Precursor Control Regulations (SOR/2002-359)

PART 4Pharmacists, Practitioners and Hospitals

Non-application

• 91.1 (1) The prohibitions set out in paragraph 6(1)(c) and subsection 6(2) on the sale or provision of a Class A precursor and on the possession of a Class A precursor for the purpose of sale or provision do not apply to

  • (a) a practitioner or hospital that sells or provides, only on a retail basis, preparations or mixtures containing Class A precursors;

  • (b) a pharmacist who sells or provides, only on a retail basis, preparations or mixtures containing Class A precursors, other than combination products containing ephedrine or pseudoephedrine or non-combination products containing ephedrine or pseudoephedrine;

  • (c) a pharmacist who sells or provides, only on a retail basis, non-combination products containing ephedrine or pseudoephedrine, if those products are not accessible to the public for self-selection; or

  • (d) in the case of combination products containing ephedrine or pseudoephedrine that are sold or provided, only on a retail basis,

    • (i) a pharmacist who sells or provides the products, if those products are accessible to the public for self-selection and a pharmacist is available at the request of a purchaser or consumer to discuss the products prior to purchase,

    • (ii) a pharmacist who sells or provides the products, if those products are not accessible to the public for self-selection, or

    • (iii) an individual working in a retail location where a pharmacist provides services, if

      • (A) those products are accessible to the public for self-selection and a pharmacist is available at the request of a purchaser or consumer to discuss the products prior to purchase, and

      • (B) the quantity, per transaction, of each precursor contained in the product and set out in column 1 of the schedule does not exceed the maximum quantity, expressed as an absolute amount or per package, specified for the precursor in column 2.

• (2) The prohibitions set out in subsection 9(1) on transporting a Class A precursor and possessing a Class A precursor for the purpose of transport do not apply to a practitioner or hospital referred to in paragraph (1)(a) or a pharmacist referred to in any of paragraphs (1)(b) to (d).

Pharmacists

Activities Authorized Under a Prescription

91.2 A pharmacist may, pursuant to a prescription, compound a preparation or mixture using a precursor.

• 91.3 (1) A pharmacist may sell or provide a preparation or mixture that contains a Class A precursor set out in column 1 of the schedule, in a quantity, per transaction, exceeding the maximum quantity, expressed as an absolute amount or per package, specified for the contained precursor in column 2, if the pharmacist sells or provides preparations or mixtures containing Class A precursors exclusively on a retail basis and the transaction is made under a prescription.

• (2) The prescription must be

  • (a) written, dated and signed by the practitioner who issued it;

  • (b) provided verbally by a practitioner; or

  • (c) transferred to the pharmacist in accordance with the requirements of section 91.7.

Information to Be Recorded

• 91.4 (1) A pharmacist who receives a verbal prescription for a preparation or mixture containing a Class A precursor must, before filling it, record the following information:

  • (a) the name and address of the individual or owner of the animal for whose benefit the prescription is provided;

  • (b) the date on which the prescription was provided;

  • (c) the name and quantity of the preparation or mixture specified in the prescription;

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

  • (e) the directions for use specified by the practitioner; and

  • (f) if the prescription is to be refilled, the number of times it may be refilled and, if applicable, the interval between refills.

• (2) The pharmacist must retain, in accordance with section 91.95, a hard copy of the prescription or a written record of it.

• 91.5 (1) Subject to section 91.6, a pharmacist who fills a written or verbal prescription for a preparation or mixture containing a Class A precursor must record the following information:

  • (a) the date the prescription was filled;

  • (b) the quantity of the preparation or mixture provided when the prescription was filled;

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

  • (d) the number assigned to the prescription.

• (2) A pharmacist who fills a written prescription shall retain the prescription in accordance with section 91.95.

Refill of Prescription

91.6 A pharmacist may only refill a prescription for a preparation or mixture containing a Class A precursor if

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

• (b) the pharmacist makes a record of each refill in accordance with subsection 91.5(1), with any modifications that the circumstances require;

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

• (d) if an interval between refills has been specified by the practitioner, the interval has expired.

Transfer of Prescription

• 91.7 (1) A pharmacist may transfer a prescription for a preparation or mixture containing a Class A precursor to another pharmacist or to a hospital.

• (2) Before a pharmacist sells or provides a preparation or mixture containing a Class A precursor to an individual under a prescription that is transferred under subsection (1), the pharmacist shall

  • (a) in the case of a verbal transfer, record the information required by subsection 91.4(1);

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

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

    • (ii) the written record, made in accordance with subsection 91.4(2), 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.

