P-10, r. 14 - Regulation respecting the disposal of medications and poisons following the permanent closing of a pharmacy

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Updated to 1 September 2012
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chapter P-10, r. 14
Regulation respecting the disposal of medications and poisons following the permanent closing of a pharmacy
Pharmacy Act
(chapter P-10, s. 10, 1st par., subpar. e).
Professional Code
(chapter C-26, s. 91).
DIVISION I
GENERAL PROVISIONS
1.01. In this Regulation, unless the context indicates otherwise,
(a)  “pharmacy” means the place where a pharmacist practises his profession in accordance with section 17 of the Pharmacy Act (chapter P-10);
(b)  “controlled substance” means a controlled substance within the meaning of the Controlled Drugs and Substances Act (S.C. 1996, c. 19);
(c)  “controlled drug” means a controlled drug within the meaning of Part G of the Food and Drug Regulations (C.R.C., c. 870).
R.R.Q., 1981, c. P-10, r. 10, s. 1.01.
1.02. The Interpretation Act (chapter I-16) applies to this Regulation.
R.R.Q., 1981, c. P-10, r. 10, s. 1.02.
DIVISION II
PROCEDURE TO BE FOLLOWED FOR THE DISPOSING OF MEDICATIONS AND POISONS
2.01. Every person who permanently closes a pharmacy must, at the same time as he notifies the secretary of the Ordre des pharmaciens du Québec, in accordance with section 32 of the Pharmacy Act, forward to the latter a duly sworn declaration under his signature in which he indicates:
(a)  that the Office of Controlled Substances has been notified in writing of his decision to permanently close his pharmacy and that a copy of the said writing is annexed thereto; and
(b)  the procedure he intends to follow for the disposing of medications and poisons, including controlled substances and controlled drugs, in his possession at that time.
R.R.Q., 1981, c. P-10, r. 10, s. 2.01.
2.02. (1)  When the person contemplated in section 2.01 has found a buyer for all or part of his medications and poisons other than controlled substances and controlled drugs, he must fill in Form A and have the buyer fill in Form B, and send them to the secretary of the Order at the same time as he gives him the declaration set forth in section 2.01, if the transaction took place within the period prescribed in section 32 of the Pharmacy Act (chapter P-10).
(2)  When there is more than one sale in disposing of the said medications and poisons, each of the said sales shall be the object of a separate form.
R.R.Q., 1981, c. P-10, r. 10, s. 2.02.
2.03. (1)  When the person contemplated in section 2.01 has not found a buyer for all or part of his medications and poisons other than the controlled substances and controlled drugs, 30 days prior to the date fixed for the permanent closing of his pharmacy, he must immediately notify the secretary of the Order that:
(a)  he has not found a buyer for the said medications and poisons; and
(b)  he requests that the trustee make the necessary arrangements to dispose thereof; or
(c)  he requests that he be visited by a member of the professional inspection committee in order that the said medications and poisons be destroyed in the latter’s presence and in his own presence or that of his representative.
(2)  Where the person contemplated in section 2.01 fails to notify the secretary of the Order in accordance with paragraph a of subsection 1 or to request the implementation of one or other of the measures set forth in paragraphs b and c of subsection 1 in the period prescribed, the secretary of the Order must see to it that the said medications and poisons are disposed of in accordance with one of the means set forth in paragraphs b and c of subsection 1.
R.R.Q., 1981, c. P-10, r. 10, s. 2.03.
FORM A
(s. 2.02)

_________________________________________________________________________________
| |
| (Seal of the Order) |
| |
| THE ORDRE DES PHARMACIENS DU QUÉBEC |
| |
| Remittance of medications and poisons other than controlled substances and |
| controlled drugs to an authorized person by a pharmacist permanently closing |
| his pharmacy |
| |
| I, the undersigned, Mr, Ms .................................................... |
| (name) (given name) |
| |
| pharmacist, practising my profession at ....................................... |
| (address) |
| |
| ............................................................................... |
| (street) (municipality) (telephone) |
| |
| give notice to the secretary of the Order that on............................., |
| (day) (month) (year) |
| |
| I concluded an agreement with Mr, Ms .......................................... |
| (name) (give name) |
| |
| ............... domiciled at and practising his (her) profession at............ |
| (profession) |
| |
| ............................................................................... |
| (address) (street) (municipality) (telephone) |
| |
| or (in the case of a wholesaler, a hospital, etc.) with ....................... |
| |
| ................................................................., located at |
| (name of institution) |
| |
| ............................................................................... |
| (address) (street) (municipality) (telephone) |
| |
| in order to dispose of all or part (indicate percentage..%) of the medications |
| and poisons, other than controlled substances and controlled drugs, in my |
| possession on the date fixed for the permanent closing of my pharmacy. |
| |
| I certify that, to my knowledge, the acquirer hereinabove mentioned is a |
| person authorized under the Act to possess and sell the said medications |
| and poisons. |
| |
| |
| |
| ..................................... |
| signature of pharmacist-vendor |
| |
| Date: ..................20...... |
| ________________________________________________________________________________|
R.R.Q., 1981, c. P-10, r. 10, Form A.
FORM B
(s. 2.02)

_________________________________________________________________________________
| |
| (Seal of the Order) |
| |
| THE ORDRE DES PHARMACIENS DU QUÉBEC |
| |
| Remittance of medications and poisons other than controlled substances and |
| controlled drugs to an authorized person by a pharmacist permanently closing |
| his pharmacy |
| |
| I, the undersigned, Mr, Ms .................................................... |
| (name) (given name) | | |
| ............................................ domiciled at ..................... |
| (profession) (address) |
| |
| ............................................................................... |
| (street) (municipality) (telephone) |
| |
| and practising my profession at................................................ |
| (address) (street) |
| |
| ............................................. or (in the case of a wholesaler, |
| (municipality) (telephone) |
| |
| a hospital, etc.), Mr, Ms ..................................................... |
| (name) (given name) |
| |
| ...................................................................employee of |
| (function within the institution concerned) |
| |
| ................................................................... located at |
| (name of institution) |
| |
| ............................................................................... |
| (address) (street) (municipality) (telephone) |
| |
| hereby declare that I have concluded an agreement with Mr, Ms ................. |
| |
| ............................................................................... |
| (name) (given name) |
| |
| pharmacist, practising his (her) profession at ................................ |
| |
| ............................................................................... |
| (address) (street) (municipality) (telephone) |
| |
| on .................................................., in order to acquire all |
| (day) (month) (year) |
| |
| or part (indicate the percentage.....%) of the medications and poisons, other |
| than controlled substances and controlled drugs, in his (her) possession on the |
| date fixed for the permanent closing of his (her) pharmacy. |
| |
| And I declare that I am a person authorized under the Act to possess and sell |
| the said medications and poisons. |
| |
| |
| |
| |
| |
| ................................... |
| signature of the acquirer |
| |
| Date: .................20...... |
|_________________________________________________________________________________|
R.R.Q., 1981, c. P-10, r. 10, Form B.
REFERENCES
R.R.Q., 1981, c. P-10, r. 10