Advertising Regulations

The Ontario College of Pharmacist’s advertising regulations, which are made under both the Pharmacy Act and the Drug and Pharmacies Regulation Act, were approved by Council in February 1996. In September 1996, Council considered a revised version that was based on input received from members and on feedback obtained during the College’s discussions with Ministry of Health officials.

See below for the final version of the advertising regulations, approved by Council and by Cabinet, beginning with some commonly asked questions and answers:

Q: When do the new advertising regulations come into effect?
A: The advertising regulations, under both Acts, were approved by Cabinet in mid-April and became law upon being published in the Ontario Gazette. They are now in effect.

Q: Am I allowed to advertise my dispensing fee?
A: The advertising regulations do not permit you to advertise your usual and customary fee alone, in isolation from the other components that make up the total prescription cost (i.e., the cost of the drug, the fee and the total prescription price). College Council considered that, in the current deregulated marketplace, advertisement of the fee on its own could potentially mislead the public to believe that the lowest advertised fee would automatically mean the lowest total price for a prescription; this may not be the case in instances where a higher markup is applied to the drug cost.

Q: What about the posting of the usual and customary fee in the pharmacy?
A: The posting of a pharmacy’s usual and customary fee, on the yellow sign provided by the College, in clear view in the dispensing area continues as a requirement under the Drug Interchangeability and Dispensing Fee Act, as does the registration of this fee by the College.

Q: What information can I advertise with respect to the ODB co-payment?
A: You may include information in an advertisement relating to the co-payment you would charge an ODB recipient for a drug product listed as an eligible product under the ODB Act providing: the advertisement is clearly targeted to the specific group of individuals who have already met the required deductible and are therefore eligible for that co-payment; and that the cost advertised is clearly understood to be the amount of the copayment that the individuals must pay.

Q: In layperson’s terms, what cannot generally be included in an advertisement?
A: As before, you may not, through any medium, advertise prescription services or information that: (i) is false or misleading; (ii) is not readily understandable to the public; (iii) is not dignified and in good taste; (iv) contains testimonials, endorsements or comparative statements; (v) contains any reference to your area of practice or expertise, unless it also discloses that you have such an area of expertise to support the advertisement; and (vi) contains any information that cannot be verified.
A: Under the new advertising regulations, you may advertise price information relating to prescription drugs, provided that the price information includes: the cost of the drug (including the markup); the fee; and the total price of the prescription.
As in the previous advertising regulations, you may not advertise the price of one drug product alone; instead, the advertisement must include the above price information relating to at least 15 different drugs, 10 of which must each belong to one of the categories found in Section 3(4) of the regulation.
In addition, the price information included in your advertisement: must be given for the standard reference quantity of each drug which, unless specified in the College guidelines, is (i) a quantity of 100 for tablets or capsules, (ii) a quantity of 100 milliliters for liquids, and (iii) a quantity of 30 grams for solid dosage forms; and it must include the following information with respect to each drug: (i) the generic name; (ii) the strength of the drug ;(iii) the brand name and the manufacturer’s name; (iv) the dosage form of the drug; (v) the quantity of the drug for which the price is quoted, and (vi) any services included in the price, such as the establishment and maintenance of patient medication profiles, professional consultations, health services information, after-hours emergency prescription services, and delivery services.

Q: What are the guidelines on use of the Point of Care symbol?
A: For guidelines on the Point of Care symbol, please click here.

Provincial Advertising Regulations

REGULATION TO AMEND ONTARIO REGULATION 681/93 MADE UNDER THE PHARMACY ACT, 1991

Note: Since January 1, 1994, Ontario Regulation 681/93 has been amended by Ontario Regulation 217/94. There are no amendments prior to 1994.

1. Ontario Regulation 681/93 is amended by adding the following section:
0.1 In this Regulation, “sell” includes distribute, give away, supply or offer to sell, and “sale” has a corresponding meaning.
2. Section 1 of the Regulation is amended by adding the following paragraphs:
21.1 Permitting, consenting to or approving, either expressly or by implication, any act that contravenes Ontario Regulation 121/97 in respect of prescription services at a pharmacy operated by a corporation of which the member is a director.
21.2 Contacting or communicating with, or causing or permitting any person to contact or communicate with, potential patients, in person, by telephone or by facsimile machine, in an attempt to solicit business.

REGULATION TO AMEND REGULATION 551 OF THE REVISED REGULATIONS OF ONTARIO, 1990 MADE UNDER THE DRUG AND PHARMACIES REGULATION ACT

Note: Since January 1, 1996, Regulation 551 has been amended by Ontario Regulation 298/96. For prior amendments, see the Table of Regulations in the Statues of Ontario, 1995.

Section 42 of Regulation 551 of the Revised Regulations of Ontario, 1990 is revoked.
Form 4 of the Regulation is amended by striking out “Part VI of” in the sixth line.

