Food and Drug Regulations (C.R.C., c. 870)

Regulations are current to 2017-05-11 and last amended on 2017-05-05. Previous Versions

 A pharmacist may make a written request to the Minister to send to the persons and authorities specified in subsection G.03.017.2(3) a notice, issued under section G.03.017.2, advising them that recipients of the notice must not sell or provide a controlled drug other than a preparation, a preparation, or both, to that pharmacist.

  • SOR/2003-135, s. 5.
  •  (1) In the circumstances described in subsection (2), the Minister must issue a notice to the persons and authorities specified in subsection (3) advising them that licensed dealers and pharmacists practising in the notified pharmacies must not sell or provide to the pharmacist named in the notice a controlled drug other than a preparation, a preparation, or both.

  • (2) The notice must be issued if the pharmacist named in the notice has

    • (a) made a request to the Minister in accordance with section G.03.017.1 to issue the notice;

    • (b) contravened a rule of conduct established by the provincial professional licensing authority of the province in which the pharmacist is practising and that authority has requested the Minister in writing to issue the notice; or

    • (c) been found guilty in a court of law of a designated drug offence or of an offence under this Part.

  • (3) The notice must be issued to

    • (a) all licensed dealers;

    • (b) all pharmacies within the province in which the pharmacist named in the notice is registered and practising;

    • (c) the provincial professional licensing authority of the province in which the pharmacist named in the notice is registered or entitled to practise; and

    • (d) any interested provincial professional licensing authority in another province that has made a request to the Minister to issue the notice.

  • (4) Subject to subsection (5), the Minister may issue the notice described in subsection (1) to the persons and authorities specified in subsection (3), if the Minister, on reasonable grounds, believes that the pharmacist named in the notice

    • (a) has contravened any of the provisions of sections G.03.001 to G.03.016;

    • (b) has, on more than one occasion, self-administered a controlled drug, other than a preparation, contrary to accepted pharmaceutical practice;

    • (c) has, on more than one occasion, self-administered a preparation, contrary to accepted pharmaceutical practice;

    • (d) has, on more than one occasion, provided or administered a controlled drug, other than a preparation, to a person who is a spouse, common-law partner, parent or child of the pharmacist, including a child adopted in fact, contrary to accepted pharmaceutical practice;

    • (e) has, on more than one occasion, provided or administered a preparation to a person who is a spouse, common-law partner, parent or child of the pharmacist, including a child adopted in fact, contrary to accepted pharmaceutical practice; or

    • (f) is unable to account for the quantity of controlled drug for which the pharmacist was responsible under this Part.

  • (5) In the circumstances described in subsection (4), the Minister must not issue the notice referred to in subsection (1) until the Minister has

    • (a) consulted with the provincial professional licensing authority of the province in which the pharmacist to whom the notice relates is registered or entitled to practise;

    • (b) given that pharmacist an opportunity to present reasons why the notice should not be issued and considered those reasons; and

    • (c) considered

      • (i) the compliance history of the pharmacist in respect of the Act and the regulations made or continued under it, and

      • (ii) whether the actions of the pharmacist pose a significant security, public health or safety hazard, including the risk of the controlled drug being diverted to an illicit market or use.

  • SOR/2003-135, s. 5;
  • SOR/2010-222, ss. 16, 35(F).

 The Minister must provide the licensed dealers, pharmacies and provincial professional licensing authorities who were issued a notice under subsection G.03.017.2(1) with a notice of retraction of that notice if

  • (a) in the circumstance described in paragraph G.03.017.2(2)(a), the requirements set out in subparagraphs (b)(i) and (ii) have been met and one year has elapsed since the notice was issued by the Minister; or

  • (b) in a circumstance described in any of paragraphs G.03.017.2(2)(b) and (c) and (4)(a) to (f), the pharmacist named in the notice has

    • (i) requested in writing that a retraction of the notice be issued, and

    • (ii) provided a letter from the provincial professional licensing authority of the province in which the pharmacist is registered or entitled to practise, in which the authority consents to the retraction of the notice.

  • SOR/2003-135, s. 5;
  • SOR/2010-222, s. 17.

 [Repealed, SOR/2003-135, s. 5]

DIVISION 4Practitioners

  •  (1) In this section,

    administer

    administer includes to prescribe, sell or provide; (administrer)

    designated drug

    designated drug means any of the following controlled drugs:

    • (a) amphetamine and its salts,

    • (b) benzphetamine and its salts,

    • (c) methamphetamine and its salts,

    • (d) phenmetrazine and its salts, or

    • (e) phendimetrazine and its salts. (drogue désignée)

  • (2) Subject to subsections (3) and (4) and to an exemption granted under section 56 of the Controlled Drugs and Substances Act with respect to the administration of the controlled drug specified in the exemption, no practitioner shall administer a controlled drug to any person or animal.

  • (3) A practitioner may administer a controlled drug, other than a designated drug, to a person or to an animal, if

    • (a) that person or animal is a patient under his professional treatment; and

    • (b) the controlled drug is required for the condition for which the patient is receiving treatment.

  • (4) A practitioner of medicine, dentistry or veterinary medicine or a nurse practitioner may administer a designated drug to an animal or a person who is a patient under their professional treatment if the designated drug is for the treatment of any of the following conditions:

    • (a) in humans

      • (i) narcolepsy,

      • (ii) hyperkinetic disorders in children,

      • (iii) [Repealed, SOR/2012-230, s. 12]

      • (iv) epilepsy,

      • (v) parkinsonism, or

      • (vi) hypotensive states associated with anesthesia; or

    • (b) in animals, depression of cardiac and respiratory centres.

  • SOR/99-125, s. 4;
  • SOR/2004-238, s. 23;
  • SOR/2012-230, s. 12.
  •  (1) A practitioner who sells or provides a controlled drug to a person for self-administration or for administration to an animal shall, whether or not the practitioner charges for the drug, keep a record showing the name and quantity of the controlled drug sold or provided, the name and address of the person to whom it was sold or provided and the date on which it was sold or provided if the quantity of the controlled drug exceeds

    • (a) three times the maximum daily dosage recommended by the producer, maker or assembler of the controlled drug; or

    • (b) three times the generally recognized maximum daily therapeutic dosage for that controlled drug if the producer, maker or assembler has not recommended a maximum daily dosage.

  • (2) A practitioner who is required by this section to keep a record shall keep the record in a place, form and manner that will permit an inspector readily to examine and obtain information from it.

  • SOR/88-482, s. 4(F);
  • SOR/2004-238, s. 24.
 
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