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Drug Interchangeability and Dispensing Fee Act

R.R.O. 1990, REGULATION 936

NOTICE TO PATIENTS

Consolidation Period:  From May 27, 1996 to the e-Laws currency date.

Last amendment: 205/96.

Legislative History: 684/91, 205/96.

This is the English version of a bilingual regulation.

1. (1) For the purposes of subsection 4 (3) of the Act, the posting of the following notice clearly and prominently in or adjacent to the dispensary area so that it is readable by a person presenting a prescription is prescribed as the manner in which persons shall be informed of the right to request an interchangeable product:

 

Notice to Patients

 

(13 Millimetres bold face)

When dispensing your prescription your pharmacist may select an alternate brand of the same drug where permitted by Ontario law.

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You have the right to request an interchangeable product.  (Bold face)

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(8 Millimetre capitals and 5 Millimetre lower case)

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Ask your pharmacist if a lower priced drug is being used to dispense your prescription.

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Please feel free to consult your pharmacist about your prescription.

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(OCP Crest) ONTARIO COLLEGE OF PHARMACISTS

 

(4 Millimetre capital letters bold face)

R.R.O. 1990, Reg. 936, s. 1 (1); O. Reg. 205/96, s. 1.

(2) A notice referred to in subsection (1) shall,

(a) be 27.5 centimetres in width by 38.5 centimetres in height;

(b) be lettered in black on a yellow background; and

(c) have letters of sizes indicated in subsection (1).  R.R.O. 1990, Reg. 936, s. 1 (2).

2. (1) For the purposes of subsection 6 (4) of the Act, the posting of the following notice clearly and prominently in or adjacent to the dispensary area so that it is readable by a person presenting a prescription is prescribed as the manner in which persons shall be informed of the usual and customary dispensing fee:

OUR USUAL AND CUSTOMARY FEE for professional services WHEN DISPENSING A drug PRODUCT IS $ ………………..

R.R.O. 1990, Reg. 936, s. 2 (1); O. Reg. 205/96, s. 2.

(2) For the purposes of subsection 6 (4) of the Act, the following information is prescribed as being the information to be included in a notice referred to in subsection (1):

1. The fact that prior to dispensing and upon request the pharmacist will provide the price of the prescription to the person presenting the prescription without obligation.

2. The fact that certain prescriptions may warrant a different fee.

3. The fact that the following list of services may be included in the fee of the pharmacist in addition to the service of dispensing of the prescription, and indicating which are included in the fee,

i. the establishment of patient medication profiles,

ii. professional consultation,

iii. health care services information,

iv. after hours emergency prescription service, and

v. delivery service.

4. The fact that services other than those referred to in paragraph 3 may be included in the fee of the pharmacist and indicating the nature of the services.

5. The fact that some of the services referred to in paragraphs 3 and 4 may be available at an extra charge.

(3) A notice referred to in subsection (1) shall be,

(a) 27.5 centimetres in width by 38.5 centimetres in height; and

(b) lettered in black on a yellow background.  R.R.O. 1990, Reg. 936, s. 2 (2, 3).

3. A drug may be dispensed in less than the entire quantity prescribed,

(a) if the proper exercise of professional judgment by the dispenser so requires;

(b) when a lesser quantity is being paid for under an agreement between an insurer or other person and a beneficiary or subscriber to provide payment for health care services upon the payment of an agreed amount of money; or

(c) when a lesser quantity is being paid for under the provisions of section 18 of Ontario Regulation 201/96.  R.R.O. 1990, Reg. 936, s. 3; O. Reg. 205/96, s. 3.

4. (1) A person who dispenses a drug pursuant to a prescription shall provide a receipt to the person to whom the drug is supplied at the same time that the drug is supplied that sets out the amount being charged in respect of,

(a) a dispensing fee;

(b) the cost of the drug; and

(c) the total price of the prescription.  R.R.O. 1990, Reg. 936, s. 4 (1).

(2) Subsection (1) does not apply to a drug that does not require a prescription.  R.R.O. 1990, Reg. 936, s. 4 (2); O. Reg. 205/96, s. 4.

5. (1) Every operator of a pharmacy shall retain each invoice and purchase record, including any record of price reductions granted by manufacturers or wholesalers in the form of rebates, discounts, refunds or free goods, that is received by each pharmacy operated by the operator that relates to the purchase by the pharmacy of drug products to which the Act applies.

(2) An invoice or record referred to in subsection (1) shall be retained by the operator in the pharmacy or readily available to the pharmacy to which it relates for at least two years from the receipt of the invoice or record.  R.R.O. 1990, Reg. 936, s. 5.

 

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