REGULATION TO AMEND ONTARIO REGULATION 297/96 MADE UNDER THE DRUG AND PHARMACIES REGULATION ACT

Note: Ontario Regulation 297/96 has not previously been amended.
1. Ontario Regulation 297/96 is amended by adding the following sections:
3. (1) In this section, “advertisement” includes an announcement, directory listing or other form of communication similar to an advertisement; “prescription services” means the compounding, dispensing or sale by retail of drugs pursuant to prescriptions and the provision of information or advice with respect to those drugs.
(2) It is a standard of accreditation of a pharmacy that the owner or operator of the pharmacy ensure that an advertisement of prescription services be available in the pharmacy be in compliance with this section.
(3) The owner or operator of a pharmacy shall not, through any medium, publish, display, distribute or use, or permit, directly or indirectly, the publication, display, distribution or use through any medium of an advertisement relating to prescription services that: (a) is false, misleading or deceptive, whether as a result of the inclusion of information or the omission of information; (b) is not readily comprehensible to the persons to whom it is directed; (c) is not dignified and in good taste; (d) contains anything that cannot be verified; (e) contains testimonials, comparative statements or endorsements; (f) contains a reference to a member’s area of practice or to a procedure or treatment available from a member practising in the pharmacy, unless the advertisement discloses whether or not the member has an area of expertise and, if the member does have such an area of expertise, the particular expertise; (g) contains references to a particular brand of equipment used to assist in providing prescription services; (h) contains information that is not relevant to the choice of a pharmacy; or (i) contains any representations as to the safety or effectiveness or an indication for use of any specified prescription drug.
(4) An advertisement by the owner or operator of a pharmacy that includes price information relating to prescription drugs shall include the price information for at least 15 different drugs, 10 of which each belong to a different one of the following drug classifications:
1. Anti-infective agents.
2. Antineoplastic agents.
3. Autonomic agents.
4. Blood formation and coagulation drugs.
5. Cardiovascular drugs.
6. Central nervous system drugs.
7. Diagnostic agents.
8. Electrolytic, caloric and water balance drugs.
9. Cough preparations.
10. Eye, ear, nose and throat preparations.
11. Gastrointestinal drugs.
12. Gold compounds.
13. Heavy metal antagonists.
14. Hormones and substitutes.
15. Oxytocics.
16. Skin and mucous membrane preparations.
17. Spasmolytics.
18. Unclassified therapeutic agents.
19. Vitamins.
(5) If an advertisement by a member includes price information relating to prescription drugs, the advertisement shall include at a minimum of the following price information with respect to each drug:
1. The dispensing fee.
2. The sum of the cost to the pharmacy plus the pharmacy’s markup.
3. The total cost for the prescription to the purchaser.
4. The time period during which the advertised price will be available.
(6) The price information referred to in subsection (5) shall be given for the standard reference quantity of each drug. However, if the prescription is supplied to a consumer in the package in which it was supplied to the pharmacy, the price information shall be given for the quantity contained in the package.
(7) The standard reference quantity for a drug is the reference quantity indicated in the guidelines titled “Standard Reference Quantity Guidelines”, dated January 30, 1997 and available from the College or, if it is not indicated in the College guidelines, the standard reference quantity of the drug is:
(a) for tablets or capsules, 100;
(b) for liquids, 100 millilitres; or
(c) 30 grams for solid dosage forms.
(8) An advertisement by a member that includes price information relating to prescription drugs shall include, in addition to the price information referred to in subsection (5), the following information with respect to each drug, in respect of which price information is included:
1. The generic name of the drug.
2. The strength of the drug.
3. The brand name and the name of the manufacturer of the drug.
4. The dosage form of the drug.
5. The quantity of the drug for which the price information is given.
6. Any of the following services that are included in the price:
i. The establishment of patient medical profiles.
ii. Professional consultation.
iii. Health care services information.
iv. After hours emergency prescription services.
v. Delivery services.
(9) In an advertisement by a member that includes price information relating to prescription drugs, equal prominence shall be given to each drug for which price information is given and, for each of those drugs, equal prominence shall be given to all the information required under subsections (5) and (8).

4. It is a standard of accreditation for a pharmacy that the owner or operator of the pharmacy that advertises price information for a prescription drug ensure that the pharmacy does not charge any purchaser, including the Minister, more, in respect of any fee, cost or amount that is required under subsection 3(5) to be part of the price information, than the amount set out in the advertisement.

5. Nothing in this Part prohibits the owner or operator of a pharmacy from publishing, displaying, distributing, or using, or permitting directly or indirectly the publication, display, distribution, or use of an advertisement that relates solely to the co-payment or dispensing fee charged by the pharmacy for supplying a drug that is listed drug product under the Ontario Drug Benefit Act to an eligible person under the Act.

