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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 23:34)
Part 3 Division 4 Subdivision 2
Subdivision 2 Supply without prescription
43   Supply by certain health practitioners
(1)  A medical practitioner must not supply a restricted substance to any person otherwise than for medical treatment.
(2)  A nurse practitioner must not supply a restricted substance to any person otherwise than in the course of practising as a nurse practitioner.
(3)  A midwife practitioner must not supply a restricted substance to any person otherwise than in the course of practising as a midwife practitioner.
(4)  A dentist must not supply a restricted substance to any person otherwise than for dental treatment.
(5)  An optometrist must not supply a restricted substance to any person otherwise than in the course of practising as an optometrist.
(6)  A veterinary practitioner must not supply a restricted substance to any person otherwise than for veterinary treatment.
(7)  A podiatrist must not supply a restricted substance to any person otherwise than in the course of practising as a podiatrist.
Maximum penalty: 15 penalty units.
44   Emergency supply by pharmacists on direction of certain health practitioners
(1)  A pharmacist may supply a person with a restricted substance (including a prescribed restricted substance) in accordance with a direction given under clause 36.
(2)  A prescription that is subsequently sent in confirmation of the direction must be dealt with in accordance with clauses 41 and 42, and details of the supply must be recorded in accordance with clause 55, in the same way as if the restricted substance had been supplied on prescription.
(3)  If such a prescription is not received within 7 days after the substance is supplied, the pharmacist must report that fact to the Director-General.
Maximum penalty: 15 penalty units.
45   Emergency supply by pharmacists otherwise than on direction of health practitioner
(1)  A pharmacist may supply a person with a restricted substance (other than a prescribed restricted substance) if the pharmacist is satisfied:
(a)  that the person is undergoing treatment essential to the person’s well-being, and
(b)  that the substance has previously been prescribed for the treatment, and
(c)  that the person is in immediate need of the substance for continuation of the treatment, and
(d)  that, in the circumstances, it is not practicable for the person to obtain a prescription for the substance from an authorised practitioner.
(2)  A restricted substance may not be supplied to any person under this clause unless:
(a)  the quantity supplied is no more than that required for 3 days’ treatment, or
(b)  in the case of a liquid, aerosol, cream, ointment or anovulant tablet that is contained in a standard pack, the standard pack is the smallest standard pack in which that kind of liquid, aerosol, cream, ointment or anovulant tablet is generally available.
Maximum penalty: 15 penalty units.
45A   Supply by pharmacists in accordance with determination under National Health Act 1953 of Commonwealth
(1)  A pharmacist may supply a person with a restricted substance that is covered by the Continued Dispensing Determination under this clause if:
(a)  the supply is made in accordance with conditions that are specified in that determination, and
(b)  the supply is made in accordance with the document entitled Guidelines for the Continued Dispensing of eligible prescribed medicines by pharmacists, issued by the Pharmaceutical Society of Australia and as in force on 1 July 2012, and
(c)  the pharmacist is an approved pharmacist within the meaning of the National Health Act 1953 of the Commonwealth, and
(d)  the person is in immediate need of the substance for continuation of treatment.
(2)  In this clause, Continued Dispensing Determination means the National Health (Continued Dispensing) Determination 2012 of the Commonwealth, as in force on the commencement of the Poisons and Therapeutic Goods Amendment (Continued Dispensing) Regulation 2013.
46   Supply by pharmacists to health practitioners for emergency use
A pharmacist may supply an authorised practitioner with a restricted substance (including a prescribed restricted substance) for emergency use, but only on a written order signed and dated by the authorised practitioner.
47   Supply by pharmacists to nursing homes of stock for emergency use
(1)  The director of nursing of a nursing home is authorised to have possession of a restricted substance (including a prescribed restricted substance) that is approved by the Director-General for emergency use in that nursing home.
(2)  A retail pharmacist is authorised to supply a manufacturer’s original pack of a restricted substance (including a prescribed restricted substance) to the director of nursing of a nursing home but only if the substance is supplied:
(a)  at the premises of, and in the course of carrying on the business of, the pharmacy, and
(b)  in accordance with a written order signed by the director of nursing.
(3)  A director of nursing at a nursing home must not:
(a)  sign an order under this clause for a restricted substance unless the substance is approved by the Director-General for emergency use in that nursing home, or
(b)  allow any restricted substance in his or her possession to be used otherwise than for administration to a resident of the nursing home in accordance with an authorisation by a medical practitioner, nurse practitioner, podiatrist, dentist or optometrist who prescribes substances to the nursing home’s residents.
Maximum penalty: 15 penalty units.
(4)  An approval under this clause:
(a)  is to be by order in writing, and
(b)  may apply generally or may be limited to a particular nursing home or class of nursing homes, and
(c)  may apply generally or may be limited to a particular substance or class of substance, and
(d)  may be given unconditionally or subject to conditions.
48   Supply by pharmacists of benzylpenicillin for use in animals
(1)  This clause applies to benzylpenicillin, including procaine penicillin, in preparations for use by intramuscular injection in animals.
(2)  A pharmacist may supply benzylpenicillin otherwise than on prescription to a person who satisfies the pharmacist that it is needed for the urgent treatment of an animal and that, under the circumstances, it is not practicable to obtain a prescription authorising its supply.
(3)  A pharmacist must not supply benzylpenicillin:
(a)  to any person who is under 18 years of age, or
(b)  to any person who is unknown to the pharmacist.
(4)  Subclause (3) (b) does not prevent a pharmacist from supplying benzylpenicillin to a person who is unknown to the pharmacist if it is supplied in the presence of a person who is known to the pharmacist and who satisfies the pharmacist that he or she knows the person being supplied.
48A   Supply by pharmacists of influenza vaccine
(1)  A pharmacist may supply and administer an influenza vaccine to a person who is 18 years old or older at a retail pharmacy otherwise than on prescription if:
(a)  the pharmacist has completed a training course conducted by a provider of continuing professional development who is accredited by the Australian Pharmacy Council to provide the course, being a course that complies with any standards for the accreditation of programs to support pharmacist administration of vaccines that are published by the Australian Pharmacy Council from time to time, and
(b)  the pharmacist acts in accordance with any practice standards approved by the Director-General.
(2)  A pharmacist who supplies an influenza vaccine to a person in accordance with this clause must record the following details:
(a)  the person’s name, address, date of birth and contact details,
(b)  the name and contact details of the person’s primary medical practitioner,
(c)  the brand, batch number and expiry date of the vaccine,
(d)  the part of the body to which the vaccine was administered,
(e)  the date on which the vaccine was administered,
(f)  the pharmacist’s name and contact details and his or her certificate of accreditation number,
(g)  the address of the pharmacy at which the vaccination was administered,
(h)  a unique reference number for the supply and administration.
Maximum penalty: 15 penalty units.