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Contents (2008 - 392)
Poisons and Therapeutic Goods Regulation 2008
Current version for 1 July 2017 to date (accessed 18 November 2017 at 04:19)
Part 4 Division 3
Division 3 Prescriptions
77   Unauthorised persons not to prescribe drugs of addiction
(1)  An authorised practitioner may issue a prescription for a drug of addiction.
(2)  A person must not issue a prescription for a drug of addiction unless authorised to do so by this clause.
Maximum penalty: 20 penalty units.
78   Prescriptions may be issued for certain purposes only
(1)  A medical practitioner must not issue a prescription for a drug of addiction otherwise than for medical treatment.
(2)  A nurse practitioner must not issue a prescription for a drug of addiction otherwise than in the course of practising as a nurse practitioner.
(3)  A midwife practitioner must not issue a prescription for a drug of addiction otherwise than in the course of practising as a midwife practitioner.
(4)  A dentist must not issue a prescription for a drug of addiction otherwise than for the dental treatment (for a period not exceeding one month’s continuous treatment) of a patient and must endorse any such prescription with the words “FOR DENTAL TREATMENT ONLY”.
(5)  If the patient is in a hospital, the dentist may issue a prescription for any drug of addiction.
(6)  If the patient is not in a hospital, the dentist may issue a prescription only:
(a)  for pentazocine, or
(b)  for any drug of addiction included in the list of preparations that may be prescribed by participating dental practitioners for dental treatment only set out in the Schedule of Pharmaceutical Benefits issued by the Commonwealth Department of Health, as that Schedule is in force from time to time.
(7)  A veterinary practitioner must not issue a prescription for a drug of addiction otherwise than for veterinary treatment, and must endorse any such prescription with the words “FOR ANIMAL TREATMENT ONLY”.
Maximum penalty: 20 penalty units.
79   Quantity and purpose of prescriptions to be appropriate
An authorised practitioner must not issue a prescription for a drug of addiction 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.
80   Form of prescription
(1)  A person who issues a prescription for a drug of addiction must ensure that the prescription includes the following details:
(a)  the date on which it is issued,
(b)  the name and address of the patient or (if the treatment is for an animal) the species of animal and the name and address of the animal’s owner,
(c)  the name, strength and quantity (expressed in both words and figures) of the drug to be supplied,
(d)  adequate directions for use,
(e)  the maximum number of times the drug may be supplied on the prescription,
(f)  the intervals at which the drug 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.
(2)  The details referred to in subclause (1) (a)–(f) 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,
and the prescription must be signed by the person by whom it is issued.
(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 must not issue a prescription that includes:
(a)  more than one preparation containing a drug of addiction, or
(b)  both a preparation containing a drug of addiction and another preparation.
(5)  The Director-General may, by order in writing, exempt any person or drug of addiction, or any class of persons or drugs of addiction, from any or all of the requirements of this clause.
(6)  Such an exemption may be given unconditionally or subject to conditions.
Maximum penalty: 20 penalty units.
81   Emergency prescriptions may be given by telephone or otherwise
(1)  In an emergency, an authorised practitioner may direct the supply of a drug of addiction orally, by telephone, by electronic mail or by facsimile.
(2)  A person who so directs the supply of a drug of addiction:
(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 120.
Maximum penalty: 20 penalty units.
82   Records of prescriptions
(1)  An authorised practitioner who prescribes a drug of addiction must make a record of the following particulars:
(a)  the name, strength and quantity of the drug prescribed and the date on which it was prescribed,
(b)  if the drug is intended for the treatment of a person, the name and address of the person to be treated,
(c)  if the drug 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 drug may be supplied on the prescription,
(e)  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: 20 penalty units.
83   Exceptions to section 28—prescriptions generally
(1)  A medical practitioner or nurse practitioner is authorised to issue a prescription for a drug of addiction for a person without an authority under section 29 of the Act if:
(a)  the medical practitioner or nurse practitioner is of the opinion that the person requires the use of the drug in the course of treatment as an in-patient in a public hospital or private health facility, and
(b)  the prescription is for a course of treatment for a period of not more than 14 days following the person’s admission as an in-patient.
(2)  A medical practitioner or nurse practitioner is authorised to prescribe methadone or buprenorphine for the treatment of a person without an authority under section 29 of the Act if:
(a)  in the case of a medical practitioner, the medical practitioner is approved as a prescriber of drugs of addiction under section 28A of the Act and, in the case of a nurse practitioner, the nurse practitioner is authorised by the Director-General for the purposes of this clause, and
(b)  at the time the prescription is issued the person is, or at some time during the preceding 21 days was, an inmate in a correctional centre (within the meaning of the Crimes (Administration of Sentences) Act 1999), and
(c)  the prescription is for methadone or buprenorphine in oral dosage form for use by the person as a course of treatment:
(i)  while an inmate, or
(ii)  during a period of not more than 21 days after release, and
(d)  immediately before the person became an inmate, a medical practitioner or nurse practitioner had an authority under section 29 of the Act to prescribe methadone or buprenorphine for the person, or to supply methadone or buprenorphine to the person, and
(e)  the prescription is issued for the purpose of continuing the treatment that the person was receiving or was about to receive immediately before the person became an inmate.
(3)  A medical practitioner or nurse practitioner is authorised to issue a prescription for a drug of addiction for a person without an authority under section 29 of the Act if:
(a)  the person is the subject of such an authority, and
(b)  the medical practitioner or nurse practitioner is practising at the same premises that the holder of the authority was practising at when the authority was issued, and
(c)  the prescription is issued in accordance with any conditions to which that authority is subject.
84   Exceptions to section 28—prescriptions for amphetamines and nabiximols
(1)  This clause applies to the following substances:
amphetamine
dexamphetamine
lisdexamfetamine
methylamphetamine
methylphenidate
nabiximols
phendimetrazine
phenmetrazine
(2)  A medical practitioner is authorised to issue a prescription for dexamphetamine, lisdexamfetamine or methylphenidate for a person without an authority under section 29 of the Act:
(a)  for the purpose of testing the suitability of the person to undergo a course of medical treatment involving the use of such a substance, or
(b)  for the purpose of treating the person for attention deficit disorder (ADD) or attention deficit hyperactivity disorder (ADHD),
so long as the medical practitioner holds an authority under Part 8 to prescribe such a substance.
(3)  An authorised practitioner (other than a medical practitioner) must not issue a prescription for a substance to which this clause applies.
Maximum penalty: 20 penalty units.