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Benzodiazepines and Other Targeted Substances Regulations (SOR/2000-217)

Regulations are current to 2019-08-28 and last amended on 2018-10-17. Previous Versions

PART 2Pharmacists

Permitted Activities

Marginal note:Application

 This Part, other than section 57, does not apply to a pharmacist when practising in a hospital.

  • SOR/2014-260, s. 34(F)

Marginal note:Authorization

 A pharmacist may, in accordance with this Part, compound a targeted substance pursuant to a prescription.

Marginal note:Record of receipt from licensed dealer

 If a pharmacist receives a targeted substance from a licensed dealer, a pharmacist in another pharmacy or a hospital, the pharmacist must keep a record of the following information:

  • (a) the brand name of the targeted substance received or, if the targeted substance does not have a brand name, the specified name;

  • (b) the quantity and strength per unit of the targeted substance received, the number of units per package and the number of packages;

  • (c) the name and address of the licensed dealer, pharmacist or hospital that supplied it; and

  • (d) the date on which it was received.

  • SOR/2014-260, s. 39(F)

Marginal note:Prescription required

  •  (1) In addition to the activities authorized under section 55, a pharmacist may, subject to section 52, sell, provide, send, deliver or transport a targeted substance to or for an individual or for the benefit of an animal if

    • (a) the pharmacist sells or provides the substance in a container labelled in accordance with subsection (2);

    • (b) the transaction is made pursuant to a prescription

      • (i) dated and signed by a practitioner,

      • (ii) provided verbally to the pharmacist by a practitioner, or

      • (iii) transferred to the pharmacist under subsection 54(1) in accordance with subsection 54(2);

    • (c) the pharmacist has not transferred the prescription to another pharmacist; and

    • (d) when the prescription has been provided verbally, the transaction is recorded by the pharmacist in accordance with subsection (3).

  • Marginal note:Labelling required

    (2) A pharmacist who sells or provides a targeted substance to an individual must do so in a container that is labelled with the following information:

    • (a) the name and address of the pharmacy or pharmacist;

    • (b) the date of issuance of the prescription and the number given to it by the pharmacist;

    • (c) the name of the individual or animal for whose benefit the targeted substance is sold or provided;

    • (d) the name of the practitioner who issued the prescription;

    • (e) the specified name or brand name of the targeted substance;

    • (f) the quantity and, if applicable, the strength per unit of the targeted substance; and

    • (g) the directions for use specified by the practitioner.

  • Marginal note:Record of verbal prescription

    (3) A pharmacist who receives a verbal prescription for a targeted substance must, before filling it,

    • (a) record the following information:

      • (i) the name and address of the individual or animal for whose benefit the prescription is provided,

      • (ii) the date that the verbal prescription was provided,

      • (iii) the specified name or brand name of the targeted substance, as specified in the prescription,

      • (iv) the quantity and, if applicable, the strength per unit of the targeted substance,

      • (v) the name of the recording pharmacist and the name of the practitioner who issued the prescription,

      • (vi) the directions for use specified by the practitioner, and

      • (vii) if the prescription is to be refilled, the number of times it may be refilled and, if specified, the interval between refills; and

    • (b) keep a hard copy or create a written record of the prescription.

  • SOR/2010-223, s. 24

Marginal note:Refills

 A pharmacist may only refill a prescription for a targeted substance if

  • (a) the practitioner who prescribed it expressly directs that the prescription may be refilled and specifies the number of refills;

  • (b) the pharmacist makes a record of each refill in accordance with section 53;

  • (c) less than one year has elapsed since the day on which the prescription was issued by the practitioner;

  • (d) at least one refill remains on the prescription; and

  • (e) in the case where an interval between refills has been specified by the practitioner, it has expired.

Marginal note:Records

 A pharmacist who fills or refills a prescription for a targeted substance must record the following information:

  • (a) the date the prescription was filled or refilled;

  • (b) the quantity of the targeted substance provided at the original filling and at each refill;

  • (c) the pharmacist’s name or initials; and

  • (d) the number assigned to the prescription.

Marginal note:Transfer of prescription

  •  (1) A pharmacist may transfer a prescription for a targeted substance to another pharmacist, except a prescription that has already been transferred.

  • Marginal note:Additional information

    (2) Before a pharmacist sells or provides a targeted substance to an individual under a prescription transferred under subsection (1), the pharmacist must

    • (a) in the case of a verbal transfer, record the information required by subsection 51(3);

    • (b) in the case of a written transfer, have obtained from the transferring pharmacist a copy of

      • (i) the prescription written by the practitioner, or

      • (ii) the record made in accordance with subsection 51(3) of the practitioner’s verbal prescription; and

    • (c) in all cases, record

      • (i) the name and address of the transferring pharmacist,

      • (ii) the number of authorized refills remaining and, if applicable, the specified interval between refills, and

      • (iii) the date of the last refill.

  • Marginal note:Records — transferring pharmacist

    (3) A pharmacist who transfers a prescription under subsection (1) must record the date of the transfer, the name of the pharmacist to whom the prescription was transferred, the name and address of the pharmacy where that pharmacist practises and, if applicable, the number of refills that are being transferred.

  • SOR/2014-260, s. 35(F)

Marginal note:Activities without a prescription

  •  (1) A pharmacist may sell, provide, send, deliver or transport a targeted substance without a prescription to any of the following persons on receipt of an order from that person that specifies the name and quantity of the targeted substance:

    • (a) if the order is written, a licensed dealer who

      • (i) sold or provided the targeted substance, or

      • (ii) is licensed to destroy targeted substances, other than those that the licensed dealer produced, made, assembled, sold or provided;

    • (b) subject to subsection (2),

      • (i) a practitioner,

      • (ii) another pharmacist, if the other pharmacist states that the targeted substance is required because of a delay or shortfall in an order for the targeted substance placed with a licensed dealer, or

      • (iii) a hospital, if the order is placed by a pharmacist practising in the hospital or by a practitioner who is authorized to order the targeted substance on behalf of the hospital;

    • (c) the Minister, if the order is a written order signed on the Minister’s behalf; or

    • (d) a person to whom an exemption with respect to the targeted substance has been granted under section 56 of the Act, if the order is a written order and is accompanied by a copy of the exemption.

  • Marginal note:Verbal orders

    (2) In the circumstances set out in subparagraphs (1)(b)(i) to (iii), if the order is verbal, the pharmacist must record the following information:

    • (a) the name and address of the pharmacist or practitioner placing the order;

    • (b) if the order was placed on behalf of an establishment, the name and address of the establishment;

    • (c) the date of the order;

    • (d) the specified name or the brand name of the targeted substance ordered, as specified in the order;

    • (e) the quantity and, if applicable, the strength per unit of the targeted substance; and

    • (f) the name of the recording pharmacist.

  • Marginal note:Records

    (3) A pharmacist who sells, provides, sends, delivers or transports a targeted substance without a prescription must keep a record of the following information:

    • (a) the brand name of the targeted substance or, if the targeted substance does not have a brand name, the specified name;

    • (b) the quantity and strength per unit of the targeted substance;

    • (c) the name and address of the person referred to in subsection (1) to whom the targeted substance was sold, provided, sent, delivered or transported; and

    • (d) the date of the transaction.

  • Marginal note:Copies

    (4) The pharmacist must keep the written order or, if the order is verbal, must create a hard copy of the order.

  • SOR/2010-223, s. 25
 
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