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The Pharmaceutical Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1998, c. 31

THE PHARMACEUTICAL AMENDMENT ACT


 

(Assented to June 29, 1998)

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

C.C.S.M. c. P60 amended

1         The Pharmaceutical Act is amended by this Act.

2         The definition "drug" in section 1 is repealed and the following is substituted:

"drug" means a substance or mixture of substances prescribed in the regulations under section 74; (« drogue »)

3         Clause 17(b) is repealed and the following is substituted:

(b) one lay person who is either a member of the council under subsection 6(2) or appointed from the roster of persons appointed under subsection 26(4); and

4         Subsection 26(4) is amended by adding ", of the complaints committee under section 17" after "discipline committee".

5         Subsection 37(2) is repealed and the following is substituted:

Committee may consider cautions and orders

37(2)     To assist the discipline committee in making an order under this section, the committee may be advised of

(a) any formal, written caution previously issued to the member under clause 21(1)(d) and the circumstances under which it was issued; and

(b) any other previous order of the discipline committee.

6         Section 58 of the French version is amended by striking out "le registraire suspend" and substituting "le registraire peut suspendre".

7         Section 63.1 is repealed and the following is substituted:

Confidentiality of information

63.1      Every person employed, appointed or retained for the purpose of administering this Act, and every member of the council or a committee of the council, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(a) to the extent the information is available to the public under this Act;

(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, to the extent the information is required for that body to carry out its mandate under the Act;

(d) to a body that governs the practice of pharmacy in a jurisdiction other than Manitoba; or

(e) as may be required for the administration of The Health Services Insurance Act or The Prescription Drugs Cost Assistance Act.

8         Clause 66(b) of the French version is amended by adding "avec preuve de réception" after "un autre moyen".

9         Clause 71(1)(r) of the French version is repealed and the following is substituted:

r) réglementer l'utilisation de l'ordinateur et autres appareils électroniques dans l'exercice de la pharmacie;

10        Clause 74(a) is repealed and the following is substituted:

(a) prescribing substances and mixtures of substances as drugs for the purposes of the definition "drug" in section 1;

11 The following is added after section 74:

Adoption of drug schedules by reference

74.1       A regulation made under clause 71(1)(p) or clause 74(a) may adopt by reference, in whole or in part and with any variations specified in the regulation, any drug schedule made by a government in Canada or a recognized scientific or professional body, and the schedule may be adopted as amended from time to time.

12 The following is added after section 79:

Lieutenant Governor in Council regulations

79.1      The Lieutenant Governor in Council may make regulations prescribing conditions, including the payment of fees, to be met by manufacturers of products in order for those products to be considered for designation as interchangeable products in the formulary.

13(1)     Subsections 80(1) and (2) are amended in the part preceding clause (a) by striking out "this Act or the regulations" and substituting "a provision of this Act or the regulations, other than section 63.1 of this Act,".

13(2)     The following is added after subsection 80(2):

Contravention of section 63.1

80(2.1)   An individual or a corporation that contravenes section 63.1 is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

13(3) Subsection 80(3) is amended by adding "or (2.1)" after "subsection (2)".

13(4)     Clauses 80(4)(a) and (b) are repealed and the following is substituted:

(a) for a first offence other than a contravention of section 63.1, to a fine of not more than $5,000.;

(b) for a subsequent offence other than a contravention of section 63.1, to a fine of not more than $15,000.; and

(c) for a contravention of section 63.1, to a fine of not more than $50,000.

Coming into force

14        This Act comes into force on the day it receives royal assent.