Narcotics Safety and Awareness Act, 2010

Bills that amended this Act0

No published amendment links yet for this Act.

Sections37

• 1Purpose

  1 The purpose of this Act is to seek to improve the health and safety of Ontarians by permitting the monitoring, analyzing and reporting of information, including personal information, related to the prescribing and dispensing of monitored drugs, in order to, (a) contribute to and promote appropriate prescribing and dispensing practices for monitored drugs in order to support access to monitored drugs for medically appropriate treatment, including treatment for pain and addiction; (b) identify and reduce the abuse, misuse and diversion of monitored drugs; and (c) reduce the risk of addiction and death resulting from the abuse or misuse of monitored drugs. 2010, c. 22, s. 1.

• 1.
• 17.
• 2Definitions

  2 In this Act, “dispenser” means a person authorized, under a health profession Act as defined in the Regulated Health Professions Act, 1991, to dispense drugs or another person designated by the regulations; (“préposé à la préparation”) “Minister” means the Minister of Health or such other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; (“ministre”) “monitored drug” means, (a) a controlled substance as defined in the Controlled Drugs and Substances Act (Canada), unless the controlled substance has been excluded by the regulations under this Act, and (b) any other drug designated by the regulations; (“médicament contrôlé”) “operator of a pharmacy” means, (a) the holder of a certificate of accreditation for the operation of a pharmacy under section 139 of the Drug and Pharmacies Regulation Act, or (b) the operator of a ph…

• 2.
• 19.
• 3Application

  3 This Act does not apply to any person provided for in the regulations. 2010, c. 22, s. 3. Powers and Functions of the Executive Officer

• 3.
• 4Executive officer

  4 (1) The executive officer under the Ontario Drug Benefit Act is the executive officer for the purpose of this Act. 2010, c. 22, s. 4 (1). Powers and functions of executive officer (2) The executive officer may exercise the following powers and perform the following functions under this Act: 1. Monitoring and analyzing information, including personal information, related to the prescribing and dispensing of monitored drugs. 2. Collecting, using and disclosing information collected under this Act in accordance with this Act, and co-operating with other organizations, including colleges under the Regulated Health Professions Act, 1991, to achieve the purposes of this Act. 3. Recommending drugs to be included in or excluded from the definition of “monitored drug”. 4. Reporting to the public on any matter related to this Act as the executive officer considers appropriate. 5. Exercising any …

• 4.
• 5Collection by Minister or executive officer

  5 (1) The Minister or the executive officer may directly or indirectly collect personal information, subject to any conditions provided for in the regulations, for the purpose of this Act. 2010, c. 22, s. 5 (1). Use by Minister or executive officer (2) The Minister or the executive officer may use personal information, subject to any conditions provided for in the regulations, for the purpose of this Act. 2010, c. 22, s. 5 (2). Disclosure by Minister or executive officer (3) The Minister or the executive officer may disclose personal information, subject to any conditions provided for in the regulations, if the disclosure is permitted by this Act. 2010, c. 22, s. 5 (3). Same (4) The Minister or the executive officer may disclose personal information if the disclosure is permitted by the Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act…

• 5.
• 6Notice

  6 In addition to any notice requirements imposed under the Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act, 2004, the Minister shall ensure that a notice is made available to prescribers, dispensers, operators of pharmacies and the public in respect of the Minister’s or the executive officer’s collection, use and disclosure of personal information under this Act. 2010, c. 22, s. 6.

• 6.
• 7Collection by prescriber or dispenser

  7 For the purpose of complying with section 10 or 11, a prescriber or dispenser may collect the information, including personal information, required by those sections. 2010, c. 22, s. 7.

• 7.
• 8Disclosure by prescriber, dispenser or operator of a pharmacy

  8 (1) If directed by the Minister or the executive officer, a prescriber, dispenser or operator of a pharmacy shall disclose the following information to the Minister or the executive officer for the purpose of this Act: 1. The information, including personal information, required under subsection 10 (1) or 11 (1). 2. Any information, including personal information, required by the regulations. 2010, c. 22, s. 8 (1). Time, form and manner of disclosure (2) A prescriber, dispenser or operator of a pharmacy shall disclose the information in subsection (1) at the time and in the form and manner that the Minister or the executive officer directs. 2010, c. 22, s. 8 (2). Minister or executive officer may direct (3) The Minister’s or the executive officer’s direction to disclose information under this section may be made by any means he or she considers appropriate. 2010, c. 22, s. 8 (3).

• 8.
• 9False information, etc.

