BILL 39
An Act to Amend the Prescription
Drug Payment Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section
2.1 of the Prescription Drug Payment Act, chapter P-15.01 of the Acts
of New Brunswick, 1975, is amended
(a) by repealing subsection (1) and
substituting the following:
2.1(1)
Subject to subsection (1.1), the Minister may determine a drug, good
or service to be an entitled service for the purposes of a programme
established under this Act.
(b) by adding after subsection (1)
the following:
2.1(1.1)
An interchangeable pharmaceutical product shall not be determined
under subsection (1) to be an entitled service unless
(a) the conditions prescribed by regulation
are met, or
(b) if the conditions prescribed by regulation
have been varied by the Minister in accordance with the regulations,
those conditions, as varied, are met.
2.1(1.2)
The Minister may revoke a determination that a drug, good or service,
other than an interchangeable pharmaceutical product, is an entitled
service if he or she considers it advisable to do so.
2.1(1.3)
The Minister may revoke a determination that an interchangeable pharmaceutical
product is an entitled service if
(a) he or she considers it advisable to do
so, or
(b) the conditions prescribed by regulation
or those conditions, as varied by the Minister in accordance with
the regulations, have been breached.
(c) in subsection (2) by striking
out “prepare and maintain” and substituting “prepare,
maintain and publish”;
(d) by adding after subsection (3)
the following:
2.1(4)
A manufacturer shall provide the Minister with any information that
the Minister requires for the purposes of determining the unit price
of a drug.
2.1(5) The Minister shall prepare, maintain
and publish a list which shall specify the unit prices of interchangeable
pharmaceutical products as determined under subsection (3).
2.1(6)
For greater certainty and notwithstanding subsections (1.1) and (1.3),
an interchangeable pharmaceutical product determined by the Minister
to be an entitled service that was listed on the New Brunswick Prescription
Drug Program Formulary immediately before the commencement of this
subsection continues, subject to this Act and the regulations, to
be an entitled service until the Minister revokes the determination
in accordance with this Act.
2 Section
2.11 of the Act is amended
(a) in subsection (1)
(i) in the portion preceding paragraph (a)
by striking out “pharmaceutical manufacturer” and substituting “manufacturer”;
(ii) by repealing paragraph (a) and substituting
the following:
(a) provide the Minister with the information
prescribed by regulation and any other information that the Minister
requires, and
(b) in subsection (4)
(i) in paragraph (a) by striking out “pharmaceutical
manufacturer” and substituting “manufacturer”;
(ii) in paragraph (b) by striking out “pharmaceutical
manufacturer” and substituting “manufacturer”;
(iii) in paragraph (c) by striking out “pharmaceutical
manufacturer” and substituting “manufacturer”.
3 Section
5 of the Act is amended
(a) in subsection (1)
(i) in paragraph (c) by striking out “or”
at the end of the paragraph;
(ii) in paragraph (d) by adding “or” at the end of the paragraph;
(iii) by adding after paragraph (d) the following:
(e) who, for the purpose of the eventual dispensing
of an interchangeable pharmaceutical product as an entitled service
under this Act by a participating provider, sells the drug to the
participating provider for a price that is higher than its unit price
listed by the Minister under subsection 2.1(5);
(b) in subsection (3) by striking
out “paragraph (1)(a), (1)(a.1), (1)(a.2), (1)(b) or (1)(c)”
and substituting “paragraph (1)(a), (a.1), (a.2), (b),
(c) or (e)”.
4 Section
7 of the Act is amended
(a) by adding after paragraph (e.2)
the following:
(e.3) prescribing conditions for the purposes
of subsection 2.1(1.1) or (1.3),
which conditions may vary for different interchangeable pharmaceutical
products or classes of interchangeable pharmaceutical products;
(e.4) respecting exemptions from any condition
prescribed under paragraph (e.3);
(e.5) authorizing the Minister to vary any condition
prescribed under paragraph (e.3) in certain circumstances;
(e.6) respecting the circumstances referred to
in paragraph (e.5), including authorizing the Minister to determine
if the circumstances exist;
(e.7) imposing rules, terms, restrictions or
conditions respecting price reductions provided to participating providers
in relation to interchangeable pharmaceutical products that are entitled
services;
(b) by adding after paragraph (f.2)
the following:
(f.3) prescribing information to be provided
to the Minister under subsection 2.11(1);
(c) in paragraph (m) by striking
out “and” at the end of the paragraph;
(d) by adding after paragraph (m)
the following:
(m.1) defining any word or expression used in
but not defined in this Act for the purposes of this Act, the regulations
or both;
Commencement
5 This
Act or any provision of it comes into force on a day or days to be
fixed by proclamation.