P-10, r. 13 - Regulation respecting the preservation, use or destruction of the records, books and registers of a pharmacist who ceases to practise

À jour au 1^er novembre 2022

Ce document a valeur officielle.

chapter P-10, r. 13

Regulation respecting the preservation, use or destruction of the records, books and registers of a pharmacist who ceases to practise

Pharmacy Act

(chapter P-10, s. 3).

Professional Code

(chapter C-26, s. 91).

DIVISION I GENERAL PROVISIONS

1.01. In this Regulation, unless the context indicates otherwise, “records, books and registers” means the records, books and registers that a pharmacist must keep in the practice of his profession, in accordance with the Pharmacy Act (chapter P-10) or the regulations made thereunder or with any other law or regulation of Canada or Québec.

R.R.Q., 1981, c. P-10, r. 9, s. 1.01.

1.02. The Interpretation Act (chapter I-16) applies to this Regulation.

R.R.Q., 1981, c. P-10, r. 9, s. 1.02.

DIVISION II PERMANENT CESSATION OF PRACTICE

2.01. For the purposes of this Division, “acquirer” means a pharmacist who takes possession of the records, books and registers of a pharmacist who is the owner of a pharmacy and who ceases to practise his profession permanently for any reason other than death.

R.R.Q., 1981, c. P-10, r. 9, s. 2.01.

2.02. A pharmacist who is the owner of a pharmacy and who ceases to practise his profession permanently for any reason other than death must, if he finds an acquirer, at least 15 days before the date fixed for the cessation of his practice:

(a)  notify the secretary of the Ordre des pharmaciens du Québec that he will cease to practise his profession permanently effective on such date;

(b)  give to the secretary of the Order the name, addresses and telephone numbers of the acquirer;

(c)  publish or cause to be published, commencing on the 15th day prior to the date fixed for the cessation of his practice and every 3 days thereafter for a period of 15 days, in at least one French language daily newspaper and, where applicable, in at least one English language daily newspaper circulated in the region where he practises his profession, a public advertisement to the effect that upon and after the date fixed for the cessation of his practice, all his records, books and registers will be in the possession of the acquirer, indicating the latter’s addresses, telephone number and business hours;

(d)  post a copy of such advertisement on the interior frontage of his pharmacy, in full view of the public.

R.R.Q., 1981, c. P-10, r. 9, s. 2.02.

2.03. The acquirer must send to the secretary of the Order a copy of his written commitment to take possession of the records, books and registers of the pharmacist contemplated in section 2.02 at least 15 days before the date fixed for the cessation of the practice.

R.R.Q., 1981, c. P-10, r. 9, s. 2.03.

2.04. If the pharmacist contemplated in section 2.02 has not found an acquirer 15 days prior to the date fixed for the cessation of his practice, he must immediately:

(a)  publish or cause to be published, commencing on the 15th day prior to the date fixed for the cessation of his practice and every 3 days thereafter for a period of 15 days, in at least one French language daily newspaper and, where applicable, in at least one English language daily newspaper circulated in the region where he practises his profession, a public advertisement to the effect that upon and after the date fixed for the cessation of his practice, all his records, books and registers will be in the possession of the secretary of the Order, indicating the latter’s address, telephone number and office hours;

(b)  post a copy of such advertisement on the interior frontage of his pharmacy, in full view of the public; and

(c)  forward a copy of the advertisement to the secretary of the Order.

R.R.Q., 1981, c. P-10, r. 9, s. 2.04.

2.05. (1)  The secretary of the Order must retain, for a period of 2 years, all the records, books and registers that he has received in accordance with section 2.04.

(2)  The secretary must, in accordance with the Code of ethics of pharmacists (chapter P-10, r. 7), permit every patient of the pharmacist contemplated in section 2.02 to take cognizance of the documents regarding him in any record made by that pharmacist about him and to obtain copies of those documents.

(3)  The secretary may only destroy such records, books and registers after the period referred to in subsection 1.

R.R.Q., 1981, c. P-10, r. 9, s. 2.05.

DIVISION III DEATH

3.01. Upon the death of a pharmacist who is the owner of a pharmacy, the pharmacist appointed under section 28 of the Pharmacy Act (chapter P-10) shall become the provisional custodian of the records, books and registers of the deceased pharmacist.

R.R.Q., 1981, c. P-10, r. 9, s. 3.01.

3.02. If, before or after a period of 3 years following a death, the heir, legatee, liquidator or trustee of the succession decides to close the pharmacy permanently, he must comply with the provisions of Division II.

R.R.Q., 1981, c. P-10, r. 9, s. 3.02.

DIVISION IV TEMPORARY CESSATION OF PRACTICE

4.01. If a pharmacist who is the owner of a pharmacy is placed under tutorship or under a protection mandate and is in consequence struck off the roll, the pharmacist appointed under section 29 of the Pharmacy Act (chapter P-10)shall become the provisional custodian of the records, books and registers of the aforementioned pharmacist.

R.R.Q., 1981, c. P-10, r. 9, s. 4.01; S.Q. 2020, c. 11, s. 239.

4.02. If a pharmacist who is the owner of a pharmacy becomes bankrupt or makes an assignment of his property, the pharmacist appointed under section 30 of the Pharmacy Act (chapter P-10) shall become the provisional custodian of the records, books and registers of the aforementioned pharmacist.

R.R.Q., 1981, c. P-10, r. 9, s. 4.02.

4.03. If a pharmacist is suspended or temporarily struck off the roll of the Order, he shall automatically lose, for the duration of the suspension or striking off, the right to keep up-to-date or to use in any manner whatsoever his records, books and registers or, as applicable, those that are kept and which he uses regularly at the place where he practises his profession.

R.R.Q., 1981, c. P-10, r. 9, s. 4.03.

4.04. (1)  In the case of suspension or striking off of a pharmacist who is the sole owner of a pharmacy, or where the suspension or striking off is imposed simultaneously on all members of a partnership of pharmacists who are the owners of a pharmacy, the secretary of the Order must, after consultation with the member who has been struck off or suspended, ensure that his records, books and registers are entrusted to another member of the Order practising in the same region.

(2)  The secretary of the Order must notify the public of such changes by posting, on the interior frontage of the pharmacy belonging to the pharmacist who has been suspended or struck off, during the entire duration of such suspension or striking off, an advertisement stipulating that the records, books and registers of the pharmacist who has been suspended or struck off are in the possession of the pharmacist appointed in accordance with subsection 1, from such date to such date, indicating the address, telephone number and business hours of the latter.

(3)  The pharmacist appointed in accordance with subsection 1 shall be the provisional custodian of the records, books and registers of the pharmacist who has been suspended or struck off for the entire duration of such suspension or striking off.

The mandate of the said pharmacist shall be restricted to giving every patient of the pharmacist who has been suspended or struck off the roll all the information he considers appropriate to their treatment and to keeping such records, books and registers up-to-date; without limiting the generality of the foregoing, he shall not, under pretext of his mandate and for the purpose of assisting the pharmacist who has been suspended or struck off, practise pharmacy within the meaning of the first paragraph of section 17 of the Pharmacy Act (chapter P-10) to the latter’s profit.

R.R.Q., 1981, c. P-10, r. 9, s. 4.04.

4.05. The pharmacist who has custody of the records, books and registers of a fellow-member who has been struck off or suspended in accordance with section 4.04 must return them to him immediately following termination of the period of suspension or striking off.

R.R.Q., 1981, c. P-10, r. 9, s. 4.05.

REFERENCES

R.R.Q., 1981, c. P-10, r. 9

S.Q. 2020, c. 11, s. 239