Acts and Regulations

P-15.05 - Prescription Monitoring Act

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Current to 1 January 2024
CHAPTER P-15.05
Prescription Monitoring Act
Assented to December 18, 2009
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1The following definitions apply in this Act.
“advisory committee” means the Prescription Monitoring Program Advisory Committee established under section 9.(comité consultatif)
“Director” means the Director of the Prescription Monitoring Program appointed under section 5.(directeur)
“dispenser” means an individual who is entitled under an Act of the Legislature to dispense drugs, except an individual who is entitled under the Veterinarians Act to dispense drugs, or a member of a class of individuals prescribed by regulation.(préparateur)
“licensed pharmacist” means an individual who is registered as a pharmacist with the New Brunswick College of Pharmacists and who holds a licence issued under section 31 of the Pharmacy Act.(pharmacien titulaire de permis)
“licensing authority” means the following bodies with statutory responsibility for the discipline of health care providers or to regulate the quality or standards of professional services provided by health care providers: (organisme chargé de la délivrance des permis)
(a) the College of Physicians and Surgeons of New Brunswick;
(b) the Dental Society of New Brunswick;
(c) the New Brunswick College of Pharmacists;
(c.1) the Nurses Association of New Brunswick;
(c.2) the Midwifery Council of New Brunswick;
(c.3) the New Brunswick Association of Optometrists;
(c.4) the New Brunswick Podiatry Association; and
(d) any other body designated by regulation.
“member” , in relation to a licensing authority, means a person who is registered with a licensing authority and who holds a licence issued by that licensing authority.(membre)
“Minister” means the Minister of Health.(ministre)
“monitored drug” means a drug that is in a class of drugs established by the advisory committee.(médicament contrôlé)
“participant” means a prescriber or dispenser registered in the program under section 6. (participant)
“patient monitoring agreement” Repealed: 2025, c.18, s.1
“personal health information” means personal health information as defined in the Personal Health Information Privacy and Access Act.(renseignements personnels sur la santé)
“pharmacy” means a pharmacy with respect to which a valid certificate of accreditation has been issued under the Pharmacy Act, other than a pharmacy designated in the regulations. (pharmacie)
“prescriber” means an individual who is entitled under an Act of the Legislature, an Act of another province or territory of Canada or an Act of the Parliament of Canada to prescribe drugs, except an individual who is entitled under the Veterinarians Act to prescribe drugs or under any similar Act of another province or territory of Canada or of the Parliament of Canada.(prescripteur)
“program” means the Prescription Monitoring Program established under section 3.(programme)
“program information” includes the information submitted under sections 10, 10.1 and 10.2(renseignements aux fins d’application du programme.)
2021, c.16, s.6; 2025, c.18, s.1
Conflict
Repealed: 2025, c.18, s.1
2025, c.18, s.1
2Repealed: 2025, c.18, s.1
2025, c.18, s.1
Prescription monitoring program
3There is established a Prescription Monitoring Program.
Purposes of the program
4The program shall provide participants the ability to monitor the prescribing or dispensing of monitored drugs to individuals or the use of monitored drugs by individuals through the use of an information network for the following purposes:
(a) to promote optimal prescribing and utilization of monitored drugs for legitimate medical purposes;
(b) to enable early identification of individuals at risk for addiction; and
(c) to reduce the misuse and abuse of monitored drugs.
2025, c.18, s.1
Director
5(1)The Minister shall appoint an employee of the Civil Service, as defined in the Civil Service Act, as Director of the Prescription Monitoring Program.
5(2)The Director may designate persons to act on the Director’s behalf.
5(3)The Director shall
(a) prepare a list of classes of drugs that may be designated as monitored drugs,
(b) evaluate patterns in the prescribing and dispensing of monitored drugs,
(c) report program information to members and to licensing authorities,
(d) inform the advisory committee with respect to information relating to the program,
(e) evaluate the effectiveness of the program,
(f) provide public education on the program’s objectives and parameters, and
(g) perform or exercise any additional power or duty assigned by the Minister or that is prescribed by regulation.
Registration in the program
6(1)On application to the Director under subsection (0.1), the Director shall register the participant in the program.
6(2)An application shall be made in the form and manner required by the Director.
2025, c.18, s.1
Information respecting the program
7A participant shall have access to program information and to other information prescribed by regulation.
Information network
8(1)The Minister shall establish and maintain an information network to monitor the prescribing, dispensing or use of monitored drugs.
8(2)Subject to this Act and the regulations, the Minister may, with respect to the information network,
(a) establish requirements for information that must be supplied to the network and the format in which the information must be supplied and may make those requirements known electronically to participants and pharmacies,
(b) establish rules, procedures and guidelines respecting the use of the information network, and
(c) establish any other requirement, rule, procedure or guideline in order to ensure the proper functioning of the information network.
