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

Regulations are current to 2020-10-05 and last amended on 2019-12-09. Previous Versions

Practitioners (continued)

Notice of Prohibition of Sale (continued)

Marginal note:Notice by Minister

  •  (1) In the circumstances described in subsection (2), the Minister must send a notice to the persons and authorities specified in subsection (3) advising them that

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

    • (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 or a verbal prescription narcotic; or

    • (c) the prohibitions in both paragraphs (a) and (b) apply with respect to the practitioner named in the notice.

  • Marginal note:Circumstances requiring a notice

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

    • (a) made a request to the Minister in accordance with section 58 to send 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 the authority has requested the Minister in writing to send the notice; or

    • (c) been convicted of a designated substance offence or of a contravention of these Regulations.

  • Marginal note:Recipients

    (3) The notice must be sent to

    • (a) all licensed dealers;

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

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

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

    • (e) any provincial professional licensing authority in another province that has requested the Minister in writing to send the notice.

  • Marginal note:Other circumstances

    (4) The Minister may send the notice described in subsection (1) to the persons and authorities specified in subsection (3) if the Minister has taken the measures specified in subsection (5) and has reasonable grounds to believe that the practitioner named in the notice

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

    • (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 professional 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 professional 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 professional 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 professional practice; or

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

  • Marginal note:Measures before sending notice

    (5) The measures that must be taken before sending the notice are that 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 and entitled to practise;

    • (b) given that practitioner an opportunity to be heard; and

    • (c) considered

      • (i) the compliance history of the practitioner in respect of the Act and its regulations, and

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

  • 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
  • SOR/2019-169, s. 20

Marginal note:Notice of retraction

 The Minister must provide the licensed dealers, pharmacies and provincial professional licensing authorities who were sent a notice under subsection 59(1) with a notice of retraction of that notice if

  • (a) in the circumstance described in paragraph 59(2)(a), the requirements set out in subparagraphs (b)(i) and (ii) have been met and one year has elapsed since the notice was sent by the Minister; or

  • (b) in a circumstance described in any of paragraphs 59(2)(b) and (c) and (4)(a) to (f), the practitioner named in the notice has

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

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

  • SOR/85-588, s. 20(E)
  • SOR/2003-134, s. 5
  • SOR/2010-221, s. 17
  • SOR/2013-119, s. 223
  • SOR/2018-147, s. 22
  • SOR/2019-169, s. 20

 [Repealed, SOR/2003-134, s. 5]

Hospitals

Marginal note:General obligations

 A person who is in charge of a hospital shall

  • (a) keep or cause to be kept in a book, register or other record maintained for such purposes,

    • (i) the name and quantity of any narcotic received,

    • (ii) the name and address of the person from whom any narcotic was received and the date received,

    • (iii) the name and quantity of any narcotic used in the making or assembling of a product or compound containing that narcotic,

    • (iv) the name and quantity of any product or compound that was made or assembled and that contains that narcotic and the date on which the product or compound was made or assembled,

    • (v) the name of the patient for whom a narcotic, other than dextropropoxyphene or a verbal prescription narcotic, was dispensed,

    • (vi) the name of the practitioner ordering or prescribing a narcotic, other than dextropropoxyphene or a verbal prescription narcotic, and

    • (vii) the date a narcotic, other than dextropropoxyphene or a verbal prescription narcotic was ordered or prescribed and the form and quantity thereof;

    • (viii) to (x) [Repealed, SOR/2018-147, s. 23]

  • (b) maintain the recorded information in such form as to enable an audit to be made from time to time for a period of not less than two years from the making thereof;

  • (c) take all necessary steps to protect narcotics in the hospital against loss or theft, and report to the Minister any loss or theft of narcotics within 10 days of his discovery thereof.

  • SOR/82-1073, s. 2
  • SOR/85-588, s. 21(E)
  • SOR/2004-237, s. 24
  • SOR/2013-119, s. 224
  • SOR/2016-230, s. 275
  • SOR/2018-147, s. 23
  • SOR/2019-169, s. 21(F)

Marginal note:Providing information and assisting inspector

 A person who is in charge of a hospital shall

  • (a) furnish such information respecting the use of narcotics therein, in such form and at such times as the Minister may require;

  • (b) produce to an inspector any books, records or documents required by these Regulations to be kept;

  • (c) permit an inspector to make copies thereof or take extracts from such books, records and documents; and

  • (d) permit an inspector to check all stocks of narcotics in the hospital.

  • SOR/2019-169, s. 22(F)
 
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