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Fifth Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 14

THE PRESCRIPTION DRUGS COST ASSISTANCE AMENDMENT ACT (PRESCRIPTION DRUG MONITORING AND MISCELLANEOUS AMENDMENTS)


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P115 amended

1           The Prescription Drugs Cost Assistance Act is amended by this Act.

2           Section 1 is amended

(a) by adding the following definition:

"monitored drug" means a specified drug, or a class of specified drugs, designated in the regulations as a monitored drug; (« médicament contrôlé »)

(b) by replacing the definition "specified drug" with the following:

"specified drug" means a drug or other item

(a) that is specified in the regulations; or

(b) for which an approval has been granted to one or more eligible persons under a regulation made under clause 9(1.1)(a.1). (« médicament couvert »)

3           The following is added after subsection 2(2):

Benefits requiring specific approval

2(3)        A benefit in respect of a drug or other item described in clause (b) of the definition "specified drug" must not be paid to or on behalf of a person unless an approval for the drug or other item has been specifically granted to the person under a regulation made under clause 9(1.1)(a.1).

4           The following is added after section 3:

Advisory committees

3.1(1)      The minister may establish one or more advisory committees to provide the minister with advice and recommendations respecting the administration or enforcement of this Act and its regulations.

Terms of reference

3.1(2)      The minister may determine the terms of reference and the procedures of an advisory committee.

5           Subsection 9(1.1) is amended by adding the following after clause (a):

(a.1) respecting the procedure by which an application may be made, by or on behalf of an eligible person, to have a drug or other item not specified in a regulation made under clause (a) approved as a drug or other item for which benefits may be paid, the procedure for considering an application, and the grounds upon which an application may be approved;

(a.2) designating a specified drug, or a class of specified drugs, as a monitored drug, including, without limitation, designating a specified drug that is a controlled substance as defined in the Controlled Drugs and Substances Act (Canada) as a monitored drug;

6(1)        Subsection 10(1) is amended by striking out "customer" and substituting "client".

6(2)        The following is added after clause 10(5)(f):

(f.1) subject to subsection (5.1), to the members of an advisory committee established under section 3.1;

6(3)        The following is added after clause 10(5)(g):

(g.1) subject to subsection (5.1), to a regulatory body governing a profession that has authority to prescribe or dispense a monitored drug, for the purpose of the regulatory body monitoring or reviewing

(i) the patterns of its members' prescribing or dispensing practices relating to monitored drugs, or

(ii) the utilization of monitored drugs by patients or clients of its members,

with a view to identifying patterns or trends that might indicate inappropriate or fraudulent prescribing or dispensing, or abuse or misuse, of monitored drugs;

6(4)        Clause 10(5)(h) is replaced with the following:

(h) subject to subsection (5.1), to a regulatory body governing a profession mentioned in clause (g), for the purpose of the regulatory body auditing or investigating a member, including an investigation for disciplinary purposes, in relation to inappropriate or fraudulent prescribing or dispensing, or abuse or misuse, of a monitored drug or other specified drug;

6(5)        The following is added after subsection 10(5):

Limit on disclosure of identifying information re patient

10(5.1)     The disclosure of personal health information, as defined in The Personal Health Information Act, about a patient or client, or of other information that could reasonably be expected to identify a patient or client, is not authorized

(a) under clause (5)(f.1) or (g.1); or

(b) under clause (5)(h), except to the extent the information is necessary to carry out the audit or investigation.

7           The following is added after section 10:

Referral to a professional regulatory body

10.1(1)     If the minister believes, based on advice from an advisory committee established under section 3.1, that the prescribing or dispensing practices of a member of a profession that has authority to prescribe or dispense a drug or other item may be inappropriate or not in accordance with generally accepted prescribing or dispensing practices, the minister may refer the matter, or make a complaint about the matter, to the regulatory body governing the person's profession.

Matter deemed a complaint under governing Act

10.1(2)     A referral or complaint under subsection (1) is deemed to be a complaint under the legislation that governs the profession.

8           The following is added after section 15:

Agreements

16          The minister may enter into agreements with any person or group of persons, or with the government of any jurisdiction, as the minister considers necessary for the purposes of this Act.

Coming into force

9           This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Prescription Drugs Cost Assistance Act.  The following are the key amendments.

  • Authority is given to establish a new category of drugs, called monitored drugs.  The prescribing, dispensing and use of monitored drugs will be subject to increased monitoring under the amendments.
  • Regulatory bodies that govern health professions are given clear authority to use information obtained under the Act to audit or investigate a member's prescribing or dispensing practices.

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