8(3)The Minister may delegate, in writing, any power or duty conferred or imposed on the Minister under subsections (1) and (2) to any person.
8(4)In a delegation under this section, the Minister shall
(a) establish the manner in which the delegate is to exercise the delegated authority, and
(b) impose on the delegate any limitations, terms, conditions and requirements that the Minister considers appropriate.
8(5)The Minister may revoke, in whole or in part, a delegation under this section.
8(6)A delegate under this section shall exercise the delegated authority in the manner established in, and in accordance with any limitations, terms, conditions and requirements imposed in the delegation.
8(7)A delegate under this section shall comply with the same requirements concerning the protection, retention and secure destruction of personal health information that the Minister is required to comply with under the Personal Health Information Privacy and Access Act.
8(7.1)The information network shall send an alert to participants in any of the circumstances determined by the advisory committee.
8(8)Repealed: 2025, c.18, s.1
8(9)Repealed: 2025, c.18, s.1
2025, c.18, s.1
Access and disclosure
2025, c.18, s.1
8.1(1)Only the persons authorized by this Act and the regulations shall submit information to the information network.
8.1(2)Subject to this Act and the regulations, the Minister shall determine the persons who may have access to the information network.
8.1(3)A participant may authorize an individual to access the information network on their behalf by approving an account for that individual on the network allowing for limited access.
8.1(4)An individual referred to in subsection (3) shall comply with the same requirements concerning the protection, retention and secure destruction of personal health information that the participant is required to comply with under the Personal Health Information Privacy and Access Act.
8.1(5)In an emergency situation, an individual who is authorized under the Paramedic Act to practise paramedicine, as defined in that Act, shall have access to the information network.
8.1(6)If the Minister believes, on reasonable grounds, that an offence has been committed under this Act, the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada), the Minister may disclose information with respect to the alleged offence to the appropriate law enforcement authority.
2025, c.18, s.1
Other prescription monitoring programs
2025, c.18, s.1
8.2(1)It is permitted to use the information network to transmit information to and receive information from prescription monitoring programs operating outside of the Province.
8.2(2)For the purposes of subsection (1), the Minister shall enter into written reciprocal agreements with persons or entities outside of the Province to establish the terms and conditions for the access, use and disclosure of the prescription monitoring information.
2025, c.18, s.1
Advisory committee
9(1)There is established an advisory committee known as the Prescription Monitoring Program Advisory Committee consisting of the following members:
(a) the Director;
(b) one individual appointed by the Minister for each licensing authority nominated by each licensing authority;
(c) a prescriber appointed by the Minister;
(d) a licensed pharmacist appointed by the Minister;
(e) a person employed in the Department of Health appointed by the Minister;
(f) one individual appointed by the Minister as a public representative who has never worked as a health care provider as that term is defined in the Personal Health Information Privacy and Access Act and has never been a member of a licensing authority; and
(g) Repealed: 2025, c.18, s.1
(h) no more than four other individuals appointed by the Minister.
9(1.2)The advisory committee shall establish classes of drugs for the purposes of the definition “monitored drug” in section 1 and shall publish the classes of monitored drugs on the Government of New Brunswick website.
9(2)The advisory committee shall make recommendations and advise the Minister on
(a) Repealed: 2025, c.18, s.1
(b) policy and other matters related to the program,
(c) possible amendments to this Act or the regulations to further the purposes of the program,
(d) issues arising from the collection reporting of information under the program,
(d.1) the circumstances in which the information network shall alert participants, and
(e) any other matter established by regulation.
9(3)The Lieutenant-Governor in Council may determine the remuneration to be paid to the chair and other members of the advisory committee and may fix the rate for reimbursement of expenses incurred by them while acting on behalf of the advisory committee.
9(4)Despite subsection (3), remuneration shall not be paid to a member of the advisory committee who is employed in the Civil Service as defined in the Civil Service Act.
2025, c.18, s.1
Requirements of dispensers
2025, c.18, s.1
10(1)Repealed: 2025, c.18, s.1
10(2)When dispensing a drug to an individual, a dispenser shall submit to the information network, in the form and manner required by the Director, the following information:
(a) the Medicare number of the individual to whom a drug was prescribed or any other identifier prescribed by regulation;
(b) the first name, surname, date of birth, gender and address of the individual to whom the drug was prescribed;
(c) the first name, surname, licence number and address of the prescriber of the drug;
(d) the name, licence number, address and telephone and fax numbers of the pharmacy dispensing the drug, if applicable;
(e) the first name, surname, licence number, address and telephone and fax numbers of the dispenser of the drug;
(f) the name, strength, quantity and indication for use of the drug;
(g) the identity of the manufacturer of the drug;
(h) the date on which the drug is prescribed, the date on which the drug is dispensed and the date on which the drug is collected;
(h.1) if the drug is compounded, a list of all active ingredients and the drug identification number of all monitored drugs included in the compounded drug;
(h.2) the payment type chosen by the individual to whom the drug was dispensed; and
(i) any other information prescribed by regulation.
