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Newfoundland Regulation 2000


NEWFOUNDLAND REGULATION 29/00

NEWFOUNDLAND REGULATION 29/00

Prescription Drug Monitoring Program Regulations
under the
Medical Act

(Filed May 25, 2000)

Under the authority of section 13 of the Medical Act, the Newfoundland Medical Board, with the approval of the Minister of Health and Community Services makes the following regulations.

Dated at St. John’s, May 23, 2000.

Dr. Robert Young
Registrar
Newfoundland Medical Board

Roger Grimes
Minister of Health and Community Services

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Handbook and schedule

        4.   Requirement of practitioner

        5.   Compliance with policies, etc.

        6.   Application of regulations

        7.   Professional misconduct


Short title

        1. These regulations may be cited as the Prescription Drug Monitoring Program Regulations.

Definitions

        2. In these regulations 

             (a)  "handbook" means the manual issued by the provincial drug monitoring body setting out the policies and requirements of the prescription drug monitoring program;

             (b)  "monitored drugs" means those drugs designated as such by the provincial drug monitoring body in a schedule of monitored drugs; and

             (c)  "provincial drug monitoring body" means the board, as designated under the prescription drug monitoring program established by the Act.

Handbook and schedule

        3. The handbook and the schedule of monitored drugs shall be published and made available to persons by 

             (a)  the publishing of the handbook, including the initial schedule of monitored drugs, and the circulation of the handbook to medical practitioners by ordinary mail;

             (b)  the publishing of the initial schedule of monitored drugs, and subsequent amendments in the Gazette;

             (c)  the publishing by the provincial drug monitoring body of a quarterly bulletin giving notice of amendments to the handbook or the schedule of monitored drugs and the circulation of the quarterly bulletin to medical practitioners by ordinary mail;

             (d)  maintaining the handbook and the schedule of monitored drugs and amendments at the provincial drug monitoring body’s offices, available for review by interested persons during normal business hours; and

             (e)  the other means the provincial drug monitoring body finds practicable or desirable.

Requirement of practitioner

        4. (1) The board may require a medical practitioner to provide written confirmation, upon an application for renewal of licence or other written notice at any time that the medical practitioner has received, reviewed and is familiar with the handbook and the schedule of monitored drugs and amendments.

             (2)  The board may refuse renewal of a licence issued by the board until compliance by a medical practitioner with subsection (1).

             (3)  Notwithstanding subsection (1), it shall be the responsibility of the medical practitioner to ensure that he or she has received, reviewed and has familiarized himself or herself with the handbook and the schedule of monitored drugs and amendments.

Compliance with policies, etc.

        5. Persons licensed under the Act to prescribe drugs shall comply with the policies and requirements of the prescription drug monitoring program as set out in the handbook and in particular shall:

             (a)  record, accurately and completely, in written, printed or electronic format, all pertinent information in relation to prescriptions for monitored drugs, and maintain such records, which records shall include the name, address and appropriate provincial health insurance number or other identification number of the patient, the monitored drug prescribed, the amount prescribed, the medical purpose for which it was prescribed, the date on which the prescription was issued, and the expiry date of the prescription where applicable;

             (b)  issue prescriptions for monitored drugs in the format, or on the form, and with the information required by the provincial drug monitoring body; and

             (c)  provide information in relation to the prescription of monitored drugs requested by the provincial drug monitoring body, or by a person authorized by the provincial drug monitoring body, including a complete and legible copy of the records to be maintained under paragraph (a), within 7 days of receipt of the request, or within the different period that may be specified in the request.

Application of regulations

        6. These regulations shall only apply to prescriptions issued on or after June 5, 2000.

Professional misconduct

        7. The breach by a person licensed under the Act of a provision of these regulations may be held by the board to constitute professional misconduct or conduct unbecoming a medical practitioner.