P-10 - Pharmacy Act

Full text
chapter P-10
Pharmacy Act
PHARMACISTSDecember 31 1977
The Minister of Justice is entrusted with the application of this Act. Order in Council 29-2016 dated 28 January 2016, (2016) 148 G.O. 2 (French), 1254.
DIVISION I
DEFINITIONS
1. In this Act and the regulations made thereunder, unless the context indicates a different meaning, the following terms mean:
(a)  Order : the Ordre des pharmaciens du Québec constituted by this Act;
(b)  Bureau : the Bureau of the Order;
(c)  pharmacist or member of the Order : any person entered on the roll;
(d)  physician : any member of the Ordre des médecins du Québec;
(e)  permit : a permit issued in accordance with the Professional Code (chapter C-26) and this Act;
(f)  (paragraph repealed);
(g)  institution : an institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or an institution within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5);
(h)  medication : any substance or mixture of substances which may be used:
i.  for the diagnosis, treatment, remission or prevention of any disease, ailment, any abnormal physical or mental condition, or their symptoms in man or animal; or
ii.  to restore, rectify or change organic functions in man or animal;
(i)  (paragraph repealed);
(j)  prescription : an authorization to supply a medication,
i.  given by a person authorized to prescribe medication by a law of Québec;
ii.  given by a person authorized to prescribe medication by a law of another province or of a territory in Canada to the extent that such person would be authorized to prescribe such medication by a law of Québec if he were practising in Québec;
(k)  roll : the list of the members in good standing of the Order prepared in accordance with the Professional Code and this Act.
1973, c. 51, s. 1; 1974, c. 65, s. 84; 1977, c. 5, s. 229; 1989, c. 31, s. 1; 1992, c. 21, s. 197; 1994, c. 40, s. 422; 1994, c. 23, s. 23; 1990, c. 75, s. 1.
DIVISION II
THE ORDRE DES PHARMACIENS DU QUÉBEC
2. All the persons qualified to practise pharmacy in Québec constitute a professional order called the “Ordre professionnel des pharmaciens du Québec” or the “Ordre des pharmaciens du Québec”.
1973, c. 51, s. 2; 1977, c. 5, s. 229; 1994, c. 40, s. 423.
3. Subject to this Act, the Order and its members shall be governed by the Professional Code (chapter C-26).
1973, c. 51, s. 3.
DIVISION III
THE BUREAU
4. The Order shall be administered by a Bureau formed in accordance with the Professional Code (chapter C-26).
1973, c. 51, s. 4; 1984, c. 47, s. 113; 1989, c. 31, s. 2.
5. Twenty directors are elected in the manner provided for in the Professional Code (chapter C-26).
Four other directors are appointed by the Office des professions du Québec in the manner provided in the Professional Code.
1973, c. 51, s. 5; 1974, c. 65, s. 109; 1994, c. 40, s. 424.
6. (Repealed).
1973, c. 51, s. 6; 1994, c. 40, s. 425.
7. (Repealed).
1973, c. 51, s. 7; 1974, c. 65, s. 85; 1994, c. 40, s. 425.
8. In addition to the duties contemplated in section 86 of the Professional Code (chapter C-26), the Bureau:
(a)  (paragraph repealed);
(b)  provide for the keeping of a register of students in pharmacy and determine the formalities respecting entry in such register;
(c)  (paragraph repealed).
1973, c. 51, s. 8; 1994, c. 40, s. 426.
8.1. The Bureau shall, on request or on its own initiative, send the information obtained by the professional inspection committee, the syndic or the assistant syndics, to the council of physicians, dentists and pharmacists of the institution to which a pharmacist contemplated in an inquiry is attached, that it believes useful to the exercise of the functions of the council.
1981, c. 22, s. 37; 1984, c. 47, s. 209; 1992, c. 21, s. 198.
9. (Repealed).
1973, c. 51, s. 9; 1990, c. 75, s. 2.
