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Contents (2008 - 392)
Poisons and Therapeutic Goods Regulation 2008
Current version for 1 July 2017 to date (accessed 22 November 2017 at 18:18)
Part 3 Division 4 Subdivision 1
Subdivision 1 Supply on prescription
39   Prescriptions may be filled only if in proper form
(1)  A pharmacist must not supply a restricted substance on prescription unless the prescription is in the form required by Division 3.
(2)  This clause does not prevent a pharmacist from supplying a restricted substance on a prescription that otherwise complies with clause 35 (1) merely because:
(a)  the prescription fails to specify the maximum number of times the substance may be supplied, or
(b)  in the case of a prescription for a special restricted substance, the prescription fails to specify the intervals at which the substance may be supplied, or
(c)  the address shown on the prescription indicates that it has been issued by a veterinary practitioner from some other State or a Territory.
(2A)  This clause does not prevent a pharmacist from supplying a substance on a medication chart prescription that otherwise complies with clause 35 (1A) merely because the prescription fails to specify the maximum number of times that the substance may be supplied.
(3)  A pharmacist must not supply a restricted substance on a prescription referred to in subclause (2) (a) or (b) if it appears to the pharmacist that the substance has previously been supplied on the prescription, regardless of how many times the prescription purports to authorise the supply of the substance.
(4)  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.
(5)  Such an exemption may be given unconditionally or subject to conditions.
Maximum penalty: 15 penalty units.
40   Certain prescriptions not to be filled
(1)  A pharmacist must not supply a restricted substance on prescription:
(a)  if the prescription is marked “CANCELLED”, or
(b)  if the substance has already been supplied on the prescription the maximum number of times indicated by the prescription, or
(c)  if the interval of time that has elapsed since the substance was last supplied on the prescription is less than that indicated by the prescription as the minimum interval that must elapse between successive supplies of the substance, or
(d)  if the prescription is illegible or defaced, or
(e)  if the prescription appears to have been forged or fraudulently obtained, or
(f)  if the prescription appears to have been altered otherwise than by the authorised practitioner by whom it was issued, or
(g)  if the prescription is dated:
(i)  in the case of a medication chart prescription—more than 4 months before the date on which the supply is requested, or
(ii)  in the case of a prescription, other than a medication chart prescription, for a prescribed restricted substance—more than 6 months before the date on which the supply is requested, or
(iii)  in any other case—more than 12 months before the date on which the supply is requested, or
(h)  in the case of a medication chart prescription—where it appears to the pharmacist that a sufficient quantity of the substance has already been supplied to the resident for the period indicated on the prescription.
(2)  Immediately on being requested to supply a prescribed restricted substance in either of the circumstances referred to in subclause (1) (e) or (f), a pharmacist must retain the prescription and cause notice of the request to be given to a police officer.
Maximum penalty: 15 penalty units.
41   Prescriptions to be endorsed
(1)  A pharmacist who supplies a restricted substance on prescription must (on each occasion the substance is supplied) endorse the following particulars (in ink) on the prescription:
(a)  the date on which the substance was supplied,
(b)  the address of the place at which the substance was supplied,
(c)  the prescription reference number.
Maximum penalty: 15 penalty units.
(2)  A person who supplies a substance on prescription must endorse (in ink) across the prescription the word “CANCELLED”:
(a)  if the maximum number of times the prescription is to be dispensed is not clearly specified, or
(b)  if (in the case of a prescription for a special restricted substance) the intervals at which the substance may be supplied are not clearly specified, or
(c)  if the prescription has reached the last occasion on which it can be supplied according to the maximum number of times specified on it.
Maximum penalty: 15 penalty units.
(3)  The Director-General may, by order in writing, exempt any person or substance, or any class of persons or substances, from any or all of the requirements of this clause.
(4)  Such an exemption may be given unconditionally or subject to conditions.
(5)  This clause does not apply to a medication chart prescription.
42   Prescriptions for certain substances to be kept
(1)  A pharmacist who supplies a special restricted substance on prescription must keep the prescription, whether or not the prescription authorises more than one supply of the substance.
Maximum penalty: 20 penalty units.
(2)  A pharmacist must keep prescriptions for special restricted substances separate from other prescriptions (other than prescriptions for drugs of addiction).
Maximum penalty: 20 penalty units.
(3)  The Director-General may, by order in writing, exempt any person or substance, or any class of persons or substances, from any or all of the requirements of this clause.
(4)  Such an exemption may be given unconditionally or subject to conditions.