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Contents (2008 - 392)
Poisons and Therapeutic Goods Regulation 2008
Current version for 1 July 2017 to date (accessed 19 November 2017 at 10:16)
Part 3 Division 3
Division 3 Prescriptions
32   Prescriptions for restricted substances
(1)  A medical practitioner, dentist or veterinary practitioner may issue a prescription for a restricted substance.
(2)  A person must not issue a prescription for a restricted substance unless authorised to do so by or under the Act (including by an authority under Part 8).
Maximum penalty: 15 penalty units.
33   Prescriptions may be issued only for certain purposes
(1)  A medical practitioner must not issue a prescription for a restricted substance otherwise than for medical treatment.
(2)  A nurse practitioner must not issue a prescription for a restricted substance otherwise than in the course of practising as a nurse practitioner.
(3)  A midwife practitioner must not issue a prescription for a restricted substance otherwise than in the course of practising as a midwife practitioner.
(4)  A dentist must not issue a prescription for a restricted substance otherwise than for dental treatment, and must endorse any such prescription with the words “FOR DENTAL TREATMENT ONLY”.
(5)  An optometrist must not issue a prescription for a restricted substance otherwise than in the course of practising as an optometrist, and must endorse any such prescription with the words “FOR OPTOMETRICAL TREATMENT ONLY”.
(6)  A veterinary practitioner must not issue a prescription for a restricted substance otherwise than for veterinary treatment, and must endorse any such prescription with the words “FOR ANIMAL TREATMENT ONLY”.
(7)  A podiatrist must not issue a prescription for a restricted substance otherwise than in the course of practising as a podiatrist, and must endorse any such prescription with the words “FOR PODIATRY TREATMENT ONLY”.
Maximum penalty: 15 penalty units.
34   Quantity and purpose of prescriptions to be appropriate
An authorised practitioner must not issue a prescription for a restricted substance in a quantity, or for a purpose, that does not accord with the recognised therapeutic standard of what is appropriate in the circumstances.
Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.
34A   Medication chart prescriptions
(1)  The authority of a pharmacist to supply a restricted substance on prescription (other than for a special restricted substance or a substance listed in clause 37) extends, in the case of a medication chart prescription, to supply on a duplicate copy of the medication chart prescription.
(2)  Accordingly, a reference in this Regulation to a prescription (in the context of the supply on prescription of a restricted substance by a pharmacist) is a reference, in the case of supply on a medication chart prescription, to a duplicate copy of the prescription.
35   Form of prescription
(1)  A prescription for a restricted substance must include the following details:
(a)  the date on which it is issued,
(b)  if the treatment is for:
(i)  a patient—the name and address of the patient, or
(ii)  an animal—the species of animal and the name and address of the animal’s owner, or
(iii)  a patient’s partner and the prescription is for azithromycin for the treatment of chlamydia—the name and email address or mobile phone number of the partner,
(c)  the name, strength (if not readily apparent) and quantity of the substance to be supplied,
(c1)  the route of administration (if not readily apparent) of the substance to be supplied,
(d)  adequate directions for use,
(e)  the maximum number of times the substance may be supplied on the prescription,
(f)  in the case of a prescription for a special restricted substance, the intervals at which the substance may be supplied on the prescription,
(g)  if the prescription is issued at a hospital, the name and designation of the person by whom it is issued and the name, address and telephone number of the hospital,
(h)  if the prescription is issued elsewhere than at a hospital, the name and designation of the person by whom it is issued and the address and telephone number of the premises at which it is issued.
(1A)  As an alternative to complying with subclause (1), a medication chart prescription authorising the supply of a substance that is not a special restricted substance or a substance listed in clause 37 must include the following details:
(a)  the date on which it is issued,
(b)  the name and address of the patient,
(c)  the name and form (if not readily apparent) of the substance to be supplied,
(d)  the strength (if not readily apparent) of the substance to be supplied,
(e)  the route of administration (if not readily apparent) of the substance to be supplied,
(f)  adequate directions for use,
(g)  the frequency or times at which the substance is to be administered or used,
(h)  the period during which the substance is to be used or administered (being a period that ends on a date that is no more than 4 months from the date of first use of the relevant chart for the resident),
(i)  the name and designation of the person by whom it is issued,
(j)  the name, address and telephone number of the relevant residential care facility.