10. In addition to the duties provided in sections 87 to 93 of the Professional Code (chapter c-26), the Bureau shall, by regulation:
(a)  determine from among the acts contemplated in section 17 those which, under certain prescribed conditions, may be performed by classes of persons other than pharmacists;
(b)  determine the conditions and formalities for revocation of the registration of a student in pharmacy;
(c)  establish standards for the labelling of medications;
(d)  establish standards for the keeping of pharmacies, especially as regards the preservation of medications;
(e)  determine rules respecting the manner of disposing of the medications contained in a pharmacy which is permanently closed;
(f)  (subparagraph repealed).
The Bureau shall, before passing a regulation under paragraph a of the first paragraph, consult the Office des professions du Québec and the professional orders to which the persons contemplated by such regulation belong or, if there are no such orders, the representative bodies of such classes of persons.
Section 95.2 of the Professional Code applies to any regulation adopted pursuant to subparagraphs d and e of the first paragraph.
1973, c. 51, s. 10; 1974, c. 65, s. 86, s. 109; 1990, c. 76, s. 9; 1994, c. 40, s. 427; 1990, c. 75, s. 3.
11. (Repealed).
1973, c. 51, s. 11; 1974, c. 65, s. 109; 1989, c. 31, s. 3; 1994, c. 40, s. 428.
12. In addition to the powers provided in section 94 of the Professional Code (chapter C-26), the Bureau may, by regulation:
(a)  (paragraph repealed);
(b)  (paragraph repealed);
(c)  (paragraph repealed);
(d)  determine the rules for contracts respecting the acquisition, alienation or management of a pharmacy which may be made by pharmacists in or for the practice of their profession.
Section 95.2 of the Professional Code applies to a regulation adopted pursuant to subparagraph d of the first paragraph.
1973, c. 51, s. 12; 1983, c. 54, s. 60; 1994, c. 40, s. 429.
13. (Repealed).
1973, c. 51, s. 13; 1994, c. 40, s. 430.
DIVISION IV
REGISTRATION
14. Registration of a student in pharmacy shall be established by a certificate issued by the secretary of the Order.
1973, c. 51, s. 14.
15. A student of pharmacy is entitled to a registration certicate if he:
(a)  is a bachelor of arts or science of a university of Québec or of another university whose diploma is considered equivalent by the Bureau; or
(b)  is the holder of a diploma of college studies awarded by the Minister of Education or a university of Québec or of a diploma considered equivalent by the Bureau; and
(c)  has fulfilled the formalities determined by the Bureau.
1973, c. 51, s. 15; 1985, c. 21, s. 96; 1988, c. 41, s. 88; 1993, c. 51, s. 72; 1994, c. 16, s. 50.
16. The Bureau may revoke any registration certificate in conformity with the regulations made under subparagraph b of the first paragraph of section 10.
1973, c. 51, s. 16.
DIVISION V
PRACTICE OF PHARMACY
17. Every act having as its object the preparation or sale of a medication, by prescription or not, constitutes the practice of pharmacy.
The practice of pharmacy includes the communication of information on the prescribed use or, failing a prescription, on the recognized use of medications, and the making of a record for each person to whom a pharmacist delivers medication on prescription and the pharmacological study of such record.
1973, c. 51, s. 17; 1990, c. 75, s. 4.
18. Nothing in this Act shall prohibit the purchase, preparation, sale or supplying of medications by a person empowered to do so by law.
Nor shall anything prohibit the purchase and preparation of medications by an institution, or the sale or supplying by it of medications to persons admitted to or registered at any centre it operates, provided that there is a pharmacist or physician practising in any centre operated by such institution; the sale and supplying of medications by an institution to persons other than those admitted to or registered at any centre it operates shall be allowed in the circumstances and on the conditions provided by regulation made in accordance with paragraph b of section 37.
Nor shall anything prohibit the preparation of medications by a manufacturer of medications or the sale at wholesale by such manufacturer to a wholesaler in medications, or the sale at wholesale by such manufacturer or wholesaler to a person empowered to sell or supply medications under this Act or another Act.
Nor shall anything prohibit the sale of a medication mentioned in a regulation made under section 37.1, where the sale is made in conformity with such regulation.
1973, c. 51, s. 18; 1990, c. 75, s. 5; 1992, c. 21, s. 199, s. 375; 1994, c. 40, s. 431.
19. Every person is entitled to obtain a permit who applies therefor and who:
(a)  holds a registration certificate;
(b)  (subparagraph repealed);
(c)  has complied with the conditions and formalities imposed under the Professional Code (chapter C-26).
