Proof of Eligibility
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Eligibility Criteria
Pursuant to section 3 of the Pharmacy Operations and Drug Scheduling Act, a direct owner may not be eligible to hold a pharmacy licence, or may require that conditions be imposed on the pharmacy licence if any of the following has occurred:
- A direct owner, indirect owner or manager is subject to a limitation imposed by the discipline committee that precludes him or her from being a direct owner, an indirect owner or a manager;
- A direct owner, indirect owner or manager is or has been the subject of an order or a conviction for an information or billing contravention;
- A direct owner, indirect owner or manager has, within the previous 6 years, been convicted of an offence prescribed under the Pharmaceutical Services Act for the purposes of section 45 (1) (a) (ii) of that Act;
- A direct owner, indirect owner or manager has, within the previous 6 years, been convicted of an offence under the Criminal Code (Canada), other than an offence to which the above paragraph applies;
- A direct owner, indirect owner or manager has, within the previous 6 years, had a judgment entered against him or her in a court proceeding related to commercial or business activities that occurred in relation to the provision of (i) drugs or devices, or (ii) substances or related services within the meaning of the Pharmaceutical Services Act;
- A direct owner, indirect owner or manager has, within the previous 6 years, had his or her registration with one of the following bodies suspended or cancelled:
- the College of Pharmacists of British Columbia;
- a body, in another province or in a foreign jurisdiction, that regulates the practice of pharmacy in that other province or foreign jurisdiction;
- A direct owner, indirect owner or manager has, within the previous 6 years, had limits or conditions imposed on his or her practice of pharmacy as a result of disciplinary action taken by a body referred to in the above paragraph.
Refer to the Pharmacy Licensure Guide for more information.
Proof of Eligibility
Proof of Eligibility is required from the direct owners, indirect owners and the manager of a pharmacy who are 19 years or older when they:
- Apply for a new pharmacy licence;
- Renew or reinstate a pharmacy licence.
Proof of Eligibility is also required from the newly appointed indirect owner or manager before a change of direct owner or manager occurs.
Proof of Eligibility consists of two components:
- An annual attestation; and
- A Criminal Record History submission every 5 years.
Together, they provide the information of whether a direct owner, an indirect owner or manager meets the eligibility criteria in the Pharmacy Operations and Drug Scheduling Act.
Indirect owners who are under 19 years old are exempted from completing the Proof of Eligibility. The authorized representative must complete and submit the “Proof of Eligibility Exemption” declaration form to the Licensure Department prior to submitting PODSA Form 7: Indirect Owner – Email Contacts either when renewing their pharmacy licence during the transition period, or when applying for a new pharmacy licence or change of direct owner.
Refer to the “Who Needs to Submit Proof of Eligibility” section in the Pharmacy Licensure Guide to determine who is required to submit their Proof of Eligibility based on their relationship and role with the pharmacy.
Attestation
Attestation can be completed using the electronic form on eServices or the paper version of PODSA Form 5: Manager/Direct Owner/Indirect Owner – Proof of Eligibility, depending on the type of pharmacy licence application.
For a change of indirect owner, change of manager, and pharmacy licence renewal, attestation is to be completed electronically on eServices. If you are required to submit an attestation online, you will receive an email with instructions from the College notifying you that a change application or pharmacy licence renewal application has been processed, and that you may now start completing your Proof of Eligibility through your personal eServices account. If you are not listed with the College, you will also receive a separate email with your login information.
For a change of direct owner or a new pharmacy licence application, attestation is to be completed on the paper form from all direct/indirect owners and submitted along with the change application or new pharmacy licence application.
If you are not able to attest to any of the above statements, you must also complete and submit PODSA Form 6: Manager/Direct Owner/Indirect Owner – Notice of Ineligibility,
Refer to the Pharmacy Licensure Guide for more information.
Criminal Record History
Criminal Record History (CRH) is to be submitted online once every 5 years. This is a requirement for all direct/indirect owners and the manager.
You will be provided with instructions and information needed for conducting the CRH by email.
CRH is to be submitted on or after the date you receive the instructions and before any applicable deadline, as well as through the designated webpage regardless if you already have an account with the approved vendor.
Note: The CRH under the Pharmacy Operations and Drug Scheduling Act is not the same as Criminal Record Check (CRC) under the Health Professions Act required from registrants once every 5 years.
Refer to the Pharmacy Licensure Guide for more information.