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Inducement prohibition stay granted

June 4, 2014

Sobeys, operating as Safeway and Sobeys in Alberta, applied to the Court of Queen’s Bench for a judicial review of the prohibition on inducements. The judicial review is currently scheduled to be heard by the Court in January 2015.

The prohibition on inducements was to come into effect on June 10, 2014. Sobeys applied to the Court for a stay on the prohibition on inducements until the judicial review can be heard by the Court. The application for the stay was heard on May 23, 2014. On June 4, 2014, the judge made his ruling and has granted the stay until Sobeys’ application for judicial review can be heard.

Therefore, in accordance with the direction of the court, the amendments prohibiting inducements on the condition that a patient obtain a drug product or professional service will not go into effect on June 10, 2014. Those amendments are stayed until the Court hears arguments about and decides Sobeys’ application for judicial review.

When amending our Standards and Code of Ethics, our council made a carefully considered decision acting within its authority and responsibilities. When Sobeys’ application for judicial review comes before Court, the college will defend the amendments to the Code of Ethics and Standards that prohibit inducements conditional on a patient obtaining a drug product or professional service from a regulated member or licensed pharmacy.

To learn more about the prohibition and the reasons for it, please see the FAQs, amended standards, and background paper on our website.

We will keep registrants informed of developments concerning this matter.

Originally published in the June 4, 2014 issue of The Link