This is page numbers 5179 – 5220 of the Hansard for the 17th Assembly, 5th Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was services.

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Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Alfred Moses

Alfred Moses Inuvik Boot Lake

Thank you, Madam Chair. The Standing Committee on Social Programs conducted its public review of Bill 32, An Act to Amend the Pharmacy Act, on September 16, 2014. A clause- by-clause review was conducted the same day. The committee thanks the Minister and his staff for presenting the bill.

The bill amends the Pharmacy Act to ensure that a provision of the act relating to the establishment, administration and operation of a prescription monitoring program applies notwithstanding the Access to Information and Protection of Privacy Act.

Following the committee’s review, a motion was carried to report Bill 32 to the Assembly as ready for consideration in Committee of the Whole.

This concludes the committee’s opening comments on Bill 32. Individual Members may have questions or comments as we proceed. Thank you.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Moses. I’ll now ask Minister Abernethy if he would like to bring witnesses into the Chamber for the consideration of this bill. Mr. Abernethy.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Glen Abernethy

Glen Abernethy Great Slave

Yes please, Madam Chair.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Minister Abernethy. Does committee agree.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Agreed.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you. I’ll ask the Sergeant-at-Arms to please escort the witnesses to the table.

Minister Abernethy, for our records, could you please introduce your witnesses?

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Glen Abernethy

Glen Abernethy Great Slave

On my left is Dr. Jim Corkal, the chief clinical advisor within the Department of Health and Social Services. On my right, Ken Chutskoff, legislative counsel. Thank you.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Minister Abernethy. General comments on the bill. First I will go to Ms. Bisaro.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Wendy Bisaro

Wendy Bisaro Frame Lake

Thank you, Madam Chair. This is a very simple bill, it’s only got two clauses in it, but I just have a couple of questions with regard to clarification. This is going to allow the establishment of a prescription monitoring program and yet that’s not referenced in the bill at all. It talks about the ATIPP Act. So I’m presuming that the details around the establishment of the monitoring program are going to be either in regulation or in policy or something. So I’d appreciate an explanation as to how the prescription monitoring program is going to be described, where it will be described and where it’s going to be recorded.

My other question has to do with basically the safeguarding of info. So the department will be collecting a lot of information about prescribing of drugs and the use of drugs by various patients and clients and so on. How is the department going to safeguard that information and make sure that with a prescription monitoring program those that are monitoring the program are not going to be using the information they’re monitoring in the wrong way? Thank you.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Ms. Bisaro. Minister Abernethy.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Madam Chair. Currently the Pharmacy Act is subject to the privacy and information sharing rules under the act, Access to Information and Protection of Privacy Act, and ATIPP doesn’t currently allow for sharing of information for secondary use, and because ATIPP prevails, a prescription monitoring program could not be established under the legislation that we have today. But we heard clearly from Members that this is something that’s important, it’s something we needed to do. The new Health

Information Act would have actually allowed us to do this exact thing, but it doesn’t go live until 2015 and prescription drug abuse is something that’s a problem today.

So we felt it was important, based on suggestions and discussions with Members, that we move on this as quickly as we can so that we can begin developing a prescription monitoring program. This legislation simply changes the rules around that particular aspect and gives us the freedom to actually develop a prescription monitoring program that would not breach the different acts that are out there.

So the prescription monitoring program itself will be done and put together by a steering committee that has been developed in the department led by Dr. Corkal and it will engage pharmacists, it will engage other providers who are currently involved in providing prescriptions as well as dispensing medications. We will use different pieces of legislation to ensure that the information is not shared and the rules around the program itself, we’ll make sure that information is not shared beyond the individuals who actually need to access the information. That will include a new position that will be created, a program administrator as well.

So the information will continue to be private and protected and only identified and useable by the individuals who are involved in prescription monitoring program. For some additional details I’d like to go to Dr. Corkal.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Minister Abernethy. Dr. Corkal.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Dr. Corkal

Thank you, Madam Chair. In response to the Member’s question, I think the privacy of the information here will be very, very sensitive and the information will be very sensitive and the privacy is paramount to that information.

We will need to create many checks and balances about who has access to that information and when and even if that is available on what we call a non- nominal basis. So when it’s first looked at as screening data. you do not even know the name of the person that’s attached to it. The finer details of this we will definitely have to work out as we go to how the prescription monitoring program will work, but privacy of patients is certainly paramount to the success of this.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Dr. Corkal. General comments. Next I have Mr. Dolynny.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Daryl Dolynny

Daryl Dolynny Range Lake

Thank you, Madam Chair. Although what we have today appears to be a straightforward amendment to finally allow for the establishment of a prescription monitoring program, it is important to fundamentally understand exactly why we are doing this, what we intend to do with the monitoring program, what will be intended

oversight, what is our role nationally, and finally, what changes should we expect with prescribing and dispensing practices throughout the Northwest Territories.

