This is an official version.

Copyright © 2006: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Newfoundland Regulation 1998


NEWFOUNDLAND REGULATION 2/98

NEWFOUNDLAND REGULATION 2/98

Dispensing of Substitute Brand-name Drugs Regulations
under the
Pharmaceutical Association Act, 1994

(Filed December 31, 1997)

Under the authority of subparagraph 14(l)(ii) of the Pharmaceutical Association Act, 1994, the Minister of Health makes the following regulations.

Dated at St. John’s, December 31, 1997.

Joan Marie Aylward
Minister of Health

REGULATIONS

Analysis


        1.   Short title

        2.   Lower-priced drug substitution

        3.   Substitution prohibited

        4.   Duty of dispenser


Short title

        1. These Regulations may be cited as the Dispensing of Substitute Brand-name Drugs Regulations.

Lower-priced drug substitution

        2. Where a person authorized by law to dispense prescriptions is given a prescription directing the dispensing of a brand of a drug ordinarily available without a prescription, the person may dispense a substitute brand of the drug where,

             (a)  the substituted brand of the drug is less expensive than the brand of the drug prescribed; and

             (b)  the substituted brand of the drug contains the same active ingredients as that of the prescribed brand; and

             (c)  the specific generic drug category is approved for the purpose by the Newfoundland Pharmaceutical Association and the Newfoundland and Labrador Medical Association.

Substitution prohibited

        3. Where a prescription contains a written direction in the handwriting of the person prescribing the drug that the prescribed brand of the drug is not to be substituted, the person dispensing the drug shall not make a substitution.

Duty of dispenser

        4. Where a brand of the drug is substituted for the brand of the drug prescribed, the person dispensing the drug shall ensure that the brand of the drug that is substituted contains the same amount of the same active ingredients and in the same form as the brand prescribed.