A physician is also entitled to obtain a permit in accordance with the regulations made under paragraph a of section 37.
Subparagraph a of the first paragraph of this section does not apply to the applicant whose diploma has been issued by an educational establishment outside Québec.
1973, c. 51, s. 19; 1994, c. 40, s. 432.
20. A physician holding a permit contemplated by paragraph a of section 37, even if he is entered on the roll, shall not vote at the election of the members of the Bureau or be eligible to the Bureau or any other office in the Order.
1973, c. 51, s. 20; 1994, c. 40, s. 433.
21. A pharmacist must fill a prescription according to its integral terms.
He may, however, provided that he notifies the client and mentions his substitution in the register, substitute for the prescribed medication a medication whose generic name is the same, unless indication to the contrary is made in writing by the person writing the prescription.
1973, c. 51, s. 21; 1981, c. 22, s. 38.
22. (Repealed).
1973, c. 51, s. 22; 1990, c. 75, s. 6.
23. At the request of the Bureau, a pharmacist must reveal to it the composition of any medication he supplies and provide it with any sample of such medication for purposes of analysis.
1973, c. 51, s. 23.
24. No pharmacist may substitute for a prescribed medication a medication manufactured by an undertaking in which he has a direct or indirect interest.
1973, c. 51, s. 24.
25. No person may practise the profession of pharmacy under a name other than his own.
Nevertheless, pharmacists shall be allowed to practise their profession under the name of one or two or more of the partners.
1973, c. 51, s. 25.
26. A pharmacist shall not in respect of the practice of his profession designate himself as other than a pharmacist.
Nor shall he assume the title of doctor or use an abbreviation of that title unless he is a physician or dentist; however, if he has a doctorate in a particular discipline, he may add the title of doctor to his name, with a mention of that discipline.
A pharmacist is authorized to assume the title of specialist only if he holds a specialist’s certificate issued in accordance with the Professional Code (chapter C-26).
1973, c. 51, s. 26; 1989, c. 31, s. 4.
27. Subject to sections 28 to 30, only a pharmacist or partnership of pharmacists may be owner of a pharmacy and buy and sell medications as owner of a pharmacy.
1973, c. 51, s. 27.
28. Upon the death of a pharmacist who is the owner of a pharmacy, the heir, liquidator or trustee of the succession may administer such pharmacy during the three years following his death, by placing it under the personal supervision of a pharmacist.
1973, c. 51, s. 28; 1999, c. 40, s. 212.
29. When a pharmacist who is the owner of a pharmacy is placed under tutorship or curatorship and is in consequence struck off the roll, the tutor or curator may administer this pharmacy for a period of three years, by placing it under the personal supervision of a pharmacist.
1973, c. 51, s. 29; 1989, c. 54, s. 180.
30. When a pharmacist who is the owner of a pharmacy becomes bankrupt or makes an assignment of his property, or upon realization on a security under section 427 of the Bank Act (Revised Statutes of Canada, 1985, chapter B-1.01) or under a movable hypothec, the provisional custodian, the interim receiver, the curator, the trustee in bankruptcy, the bank which has realized on its security, the hypothecary creditor or their respective mandataries may administer the property until the liquidation is closed, by placing it under the personal supervision of a pharmacist.
1973, c. 51, s. 30; 1989, c. 31, s. 5; 1992, c. 57, s. 641; 1995, c. 33, s. 24.
31. No owner or administrator of a pharmacy shall allow his establishment to be accessible to the public unless every pharmaceutical service rendered therein is under the control and continuous supervision of a pharmacist.
1973, c. 51, s. 31.
32. (1)  Every person who opens, acquires, sells or permanently closes a pharmacy must send to the secretary of the Order, by registered or certified mail, a copy of his title deed or lease and a declaration under his signature setting forth his name, occupation and residence, the date of the opening, of the acquisition, sale or closing of such pharmacy and the place where it is situated. Such declaration must be made:
(a)  in the case of the opening or closing of a pharmacy, at least thirty and not more than ninety days before such opening or closing;
(b)  in the case of the acquisition or sale of a pharmacy, within thirty days after such acquisition or sale.
