Responsibilities of Managers and Owners within the New Pharmacy Ownership Requirements Jan. 23, 2018 New Pharmacy Ownership Requirements

Responsibilities of Managers and Owners within the New Pharmacy Ownership Requirements

Key changes in the amendments to the Pharmacy Operations and Drug Scheduling Act include shifting the responsibilities of applying for a new pharmacy licence, renewing a pharmacy licence, and submitting changes of pharmacy licensure information from the manager to the direct owner.  

Authorized representatives for a pharmacy need to be prepared to collect and submit all the information required to complete application and renewal processes online through the College’s eService’s site. They also need to continue to report any changes to a pharmacy’s licensure information to the College.

Learn more about how to select appropriate authorized representatives for your pharmacy in this ReadLinks article.

New Pharmacy Licence Application

The authorized representative of the direct owner of a new pharmacy will have to submit all ownership-related documents, a pharmacy diagram and fees when applying for a new pharmacy licence. 

See this article for more information about ownership structure and requirements for licensure. 

Pharmacy Licence Renewal Application

The authorized representative of the direct owner of an existing pharmacy will be responsible for ensuring all pharmacy licence renewal requirements are submitted to the College no later than 30 days before the current pharmacy licence expires. These requirements include: 

• the licence renewal application
• the licence fee
• the business licence of the pharmacy 
  • If the authorized representative of the direct owner of an existing pharmacy does not have the business licence of the pharmacy readily available when completing the pharmacy licence renewal application, he/she may delegate the upload of the business licence to the manager.  The authorized representative of the direct owner will be responsible for communicating this delegation to the manager and ensuring the business licence of the pharmacy is uploaded by the manager on eServices no later than 30 days before the pharmacy licence expires.  
• Proof of Eligibility from all applicable individuals

The College must receive all required documentation in order for the pharmacy licence renewal application to be considered complete and a new pharmacy licence to be issued.  If the College does not receive all the required documents, the pharmacy licence renewal application will be forwarded to the Application Committee for review.
 

Corporate Documentation for Pharmacy Licence Renewal (Transition Period Only)

During the transition period, pharmacies whose direct owner is a non-publicly traded corporation will be required to submit the BC Company Summary of the direct owner as well as certified copies of the central securities registry (aka shareholder register) for the direct owner and any parent companies of the direct owner that are non-publicly traded corporations. 

See this article for more information about ownership structure and requirements for licensure. 

Changes to Licensure Information 

Authorized representatives will be responsible for submitting licensure applications for making changes to any of the following licensure information:

1. Direct owner (i.e. selling a pharmacy to another party)
2. Indirect owner (i.e. adding a new indirect owner or removing a new indirect owner)
3. Manager
4. Corporation name for direct/indirect owner that is a corporation
5. Operating name (i.e. the pharmacy name)
6. Location (i.e. address)
7. Layout (i.e. renovation)

Depending on the type of change, a change application must be submitted to the College within a prescribed period, and before the effective change date, in accordance with regulations made pursuant to the Pharmacy Operations and Drug Scheduling Act, otherwise it will be referred to the Application Committee.  

The authorized representative will have access to eServices to submit applications for change of indirect owner and change of manager. All new indirect owners and new managers will be required to complete their POE before the effective date of change.   The authorized representative of the direct owner of a pharmacy will be responsible for ensuring the new indirect owner(s) or manager submits their POE before the effective change date. 

Failure to report changes in accordance with the legislative timeframe may result in referral to the Application or Inquiry Committee. 

Other Pharmacy Information

The authorized representative and manager will continue to have access to eServices in order to make changes to any of the following pharmacy information:

1. Pharmacy software used
2. Website 
3. Pharmacy services
4. Hours of operation
5. Staff roster

Pharmacy Closure 

The authorized representative and manager together will be responsible for submitting the pharmacy closure application. 
 

Manager Specific Responsibilities

The Pharmacy Manager will continue to be responsible for the actual management and operation of the pharmacy. Pharmacists hold the knowledge, skills and abilities to ensure patient safety is protected in the management and operation on a pharmacy. 

All managers must comply with all applicable duties under the Pharmacy Operations and Drug Scheduling Act, the Health Professions Act, and the College bylaws.  

Depending on the practice setting, additional responsibilities for managers are set out in sections 24 and 29 of the new Pharmacy Operations and Drug Scheduling Act Bylaws.
 

Pharmacy owners must understand and comply with legislative requirements 

All pharmacy owners are accountable for providing safe and effective care by ensuring their pharmacies are compliant with legislative requirements for pharmacies in BC.

All direct owners and indirect owners must comply with all applicable duties under the Pharmacy Operations and Drug Scheduling Act, the Health Professions Act, and the College bylaws.  

They must also read, understand, and be familiar with the federal and provincial legislation governing pharmacy practice before commencing and while holding the position as a direct owner, an indirect owner or a manager.  

Specific responsibilities of a direct owner, an indirect owner, and manager are set out in section 18 of the new PODSA Bylaws.  

The licensure section of our website is currently being updated to reflect these new requirements and a new licensure guide will be available in the coming months. 

NEW PHARMACY OWNERSHIP REQUIREMENTS READLINKS SERIES 

Watch for New Pharmacy Ownership Requirements articles each month on ReadLinks. These articles feature important elements of the new requirements for pharmacy licensure and renewals to help pharmacies prepare to meet the new requirements 
 

Related FAQs

• How can I determine the “direct owner” of my pharmacy?
• Who are the directors and officers of my corporation?
• Who are the shareholders of my corporation?  
• Can a corporation be an indirect owner?  What would that mean for my pharmacy?
• How can I tell whether my corporation (direct and indirect) is publicly traded or not? 
• What documents will I have to provide when renewing my pharmacy licence during the transition period?