New Classes of Practitioners Regulations (Proposed draft)

WORK IN PROGRESS

New Classes of Practitioners Regulations

SOR/2012-230

CONTROLLED DRUGS AND SUBSTANCES ACT

Registration 2012-11-01

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.

INTERPRETATION

Marginal note:Definitions

 The following definitions apply in these Regulations.

“Act”

« Loi »

“Act” means the Controlled Drugs and Substances Act.

“listed substance”

« substance inscrite »

“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.

“midwife”

« sage-femme »

“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.

“nurse practitioner”

« infirmier praticien »

“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.

“podiatrist”

« podiatre »

“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.

NEW CLASSES OF PRACTITIONERS PRESCRIBED

Marginal note:Classes

 For the purpose of the definition “practitioner” in subsection 2(1) of the Act, the following classes of persons are prescribed:

  • (a) midwives;

  • (b) nurse practitioners; and

  • (c) podiatrists.

PERMITTED ACTIVITIES AND EXCLUSIONS

Marginal note:Permitted activities
  •  (1) 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:Dried marihuana

    (2) As provided by the Marihuana for Medical Purposes Regulations, a nurse practitioner, as a practitioner, may conduct an activity in respect of dried marihuana in accordance with section 3 or 128 of those Regulations if

    • (a) they are permitted to prescribe dried marihuana in their practice under the laws of the province in which they are registered and entitled to practise; and

    • (b) they are not named in a notice issued under section 59 of the Narcotic Control Regulations that has not been retracted under section 60 of those Regulations.

  • Definition of “dried marihuana”

    (3) For the purpose of subsection (2), “dried marihuana” has the same meaning as in subsection 1(1) of the Marihuana for Medical Purposes Regulations.

  • SOR/2013-119, s. 251.
Marginal note:Exclusions — midwife or podiatrist
  •  (1) In respect of a midwife or podiatrist, a listed substance excludes a substance set out in

  • Marginal note:Exclusions — nurse practitioner

    (2) In respect of a nurse practitioner, a listed substance excludes a substance set out in

  • SOR/2013-119, s. 252;
  • SOR/2013-172, s. 10.

INCONSISTENCY WITH OTHER REGULATIONS

Marginal note:Inconsistency

 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.

CONSEQUENTIAL AMENDMENTS

Food and Drug Regulations

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendments]

 [Amendment]

Narcotic Control Regulations

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Benzodiazepines and Other Targeted Substances Regulations

 [Amendments]

 [Amendment]

 [Amendment]

TRANSITIONAL PROVISIONS

 [Transitional Provisions]

COMING INTO FORCE

Marginal note:Publication

Footnote * These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

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