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

Regulations are current to 2021-06-03 and last amended on 2019-12-09. Previous Versions

Pharmacists (continued)

Permitted Activities (continued)

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.

General Obligations of Pharmacists

Marginal note:Change of location

 A pharmacist who closes premises in which a targeted substance has been stored must, not later than 10 days after the closure, inform the Minister of the date of closure, the location to which the targeted substance was moved and the quantity of the targeted substance that was moved.

Marginal note:Renunciation of privileges

  •  (1) A pharmacist who does not wish to receive or have possession of targeted substances may make a written request to the Minister to send to licensed dealers and pharmacies a notice, issued under section 79, that states that targeted substances must not be supplied to that pharmacist.

  • Marginal note:Prohibited actions

    (2) A pharmacist must not, unless their pharmacy has received a retraction issued under section 80,

    • (a) sell or provide a targeted substance to a pharmacist or practitioner named in a notice issued under section 79; or

    • (b) fill a prescription or order for a targeted substance from a practitioner named in a notice issued under section 79.

Practitioners

Marginal note:To patients only

 A practitioner may, with respect to a targeted substance, prescribe it for or administer it to an individual or animal, or sell, provide, send, deliver or transport it to or for an individual or for the benefit of an animal, only if

  • (a) the individual or animal is a patient that the practitioner is treating in their professional capacity; and

  • (b) the targeted substance is required to treat the individual’s or animal’s medical condition.

  • SOR/2010-223, s. 26(F)

Marginal note:Emergency supply

  •  (1) A practitioner of medicine may store an emergency supply of targeted substances at a remote location where emergency medical treatment is not readily available or in an emergency medical service vehicle, if the practitioner has an agent or mandatary at that location or in the vehicle who will control and administer the targeted substances on behalf of, and under the direction of, the practitioner.

  • Marginal note:Emergency use

    (2) When aid is being provided to an individual in an emergency, the agent or mandatary of the practitioner of medicine may administer a targeted substance from the emergency supply to the individual if

    • (a) the practitioner of medicine has, by telephone or other means, directed the agent or mandatary to administer the targeted substance; or

    • (b) the agent or mandatary follows written directives provided by the practitioner with respect to the administration of the targeted substance.

Marginal note:Records — practitioner

  •  (1) A practitioner must keep the following records:

    • (a) the brand name or, if the targeted substance does not have a brand name, the specified name, the quantity and strength per unit of any targeted substance received from a licensed dealer, pharmacist or hospital and the date on which it is received;

    • (b) the name and address of the licensed dealer, pharmacist or hospital that sold or provided the targeted substance;

    • (c) if a transaction involves a quantity of targeted substance that exceeds five times the usual daily dose for the substance, the name and quantity of the substance prescribed, administered, sold, provided, sent, delivered or transported, the name and address of the recipient and the date of the transaction; and

    • (d) in the case of an emergency supply referred to in subsection 59(1), the name of the administering agent or mandatary, the location of the emergency supply, the name, quantity and strength per unit of each targeted substance, the date of all transactions related to that emergency supply and the name of any individual to whom the targeted substance was administered.

  • Marginal note:Records — agent or mandatary

    (2) In respect of the administration of a targeted substance from an emergency supply referred to in subsection 59(1), the agent or mandatary of the practitioner must keep the following records:

    • (a) the name, strength per unit and quantity of each targeted substance administered and the date on which it was administered;

    • (b) the name of the individual to whom the targeted substance was administered; and

    • (c) the name of the agent or mandatary of the practitioner who administered the targeted substance.

  • SOR/2010-223, s. 28
  • SOR/2018-69, s. 78(E)

Marginal note:Obligations — agents

  •  (1) An agent or mandatary of a practitioner of medicine referred to in subsection 59(1) must

    • (a) take reasonable steps to protect any targeted substance in their possession from loss and theft; and

    • (b) inform the practitioner without delay of any loss or theft of a targeted substance.

  • Marginal note:Obligations — practitioner of medicine

    (2) A practitioner of medicine who is informed by their agent or mandatary of the loss or theft of a targeted substance must inform the Minister in accordance with subsection 72(2).

 
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