O. Reg. 187/21: GENERAL
filed March 12, 2021 under Pharmacy Act, 1991, S.O. 1991, c. 36
Skip to contentontario regulation 187/21
made under the
Pharmacy Act, 1991
Made: March 2, 2021
Approved: March 11, 2021
Filed: March 12, 2021
Published on e-Laws: March 12, 2021
Printed in The Ontario Gazette: March 27, 2021
Amending O. Reg. 202/94
(GENERAL)
1. Subsection 2 (1) of Ontario Regulation 202/94 is amended by adding the following paragraphs:
5. Pharmacist (emergency assignment).
6. Pharmacy technician (emergency assignment).
2. (1) Paragraph 5 of subsection 4 (1) of the Regulation is revoked and the following substituted:
5. The applicant must be a Canadian citizen or permanent resident of Canada or must hold the appropriate authorization under the Immigration and Refugee Protection Act (Canada) to permit the applicant to engage in the practice of the profession in Ontario in the manner permitted by the certificate of registration for which he or she has applied.
(2) Section 4 of the Regulation is amended by adding the following subsection:
(3.1) Despite subsection (3), an applicant for a certificate in the pharmacist (emergency assignment) or pharmacy technician (emergency assignment) class must meet all the requirements for registration at the time the application is filed.
3. Subsection 9 (2) of the Regulation is revoked and the following substituted:
(2) With the prior written approval of the Registrar, and despite paragraphs 1 and 2 of subsection (1), a pharmacist listed in Part B of the register may dispense, sell or compound a drug and provide care to a patient under the direct supervision of a pharmacist who is registered in Part A of the register, or of a pharmacist (emergency assignment), where the sole purpose is to assist the member in preparing to meet the requirements specified in subsection 46 (3) to transfer a member holding a certificate of registration as a pharmacist who is registered in Part B of the register to Part A of the register.
4. Subparagraph 2 i of subsection 12 (1) of the Regulation is revoked and the following substituted:
i. while under the direct supervision of a member who holds a certificate of registration as a pharmacist, or as a pharmacist (emergency assignment), or
5. Subparagraphs 1 i and ii of subsection 15 (1) of the Regulation are revoked and the following substituted:
i. when practising in a pharmacy to which the Drug and Pharmacies Regulation Act applies, while under the direct supervision of a member holding a certificate of registration as a pharmacist or as a pharmacist (emergency assignment), or
ii. in all other cases, while under the supervision of a member holding a certificate of registration as a pharmacist or as a pharmacist (emergency assignment).
6. The Regulation is amended by adding the following Part:
PART V.1
REGISTRATION — PHARMACISTS (EMERGENCY ASSIGNMENT)
15.1 (1) The following are additional requirements for the issuance of a certificate of registration as a pharmacist (emergency assignment):
1. The Government of Ontario must request that the College issue certificates of registration for the pharmacist (emergency assignment) class.
2. The applicant must,
i. have satisfied the educational requirements of paragraph 1 of subsection 6 (1) no more than two years prior to submitting an application for the issuance of a certificate of registration as a pharmacist (emergency assignment),
ii. currently be practising as a pharmacist in a jurisdiction approved by the Council, and provide, for each jurisdiction where the applicant holds a certificate, a letter, certificate or other evidence satisfactory to the Registrar or a panel of the Registration Committee confirming that the applicant is in good standing as a pharmacist in that jurisdiction, or
iii. have practised as a pharmacist in a jurisdiction approved by the Council within three years prior to the day on which the applicant met all other requirements for the issuance of a certificate of registration as a pharmacist (emergency assignment), and provide, for each jurisdiction where the applicant held a certificate, a letter, certificate or other evidence satisfactory to the Registrar or a panel of the Registration Committee confirming that the applicant was in good standing as a pharmacist in that jurisdiction.
(2) Without in any way limiting the generality of subparagraphs 2 ii and 2 iii of subsection (1), “good standing” shall include the fact that,
(a) the applicant is not the subject of any discipline or fitness to practise order or of any proceeding or ongoing investigation or of any interim order or agreement as a result of a complaint, investigation or proceeding; and
(b) the applicant has complied with the continuing competency and quality assurance requirements of the regulatory authority that issued the applicant’s certificate as a pharmacist.
Terms, Conditions and Limitations
15.2 (1) Every certificate of registration as a pharmacist (emergency assignment) is subject to the following terms, conditions and limitations:
1. The member shall, while working in a pharmacy or any other environment where patient care is being provided, clearly identify himself or herself as a pharmacist (emergency assignment).
2. The member shall only engage in the practice of the profession while under the supervision of a member holding a certificate of registration as a pharmacist listed in Part A.
3. The member shall not be the designated manager of a pharmacy.
(2) A certificate of registration as a pharmacist (emergency assignment) expires 60 days from the date on which the certificate was issued, unless extended under subsection (3).
(3) The Registrar may extend a certificate of registration as a pharmacist (emergency assignment) for one or more periods, each of which is not to exceed 60 days, if, in the opinion of the Registrar, it is advisable to do so.
