G-1.021 - Act respecting the governance of the health and social services system

Section 396 Disposition versions

Not in force

Not in force

396. For purposes of a specific medical necessity, an institution may provide medications not appearing on the list referred to in section 395 and medications appearing on the list but that are used for therapeutic indications not set out in the list, provided that the intended therapeutic indication for a particular user appears in the notice of compliance issued by the federal government.

Similarly, the institution may provide, for exceptional treatment purposes, medications other than those appearing on the list and which have obtained the notice of compliance issued by the federal government for a therapeutic indication other than the intended therapeutic indication for the user or in respect of which no notice of compliance has been issued by the federal government.

For the purposes of the first paragraph, “specific medical necessity” means a demonstrated need which, given the user’s particular condition, cannot be fulfilled by any of the therapeutic indications of the medications recorded on the list referred to in section 395.

For the purposes of the second paragraph, “exceptional treatment” means a medication that is required because of an exceptional demonstrated need that, given the seriousness of the user’s particular condition, cannot be fulfilled by any of the therapeutic indications of the medications for which a notice of compliance has been issued by the federal government.

2023, c. 34, s. 396.