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

Regulations are current to 2020-03-05 and last amended on 2019-12-16. Previous Versions

PART GControlled Drugs (continued)

DIVISION 3Pharmacists (continued)

[SOR/2019-171, s. 2(F)]

Notice of Prohibition of Sale

Marginal note:Request by pharmacist

 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

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 pharmacists practising in the notified pharmacies and licensed dealers must not sell or provide to the pharmacist named in the notice a controlled drug other than a preparation or a preparation.

  • Marginal note:Circumstances requiring a notice

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

    • (a) made a request to the Minister in accordance with section G.03.017.1 to send 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 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 this Part.

  • Marginal note:Recipients

    (3) The notice must be sent to

    • (a) all licensed dealers;

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

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

    • (d) all pharmacies in an adjacent province in which an order from the pharmacist 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 pharmacist named in the notice

    • (a) has contravened a provision of the Act or this Part;

    • (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.

  • 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 pharmacist to whom the notice relates is entitled to practise;

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

    • (c) considered

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

      • (ii) whether the actions of the pharmacist pose a risk to public health or safety, 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)
  • SOR/2019-171, s. 12

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 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 sent 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 sent, and

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

  • SOR/2003-135, s. 5
  • SOR/2010-222, s. 17
  • SOR/2019-171, s. 12

 [Repealed, SOR/2003-135, s. 5]

DIVISION 4Practitioners

Administration of Designated Drugs and Other Controlled Drugs

Marginal note:Restriction

  •  (1) Subject to subsections (2) and (3) and to an exemption granted under section 56 of the Act with respect to the administration of the controlled drug specified in the exemption, a practitioner must not administer a controlled drug to any person or animal.

  • Marginal note:Conditions

    (2) 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 under their professional treatment; and

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

  • Marginal note:Purposes

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

    • (a) in the case of persons,

      • (i) narcolepsy,

      • (ii) hyperkinetic disorders in children,

      • (iii) epilepsy,

      • (iv) parkinsonism, or

      • (v) hypotensive states associated with anesthesia; or

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

  • Marginal note:Definitions

    (4) The following definitions apply in this section.

    administer

    administer includes to prescribe, sell or provide a drug. (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)

  • SOR/99-125, s. 4
  • SOR/2004-238, s. 23
  • SOR/2012-230, s. 12
  • SOR/2019-171, s. 13
 
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