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Narcotic Control Regulations (C.R.C., c. 1041)

Regulations are current to 2019-07-01 and last amended on 2019-06-17. Previous Versions

Pharmacists (continued)

 [Repealed, SOR/2003-134, s. 4]

Practitioners

  •  (1) No practitioner shall administer a narcotic to a person or animal, or prescribe, sell or provide a narcotic for a person or animal, except as authorized under this section.

  • (2) Subject to subsection (4), a practitioner may administer a narcotic to a person or animal, or prescribe, sell or provide it for a person or animal, if

    • (a) the person or animal is a patient under their professional treatment; and

    • (b) the narcotic is required for the condition for which the person or animal is receiving treatment.

  • (3) [Repealed, SOR/2018-37, s. 6]

  • (4) A practitioner of dentistry or veterinary medicine shall not administer diacetylmorphine (heroin) to an animal or to a person who is not an in-patient or out-patient of a hospital providing care or treatment to persons, and shall not prescribe, sell or provide diacetylmorphine (heroin) for an animal or such a person.

  • (5) [Repealed, SOR/2018-147, s. 16]

  • SOR/85-930, s. 7
  • SOR/99-124, s. 6
  • SOR/2001-227, s. 71
  • SOR/2004-237, s. 20
  • SOR/2012-230, s. 22
  • SOR/2013-119, s. 217
  • SOR/2013-172, s. 7
  • SOR/2016-230, ss. 269, 278
  • SOR/2016-239, s. 6
  • SOR/2018-37, s. 6
  • SOR/2018-147, s. 16
  •  (1) A practitioner who sells or provides a narcotic to a person for self-administration or for administration to an animal shall, whether or not the practitioner charges for the narcotic, keep a record showing the name and quantity of the narcotic 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 narcotic exceeds

    • (a) three times the maximum daily dosage recommended by the producer, maker or assembler of the narcotic for that narcotic; or

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

  • (2) The practitioner shall keep the record in a place, form and manner that will permit an inspector readily to examine and obtain information from it.

  • SOR/2004-237, s. 21
  • SOR/2013-119, s. 218
  • SOR/2016-230, s. 270
  • SOR/2018-147, s. 17

 A practitioner shall

  • (a) furnish to the Minister any information that the Minister may require respecting

    • (i) the use by the practitioner of narcotics received — including the administering, selling or providing of them to a person,

    • (ii) the prescriptions for narcotics issued by the practitioner; and

    • (iii) [Repealed, SOR/2018-147, s. 18]

  • (b) produce to an inspector on request any records that these Regulations require the practitioner to keep;

  • (c) permit an inspector to make copies of such records or to take extracts therefrom;

  • (d) permit an inspector to check all stocks of narcotics on the practitioner’s premises;

  • (e) retain in his possession for at least two years any record that these Regulations require him to keep;

  • (f) take adequate steps to protect narcotics in his possession from loss or theft; and

  • (g) report to the Minister any loss or theft of a narcotic within 10 days of the practitioner’s discovery of the loss or theft.

  • SOR/2004-237, s. 22
  • SOR/2013-119, s. 219
  • SOR/2016-230, s. 271
  • SOR/2018-147, s. 18

 [Repealed, SOR/2010-221, s. 14]

 The Minister must provide in writing factual information about a practitioner that has been obtained under the Act or these Regulations to the provincial professional licensing authority that is responsible for the registration or authorization of persons to practise the profession

  • (a) in a province in which the practitioner is, or was, registered or entitled to practise if

    • (i) the authority submits to the Minister a written request that sets out the practitioner’s name and address, a description of the information being sought and a statement that the information is required for the purpose of assisting a lawful investigation by the authority, or

    • (ii) the Minister has reasonable grounds to believe that the practitioner

      • (A) has contravened a rule of conduct established by the authority,

      • (B) has been found guilty in a court of law of a designated drug offence or of a contravention of these Regulations, or

      • (C) has contravened a provision of these Regulations; or

  • (b) in a province in which the practitioner is not registered or entitled to practise, if the authority submits to the Minister

    • (i) a written request that sets out the practitioner’s name and address and a description of the information being sought, and

    • (ii) either

      • (A) documentation that shows that the practitioner has applied to that authority to practise in that province, or

      • (B) documentation that shows that the authority has reasonable grounds to believe that the practitioner is practising in that province without being authorized to do so.

