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AR 242/98 CANCER PROGRAMS REGULATION

(Consolidated up to 2/2006)

ALBERTA REGULATION 242/98

Cancer Programs Act

CANCER PROGRAMS REGULATION

Table of Contents

                1       Interpretation

Part 1
Cancer Registry

                2       Cancer Registry

                3       Information from physicians

                4       Information from laboratories


Part 2
Cancer Drug Program

                5       Cancer drug program

                6       Group 1 cancer drugs

                7       Group 2 cancer drugs

                8       Group 3 cancer drugs

                9       Prescription

              10       Drug administration

Part 3
Investments

              11       Investment of money

Part 3.1
General

           11.1       Health Care Protection Act records

Part 4
Repeal, Expiry and Coming into Force

              12       Repeal

              13       Expiry

              14       Coming into force

Interpretation

1(1)  In this Regulation,

                                 (a)    “board medical staff” means the physicians appointed as members of the medical staff of the Cross Cancer Institute or the Tom Baker Cancer Centre;

                                 (b)    “Board Pharmacy” means the pharmacy at the Cross Cancer Institute and the Tom Baker Cancer Centre, a pharmacy established by the board and a pharmacy that has a contract with the board to provide pharmacy services;

                                 (c)    “Board Pharmacy and Therapeutics Committee” means the Alberta Cancer Board Pharmacy and Therapeutics Committee;

                                 (d)    “cancer drug” means a drug that is specified in the Schedule;

                                 (e)    repealed AR 19/2005 s2;

                                  (f)    “eligible member of the board medical staff” means a member of the board medical staff who has been authorized by the President or the President’s designate to review prescriptions for cancer drugs and to prescribe cancer drugs;

                                 (g)    “eligible resident” means a person who

                                           (i)    is a resident of Alberta,

                                          (ii)    is registered in the Cancer Registry with a disease classified in the International Classification of Diseases for Oncology referred to in subsection (2),

                                         (iii)    holds an Alberta personal health number,

                                         (iv)    requires cancer drugs to treat cancer, and

                                          (v)    is an inpatient or outpatient of a cancer hospital, clinic or program operated by the board;

                                 (h)    repealed AR 19/2005 s2;

                                  (i)    “President” means the chief executive officer appointed pursuant to section 11 of the Act;

                                  (j)    “reportable cancer” means a cancer on the list adopted under subsection (2);

                                 (k)    “Schedule” means the schedule of cancer drugs established pursuant to section 16.1 of the Act.

(2)  The list of all diseases in the International Classification of Diseases for Oncology, as amended from time to time, published by the World Health Organization, is adopted as the list of reportable cancers.

AR 242/98 s1;251/2001;19/2005

Part 1
Cancer Registry

Cancer Registry

2(1)   There is hereby established the Cancer Registry.

(2)  The board must register the information referred to in sections 3 and 4 in the Cancer Registry.

Information from physicians

3   The following information must be provided to the board under section 34(1) of the Act by a physician who knows or has reason to believe that a patient under the physician’s care or supervision has a reportable cancer:

                                 (a)    the following patient data:

                                           (i)    name, including last name, maiden name if applicable and first name, and initials for any other names;

                                          (ii)    gender;

                                         (iii)    date of birth;

                                         (iv)    place of birth;

                                          (v)    Alberta personal health number;

                                         (vi)    patient’s address (including postal code) at time of diagnosis;

                                        (vii)    vital status;

                                       (viii)    diagnosis;

                                         (ix)    date of diagnosis;

                                          (x)    method of diagnosis;

                                         (xi)    name and address of physician;

                                        (xii)    treatment (type and date) administered to the patient;

                                       (xiii)    place, date and cause of death;

                                 (b)    the following tumour data:

                                           (i)    anatomical localization of the tumour;

                                          (ii)    morphology of the tumour;

                                         (iii)    histologic grade of tumour;

                                         (iv)    stage of the disease at diagnosis;

                                          (v)    site of metastasis, if appropriate;

                                         (vi)    laterality of tumour, if appropriate;

                                        (vii)    multi-focal tumour, if appropriate;

                                       (viii)    other critical prognostic variables, if appropriate;

                                         (ix)    all clinical and epidemiological information pertinent to the diagnosis and treatment.

