O. Reg. 126/20: GENERAL

 

ontario regulation 126/20

made under the

Pharmacy Act, 1991

Made: March 30, 2020
Approved: April 6, 2020
Filed: April 7, 2020
Published on e-Laws: April 7, 2020
Printed in The Ontario Gazette: April 25, 2020

Amending O. Reg. 202/94

(GENERAL)

1. (1) The definition of “adapt” in section 31 of Ontario Regulation 202/94 is amended by striking out the portion before clause (a) and substituting the following:

“adapt” means, subject to subsection (2), to change a patient’s prescription respecting,

. .  . . .

(2) The definition of “adapt” in section 31 of the Regulation, as amended by subsection (1), is amended by striking out “subject to subsection (2)” in the portion before clause (a).

(3) Section 31 of the Regulation is amended by adding the following definition:

“coronavirus exemption” means the exemption issued by the Minister of Health for Canada on March 19, 2020 under subsection 56 (1) of the Controlled Drugs and Substances Act (Canada) entitled “Subsection 56(1) Class Exemption for Patients, Practitioners and Pharmacists Prescribing and Providing Controlled Substances in Canada During the Coronavirus Pandemic”, available on a website of the Government of Ontario, including any renewal or replacement of the exemption;

(4) The definition of “coronavirus exemption” in section 31 of the Regulation, as made by subsection (3), is revoked.

(5) Section 31 of the Regulation is amended by adding the following subsection:

(2) While the coronavirus exemption is in effect, in this Part,

“adapt”, in relation to the adaptation of a prescription for a controlled substance under the Controlled Drugs and Substances Act (Canada), means to change the prescription respecting,

(a)  the dose and regime of the prescribed drug,

(b)  the dosage form of the prescribed drug,

(c)  the de-prescribing of the prescribed drug, or

(d)  the part-filling of the prescription,

but does not include therapeutic substitution.

(6) Subsection 31 (2) of the Regulation, as made by subsection (5), is revoked.

2. (1) Subsection 36 (2) of the Regulation is amended by adding “Subject to subsection (2.1)” at the beginning.

(2) Subsection 36 (2) of the Regulation, as amended by subsection (1), is amended by striking out “Subject to subsection (2.1)” at the beginning.

(3) Section 36 of the Regulation is amended by adding the following subsection:

(2.1) During the period of time in which the coronavirus exemption is in effect, subsection (2) does not apply to the extent that the coronavirus exemption or the Controlled Drugs and Substances Act (Canada) authorizes the member to adapt or renew a prescription for a controlled substance under that Act.

(4) Subsection 36 (2.1) of the Regulation, as made by subsection (3), is revoked.

(5) Paragraph 1 of subsection 36 (4) of the Regulation is amended by striking out “or” at the end of subparagraph ii, by adding “or” at the end of subparagraph iii and by adding the following subparagraph:

iv.  during the period of time in which the coronavirus exemption is in effect, if the criteria set out in subparagraphs i, ii and iii cannot be met, be satisfied as to the existence and details of the prescription from an alternative source, including, but not limited to, the prescription label, the prescription receipt with medication history, a photograph of the prescription or a facsimile of the prescription.

(6) Paragraph 1 of subsection 36 (4) of the Regulation, as amended by subsection (5), is amended by adding “or” at the end of subparagraph ii, by striking out “or” at the end of subparagraph iii and by revoking subparagraph iv.

Commencement

3. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Subsections 1 (2), (4) and (6) and subsections 2 (2), (4) and (6) come into force two years after the day this Regulation is filed.

Made by:

Council of the Ontario College of Pharmacists:

Nancy Lum-Wilson

CEO and Registrar

Lauren Weyland

President

Date made: March 30, 2020