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

Regulations are current to 2020-02-11 and last amended on 2019-12-09. Previous Versions

Pharmacists (continued)

Sale of Narcotics

[SOR/2019-169, s. 5]

Marginal note:Restriction

  •  (1) No pharmacist shall sell or provide narcotics except in accordance with this section and sections 34 to 36 and 45.

  • Marginal note:Exemption or written order or prescription

    (2) A pharmacist may sell or provide a narcotic to a person

    • (a) if the person is exempted under section 56 of the Act with respect to the possession of that narcotic;

    • (b) except in the case of diacetylmorphine (heroin), if the pharmacist has received a written order or prescription for the narcotic that is signed and dated by a practitioner and has verified the signature of the practitioner, if it is not known to them; or

    • (c) in the case of diacetylmorphine (heroin), if the pharmacist has received a written order or prescription for the narcotic that is signed and dated by a practitioner of medicine or a nurse practitioner and has verified the signature of the practitioner, if it is not known to them.

  • (2.1) [Repealed, SOR/2019-169, s. 6]

  • Marginal note:Methadone

    (3) A pharmacist may sell or provide methadone to the following persons, in addition to the persons referred to in subsection (2):

    • (a) a licensed dealer;

    • (b) another pharmacist;

    • (c) a hospital employee; or

    • (d) a practitioner.

  • (4) [Repealed, SOR/2018-147, s. 12]

  • SOR/81-361, s. 2
  • SOR/85-588, s. 9
  • SOR/99-124, s. 4
  • SOR/2004-237, s. 14
  • SOR/2012-230, s. 20
  • SOR/2013-119, s. 212
  • SOR/2014-51, s. 1
  • SOR/2016-230, s. 268
  • SOR/2018-37, s. 4
  • SOR/2018-147, s. 12
  • SOR/2019-169, s. 6

Marginal note:Prohibition — pharmacist or practitioner named in notice

 Subject to section 33 and despite subsections 31(2) and (3) and sections 34 to 36, no pharmacist shall

  • (a) sell or provide a narcotic, other than a verbal prescription narcotic, to a pharmacist named in a notice issued by the Minister under paragraph 48(1)(a);

  • (b) sell or provide a verbal prescription narcotic, other than a preparation mentioned in section 36, to a pharmacist named in a notice issued by the Minister under paragraph 48(1)(b);

  • (c) sell or provide a preparation mentioned in section 36 to a pharmacist named in a notice issued by the Minister under paragraph 48(1)(c);

  • (d) dispense, sell or provide a narcotic, other than a verbal prescription narcotic, to a practitioner named in a notice issued by the Minister under subsection 59(1) or fill a prescription or order for a narcotic, other than a verbal prescription narcotic, from a practitioner named in such a notice; or

  • (e) dispense, sell or provide a verbal prescription narcotic to a practitioner named in a notice issued by the Minister under subsection 59(1) or fill a prescription or order for a verbal prescription narcotic from a practitioner named in such a notice.

  • SOR/85-588, s. 10(E)
  • SOR/2003-134, s. 3
  • SOR/2019-169, s. 7

Marginal note:Exception — notice of retraction

 Section 32 does not apply to a pharmacist to whom the Minister has issued a notice of retraction of the notice

  • (a) under section 49, in respect of a pharmacist named in a notice issued by the Minister under subsection 48(1); or

  • (b) under section 60, in respect of a practitioner named in a notice issued by the Minister to under subsection 59(1).

  • SOR/2003-134, s. 3
  • SOR/2019-169, s. 8(F)

Marginal note:Verbal prescription narcotic

 Subject to section 39, a pharmacist may dispense a verbal prescription narcotic on receipt of a verbal order or prescription given by a person whom the pharmacist has taken reasonable precautions to determine is a practitioner.