(4) The Registrar may revoke a certificate of registration as a pharmacist (emergency assignment) prior to the expiry of the certificate if, in the opinion of the Registrar, it is advisable to do so.
(5) Where a member listed in Part B of the register also holds a certificate of registration as a pharmacist (emergency assignment), the terms, conditions and limitations listed in section 9 shall not apply to the member during the time that the member holds the emergency assignment certificate.
(6) Where a member who holds a certificate of registration as an intern also holds a certificate of registration as a pharmacist (emergency assignment), the terms, conditions and limitations listed in subsection 15 (1) shall not apply to the member during the time that the member holds the emergency assignment certificate.
7. Subparagraphs 1 i and ii of section 18 of the Regulation are revoked and the following substituted:
i. when practising in a pharmacy to which the Drug and Pharmacies Regulation Act applies, other than a remote dispensing location, while under the direct supervision of a member holding a certificate of registration as a pharmacist or as a pharmacist (emergency assignment), or
ii. in all other cases, while under the supervision or direction of a member holding a certificate of registration as a pharmacist or as a pharmacist (emergency assignment).
8. The Regulation is amended by adding the following Part:
PART VI.1
REGISTRATION — PHARMACY TECHNICIANS (EMERGENCY ASSIGNMENT)
18.1 (1) The following are additional requirements for the issuance of a certificate of registration as a pharmacy technician (emergency assignment):
1. The Government of Ontario must request that the College issue certificates of registration for the pharmacy technician (emergency assignment) class.
2. The applicant must,
i. have satisfied the educational requirements of paragraph 1 of subsection 16 (1) no more than two years prior to submitting an application for the issuance of a certificate of registration as a pharmacy technician (emergency assignment),
ii. currently be practising as a pharmacy technician in a jurisdiction approved by the Council, and provide, for each jurisdiction where the applicant holds a certificate, a letter, certificate or other evidence satisfactory to the Registrar or a panel of the Registration Committee confirming that the applicant is in good standing as a pharmacy technician in that jurisdiction, or
iii. have practised as a pharmacy technician in a jurisdiction approved by the Council within three years prior to the day on which the applicant met all other requirements for the issuance of a certificate of registration as a pharmacy technician (emergency assignment), and provide, for each jurisdiction where the applicant held a certificate, a letter, certificate or other evidence satisfactory to the Registrar or a panel of the Registration Committee confirming that the applicant was in good standing as a pharmacy technician in that jurisdiction.
(2) Without in any way limiting the generality of subparagraphs 2 ii or 2 iii of subsection (1), “good standing” shall include the fact that,
(a) the applicant is not the subject of any discipline or fitness to practise order or of any proceeding or ongoing investigation or of any interim order or agreement as a result of a complaint, investigation or proceeding; and
(b) the applicant has complied with the continuing competency and quality assurance requirements of the regulatory authority that issued the applicant the certificate as a pharmacy technician.
Terms, Conditions and Limitations
18.2 (1) Every certificate of registration as a pharmacy technician (emergency assignment) is subject to the following terms, conditions and limitations:
1. The member shall, while working in a pharmacy or any other environment where patient care is being provided, clearly identify himself or herself as a pharmacy technician (emergency assignment).
2. The member shall only engage in the practice of pharmacy,
i. when practising in a pharmacy to which the Drug and Pharmacies Regulation Act applies, other than a remote dispensing location, while under the direct supervision of a member holding a certificate of registration as a pharmacist or as a pharmacist (emergency assignment), or
ii. in all other cases, while under the supervision or direction of a member holding a certificate of registration as a pharmacist or as a pharmacist (emergency assignment).
3. When practising in a pharmacy to which the Drug and Pharmacies Regulation Act applies, the member shall not supervise that part of a pharmacy where drugs are kept.
4. The member shall not delegate a controlled act.
5. The member shall not provide information or education relating to drug use, either to or for a patient, where the provision of the information requires therapeutic knowledge, clinical analysis or clinical assessment.
(2) A certificate of registration as a pharmacy technician (emergency assignment) expires 60 days from the date on which the certificate was issued, unless extended under subsection (3).
(3) The Registrar may extend a certificate of registration as a pharmacy technician (emergency assignment) for one or more periods, each of which is not to exceed 60 days, if, in the opinion of the Registrar, it is advisable to do so.
(4) The Registrar may revoke a certificate of registration as a pharmacy technician (emergency assignment) prior to the expiry of the certificate if, in the opinion of the Registrar, it is advisable to do so.
9. Section 32 of the Regulation is amended by adding the following subsection:
(3) In this Part,
(a) a reference to a part A pharmacist includes a member who holds a certificate of registration as a pharmacist (emergency assignment); and
(b) a reference to a pharmacy technician includes a member who holds a certificate of registration as a pharmacy technician (emergency assignment).
Commencement
10. This Regulation comes into force on the day it is filed.
Council of the Ontario College of Pharmacists:
Nancy Lum-Wilson
Billy Cheung
Chair, OCP Board
Date made: March 2, 2021