48Sale or supply of Schedule 8 poison by pharmacist

48 Sale or supply of Schedule 8 poison by pharmacist

(1) A pharmacist must not sell or supply a Schedule 8 poison unless that sale or supply is—

(a) subject to regulation 51, sale or supply—

(i) on an original prescription of a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner or authorised midwife; or

(ii) if the original prescription is required to be submitted to a public authority by any Act of a State or Territory or the Commonwealth, on a copy of a prescription referred to in subparagraph (i) certified by, or accompanied by a certification from, a pharmacist who has previously received the prescription; or

Reg. 48(1)(b) amended by S.R. No. 20/2023 reg. 8.

(b) sale or supply in accordance with a verbal instruction given under regulation 25(1) or (2) or a digital image of an original prescription transmitted under regulation 25A(1) or (2).; or

(c) subject to regulation 54, sale or supply to a patient in or at a hospital or day procedure centre in accordance with a chart instruction given on a hospital medication chart; or

Reg. 48(1)(ca) inserted by S.R. No. 73/2020 reg. 13.

(ca) subject to regulation 55A, sale or supply to a resident in accordance with a chart instruction given on a residential medication chart that is an electronic medication chart; or

Reg. 48(1)(d) substituted by S.R. No. 13/2021 reg. 12.

(d) sale or supply in accordance with an order of—

(v) an authorised registered nurse; or

(vi) an approved registered nurse; or

(vii) an authorised midwife; or

(viii) an approved registered midwife; or

(e) sale or supply on the order of a person holding a permit for the poison; or

Reg. 48(1)(ea) inserted by S.R. No. 61/2023 reg. 11.

(ea) if the poison is Schedule 8 MDMA or Schedule 8 psilocybine, the sale or supply is to—

(i) an authorised psychedelic psychiatrist who has—

(A) issued a prescription for the Schedule 8 MDMA or Schedule 8 psilocybine and the sale or supply is on that original prescription; or

(B) issued a written instruction or given a verbal instruction in respect of the Schedule 8 MDMA or Schedule 8 psilocybine; or

(ii) a registered medical practitioner, nurse practitioner or nurse authorised by an authorised psychedelic psychiatrist referred to in subparagraph (i) to act on the psychiatrist's behalf; or

(iii) a registered medical practitioner who has—

(A) issued a prescription for the Schedule 8 MDMA or the Schedule 8 psilocybine for another person who is a participant in a clinical trial and the clinical trial is approved by or notified to the Commonwealth Secretary under the Therapeutic Goods Act 1989 of the Commonwealth and approved by a human research ethics committee and the sale or supply is on that original prescription; or