(2)  In the case of a partnership, the declaration must contain the name, occupation and residence of each partner. A similar declaration must be made and sent to the secretary, within thirty days, whenever any change takes place in the names of the partners.
(3)  Such a declaration must be supported by an oath before a commissioner for oaths who must mention legibly his name and residence.
1973, c. 51, s. 32; 1975, c. 83, s. 84; 1999, c. 40, s. 212.
33. In the case of the permanent closing of a pharmacy, the Bureau shall see that the medications contained in such pharmacy are disposed of in accordance with the regulations passed under subparagraph e of the first paragraph of section 10.
1973, c. 51, s. 33; 1990, c. 75, s. 7.
34. No pharmacist may be compelled to declare what has been revealed to him in his professional capacity.
1973, c. 51, s. 34.
DIVISION VI
ILLEGAL PRACTICE OF PHARMACY
35. Subject to section 18 and to the rights and privileges expressly granted by law to other professionals, no person may perform any of the acts described in section 17 unless he is a pharmacist.
This section shall not apply to the acts performed:
(a)  by a person belonging to a class of persons contemplated in a regulation adopted pursuant to subparagraph a of the first paragraph of section 10, provided he performs them under the conditions prescribed in the regulation;
(b)  by a person in accordance with the provisions of a regulation adopted pursuant to paragraph h of section 94 of the Professional Code (chapter C-26).
1973, c. 51, s. 35; 1994, c. 40, s. 434.
36. Every person who contravenes section 35 is liable, for each offence, to the penalties provided in section 188 of the Professional Code (chapter C-26).
1973, c. 51, s. 36.
DIVISION VII
REGULATIONS
37. The Office des professions du Québec may, by regulation, after consulting the Order:
(a)  determine the circumstances in which, by reason of population of low density or the absence of a pharmacist in a given place, a physician may obtain a permit, valid for a period of not more than five years and renewable, and practise pharmacy;
(b)  determine the circumstances of time and place in which an institution operating a centre in which a pharmacist or a physician practises may sell or supply medications to persons not admitted to or registered at that institution.
1973, c. 51, s. 37; 1992, c. 21, s. 200; 1994, c. 40, s. 435.
37.1. The Office des professions du Québec, after consultation with the Conseil consultatif de pharmacologie, the Ordre professionnel des médecins du Québec, the Ordre professionnel des médecins vétérinaires du Québec and the Ordre des pharmaciens du Québec, may, by regulation, establish categories of medications and determine, for each category, if need be, by whom and subject to what terms and conditions the medications may be sold. The rules may vary for the same medication according to whether it is intended for human or animal consumption.
1990, c. 75, s. 8; 1994, c. 40, s. 436.
DIVISION VIII
Repealed, 1990, c. 75, s. 9.
1990, c. 75, s. 9.
38. (Repealed).
1973, c. 51, s. 38; 1985, c. 23, s. 24; 1990, c. 75, s. 9.
DIVISION IX
FINAL PROVISIONS
39. All the pharmacists and physicians entered in the register of the College of Pharmacists of Québec on 1 February 1974, shall be entered on the roll of the Order by the secretary. The Bureau shall issue a permit to each of them.
A physician contemplated in this section shall not vote at the election of the members of the Bureau or be eligible to any other office in the Order, notwithstanding his entry on the roll.
1973, c. 51, s. 42.
40. All the persons entered in the register of the College of Pharmacists of Québec as assistant pharmacists on 1 February 1974 shall be entered on the roll as assistant pharmacists by the secretary. The Bureau shall issue an assistant pharmacist’s permit to each of them.
These persons may continue to perform the duties which they are performing on 1 February 1974, and shall be deemed to be pharmacists for the purposes of this Act and the Professional Code except as regards the right to be the owner of a pharmacy.
1973, c. 51, s. 43; 1977, c. 66, s. 33; 1999, c. 40, s. 212.
41. (This section ceased to have effect on 17 April 1987).
1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
1
(Repealed)
1973, c. 51, form 1; 1990, c. 75, s. 10.
REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 51 of the statutes of 1973, in force on 31 December 1977, is repealed, except sections 39 to 41, 44 to 49 and 51, effective from the coming into force of chapter P-10 of the Revised Statutes.