Prescription Drugs

AuthorT. Nessim Abu-Zahra/Simon Carvalho/David Edwards
Prescription Drugs
Certain drugs are classied as prescription drugs because the supervision of
a practitioner is necessary to address the risks associated with them. “Practi-
tioner” is dened in C..() of the Food and Drug Regulations (FDRs) as
a person who () is entitled under the laws of a province to treat patients with
a prescription drug, and ()is practising their profession in that province.
Consumers can only obtain these drugs pursuant to a prescription given
by a practitioner, such as a physician or, in some cases, another health care
professional such as a nurse practitioner. Prescription drugs are generally
kept behind the counter in a pharmacy and are dispensed by a pharmacist.
Any drug that is subject to the FDRs may be a prescription drug. In
other words, both “new drugs” that are subject to Division  and drugs that
are not “new drugs” may be prescription drugs. Whereas Chapter  discussed
the rules regarding obtaining a notice of compliance (NOC) and drug iden-
tication number (DIN), this chapter explains the criteria for determining
if a drug is a “prescription drug” and the consequences of that classication.
is chapter will rst explain the process for determining whether a
drug is a “prescription drug” and then explain the rules regarding the sale,
advertising, and importation of prescription drugs.
A.. of the Food and Drug Regulations, CRC, c , provides as follows: “prescrip-
tion drug means a drug that is set out in the Prescription Drug List, as amended from
time to time, or a drug that is part of a class of drugs that is set out in it.”

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