Feedback for Proposed Changes to the DPRA regulations

Pharmacist  ·  May 9, 2015

DPRA Part VI Proprietary Misconduct 19- needs revision.

Some prescription insurance companies are restricting choice of pharmacies by requiring the insured to deal with pharmacies of the insurer's choice, NOT with pharmacies of the insured's choice. The insurance companies (and the employers purchasing prescription insurance) use their dominant positlons to coerce people to obtain prescriptions from favored suppliers by such means as refusing to reimburse if prescriptions are obtained in another pharmacy, and/or arranging pricing discrimination with the insurance company's chosen pharmacy or pharmacies.

Under these circumstances, an insured employee is basically powerless regarding free choice of pharmacy. (i.e. Sign or you have no coverage.) This is where OCP's mandate to serve and protect the public and advocate for the best interests of the patient comes into play.

OCP does not have control over insurance companies and employers buying insurance, but it DOES have control over pharmacies

I suggest amending Part VI Proprietary Misconduct 19, for example, to: Entering into any agreement that restricts a person's choice of pharmacy or pharmacist with the exception of nursing homes, or without prior authorization of OCP is proprietary misconduct

The phrase "without the consent of that person" appears to be a loophole that has morphed into a noose that can throttle a patient's choice. An employee of any reasonably large company has little or no control over the employer or insurance company. That is why they need OCP to step in to protect their right to choose their own pharmacy and/or pharmacist without restraints forced upon them. Isn't there a legal term about signing under duress? That could probably be applied here.

It makes sense for a nursing home to be able to choose a single supplier, as it would be an administrative nightmare, interfering with patient care, to have e.g. 30 pharmacies supplying one hundred residents. For the rest of Ontario residents, the OCP can step in to protect their freedom of choice .

Please modify this legislation to protect the public .

Continuity of care in the pharmacy of choice needs to be protected by OCP on an ongoing basis.

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