  9 No person shall provide the Minister or the executive officer with information that the person knows to be false or misleading. 2010, c. 22, s. 9. Prescribers and Dispensers

• 9.
• 10Prescription information

  10 (1) A prescriber who prescribes a monitored drug shall record the following information on the prescription: 1. The registration number on the certificate of registration issued to the prescriber by the College, as defined in the Regulated Health Professions Act, 1991, of which he or she is a member. 2. The name of the person for whom the monitored drug is prescribed. 3. The name, strength (where applicable) and quantity of the monitored drug. 4. The directions for use of the monitored drug. 5. The name and address of the prescriber. 6. The date on which the monitored drug is prescribed. 7. Any other information, including personal information, required by the regulations. 2010, c. 22, s. 10 (1). No limitation (2) Nothing in this section limits or replaces the application of any other Act with respect to the information a prescriber must record on a prescription. 2010, c. 22, s. 10 (2…

• 10.
• 11Dispensing information

  11 (1) A dispenser who dispenses a monitored drug shall keep a record of the following information with respect to the prescription: 1. The information required under section 10. 2. The address, date of birth and gender of the person for whom the monitored drug is prescribed. 3. The drug identification number. 4. The quantity of the monitored drug dispensed. 5. The length of therapy, in number of days, of the monitored drug. 6. The date on which the monitored drug is dispensed. 7. The prescription number. 8. Any other information, including personal information, required by the regulations. 2010, c. 22, s. 11 (1). Identity verification (2) A dispenser shall ensure that any identity verification requirements that are required by the regulations are met before dispensing a monitored drug. 2010, c. 22, s. 11 (2). False information, etc. (3) No person shall provide a dispenser with informati…

• 11.
• 12Operator of a pharmacy

  12 The operator of a pharmacy shall ensure that every dispenser employed or retained by the pharmacy complies with the provisions of this Act. 2010, c. 22, s. 12. Inspection

• 12.
• 13Inspectors

  13 (1) The Minister may appoint inspectors for the purpose of this Act. 2010, c. 22, s. 13 (1). Inspection (2) An inspector may, without a warrant and without notice, at any reasonable time, enter a place of practice of a prescriber or dispenser that is not a dwelling and conduct inspections for the purpose of determining compliance with the requirements under this Act. 2010, c. 22, s. 13 (2). Identification (3) An inspector conducting an inspection shall produce, on request, evidence of his or her appointment. 2010, c. 22, s. 13 (3). Confidentiality (4) An inspector appointed under subsection (1) shall preserve secrecy with respect to all personal information that comes to his or her knowledge in the course of conducting an inspection, and the inspector shall not communicate any personal information to any other person except as may be required in connection with the administration of t…

• 13.
• 14Offence

  14 (1) A person is guilty of an offence if the person, (a) fails to disclose information as directed by the Minister or the executive officer in accordance with the requirements of section 8; (b) fails to comply with the requirements of section 10, 11 or 12; (c) provides false or misleading information to the Minister, the executive officer, a dispenser or an inspector in connection with the administration of this Act or conceals or destroys anything the person knows to be relevant to an inspection contrary to the requirements of section 9 or subsection 11 (3) or 13 (10); or (d) obstructs, hinders or interferes with or attempts to obstruct, hinder or interfere with an inspector conducting an inspection or refuses to answer questions on matters relevant to the inspection contrary to the requirements of subsection 13 (9). 2010, c. 22, s. 14 (1). Penalty, individual (2) An individual who is…

• 14.
• 15Presiding judge

  15 The Crown may, by notice to the clerk of the Ontario Court of Justice, require that a provincial judge preside over a proceeding in respect of an offence under this Act. 2010, c. 22, s. 15. General

• 15.
• 16No personal liability

  16 (1) No action or other proceeding shall be commenced against the Minister, the executive officer or any person employed or retained by the Crown with respect to any act done in good faith in the execution or intended execution of the person’s power or function or for any alleged neglect or default in the execution in good faith of the person’s power or function under this Act. 2010, c. 22, s. 16 (1). Crown liability (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of any liability to which it would otherwise be subject. 2010, c. 22, s. 16 (2); 2019, c. 7, Sched. 17, s. 124. No action or proceeding against prescriber, dispenser or operator of a pharmacy (3) No action or other proceeding shall be commenced against an individual who is a prescriber, dispenser or operator of a pharmacy for any act done in good faith i…

• 16.
• 17Regulations

  17 (1) The Lieutenant Governor in Council may make regulations, (a) designating drugs to be included in or excluded from the definition of “monitored drug”; (a.1) designating persons for the purposes of the definition of a “dispenser” or “prescriber”; (b) excluding a person from the application of this Act, or from one or more provisions of this Act, subject to the conditions, if any, provided for in the regulations; (c) for the purpose of paragraph 5 of subsection 4 (2), specifying additional powers or functions of the executive officer under this Act; (d) specifying requirements or conditions in respect of the collection, use or disclosure of personal information by the Minister or the executive officer under this Act; (e) governing the notice that is required to be made available under section 6 in respect of the collection, use and disclosure of personal information by the Minister o…

• 18

  18 Omitted (provides for coming into force of provisions of this Act). 2010, c. 22, s. 18.

• 19

  19 Omitted (enacts short title of this Act). 2010, c. 22, s. 19. ______________