116. No institution may furnish medicines other than those appearing on the list drawn up by the Minister for that purpose. The list shall include only medicines in respect of which a notice of compliance has been issued by the federal government for approved indications. It shall be updated periodically after consultation with the Conseil du médicament established under section 53 of the Act respecting prescription drug insurance (chapter A-29.01). The Régie de l’assurance maladie du Québec must publish the list and each of its updatings. The list and updatings come into force on the date they are published on the Board’s website or on any later date specified in the accompanying notice from the Minister. The publication imparts authentic value to the list or updating and the notice from the Minister.
Any corrections made by the Régie de l’assurance maladie du Québec under section 60.2 of the Act respecting prescription drug insurance (chapter A-29.01) apply, under the same conditions and in the same manner, to the list drawn up in accordance with the first paragraph.
An institution in which a council of physicians, dentists and pharmacists is established may, in addition, furnish, for purposes of specific medical requirements, medicines other than those appearing on the list referred to in the first paragraph in respect of which a notice of compliance has been issued by the federal government. In such case, the physician or dentist wishing to use or prescribe such medicines must request the opinion of the council of physicians, dentists and pharmacists.
In addition, an institution in which a council of physicians, dentists and pharmacists is established may furnish for exceptional treatment medicines other than those appearing on the list referred to in the first paragraph, even though no notice of compliance has been issued in respect of such medicines by the federal government, or medicines, whether or not they appear on the list, which are used for indications which are recognized but not approved. In such case, the physician or dentist wishing to use or prescribe such medicines must obtain the written authorization of the council of physicians, dentists and pharmacists.
In case of emergency, a physician or a dentist may use or prescribe a medicine referred to in the third or fourth paragraph before obtaining the opinion or written authorization of the council of physicians, dentists and pharmacists. He must, however, obtain, as soon as possible, the opinion or required authorization and justify both the urgency of using or prescribing the medicine and his decision to use or prescribe it.
1991, c. 42, s. 116; 1996, c. 32, s. 109; 1999, c. 89, s. 53; 2002, c. 27, s. 41; 2005, c. 40, s. 42; 2007, c. 21, s. 37.