PLANNED METH LAW IS 'ILLEGAL,' SAYS PRIDDY

A proposed Surrey bylaw to regulate methadone dispensing could violate some
of the most "sacrosanct" areas of public privacy, a provincial official
says.

And the governing body overseeing pharmacists' practices says that if their
members obeyed such a bylaw, they'd be in contravention of the College of
Pharmacists code of conduct, and could be subject to sanctions.

Surrey city staff presented a discussion paper on Monday proposing a
regulation that would require local pharmacists to track their methadone
clients, ensure the drug is taken as prescribed, and provide identifying
information about their customers to bylaw officers or police on demand.

The province's privacy office was aghast at that possibility.

"Without a warrant?" asked the privacy commission's assistant director of
policy and compliance, Mary Carlson. "The reality is, our patient records
are our most sacrosanct.

"The most sensitive information we keep about ourselves is information
that's in the pharmacist records, the patient information. And it's
protected every which way but loose in countless pieces of provincial
legislation."

The proposed bylaw comes as the city attempts to shut down errant pharmacies
that attract new clients and keep existing business by bending the rules.
That can involve offering recovering heroin addicts a dosage to take home,
contrary to the instructions on the prescription.

While the practice is contrary to the B.C. College of Pharmacists' code of
conduct, complying with the city's proposed bylaw would put pharmacists in
violation of that same code.

"Pharmacists have an obligation to keep information about their clients
confidential," says Brenda Osmond, deputy director for the college. "We
would hold the pharmacist accountable to their obligations in our code of
ethics and our legislation."

Several city councillors also voiced concern about pharmacists sharing such
detailed information.

Coun. Penny Priddy said she was extremely disturbed at the notion of bylaw
access to medical files.

"The breach of confidentiality in terms of medical information about people
I think would breach a number of pieces of legislation," Priddy said. "It
seems to me to be a slippery slope -- we're saying that a bylaw officer
potentially has access to yours or my medical information. I'm sorry, I find
that completely unacceptable."

City solicitor Craig MacFarlane pointed out that the city created similar
legislation regarding pawn shops to reduce the trade of stolen goods.

He told The Leader after the meeting that he had not run the proposal past
the privacy commissioner, but feels it won't be problematic. "We have the
right to inspect businesses," MacFarlane said.

The Privacy Commissioner's Office will be extremely interested in how the
final bylaw is worded.

"You collect information for a specific transaction, and it's used for that
specific transaction," Carlson said Tuesday. "What this in effect does, is
allow police to rifle through things they would normally have to have a
search warrant for."

Carlson describes the plan as "essentially a surveillance database" which
the privacy office would find "very problematic."

Couns. Bob Bose, Judy Villeneuve and Priddy opposed the bylaw, however, it
was given early approval with the majority of councillors saying the city
must do something to stop the illegal trade of methadone.

MacFarlane is expected to deliver a draft bylaw to council in the coming
weeks.

"We will be very interested in seeing what they draft," Carlson said.