New Classes of Practitioners Regulations
CONTROLLED DRUGS AND SUBSTANCES ACT
New Classes of Practitioners Regulations
P.C. 2012-1448 2012-11-01
His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 55(1) of the Controlled Drugs and Substances ActFootnote a, makes the annexed New Classes of Practitioners Regulations.
Return to footnote aS.C. 1996, c. 19
1 The following definitions apply in these Regulations.
Act means the Controlled Drugs and Substances Act. (Loi)
listed substance means a substance set out in Schedule 1 to the Benzodiazepines and Other Targeted Substances Regulations, the schedule to Part G of the Food and Drug Regulations or the schedule to the Narcotic Control Regulations, and includes anything that contains the substance. (substance inscrite)
midwife means a person who is registered and entitled under the laws of a province to practise midwifery and who is practising midwifery in that province. (sage-femme)
nurse practitioner means a person who is registered and entitled under the laws of a province to practise as a nurse practitioner or an equivalent designation and who is practising as a nurse practitioner or an equivalent designation in that province. For the purpose of this definition, a designation is equivalent when it designates a person who
(a) is a registered nurse;
(b) possesses additional educational preparation and experience related to health care;
(c) can autonomously make diagnoses, order and interpret diagnostic tests, prescribe drugs and perform other specific procedures under the laws of a province; and
(d) is practising their profession in accordance with, for example, the following provincial laws, as amended from time to time:
(i) the Extended Practice Regulation, Man. Reg. 43/2005, made under The Registered Nurses Act of Manitoba, C.C.S.M., c. R40,
(ii) Ontario Regulation 275/94, made under the Nursing Act, 1991 of Ontario, S.O. 1991, c. 32, or
(iii) the Regulation respecting Ordre des infirmières et infirmiers du Québec classes of specialities related to the performance of acts contemplated in section 36.1 of the Nurses Act, R.R.Q., c. I-8, r. 8, made under the Nurses Act of Quebec, R.S.Q., c. I-8. (infirmier praticien)
podiatrist means a person who is registered and entitled under the laws of a province to practise podiatry or chiropody and who is practising podiatry or chiropody in that province. (podiatre)
New Classes of Practitioners Prescribed
2 For the purpose of the definition practitioner in subsection 2(1) of the Act, the following classes of persons are prescribed:
(b) nurse practitioners; and
Permitted Activities and Exclusions
Marginal note:Permitted activities
3 Subject to section 4, a midwife, nurse practitioner or podiatrist, as a practitioner, may prescribe or possess a listed substance, or conduct an activity with a listed substance, in accordance with the Benzodiazepines and Other Targeted Substances Regulations, Part G of the Food and Drug Regulations or the Narcotic Control Regulations if they are permitted to prescribe, in their practice under the laws of the province in which they are registered and entitled to practise, that substance.
Marginal note:Exclusions — midwife or podiatrist
4 (1) In respect of a midwife or podiatrist, a listed substance excludes a substance set out in
(a) the definition designated drug in subsection G.04.001(1) of the Food and Drug Regulations;
(b) item 1 of Part III of the schedule to Part G of the Food and Drug Regulations; and
(c) any of subitems 1(1) and (10), 2(1), 5(4), 10(1) and 17(2) of the schedule to the Narcotic Control Regulations.
Marginal note:Exclusions — nurse practitioner
(2) In respect of a nurse practitioner, a listed substance excludes a substance set out in
(a) item 1 of Part III of the schedule to Part G of the Food and Drug Regulations, except for subitem (40); and
(b) any of subitems 1(1) and (10), 2(1) and 17(2) of the schedule to the Narcotic Control Regulations.
Inconsistency with other Regulations
5 In the event of any inconsistency between these Regulations and the Benzodiazepines and Other Targeted Substances Regulations, Part G of the Food and Drug Regulations or the Narcotic Control Regulations, these Regulations prevail to the extent of the inconsistency.
Food and Drug Regulations
Narcotic Control Regulations
Benzodiazepines and Other Targeted Substances Regulations
28 [Transitional Provisions]
Coming into Force
Footnote *29 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.
Return to footnote *[Note: Regulations in force November 21, 2012.]
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