regulation is amended by striking out “prescription services” in the portion before clause (a) and substituting “drug services”.

(4) Clauses 28 (2) (f), (g), (h), (i) and (j) of the Regulation are revoked and the following substituted:

(f) contains a reference to a member’s area of practice or to a procedure or treatment available from a member practising in the pharmacy, unless the advertisement discloses whether or not the member has an area of expertise and, if the member does have such an area of expertise, the particular expertise;

(g) contains references to a particular brand of equipment used to assist in providing drug services;

(h) contains information that is not relevant to the choice of a pharmacist; or

(i) contains any representations as to the safety or effectiveness or an indication for use of any drug referred to in Schedule I established by the regulations under the Drug and Pharmacies Regulation Act.

(5) Subsection 28 (3) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(3) An advertisement by a member that includes price information relating to drugs referred to in Schedule I established by the regulations under the Drug and Pharmacies Regulation Act shall include the price information for at least 15 different drugs, 10 of which each belong to a different one of the following drug classifications:

. . . . .

(6) Subsections 28 (4), (5), (6), (7) and (8) of the Regulation are revoked and the following substituted:

(4) Where an advertisement by a member includes price information relating to drugs referred to in Schedule I established by the regulations under the Drug and Pharmacies Regulation Act, the advertisement shall include at a minimum the following information with respect to each drug:

1. The quantity of the drug being advertised at the advertised price.

2. The total cost for the drug to the purchaser including any dispensing fee.

3. The time period during which the advertised price will be available.

(5) An advertisement by a member that includes price information relating to drugs referred to in Schedule I established by the regulations under the Drug and Pharmacies Regulation Act shall include, in addition to the price information referred to in subsection (4), the following information with respect to each advertised drug:

1. The strength of the drug.

2. The brand name of the drug.

3. The dosage form of the drug.

(6) Where an advertisement by a member includes price information relating to drugs referred to in Schedule I established by the regulations under the Drug and Pharmacies Regulation Act, equal prominence shall be given to each drug and, for each of those drugs, equal prominence shall be given to all the information required under subsections (4) and (5).

2. Section 29 of the Regulation is revoked and the following substituted:

29. It is professional misconduct for the purposes of clause 51 (1) (c) of the Health Professions Procedural Code for a member who advertises price information with respect to a drug referred to in Schedule I established by the regulations under the Drug and Pharmacies Regulation Act

to charge any purchaser, including the executive officer under the Ontario Drug Benefit Act more for the drug than the member has advertised, pursuant to paragraph 2 of subsection 28 (4), as the total cost for the drug to the purchaser including any dispensing fee.

3. This Regulation comes into force on the later of the day section 8 of the Regulated Health Professions Statute Law Amendment Act, 2009 comes into force and the day it is filed.

Made by:

Council of the Ontario College of Pharmacists:

Bonnie Hauser

President

Deanna Williams

Registrar

Date made: February 22, 2011.