AR 242/98 s3;251/2001;19/2005

Information from laboratories

4   The following information must be provided to the board under section 34(2) of the Act by the person responsible for the laboratory where an examination of a specimen from a human body is conducted that reveals a reportable cancer:

                                 (a)    the following laboratory data:

                                           (i)    name of the laboratory;

                                          (ii)    address of the laboratory;

                                 (b)    the following patient data:

                                           (i)    name, including last name, maiden name if applicable and first name, and initials for any other names;

                                          (ii)    address, if available;

                                         (iii)    Alberta personal health number;

                                         (iv)    date of test result (final report);

                                 (c)    the following site-specific tumour data:

                                           (i)    anatomical localization of the tumour;

                                          (ii)    morphology of the tumour;

                                         (iii)    histologic grade of tumour, if appropriate;

                                         (iv)    information relevant to staging, if appropriate;

                                          (v)    site of metastasis, if appropriate;

                                         (vi)    laterality of tumour, if appropriate;

                                        (vii)    other critical prognostic variables, if appropriate;

                                       (viii)    other information that the laboratory considers appropriate.

AR 242/98 s4;251/2001

Part 2
Cancer Drug Program

Cancer drug program

5   The board may provide cancer drugs in the Schedule at no charge to eligible residents for the treatment of cancer in accordance with this Part and the Schedule.

AR 242/98 s5;19/2005

Group 1 cancer drugs

6(1)  Cancer drugs in group 1 of the Schedule may be provided by a Board Pharmacy pursuant to a prescription written by a person who is authorized by the board to prescribe cancer drugs and who is a physician, a regulated member under the Health Professions Act authorized to prescribe drugs or a person authorized to prescribe drugs pursuant to another enactment.

(2)  Repealed AR 2/2006 s2.

AR 242/98 s6;19/2005;2/2006

Group 2 cancer drugs

7  Cancer drugs in group 2 of the Schedule may be provided by a Board Pharmacy only if the initial prescription is written by a member of the board medical staff, but a subsequent prescription for the same patient may be written by a person authorized by the board to prescribe cancer drugs and who is a physician, a regulated member under the Health Professions Act authorized to prescribe drugs or a person authorized to prescribe drugs pursuant to another enactment.

AR 242/98 s7;19/2005

Group 3 cancer drugs

8   Cancer drugs in group 3 of the Schedule may be provided by a Board Pharmacy if

                                 (a)    the cancer drugs are part of a research or clinical drug trial approved by the board and the prescription is written by the principal investigator or co-investigator in charge of the trial, or

                                 (b)    the cancer drugs are approved for special access by Health Canada and a prescription is written by an eligible member of the board medical staff.

AR 242/98 s8;19/2005

Prescription

9(1)   A prescription referred to in section 6, 7 or 8 must meet the requirements with respect to the cancer drug set out in the column headed “criteria” in the Schedule and must be in the dosage form set out in the Schedule.

(2)  A prescription for a cancer drug must include the Cancer Registry number issued by the board.

Drug administration

10   Subject to this Regulation, cancer drugs may be

                                 (a)    administered directly to patients of cancer hospitals, clinics or programs operated by the board, or

                                 (b)    sent to other health care providers or Board Pharmacies for administration or provision directly to the patient.

AR 242/98 s10;19/2005

Part 3
Investments

Investment of money

11(1)  When the board makes investments it must adhere to investment and lending policies, standards and procedures that a reasonable and prudent person would apply in respect of a portfolio of investments to avoid undue risk of loss and obtain a reasonable return.

(2)  A contravention of subsection (1) by the board does not of itself make any agreement or transaction void or invalid.

Part 3.1
General

Health Care Protection Act records

11.1(1)  Subject to subsection (2), the board shall keep a statement referred to in section 5(3) of the Health Care Protection Act for a period of at least 10 years from the date of discharge of the patient from the hospital.

(2)  Where the patient was a minor at the time the insured surgical service was provided, the board shall keep the statement for a period ending

                                 (a)    10 years after the date of discharge of the patient from the hospital, or

                                 (b)    2 years after the patient’s 18th birthday,

whichever is longer.

(3)  The board shall keep for a period of 6 years after they are created all records, documents and books of account that are necessary in order to determine whether the Health Care Protection Act and the regulations under it have been complied with as they apply with respect to the provision of enhanced medical goods or services and non‑medical goods or services

                                 (a)    in connection with the provision of an insured surgical service, or

                                 (b)    that arise out of a stay at a hospital operated by the board.

(4)  The board may store statements, records, documents and books of account referred to in this section in any format that will provide a copy of the statement, records, document or book of account in a legible written form within a reasonable time.

AR 207/2000 s2

Part 4
Repeal, Expiry and
Coming into Force

Repeal

12   The Cancer Regulations (AR 172/58) are repealed.

Expiry

13   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on September 30, 2014.

AR 242/98 s13;346/2003;19/2005

Coming into force

14   This Regulation comes into force on the coming into force of the Cancer Programs Amendment Act, 1992.

Schedule   Repealed AR 19/2005 s10.

 
 
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