10(3)When dispensing a drug that was prescribed to an animal, a dispenser shall submit to the information network, in the form and manner required by the Director, the following information:
(a) the Medicare number, surname, date of birth, address and telephone number of the owner of the animal;
(b) the first name and species of the animal;
(c) the name, licence number, address and telephone and fax numbers of the pharmacy dispensing the drug, if applicable;
(d) the first name, surname, licence number, address and telephone and fax numbers of the veterinarian who prescribed the drug;
(e) the first name, surname, licence number, address and telephone and fax numbers of the dispenser of the drug;
(f) the name, strength, quantity and indication for use of the drug;
(g) the identity of the manufacturer of the drug;
(h) the date on which the drug is prescribed, the date on which the drug is dispensed and the date on which the drug is collected;
(i) if the drug is compounded, a list of all active ingredients and the drug identification number of all monitored drugs included in the compounded drug;
(j) the form of payment chosen by the individual to whom the drug was dispensed; and
(k) any other information prescribed by regulation.
10(4)When a dispenser sells a monitored drug to another dispenser, the dispenser selling the monitored drug shall submit to the information network, in the form and manner required by the Director, the following information:
(a) the name, licence number or corporate certificate number, address and telephone and fax numbers of the pharmacy selling the monitored drug, if applicable;
(b) the first name, surname and licence number of the dispenser selling the monitored drug and those of the dispenser purchasing the monitored drug;
(c) the name, licence number or corporate certificate number and address of the pharmacy or other corporation purchasing the monitored drug, if applicable;
(d) the name, strength and quantity of the monitored drug;
(e) the identity of the manufacturer of the monitored drug;
(f) the date on which the monitored drug is sold;
(g) if the drug is compounded, a list of all active ingredients and the drug identification number of all monitored drugs included in the compounded drug; and
(h) any other information prescribed by regulation.
10(5)When a dispenser purchases a monitored drug from a manufacturer or wholesale distributor, the dispenser shall submit to the information network, in the form and manner required by the Director, the following information:
(a) the name, licence number or corporate certificate number, address and telephone and fax numbers of the pharmacy or other corporation purchasing the monitored drug, if applicable;
(b) the first name, surname and licence number of the dispenser of the monitored drug;
(c) the drug identification number of the monitored drug;
(d) the date on which the monitored drug is purchased;
(e) the quantity of the monitored drug purchased; and
(f) the transaction or invoice number.
10(6)If a dispenser, other than a licensed pharmacist, does not have information to submit to the information network, the dispenser shall submit a report to that effect to the information network as required by the Director.
2025, c.18, s.1
Requirements of licensed pharmacists and pharmacies
2025, c.18, s.1
10.1Despite subsections 10(2) to (5), if a dispenser is a licensed pharmacist who is working at a pharmacy when the dispenser dispenses a drug, sells a monitored drug or purchases a monitored drug
(a) the dispenser shall record the information referred to in subsection 10(2), (3), (4) or (5), as the case may be, in the form and manner required by the Director, and
(b) the pharmacy shall submit the information referred to in subsection 10(2), (3), (4) or (5), as the case may be, to the information network in the form and manner required by the Director.
2025, c.18, s.1
Requirements of manufacturers, operators and wholesale distributors
2025, c.18, s.1
10.2A manufacturer, an operator of an outsourcing facility or repacking facility or a wholesale distributor of monitored drugs that sells a monitored drug to a participant shall submit to the information network, in the form and manner required by the Director, the following information:
(a) the name and licence number of the manufacturer, operator or wholesale distributor;
(b) the licence number of the participant;
(c) the drug identification number of the monitored drug;
(d) the date on which the monitored drug is sold; and
(e) the quantity of the monitored drug sold.
2025, c.18, s.1
Requirements of licensing authorities
2025, c.18, s.1
11(1)A licensing authority that revokes, suspends or otherwise alters the privileges of a member or pharmacy with respect to the prescribing or dispensing of a monitored drug shall notify the Director in writing within two business days after the date the licence was revoked, suspended or altered, as the case may be.
11(2)A licensing authority shall notify the Director inwriting within 30 business days after the date the licensing authority receives notification of the death of a member.
