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Revised Statutes of Newfoundland 1990


CHAPTER G-2

AN ACT TO PROVIDE FOR THE PROVISION OF LOWER COST PRESCRIPTION DRUGS

Analysis

1. Short title

2. Interpretation

3. Substitute drugs

4. Price where no substitution

5. Formulary

6. Advisory committee

7. Unprofessional conduct

8. Actions barred


Short title

1. This Act may be cited as the Generic Dispensing of Prescription Drugs Act.

1979 c36 s1

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Interpretation

2. (1) In this Act

(a) "formulary" means the Interchangeable Drug Products Formulary referred to in section 5; and

(b) "minister" means the Minister of Health.

(2) In this Act words or expressions defined in the Pharmaceutical Association Act have the same meanings assigned to them by that Act.

1979 c36 s2

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Substitute drugs

3. (1) Where a person authorized by law to dispense prescriptions is given a prescription directing the dispensing of a drug by its brand, chemical or generic name that person shall dispense a substitute drug other than the drug specifically prescribed where

(a) the drug to be substituted is listed in the formulary as a drug that may be used interchangeably with the drug prescribed; and

(b) the drug to be substituted is cheaper than the drug prescribed.

(2) Subsection (1) does not apply where the prescription contains a specific written direction to the contrary in the handwriting of the person prescribing the drug.

(3) Where a prescribed drug is dispensed in accordance with subsection (1) and that drug has a number of substitutes listed in the formulary, the person dispensing the drug

(a) shall dispense the lowest priced substitute drug listed in the formulary at the price listed in the formulary plus that person's normal dispensing fee; or

(b) shall, if that person does not have the lowest priced drug, dispense another drug listed in the formulary as a substitute for the prescribed drug,

(i) at the price of the lowest priced substitute drug listed in the formulary plus his or her normal dispensing fee where the lowest priced substitute drug is generally available within the province, or

(ii) where the lowest priced substitute drug is not generally available within the province, at the price of the lowest priced substitute drug that is so available plus his or her normal dispensing fee.

1979 c36 s3

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Price where no substitution

4. Where a prescription contains a written direction that the prescribed drug is not to be substituted, the person who dispenses the drug shall not charge more for the drug than the price listed in the formulary plus that person's normal dispensing fee, if that drug is in the formulary.

1979 c36 s4

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Formulary

5. (1) The minister may establish by regulation an Interchangeable Drug Products Formulary setting out

(a) drugs that may be used interchangeably with other drugs; and

(b) maximum prices to be charged for drugs listed in the formulary.

(2) A drug that may be used interchangeably with another drug in the formulary shall contain a drug in the same amount of the same active ingredients in the same dosage form as that directed by a prescription for that drug.

1979 c36 s5

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Advisory committee

6. (1) The minister shall appoint an advisory committee consisting of 2 pharmaceutical chemists, 2 physicians, the Deputy Minister of Health or the deputy minister's designate and those other persons that the minister may wish to appoint to advise the minister on the contents of the formulary and other matters relating to drugs.

(2) The minister shall consult with the Newfoundland Pharmaceutical Association and the Newfoundland Medical Association on the appointments to be made by the minister under subsection (1) from their respective professions.

(3) The minister shall designate 1 of the members to be chairperson of the advisory committee.

1979 c36 s6

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Unprofessional conduct

7. A person authorized by law to dispense prescription drugs who does not abide by this Act shall be considered to have engaged in unprofessional conduct within the meaning of the Act under which that person is licensed to practise.

1979 c36 s7

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Actions barred

8. An action does not lie against a person by reason only of the prescribing or dispensing of a substitute drug in accordance with this Act.

1979 c36 s8

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