DOCS DISMISS BYLAW

Physicians who run the methadone program in Surrey say doctors and
pharmacists won't comply with a controversial bylaw requiring pharmacists
to make methadone client lists available to police and bylaw officers.

Surrey council voted six to three in favour of the controversial
legislation Monday night. The bylaw, modified slightly since it was
introduced last week, limits access to the medical records to a police
officer with a rank of at least inspector.

The medical community, the B.C. Civil Liberties Association, and the B.C.
Privacy Commissioner's office have all sent critical letters to the city
over the past week.

The B.C. College of Physicians, which operates the methadone program in
B.C., dismisses the bylaw as a "non-issue" because it contravenes several
other senior laws.

"Our physicians won't comply with it, nor will the pharmacists," said B.C.
College of Physicians registrar Morris VanAndel. He says the city has its
priorities mixed up regarding Surrey's drug issue.

"The fact that there are 3,000 (marijuana) grow ops in the city, why is
this all (about) methadone?"

The city is placing a $5,000 fine on non-compliance.

VanAndel is joined by a chorus of other groups critical of the program,
including B.C. Privacy Commissioner David Loukidelis, who told The Leader
Monday that he'll be reviewing the bylaw and will release his findings by
the end of the week.

He believes the draft legislation could be in contravention of privacy
legislation.

"It identifies an individual as being a methadone patient, as being
drug-addicted," Loukidelis said.

"The logical inference in the vast majority of cases is that the person is
a drug addict, and I think that alone, disclosing that status is very
sensitive information."

However, police allege that some pharmacists are allowing newly recovering
heroin addicts to take the drug off premises, when the physician's
instructions are to have it consumed under supervision.

The result, police say, is that methadone is traded on the street.

Coun. Dianne Watts brought the bylaw forward, describing it as "not a road
we wanted to go down, nor perhaps should we."

She said it's not designed to ferret out who is on methadone, but an
attempt to enforce how it is dispensed.

Coun. Penny Priddy is critical of the bylaw, describing it as a "slippery
slope of invasion into private health information."

She is also concerned that, if enforced, it could represent the difference
for some heroin addicts seeking recovery.

"This bylaw has the potential to intimidate methadone users, that they may
be afraid to use or get their methadone prescription."

Couns. Barbara Steele, Judy Higginbotham, Marvin Hunt, Gary Tymoschuk and
the mayor supported the bylaw, on the grounds that senior levels of
government aren't adequately regulating methadone dispensaries.

Coun. Judy Villeneuve described the bylaw as "inappropriate," and that it
will be threatening to people trying to escape their addictions.

"I don't think we have the resources to take on this situation," Villeneuve
said, agreeing with a concern raised by Priddy.

"Where does this stop? There's a lot of other drugs on the street that are
not actually harm reduction drugs."

Hunt said the bylaw is not directed at patients but at pharmacies that bend
the rules.

"This isn't a health care problem, this is a criminal problem, and policing
is our business," Hunt said.

Coun. Bob Bose was critical of the bylaw, stating before Monday's meeting
that "bad bylaws make for bad governance."

Before giving the bylaw final approval the city will hear from health
professionals and the public on April 7 at an afternoon meeting.

People wishing to address council are encouraged to write a brief note to
the city clerk at Legislative Services, 14245 56 Ave., Surrey, B.C.,V3X 3A2.