Acts and Regulations

2014-142 - General

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2014-142
under the
Prescription Monitoring Act
(O.C. 2014-367)
Filed August 18, 2014
Under section 18 of the Prescription Monitoring Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation - Prescription Monitoring Act.
Definition of “Act”
2In this Regulation, “Act” means the Prescription Monitoring Act.
Classes of drugs
3For the purposes of the definition “monitored drug” in section 1 of the Act, the classes of drugs are as follows:
(a) narcotics as defined in the Narcotic Control Regulations under the Controlled Drugs and Substances Act (Canada);
(b) controlled substances as defined in the Controlled Drugs and Substances Act (Canada);
(c) drug products that are opioids not listed in the Controlled Drugs and Substances Act (Canada);
(d) targeted substances as defined in the Benzodiazepines and Other Targeted Substances Regulations under the Controlled Drugs and Substances Act (Canada);
(e) drug products that are benzodiazepine related drugs not listed in the Controlled Drugs and Substances Act (Canada);
(f) controlled drugs as defined in Part G of the Food and Drug Regulations under the Food and Drugs Act (Canada); and
(g) restricted drugs as defined in Part J of the Food and Drug Regulations under the Food and Drugs Act(Canada).
Access to information
4For the purposes of section 7 of the Act, a participant who makes a request to the Director shall have access to the following information:
(a) a summary report of members’ prescribing privileges that have been revoked, suspended or otherwise altered by a licensing authority under section 11 of the Act; and
(b) a summary report of the participant’s prescribing and dispensing patterns with respect to monitored drugs.
Information network alerts
5The information network may alert participants in the following circumstances:
(a) an individual is seeking to fill two or more prescriptions for one or more monitored drugs within a consecutive 30-day period, and
(i) the monitored drugs were prescribed by two or more prescribers,
(ii) the individual is seeking to fill the prescriptions at two or more pharmacies, or
(iii) the quantity of monitored drugs that would be dispensed would exceed 500 units;
(b) an individual is seeking a refill or a partial refill for a monitored drug earlier than the prescriber’s directions for use;
(c) a prescriber whose prescribing privileges have been revoked, suspended or otherwise altered by a licensing authority under section 11 of the Act prescribes a monitored drug; and
(d) the terms and conditions of a patient monitoring agreement have not been met.
Advisory committee mandate
6(1)Each member of the advisory committee, excluding the Director, shall be appointed for a term of three years.
6(2)The term under subsection (1) is renewable but no member shall serve more than three consecutive terms in addition to any term required to fill a vacancy under subsection 7(1).
6(3)A member of the advisory committee who dies or resigns from office ceases to be a member of the advisory committee on the date of his or her death or on the day the Minister receives his or her resignation, as the case may be.
Vacancy
7(1)If a vacancy occurs on the advisory committee, the Minister shall appoint a person to fill the vacancy for the balance of the term of the member replaced.
7(2)A vacancy on the advisory committee does not impair the capacity of the advisory committee to act.
Meetings and quorum
8(1)All members of the advisory committee shall be entitled to vote at meetings except the Director and any member who is employed in the Department of Health.
8(2)A majority of the voting members present at a meeting of the advisory committee constitutes a quorum.
8(3)In the event of a tie vote at a meeting, the chair shall cast the deciding vote.
8(4)The members of the advisory committee shall elect from among the voting members a chair for a term of three years and a vice-chair for a term of two years.
8(5)Subject to subsection (6), the chair or, in his or her absence, the vice-chair shall preside at the meetings.
8(6)If the chair and vice-chair are absent from a meeting, the voting members present shall elect from among themselves a member to preside at the meeting.
8(7)In the absence of the chair, the vice-chair or the member elected under subsection (6) shall perform the duties and exercise the powers of the chair.
8(8)The advisory committee shall meet at least once every fiscal year.
8(9)The advisory committee shall ensure that minutes are taken at each meeting and that the minutes are submitted to the Minister once they are approved by the advisory committee.
8(10)The advisory committee may invite experts and professionals to attend and provide advice at a meeting if the advisory committee considers it necessary.
Conflict of interest
9(1)A member of the advisory committee is in a conflict of interest if, in the opinion of the chair,
(a) the member has an interest in the matter, distinct from an interest arising from his or her functions as a member,
(b) the member has a direct or indirect pecuniary interest in the matter,
(c) a parent, spouse, common-law partner, brother, sister or child of the member has an interest in the matter, or
(d) the member is an officer, employee or agent of a corporation, an unincorporated association or any other association of persons that has an interest in the matter.
9(2)If a member of the advisory committee is in a potential conflict of interest, the member shall disclose to the advisory committee the nature and extent of the interest either in writing or by requesting to have it entered in the minutes of the meeting.
9(3)A member of the advisory committee shall disclose a potential conflict of interest
(a) at the meeting at which the matter giving rise to the conflict of interest is considered, or
(b) if the member is not in a conflict of interest at the time described in paragraph (a), at the first meeting that is held after the conflict of interest arises.
9(4)If, in the opinion of the chair, a member of the advisory committee is in a conflict of interest, the chair may
(a) exclude the member from the meeting, or
(b) limit the participation of the member at the meeting.
Remuneration and reimbursement of expenses
10(1)A member of the advisory committee who is not employed in the Civil Service as defined in the Civil Service Act is entitled to remuneration of $150.00 for each half-day or portion of a half-day that he or she attends a committee meeting.
10(2)If the chair of the advisory committee is not employed in the Civil Service as defined in the Civil Service Act, the chair shall receive an additional $35.00 for each half-day or portion of a half-day that he or she attends a committee meeting.
10(3)A member of the advisory committee is entitled to be reimbursed for travelling and other expenses incurred by the member in the performance of his or her duties in accordance with the Travel Policy of the Treasury Board.
2016, c.37, s.147
Patient monitoring agreement
11For the purposes of section 12 of the Act, the information is as follows:
(a) the patient’s Medicare number;
(b) the patient’s first name, surname, date of birth, gender and address;
(c) the requesting participant’s first name, surname, address, telephone number, fax number and licence number;
(d) the date of the request and the requested duration of the agreement;
(e) the first name, surname, address and licence number of the prescribers to whom it is requested that the patient be restricted;
(f) the first name, surname, address and telephone number of the pharmacies to which it is requested that the patient be restricted;
(g) an acknowledgement from the requesting participant that all identified parties have agreed to be included in the agreement; and
(h) the signed consent of the patient.
Commencement
12This Regulation comes into force on September 1, 2014.
N.B. This Regulation is consolidated to December 16, 2016.