  • SOR/86-882, s. 2
  • SOR/2003-134, s. 5
  • SOR/2010-221, s. 17
  • SOR/2013-119, s. 220
  • SOR/2015-132, s. 2
  • SOR/2016-230, s. 272
  • SOR/2018-147, s. 19

 A practitioner may make a written request to the Minister to send to licensed dealers and pharmacies a notice, issued under section 59, advising them of one or more of the following requirements:

  • (a) recipients of the notice must not sell or provide a narcotic, other than a verbal prescription narcotic, to that practitioner;

  • (b) recipients of the notice must not sell or provide a verbal prescription narcotic to the practitioner;

  • (c) pharmacists practising in the notified pharmacies must not fill a prescription or order for a narcotic, other than a verbal prescription narcotic, written by that practitioner; or

  • (d) pharmacists practising in the notified pharmacies must not fill a prescription or order for a verbal prescription narcotic from that practitioner.

  • (e) [Repealed, SOR/2018-147, s. 20]

  • (f) and (g) [Repealed, SOR/2013-119, s. 221]

  • SOR/2003-134, s. 5
  • SOR/2013-119, s. 221
  • SOR/2016-230, s. 273
  • SOR/2018-147, s. 20
  •  (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

    • (a) licensed dealers and pharmacists practising in the notified pharmacies must not sell or provide to the practitioner named in the notice a narcotic other than a verbal prescription narcotic, a verbal prescription narcotic, or both; or

    • (a.1) [Repealed, SOR/2018-147, s. 21]

    • (b) pharmacists practising in the notified pharmacies must not fill a prescription or order from the practitioner named in the notice for a narcotic other than a verbal prescription narcotic, a verbal prescription narcotic, or both.

    • (c) [Repealed, SOR/2018-147, s. 21]

    • (d) and (e) [Repealed, SOR/2013-119, s. 222]

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

    • (a) made a request to the Minister in accordance with section 58 to issue the notice;

    • (b) contravened a rule of conduct established by the provincial professional licensing authority of the province in which the practitioner is practising and that provincial professional licensing 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 these Regulations.

  • (3) The notice must be issued to

    • (a) all licensed dealers;

    • (a.1) [Repealed, SOR/2018-147, s. 21]

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

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

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

    • (e) all pharmacies in an adjacent province in which a prescription or order from the practitioner named in the notice may be filled.

  • (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 practitioner named in the notice

    • (a) has contravened any of the provisions of section 53, 54 or 55 or paragraphs 70(a) and (b);

    • (a.1) and (a.2) [Repealed, SOR/2018-147, s. 21]

    • (b) has, on more than one occasion, self-administered a narcotic, other than a verbal prescription narcotic, under a self-directed prescription or order or, in the absence of a prescription or order, contrary to accepted medical, dental or veterinary practice;

    • (c) has, on more than one occasion, self-administered a verbal prescription narcotic under a self-directed prescription or order or, in the absence of a prescription or order, contrary to accepted medical, dental or veterinary practice;

    • (d) has, on more than one occasion, prescribed, provided or administered a narcotic, other than a verbal prescription narcotic, to a person who is a spouse, common-law partner, parent or child of the practitioner, including a child adopted in fact, contrary to accepted medical, dental or veterinary practice;

    • (e) has, on more than one occasion, prescribed, provided or administered a verbal prescription narcotic to a person who is a spouse, common-law partner, parent or child of the practitioner, including a child adopted in fact, contrary to accepted medical, dental or veterinary practice; or

    • (f) is unable to account for the quantity of narcotic for which the practitioner was responsible under these Regulations.

  • (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 practitioner to whom the notice relates is registered or entitled to practise;

    • (b) given that practitioner 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 practitioner in respect of the Act and the regulations made or continued under it, and

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

  • (6) [Repealed, SOR/2018-147, s. 21]

  • SOR/2003-134, s. 5
  • SOR/2010-221, ss. 17, 18(F)
  • SOR/2013-119, s. 222
  • SOR/2016-230, ss. 274, 278
  • SOR/2017-18, s. 25
  • SOR/2018-147, s. 21
 
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