Practitioners

91.8 A practitioner may, with respect to a preparation or mixture containing a Class A precursor, prescribe it for or administer it to an individual or animal, or sell or provide it to or for an individual or for the benefit of an animal, only if

• (a) the individual or animal is being treated by the practitioner in their professional capacity; and

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

91.9 A practitioner who sells or provides a preparation or mixture containing a Class A precursor set out in column 1 of the schedule to an individual for self-administration or administration to an animal in a quantity that exceeds the maximum quantity, expressed as an absolute amount or per package, specified for the contained precursor in column 2, may do so only if the transaction is made under a prescription and shall make a record of the following information:

• (a) the name and quantity of the preparation or mixture;

• (b) the name and address of the person to whom the preparation or mixture was provided; and

• (c) the date on which the preparation or mixture was provided.

Hospitals

91.91 A hospital that sells or provides a preparation or mixture containing a Class A precursor exclusively on a retail basis may do so subject to sections 91.92 to 91.94.

• 91.92 (1) The person in charge of a hospital shall not permit a preparation or mixture containing a Class A precursor set out in column 1 of the schedule to be sold or provided to a patient or for the benefit of an animal under treatment as an in-patient or an out-patient of the hospital in a quantity, per transaction, that exceeds the maximum quantity, expressed as an absolute amount or per package, specified for the contained precursor in column 2, unless the transaction is made under a prescription or another authorization of a practitioner practising in the hospital.

• (2) The person in charge of the hospital shall keep the following information or ensure that it is kept:

  • (a) the name and quantity of the preparation or mixture provided when the prescription was filled;

  • (b) the name and address of the person for whom the prescription was issued;

  • (c) the date on which the prescription was filled; and

  • (d) the number assigned to the prescription.

91.93 The person in charge of a hospital shall not permit a prescription for a preparation or mixture containing a Class A precursor to be refilled at the hospital unless the requirements of section 91.6 are satisfied, with any modifications that the circumstances require.

91.94 The person in charge of a hospital shall not permit a preparation or mixture containing a Class A precursor to be sold or provided pursuant to a prescription that has been transferred to the hospital, unless the requirements of subsection 91.7(2) are satisfied, with any modifications that the circumstances require.

91.95 Information to be recorded and records to be kept under this Part shall be retained for at least two years after the date the information was obtained or the record was made.

Security Measures and Communication of Information

91.96 A pharmacist, practitioner or hospital that sells or provides only on a retail basis, or possesses for the purpose of sale or provision, preparations or mixtures containing Class A precursors, shall

• (a) take all reasonable measures to ensure the security of the Class A precursors;

• (b) on discovering an unusual waste or disappearance of a Class A precursor that cannot be explained on the basis of normally accepted business practices, notify

  • (i) a member of a police force within 24 hours after the discovery, and

  • (ii) the Minister, in writing, within 72 hours after making the discovery, and confirm that the notice required under subparagraph (i) has been provided;

• (c) on discovering a theft of a Class A precursor set out in column 1 of the schedule, if the package in which it is contained is not intended for retail sale and contains a quantity of the precursor exceeding the maximum quantity specified for the precursor in column 2 of the schedule, notify the persons mentioned in subparagraphs (b)(i) and (ii) within the applicable time-periods; and

• (d) on request, provide to the Minister or make available for examination by the Minister, any information or record required to be kept or made under this Part.

Transitional and Coming into Force

Transitional

92 During the year following the day these Regulations are published in the Canada Gazette, Part II, the maximum package size set out in column 2 of the schedule for the precursors listed in column 1 for items 4, 5 and 17 does not apply to the sale or provision of any of these precursors, or any preparation or mixture containing any of them, if the precursor or the preparation or mixture was produced and packaged before the day these Regulations are published in the Canada Gazette, Part II and, in respect of the sale of provision, the person who makes the sale or provision

• (a) is deemed to conform with paragraph 5(1)(c) regardless of the package size; and

• (b) does not require an end-use declaration under section 8.

Coming into Force

• 93 (1) Subject to subsections (2) to (4), these Regulations come into force on the later of January 1, 2003 and the expiry of 90 days after the day on which these Regulations are published in the Canada Gazette, Part II.

• (2) Subsections 6(1) and (2) and sections 7, 9, 12 to 24 and 47 come into force

  • (a) in respect of a person who produces, packages, imports or exports a Class A precursor, on the later of January 1, 2003 and the expiry of 90 days after the day on which these Regulations are published in the Canada Gazette, Part II; and

  • (b) in respect of a person who carries out any other activity pertaining to a Class A precursor, on July 7, 2003.

• (3) Section 8 comes into force on July 7, 2003.

• (4) Sections 55 to 82 come into force on January 1, 2004.