2025, c.18, s.1
Patient monitoring agreement
Repealed: 2025, c.18, s.1
2025, c.18, s.1
12Repealed: 2025, c.18, s.1
2025, c.18, s.1
Administration
13The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
Agreements
14The Minister may enter into agreements with any institution, agency, person or other Minister of the Crown for the administration of the program and the institution, agency or person shall comply with the agreement.
Actions done in good faith
15No action or other proceeding lies against the Province of New Brunswick, the Minister, the Director, the advisory committee, a licensing authority, a participant, a pharmacy, a delegate under subsection 8(3), an individual referred to in subsection 8.1(3), a party to an agreement under section 14 or any other person acting under the authority of this Act for any act done in good faith in the execution or intended execution of any duty or power under this Act or for any alleged neglect or default in the execution in good faith of any such duty or power.
2025, c.18, s.1
Prohibition
16No person shall use or disclose to another person any program information or any other information recorded in the information network except as is necessary to carry out their powers or duties under this Act or the regulations.
2025, c.18, s.1
Offences and penalties
2025, c.18, s.1
17(1)Repealed: 2025, c.18, s.1
17(1.1)A person who submits false or misleading information to the information network commits an offence punishable under Part 2 of the Provincial Offences Procedures Act as a category F offence.
17(2)A dispenser that violates or fails to comply with section 10 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.
17(2.1)A licensed pharmacist or a pharmacy that violates or fails to comply with section 10.1 commits an offence punishable under Part 2 of the Provincial Offences Procedures Act as a category C offence.
17(2.2)A manufacturer, an operator of an outsourcing facility or repacking facility or a wholesale distributor that violates or fails to comply with section 10.2 commits an offence punishable under Part 2 of the Provincial Offences Procedures Act as a category C offence.
17(3)A licensing authority that violates or fails to comply with section 11 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.
17(4)An institution, agency or person who has entered into an agreement under section 14 and who violates or fails to comply with the agreement commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
17(5)A person who violates or fails to comply with section 16 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
17(6)A person who violates or fails to comply with a provision of the regulations commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.
17(7)Repealed: 2025, c.18, s.1
17(8)If an offence under this Act or the regulations continues for more than one day,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
17(9)No prosecution for an offence under this Act or the regulations shall be commenced after 2 years from the date of the discovery of the alleged offence.
17(10)If an offence is committed by a participant, the Director shall report the offence to the licensing authority of the participant who committed the offence.
2025, c.18, s.1
Regulations
18The Lieutenant-Governor in Council may make regulations
(0.a) prescribing classes of individuals for the purposes of the definition “dispenser” in section 1;
(a) prescribing a body for the purposes of the definition “licensing authority” in section 1;
(b) Repealed: 2025, c.18, s.1
(c) designating a pharmacy for the purposes of the definition “pharmacy” in section 1;
(d) Repealed: 2025, c.18, s.1
(e) prescribing the powers or duties of the Director under paragraph 5(3)(g);
(f) prescribing other information in relation to the program to which a participant shall have access;
(g) respecting the information network, including, but not limited to, the persons who may have access to the information network and the information to be submitted to or recorded by the information network;
(h) respecting the appointment of the advisory committee, including the size, composition, the term of office, the procedures and the quorum of the advisory committee;
(i) respecting the designation of the chair and vice-chair of the advisory committee;
(j) respecting conflicts of interest pertaining to members of the advisory committee, including the circumstances that constitute a conflict of interest, the disclosure of a conflict of interest and the manner in which a conflict of interest is to be dealt with;
(k) Repealed: 2025, c.18, s.1
(l) establishing any other matter for the purposes of paragraph 9(2)(e);
(l.1) prescribing information to be included on a prescription for the purposes of subsection 9.1(1);
(m) prescribing the identifier referred to in paragraph 10(2)(a) of an individual to whom a drug is prescribed;
(n) prescribing any other information under paragraph 10(2)(i) to be submitted to the information network;
(n.1) prescribing any other information under paragraph 10(3)(k) to be submitted to the information network;
(n.2) prescribing any other information under paragraph 10(4)(h) to be submitted to the information network;
(o) Repealed: 2025, c.18, s.1
(p) prescribing, in respect of offences under the regulations, categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act;
(q) respecting any other matter or thing necessary or advisable to carry out the intent of this Act.
2025, c.18, s.1
Review of this Act
2025, c.18, s.1
19The Minister shall periodically initiate a review of this Act, with the first review to be completed no later than December 31, 2030, and subsequent reviews to be completed every five years after that.
2025, c.18, s.1
COMMENCEMENT
Commencement
20This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
N.B. This Act, except s.10(2), was proclaimed and came into force August 1, 2014.
N.B. Subsection 10(2) of this Act was proclaimed and came into force June 1, 2019.
N.B. This Act is consolidated to June 6, 2025.