2In this Regulation
“Act” means the Prescription Drug Payment Act;(loi)
“actual acquisition cost” means the cost of a product to a pharmacy or dispensing physician, based on reasonable and customary purchasing practices, which is calculated by
(coût d’achat réel)
(a)
deducting from the total amount paid or payable, exclusive of shipping charges, by the pharmacy or dispensing physician to purchase the product, the value of any price reduction,
(b)
dividing the result obtained under paragraph (
a) by the number of units purchased by the pharmacy or dispensing physician, and
(c)
multiplying the unit cost determined under paragraph (
b) by the number of units dispensed;
“beneficiary” Repealed: 92-94
“Committee” Repealed: 2020, c.1, s.4
“Corporation” Repealed: 2020, c.1, s.4
“cosmetic drug” Repealed: 90-178
“dependent” means a person whom another person has a legal obligation to support and includes the spouse of that other person, a person under the age of nineteen years and a person over the age of nineteen years who is mentally or physically disabled;(personne à charge)
“designated endocrinologist” Repealed: 2016-49
“designated medical practitioner” means a medical practitioner who has been designated by the Minister for the purposes of this Regulation;(médecin désigne)
“Director” Repealed: 2020, c.1, s.4
“dispensing physician” means a medical practitioner who is authorized in writing by the Director to receive payment for drugs dispensed under the programme to beneficiaries;(médecin pro-pharmacien)
“drug” means a substance or combination of substances used or intended to be used to diagnose, treat, mitigate or prevent a disease, disorder or abnormal physical or mental state, or a symptom of them, or to restore, correct or modify organic functions in people;(médicament)
“entitled services” Repealed: 90-178
“generic drug manufacturer” Repealed: 90-85
“family unit” means a person and any dependents of the person who are living together;(unité familiale)
“in-Province” means within the geographic boundaries of the Province of New Brunswick as established by Federal Survey;(dans la province)
“interchangeable pharmaceutical product” means a product that is listed in the New Brunswick Formulary and that contains a drug or drugs in the same amount, of the same active ingredients and in the same dosage form as that directed by a prescription;(produit pharmaceutique interchangeable)
“manufacturer’s list price” means the published price at which a drug is sold to a participating provider or wholesaler, excluding any mark-up for distribution;(prix courant du fabricant)
“maximum allowable price” means the maximum allowable price determined under section 12.1;(prix maximum autorisé)
“Medicare Branch” means the Medicare and Prescription Drug Payment Branch of the Department of Health;(Direction de l’assurance-maladie)
“original product” means the product that holds the original notice of compliance in a category for a particular strength and dosage form;(produit original)
“participating provider” means
(dispensateur participant)
(a)
a pharmacist or a dispensing physician who has elected in accordance with this Regulation to provide entitled services within the provisions of the Act and this Regulation, or
(d)
where the entitled service is the drug Azidothymidine or any antiretroviral agent used only for the treatment of HIV-infected persons and the beneficiary is registered with the department as an HIV-infected person, Regional Health Authority 3 / Régie régionale de la santé 3;
“pharmacist” means a person holding a valid pharmacist’s licence under the Pharmacy Act or a person who provides entitled services in a jurisdiction outside the Province and is licensed to practise pharmacy in that jurisdiction;(pharmacien)
“pharmacy” means a shop, store or place of business holding a valid certificate of accreditation under the Pharmacy Act or licensed as a pharmacy by the licensing authority of the jurisdiction in which it operates;(pharmacie)
“prescriber” means a legally qualified medical practitioner, nurse practitioner, midwife, pharmacist, optometrist or dentist who gives a prescription;(auteur de l’ordonnance)
“prescription” means an order given by a prescriber that a specific amount of a drug or mixture of drugs be dispensed for a specific person;(ordonnance)
“price reduction” means a rebate, allowance, discount, delayed payment, refund, free goods or any other benefit of a like nature paid or credited to a pharmacy or dispensing physician by a manufacturer or wholesaler in respect of the purchase of a product that included the units dispensed, but does not include
(réduction de prix)
(a)
a discount for prompt payment that is made within thirty days after the sale of the product to the pharmacy or dispensing physician if the discount does not exceed two per cent of the net purchase price, and
(b)
a delayed payment by the pharmacy or dispensing physician unless the payment is made one hundred twenty days after the product is delivered to the pharmacy or dispensing physician, in which case the delayed payment is deemed to be a benefit of 1.5 per cent of the net purchase price per month;
“programme” Repealed: 92-94
“reasonable and customary purchasing practices” means purchasing sufficient quantities to satisfy anticipated sales of a product and maintenance of appropriate inventory levels based on generally accepted business principles;(pratiques d’achat raisonnables et courantes)
“single source product” means a drug that is produced by only one manufacturer;(produit à origine unique)
“spouse” means, in relation to any person, a person who is married to and residing with that person or who, not being married to that person, is residing with that person and who has cohabited continuously in a conjugal relationship with that person for at least one year;(conjoint)
“usual, customary and reasonable charge” means the price normally charged by a pharmacy to any of the pharmacy’s customers who are not beneficiaries.(frais usuels, courants et raisonnables)
85-7; 85-119; 86-101; 86-152; 86-194; 87-36; 87-61; 88-23; 88-205; 88-251; 88-266; 89-51; 90-85; 90-112; 90-178; 92-94; 93-10; 97-62; 98-19; 2000, c.26, s.248; 2000-58; 2002-34; 2002-57; 2006, c.16, s.141; 2008-140; 2008, c.45, s.23; 2012-61; 2016-31; 2016-49; 2018-20; 2020, c.1, s.4