BILL NO. 115
(as introduced)
1st Session, 64th General Assembly
Nova Scotia
71 Elizabeth II, 2022
Government Bill
Prescription Monitoring Act
(amended)
The Honourable Michelle Thompson
Minister of Health and Wellness
First Reading: March 31, 2022
Second Reading: April 1, 2022
Third Reading: April 7, 2022 (LINK TO BILL AS PASSED)
Explanatory Notes
(a) adds a definition for the College of Nursing; and
(b) updates the definitions of "licensing authority", "Minister" and "Program".
Clause 2 establishes the Nova Scotia Prescription Monitoring Board as an advisory board and provides that the current members of the Board shall continue to serve until replaced pursuant to the Act.
Clause 3 requires the Minister to operate a prescription-monitoring program for the Province.
Clause 4 amends the composition of the Board to
(a) increase the number of directors representing licensing authorities from three to four;
(b) add the Registrar of Nursing or a designate of the Registrar;
(c) increase the number of public members from two to four;
(d) add the Chief Medical Officer of Health or a designate and the Chief Officer of the Office of Addictions and Mental Health or a designate.
Clause 5 requires the Administrator to prepare a business plan for the Program for review by the Board and approval by the Minister.
(a) clarifies the duties of the Administrator;
(b) removes duties from the Board which is now an advisory board; and
(c) removes the requirement to set out reasons why a drug has been added to or removed from the Program in the annual report of the Administrator.
Clause 7 removes the authority of the Board to make by-laws as it is now an advisory board.
Clause 8 confirms that the Minister is the owner of the Program data and requires the Minister to allow the Board and licensing authorities access to the data for certain purposes.
(a) dissolves the body corporate known as the Nova Scotia Prescription Monitoring Board; and
(b) requires the Crown to indemnify and hold harmless a former member of the Board from any claims.
An Act to Amend Chapter 32
of the Acts of 2004,
the Prescription Monitoring Act
Be it enacted by the Governor and Assembly as follows:
1 Section 2 of Chapter 32 of the Acts of 2004, the Prescription Monitoring Act, as amended by Chapter 44 of the Acts of 2012, is further amended by
(a) adding immediately after clause (b) the following clause:
- (ba) "College of Nursing" means the Nova Scotia College of Nursing;
(b) adding "the College of Nursing," immediately after "means" in the first line of clause (f);
(c) adding "and Wellness" immediately after "Health" in the first line of clause (h); and
(d) striking out "established and operated by the Board" in the first and second lines of clause (n) and substituting "operated by the Minister".
2 Sections 3 and 4 of Chapter 32 are repealed and the following Section substituted:
- 3 (1) There is hereby established an advisory board to be known as the Nova Scotia Prescription Monitoring Board.
(2) The members of the Board before the coming into force of this Section shall continue to serve on the advisory board established under subsection (1) until they are replaced pursuant to Section 7.
3 Subsection 5(1) of Chapter 32 is amended by striking out "Board shall establish and" in the first line and substituting "Minister shall".
4 (1) Subsection 7(1) of Chapter 32 is amended by
(a) striking out "three" in the first line of clause (a) and substituting "four";
(b) striking out "Governor in Council" in the third line of clause (a) and substituting "Minister";
(c) adding immediately after clause (a) the following clause:
- (aa) the Registrar of the College of Nursing or a designate of the Registrar;
(d) striking out "two" in the first line of clause (e) and substituting "four";
(e) striking out "and" immediately after clause (e);
(f) striking out clause (f) and substituting the following clauses:
- (f) the Chief Medical Officer of Health or a designate of the Chief Medical Officer of Health; and
(g) the Chief Executive Officer of the Office of Addictions and Mental Health or a designate of the Chief Executive Officer of the Office of Addictions and Mental Health.
(2) Subsection 7(4) of Chapter 32 is amended by striking out "Governor in Council" in the last line of clause (a) and substituting "Minister".
5 Section 13 of Chapter 32 is repealed and the following Section substituted:
- 13 The Administrator shall prepare a business plan for the Program in the form prescribed by the Minister for review by the Board and the Administrator shall submit the business plan to the Minister for the Minister’s approval.
6 (1) Subsection 14(1) of Chapter 32 is amended by
(a) striking out "Board" in the first line and substituting "Administrator"; and
(b) striking out "through the Administrator," in the first line of clause (a).
(2) Subsection 14(2) of Chapter 32 is repealed.
(3) Subsection 14(3) of Chapter 32 is amended by striking out "Board" in the first and in both instances in the second lines and substituting in each case "Administrator".
(4) Subsection 14(4) is repealed.
7 Section 16 of Chapter 32 is repealed.
8 Subsection 26(2) of Chapter 32 is repealed and the following subsection substituted:
- (2) The Minister
(a) is the owner of the Program data; and
(b) shall allow the Board and licensing authorities access to the data for the purpose of promoting the appropriate use of monitored drugs and reducing the abuse and misuse of monitored drugs.
9 The body corporate known as the Nova Scotia Prescription Monitoring Board is dissolved.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2022 Crown in right of Nova Scotia. Created April 27, 2022. Send comments to legc.office@novascotia.ca.