  • SOR/85-588, s. 11
  • SOR/85-930, s. 6
  • SOR/2019-169, s. 9

Marginal note:Provision to hospital

  •  (1) Subject to subsection (2), a pharmacist may provide a narcotic to an employee of a hospital or a practitioner in a hospital if the pharmacist receives a written order for the narcotic signed and dated by

    • (a) the pharmacist in charge of the hospital’s pharmacy;

    • (b) except in the case of diacetylmorphine (heroin), a practitioner who is authorized by the person in charge of the hospital to sign the order; or

    • (c) in the case of diacetylmorphine (heroin), a practitioner of medicine or dentistry or a nurse practitioner who is authorized by the person in charge of the hospital to sign the order.

  • Marginal note:Signature

    (2) Before providing a narcotic under subsection (1), the pharmacist receiving the order must know the signature on the order or verify it.

  • SOR/85-588, s. 12
  • SOR/99-124, s. 5
  • SOR/2004-237, s. 15
  • SOR/2018-37, s. 5
  • SOR/2019-169, s. 10

Marginal note:Low-dose codeine preparation

  •  (1) Subject to subsection (2), a pharmacist may, without a prescription, sell or provide a preparation containing not more than 8 mg or its equivalent of codeine phosphate per tablet or per unit in other solid form or not more than 20 mg or its equivalent of codeine phosphate per 30 mL in a liquid preparation if

    • (a) the preparation contains

      • (i) two additional medicinal ingredients other than a narcotic in a quantity of not less than the regular minimum single dose for one such ingredient or one-half the regular minimum single dose for each such ingredient, or

      • (ii) three additional medicinal ingredients other than a narcotic in a quantity of not less than the regular minimum single dose for one such ingredient or one-third the regular minimum single dose for each such ingredient; and

    • (b) there is legibly and conspicuously printed on the inner label and the outer label, as those terms are defined in section A.01.010 of the Food and Drug Regulations, a caution to the following effect:

      “This preparation contains codeine and should not be administered to children except on the advice of a physician, dentist or nurse practitioner.”

  • Marginal note:Use other than for recognized medical or dental purpose

    (2) No pharmacist shall sell or provide a preparation referred to in subsection (1) if the pharmacist has reasonable grounds to believe that the preparation is to be used for purposes other than recognized medical or dental purposes.

  • SOR/78-154, s. 5
  • SOR/85-588, s. 13
  • SOR/2004-237, s. 16
  • SOR/2012-230, s. 21

Marginal note:Maximum Quantity

 A pharmacist must not use an order or prescription to dispense a narcotic after the quantity of the narcotic specified in the order or prescription has been dispensed.

  • SOR/81-361, s. 3
  • SOR/2019-169, s. 11

Records

Marginal note:Written order or prescription

 If, in accordance with a written order or prescription, a pharmacist dispenses a narcotic, other than dextropropoxyphene, the pharmacist must immediately enter in a book, register or other record maintained for such purposes

  • (a) their name or initials;

  • (b) the name, initials and municipal address of the practitioner who issued the order or prescription;

  • (c) the name and municipal address of the person named in the order or prescription;

  • (d) the name, form and quantity of the narcotic;

  • (e) the date on which the narcotic was dispensed; and

  • (f) the number assigned to the order or prescription.

  • SOR/82-1073, s. 1
  • SOR/85-588, s. 14(E)
  • SOR/2004-237, s. 17
  • SOR/2019-169, s. 11

Marginal note:Verbal order or prescription

 A pharmacist must, before dispensing a verbal prescription narcotic in accordance with a verbal order or prescription, make a written record of it that sets out

  • (a) their name or initials;

  • (b) the name, initials and municipal address of the practitioner who issued the order or prescription;

  • (c) the name and municipal address of the person named in the order or prescription;

  • (d) in accordance with the manner in which it is specified in the order or prescription, the name and quantity of the verbal prescription narcotic or the narcotic and the other medicinal ingredients contained in it;

  • (e) the directions for use given with the order or prescription;

  • (f) the date on which the verbal prescription narcotic was dispensed; and

  • (g) the number assigned to the order or prescription.

  • SOR/85-588, s. 15
  • SOR/2004-237, s. 18
  • SOR/2019-169, s. 11
 
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