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Contents (2008 - 392)
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Poisons and Therapeutic Goods Regulation 2008
Current version for 1 July 2017 to date (accessed 25 September 2017 at 05:22)
Part 2 Division 5
Division 5 Records of supply
24   Supply of certain Schedule 2 or 3 substances to be recorded
(1)  A pharmacist who supplies pseudoephedrine on prescription must record details of the supply in accordance with clause 55 as if pseudoephedrine were a restricted substance.
Maximum penalty: 20 penalty units or imprisonment for 3 months, or both.
(1A)  A pharmacist who supplies pseudoephedrine to a person without a prescription must, at the time of the supply, record the following details in an electronic form approved by the Secretary:
(a)  a unique reference number for the supply,
(b)  the name of the person by whom the pseudoephedrine is supplied,
(c)  the name and address of the person to whom the pseudoephedrine is supplied,
(d)  the name, strength (if not readily apparent) and quantity of the pseudoephedrine supplied and the date on which it is supplied,
(e)  if the pharmacist does not know the identity of the person to whom the pseudoephedrine is supplied, the unique reference number of a photo identification of the person and the type of that identification.
Maximum penalty: 20 penalty units or imprisonment for 3 months, or both.
(2)  Subclauses (1) and (1A) apply to pseudoephedrine only in so far as it is a Schedule 3 substance.
(2A)  The operator of a residential care facility in which medication charts are used must ensure that an employee of the facility makes a record in the medication chart of a resident of the facility of the administration of any Schedule 2 or 3 substance to the resident.
Maximum penalty: 10 penalty units.
(3)  The Secretary may, by order in writing, exempt any person or any class of persons from the requirements of this clause.
(4)  Such an exemption may be given unconditionally or subject to conditions.
(5)  In this clause:
photo identification means any of the following types of identification held by the person being supplied:
(a)  an Australian driver licence that displays a photograph of the person, or
(b)  a passport, or
(c)  a NSW Photo Card issued under the Photo Card Act 2005, or
(d)  a card issued under a law of the Commonwealth or another State or Territory for the purpose of proving the person’s age which contains a photograph of the person in whose name the card is issued.
Secretary means the Secretary of the Ministry of Health.