Now, admittedly, if one was following the evolution of this bill, it could be argued, and I believe it was presented clearly in this House, that the Minister already had the power under the Pharmacy Act in conjunction with provisions under the Access to Information and Protection of Privacy Act of the Northwest Territories and the Personal Information Protection and Electronic Documents Act of Canada to legally direct, use, disclose personal information to this government for statistical purposes just as long as this information did not relate to an identifiable person. For a complete summation of this defence, I would reference replies to the opening address on February 26, 2014, in support.

My purpose today is not to split hairs with the Minister or the department or have any debate on privacy laws in general. What is of importance is that we finally welcome this amendment to the Pharmacy Act so we can bring what is of territorial and national importance, which is responding to the prescription drug abuse in the Northwest Territories or what I’ve referred on many occasions as a sleeping giant of all addictions.

This amendment will finally allow this government a more enhanced legislative framework in addressing prescription drug abuse in general and share in its responsibility when nationally called into action. It is paramount when dealing with addictions the government must be armed with the right information in order to understand the issues and, in turn, positively impact its victims.

This amendment today will finally set the stage of a proper baseline analysis and empirically lead us into the direction of prevention and treatment, monitoring and collective actions.

It is of importance now more than ever we must protect all Northerners from the potential misuse of prescription medications and we must tackle head- on this sleeping giant of addiction and its destructive and fatal power.

Lastly, it is of national importance that we also translate the momentum generated today into action and support our National Anti-Drug Strategy in responding to Canada’s prescription drug crisis.

Again, congratulations to the Minister and the department for listening to the concern of Members, the coroner’s office and the many Northerners in our health field.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Dolynny. Minister Abernethy.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Madam Chair. At the end of the day, we want the same

thing, which is to have a prescription monitoring program. Regardless of the fact that we have a difference of opinion on what it takes to get there, at the end of the day we’re there, and this will give us the tools we need to develop the prescription monitoring program that will benefit the people of the Northwest Territories and will be consistent with other provinces and other jurisdictions.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Abernethy. General comments. Mr. Yakeleya.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Norman Yakeleya

Norman Yakeleya Sahtu

Thank you, Madam Chair. I’ve also been very supportive and inquisitive of this Pharmacy Act, because I’m looking at the small communities like Colville Lake. We have what’s called a nursing station with a person that’s been trained to work in the communities and administer pharmacy medication from time to time to the elderly people. Is this system then hooked up to somewhere in Colville Lake, like, if they’re trying to prevent any further use of pills that could be seen as harming the person more than helping them? For example, in Colville Lake, is this through the pharmacy shops here or the health centres in the larger centres like Good Hope and Norman Wells? I guess I’m just trying to figure out the crux of it.

Maybe that could be discussed later on, but ensuring that some of the challenges to operate a nursing station in the small communities is not quite as in the larger centres. I just want to ask that, the monitoring of these medications. Do we have enough technology infrastructures in Colville Lake to say Mr. Joe is taking a little too much here, what’s going on. Or is that from the medical field or the pharmacists? Is there some kind of red light that goes on, saying that this is too much here? What’s happening? What’s going on? I just wanted to ensure that people in Colville Lake could also be assured and secure that this monitoring and tracking of prescription drugs could be also beneficial to them. Some of the older people, they don’t question, they just take the pills and sometimes they sit there all day with numbness because they don’t know the effects of some of their pills. That’s all I want to ask. Thank you.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Yakeleya. Minister Abernethy.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Glen Abernethy

Glen Abernethy Great Slave

Thank you, Madam Chair. The monitoring program itself will monitor drugs listed in the Controlled Drugs and Substances Act. It doesn’t include all medications and it doesn’t include across-the-counter non- prescription medications.

We will be working with pharmacies to develop the program. We will be working with other professionals to help us develop the program, and it will monitor those particular controlled substances. Those controlled substances, for the most part, come out of pharmacies, but there are hospitals

that do dispense some and there are health centres across the Northwest Territories that do dispense some based on a very prescribed formulary that exists in each of the health centres. The intent is to track the dispensation of those controlled substances.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you, Minister Abernethy. Mr. Yakeleya, you are good? General comments. Any further general comments?

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

Some Hon. Members

Detail.

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Detail. Okay, thank you. I will refer our colleagues to Bill 32. An Act to Amend the Pharmacy Act. Clause 1. Agreed?

---Clauses 1 and 2 inclusive approved

Consideration in Committee of the Whole of Bills and Other Matters
Consideration in Committee of the Whole of Bills and Other Matters

The Chair

The Chair Jane Groenewegen

Thank you. To the bill as a whole. Agreed?