Statutes of Newfoundland and Labrador 2023 Chapter 0

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL 2006 cP-12.01 as amended

1. (1) Section 2 of the Pharmaceutical Services Act is amended by adding immediately after paragraph (f) the following:

(f.1) "dispensing physician" means a medical practitioner licensed under the Medical Act, 2011 who dispenses drugs or drug products in the course of the medical practitioner's practice;

(2) Paragraph 2(p) of the Act is repealed and the following substituted:

(p) "prescriber" means a person who is entitled to prescribe drugs under the laws of the province and includes

(i) a medical practitioner licensed under the Medical Act, 2011,

(ii) a dentist or dental surgeon licensed under the Dental Act, 2008,

(iii) an optometrist licensed under the Optometry Act, 2012,

(iv) a veterinarian licensed under the Veterinary Medical Act, 2004,

(v) a nurse practitioner licensed under the Registered Nurses Act, 2008,

(vi) a pharmacist,

(vii) a registered nurse licensed under the Registered Nurses Act, 2008, and

(viii) a midwife registered under the Health Professions Act; and

2. Subsection 4(1) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

3. Subsection 9(1) of the Act is amended by deleting the words "his or her".

4. Section 10 of the Act is amended by deleting the words "his or her" and substituting the words "the minister's".

5. (1) Subsection 14(5) of the Act is amended by deleting the words "he or she" and substituting the words "the minister".

(2) Subsection 14(8) of the Act is amended by deleting the words "his or her" and substituting the words "the minister's".

6. Subsection 16(5) of the Act is amended by deleting the words "his or her participation" and substituting the word "participating".

7. Subsection 17(4) of the Act is amended by deleting the words "his or her" and substituting the word "those".

8. Subsection 20(1) of the Act is amended by

(a) deleting the word "physicians" and substituting the words "medical practitioners";

(b) deleting the words "his or her" and substituting the words "the deputy minister's"; and

9. (1) Section 26 of the Act is amended by adding immediately after subsection (5) the following:

(5.1) Notwithstanding subsection (5), a pharmacist or dispensing physician may dispense a drug included in the list established under subsection (2) that is presented by telephone communication where an exemption is issued under subsection 56(1) of the Controlled Drugs and Substances Act (Canada) that authorizes a pharmacist or dispensing physician to dispense that drug by telephone communication.

(2) Section 26 of the Act is amended by adding immediately after subsection (6) the following:

(6.1) Notwithstanding subsection (6), a pharmacist or dispensing physician may dispense a drug included in the list established under subsection (2) where

(a) the prescription is transferred from another pharmacist or dispensing physician; and

(b) an exemption is issued under subsection 56(1) of the Controlled Drugs and Substances Act (Canada) that authorizes the transfer of a prescription for controlled substances.

(6.2) A pharmacist or dispensing physician shall only dispense a drug under subsections (5.1) or (6.1)

(a) in accordance with the terms and conditions of the exemption referred to in subsections (5.1) or (6.1); and

(b) for the period of time that the exemption is in effect.

(3) Subsection 26(8) of the Act is repealed and the following substituted:

(8) Where a prescriber's licence is suspended or cancelled by the prescriber's supervising professional body, or a prescriber stops practicing in the province, the prescriber shall return all tamper resistant prescription drug pads to the minister within 3 days of that suspension, cancellation or change of practice.

(4) Paragraph 26(10)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the pharmacist's".

10. (1) Subsection 27(1) of the Act is amended by deleting the words "his or her" and substituting the words "the beneficiary's".

(2) Subsection 27(2) of the Act is amended by

(a) deleting the word "persons" and substituting the word "person's"; and

(b) deleting the words "his or her" and substituting the words "the person's".

(3) Subsection 27(3) of the Act is amended by deleting the word "persons" and substituting the word "person's".

(4) Subsection 27(7) of the Act is amended by deleting the words "his or her" and substituting the words "the minister's".

11. Section 37 of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the beneficiary"; and

(b) deleting the word "beneficiarys" and substituting the word "beneficiary's".

12. (1) Subsection 41(1) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the person's".

(2) Paragraph 41(3)(d) of the Act is amended by deleting the words "his or her" and substituting the words "the appellant's".

(3) Subsection 41(4) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the appellant's".

(4) Subsection 41(7) of the Act is repealed and the following substituted:

(7) Where

(a) an appellant has not been granted a postponement under subsection (5); or

(b) the appellant, either in person or by counsel or agent, does not attend the hearing of the appeal after being notified under this section,

the appeal board may proceed in the appellant's absence to examine into the matter of the appeal and to hear the witnesses and adjudicate on the matter.

(5) Subsection 41(9) of the Act is amended by deleting the words "Public Inquiries Act" and substituting the words "Public Inquiries Act, 2006".

13. (1) Subsection 43(1) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the person's".

(2) Paragraph 43(3)(d) of the Act is amended by deleting the words "his or her" and substituting the words "the appellant's".

(3) Subsection 43(4) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the appellant's".

(4) Subsection 43(9) of the Act is amended by deleting the words "Public Inquiries Act" and substituting the words "Public Inquiries Act, 2006".

14. Section 45 of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court".

15. Subsection 47(1) of the Act is repealed and the following substituted:

Offence

47. (1) A person shall not, on the person's behalf or on behalf of another person, knowingly obtain or receive benefits to which that person or the other person is not entitled to obtain or receive under this Act.