(2)  The details referred to in subclause (1A) (b) and (j) can be made out by any person.
(2A)  The details referred to in subclause (1) or (1A) (a) or (c)–(i) must be made out:
(a)  in the handwriting of the person by whom the prescription is issued, or
(b)  in such other manner as may be approved for the time being by the Director-General.
(2B)  A prescription must be signed by the person by whom it is issued (whether it complies with subclause (1) or (1A)).
(3)  The person by whom the prescription is issued must confirm any dose that could be regarded as being dangerous or unusual by underlining the part of the prescription that specifies the intended dose and by initialling the prescription in the margin.
(4)  A person who issues a prescription for a restricted substance must ensure that the prescription complies with the requirements of this clause.
(5)  The Director-General may, by order in writing, exempt any person or restricted substance, or any class of persons or restricted substances, from any or all of the requirements of this clause.
(6)  Such an exemption may be given unconditionally or subject to conditions.
(7)  In this clause:
partner of a patient includes any of the following:
(a)  the patient’s spouse,
(b)  the patient’s de facto partner,
(c)  a person with whom the patient is or was in a sexual relationship.
(8)  Subclauses (1) (b) (iii) and (7) cease to have effect on 1 January 2018.
Maximum penalty: 15 penalty units.
36   Emergency prescriptions may be given by telephone or otherwise
(1)  In an emergency, an authorised practitioner may direct the supply of a restricted substance orally, by telephone, by electronic mail or by facsimile.
(2)  A person who so directs the supply of a restricted substance:
(a)  must immediately make out a prescription, and
(b)  must send the prescription without delay (and in any case within 24 hours) to the person to whom the direction was given.
(3)  A person who issues a prescription under this clause must ensure that the prescription is endorsed with words that indicate the prescription has been issued in confirmation of a direction under this clause.
(4)  This clause does not apply to a direction given under clause 58.
Maximum penalty: 15 penalty units.
37   Authority required to prescribe certain restricted substances
(1)  This clause applies to the following restricted substances:
acitretin
clomiphene
cyclofenil
dinoprost
dinoprostone
etretinate
follitropin beta
isotretinoin for oral use
luteinising hormone
tretinoin for oral use
urofollitrophin (human follicle stimulating hormone)
(2)  A person must not prescribe a restricted substance to which this clause applies unless the person holds an authority under Part 8 to prescribe the substance.
(3)  This clause does not apply to the prescription of a substance:
(a)  by a veterinary practitioner, or
(b)  by a person who is authorised by the Permanent Head of the Commonwealth Department of Health to issue a prescription for the substance.
(4)  A person who issues a prescription that authorises the supply of a substance to which this clause applies must ensure:
(a)  in the case of a prescription that is issued in accordance with an authority under Part 8 that was granted to a particular person (by means of an instrument in writing given to the person), that the prescription is endorsed with the reference number shown on the authority, or
(b)  in any other case, that the prescription is endorsed with words that clearly indicate that the prescription has been issued under this clause.
Maximum penalty: 15 penalty units.
38   Records to be kept of certain prescriptions
(1)  An authorised practitioner who prescribes a prescribed restricted substance must make a record of the following particulars:
(a)  the name, strength and quantity of the substance prescribed and the date on which it was prescribed,
(b)  if the substance is intended for the treatment of a person, the name and address of the person to be treated,
(c)  if the substance is intended for the treatment of an animal, the species of animal and the name and address of the animal’s owner,
(d)  the maximum number of times the substance may be supplied on the prescription,
(e)  in the case of a prescription for a special restricted substance, the intervals at which the substance may be supplied on the prescription,
(f)  the directions for use, as shown on the prescription.
(2)  The record must be kept at the surgery, hospital or office of the person prescribing the substance.
Maximum penalty: 15 penalty units.