Amendments to the Drug and Pharmacies Regulation Act:
DELIVERY OF MEDICATIONS
Mailing of Drugs
152. Drugs referred to in Schedules D, E, F, G and N shall be sent through the mail only by registered mail. R.S.O. 1990, c. H.4, s. 152.
Note: Effective June 4, 2008 or on an earlier day to be named by proclamation of the Lieutenant Governor, section 152 is repealed by the Statutes of Ontario, 2007, chapter 10, Schedule L, section 16 and the following substituted:
Mailing or delivering certain drugs
152. (1) Subject to subsection (2), a drug listed in Schedule I shall, if sent through the mail, only be sent by registered mail or, if delivered by another method, shall be delivered in a method that is both traceable and auditable, with a receipt for the drug signed by the patient or the patient’s agent. 2007, c. 10, Sched. L, s. 16.
Exception, federal law
(2) Where a law of Canada permits a method of delivery of a drug other than provided for in subsection (1), the law of Canada prevails. 2007, c. 10, Sched. L, s. 16.
Impending changes to the Drug and Pharmacies Regulation Act (DPRA) will directly impact pharmacies that deliver or ship medications to patients. These amendments were made to update and clarify the legislation, the intent being to ensure for the patient, the safe delivery of medication as well as to protect their personal health information.
Effective June 4, 2008 (or earlier), the DPRA s. 152 will be repealed and replaced by the amended DPRA s. 152 (1), (2). Any drug requiring a prescription, i.e. Schedule I, that is shipped or delivered will require the patient or their agent to sign that they have received the drug. In addition the method of shipping will have to be auditable and traceable.
Pharmacists using courier services or other methods of delivery should review their processes and where necessary, implement policies or procedures to comply with the new requirements. Pharmacists are responsible for ensuring patients receive the correct medication. In addition as a health care custodian they are responsible for the protection of the personal health information of patients. This means that, pharmacists should take reasonable steps when preparing prescriptions for delivery to prevent access to confidential information.
A delivery person is acting on behalf of the pharmacist and is considered an agent of the pharmacist. As such delivery or courier personnel cannot act independently or without the permission of the pharmacist regarding deliveries of prescription drugs. Pharmacists are ultimately responsible for the prescription until the patient or agent has taken custody of the delivery. In order for the delivery to be traceable and auditable, delivery personnel are expected to notify and receive permission from pharmacists for any unauthorized stops or trips that interfere with the direct delivery of medications to the patient.
Where patients indicate it is acceptable for an agent to receive their prescription order, that information should be provided to the pharmacy prior to delivery in order to avoid any confusion or unnecessary delays in the patient receiving their medication.
Wherever possible, the agent should be identified prior to a delivery and all information documented and provided to the driver or courier service. When a patient is not home and no prior arrangements have been made, the prescription can be left with an appropriate agent as determined by the pharmacist. In all cases the receipt of the prescription must be documented with a signature.
There is some belief that the patient can name the delivery person as their agent. This is not acceptable as the delivery or courier is already an agent of the pharmacist and to be named an agent of the patient would be a conflict of interest.
When a postal service is used, the pharmacist may at his/her discretion permit the parcel to be left at the local postal station if they are satisfied that the storage conditions and security of the prescription can be maintained and signature obtained.
For pharmacies with delivery personnel on staff, systems and procedures should be put in place to ensure that delivery personnel are aware of the amendments to the DPRA as well as to inform patients of the changes.
It should be emphasized to patients that the changes in the Act are implemented to ensure the safe delivery of medications to protect both the patient and the public as well as to protect a patient’s personal health information.