REGULATION TO AMEND ONTARIO REGULATION 202/94 MADE UNDER THE PHARMACY ACT, 1991

Note: Since January 1, 1996, Ontario Regulation 202/94 has been amended by Ontario Regulation 280/96. For prior amendments, see the Table of regulations in the Statutes of Ontario, 1995.

1. Ontario Regulation 202/94 is amended by adding the following Part:

PART VI I
ADVERTISING

38. (1) In this section: “advertisement” includes an announcement, directory listing or other form of communication similar to an advertisement; “prescription services” means the compounding, dispensing or sale by retail of drugs pursuant to prescriptions and the provision of information or advice with respect to those drugs.
(2) A member shall not, through any medium, publish, display, distribute or use, or permit, directly or indirectly, the publication, display, distribution or use through any medium of an advertisement relating to prescription services that:
(a) is false, misleading or deceptive, whether as a result of the inclusion of information or the omission of information;
(b) is not readily comprehensible to the person to whom it is directed;
(c) is not dignified and in good taste;
(d) contains anything that cannot be verified;
(e) contains testimonials, comparative statements or endorsements;
(f) contains a reference to an area of practice or to a procedure or treatment, unless the advertisement discloses whether or not the member has an area of expertise and, if the member does have such an area of expertise, the particular expertise;
(g) contains references to a particular brand of equipment used to assist in providing prescription services;
(h) contains information that is not relevant to the choice of a pharmacist;
(i) contains any representations as to the safety or effectiveness or an indication for use of any specified prescription drug; or
(j) is otherwise contrary to this Part.
(3) An advertisement by a member that includes price information relating to prescription drugs shall include the price information for at least 15 different drugs, 10 of which each belong to a different one of the following drug classifications:
1. Anti-infective agents.
2. Antineoplastic agents.
3. Autonomic agents.
4. Blood formation and coagulation drugs.
5. Cardiovascular drugs.
6. Central nervous system drugs.
7. Diagnostic agents.
8. Electrolytic, caloric and water balance drugs.
9. Cough preparations.
10. Eye, ear, nose and throat preparations.
11. Gastrointestinal drugs.
12. Gold compounds.
13. Heavy metal antagonists.
14. Hormones and substitutes.
15. Oxytocics.
16. Skin and mucous membrane preparations.
17. Spasmolytics.
18. Unclassified therapeutic agents.
19. Vitamins.
(4) If an advertisement by a member includes price information relating to prescriptions drugs, the advertisement shall include at a minimum the following price information with respect to each drug:
1. The dispensing fee.
2. The sum of the cost to the pharmacist plus the pharmacist’s markup.
3. The total cost for the prescription to the purchaser.
4. The time period during which the advertised price will be available.
(5) The price information referred to in subsection (4) shall be given for the standard reference quantity of each drug. However, if the member supplies a prescription to a consumer in the package in which it was supplied to the member, the price information shall be given for the quantity contained in the package.
(6) The standard reference quantity for a drug is the reference quantity indicated in the guidelines titled “Standard Reference Quantity Guidelines”, dated January 30, 1997 and available from the College or, if it is not indicated in the College guidelines, the standard reference quantity for a drug is,
(a) for tablets or capsules, 100;
(b) for liquids, 100 millilitres; or
(c) 30 grams for solid dosage forms.
(7) An advertisement by a member that includes price information relating to prescription drugs shall include, in addition to the price information referred to in subsection (4), the following information with respect to each drug in respect of which price information is included:
1. The generic name of the drug.
2. The strength of the drug.
3. The brand name and the name of the manufacturer of the drug.
4. The dosage form of the drug.
5. The quantity of the drug for which the price information is given.
6. Any of the following list of services that are included in the price:
i. The establishment of patient medical profiles.
ii. Professional consultation.
iii. Health care services information.
iv. After hours emergency prescription services.
v. Delivery service.
(8) In an advertisement by a member that includes price information relating to prescription drugs, equal prominence shall be given to each drug for which price information is given and, for each of those drugs, equal prominence shall be given to all the information required under subsections (4) and (7).

39. It is professional misconduct for the purposes of clause 51(1)(c) of the Health Professions Procedural Code for a member who advertises price information with respect to a prescription drug to charge any purchaser, including the Minister, more, in respect of any fee, cost or amount that is required under subsection 38(4) to be part of the price information, than the amount set out in the advertisement.

40. Nothing in this Part prohibits a member from publishing, displaying, distributing or using, or permitting, directly or indirectly, the publication, display, distribution or use of an advertisement that relates solely to the co-payment or dispensing fee charged by the member for supplying a drug that is a listed drug product under the Ontario Drug Benefit Act to an eligible person under that Act.

As printed in Pharmacy Connection, May/June, 1997