Schedule 9 poison on a prescription contrary to the instructions written on the prescription, including by—
(c) if the prescription specifies that only a specific brand of the poison is to be supplied, supplying a different brand.
53 Exceptional circumstances in which pharmacist may sell or supply Schedule 4 poison or Schedule 8 poison contrary to instructions on prescription
For the purposes of regulations 50(4) and 51(5), the exceptional circumstances in which a pharmacist may sell or supply a Schedule 4 poison or Schedule 8 poison on a prescription or a copy of a prescription but contrary to the instructions written on the prescription are the following—
(a) the supply is consistent with a further verbal or written instruction given by the prescriber;
(b) a departure from those instructions is requested by or on behalf of the person named on the prescription and—
(i) the pharmacist has taken reasonable steps to contact the prescriber but has been unable to do so; and
(ii) the pharmacist is satisfied that not to depart from the prescription as requested would impose an unreasonable difficulty or inconvenience on the patient; and
(iii) the pharmacist has taken all reasonable steps to ensure that supplying the poison as requested would not represent an unacceptable risk to the health and safety of the patient; and
(iv) the supply does not result in the poison being provided in a quantity that is greater than the quantity requested (if any) by or on behalf of the person named in the prescription;
(c) at the time that the prescription is presented, it is not reasonably practicable for the pharmacist to comply with the instructions written on the prescription and—
(i) the pharmacist has taken reasonable steps to contact the prescriber but has been unable to do so; and
(ii) the patient consents to the departure from the instructions; and
(iii) the pharmacist has taken all reasonable steps to ensure that supplying the poison in that manner would not represent an unacceptable risk to the health and safety of the patient.
1 Regulations 50(4) and 51(5) prohibit a pharmacist from selling or supplying a Schedule 4 poison or Schedule 8 poison on a prescription contrary to the instructions written on the prescription other than in the exceptional circumstances set out in this provision.
2 Regulation 68 requires that the pharmacist notify the prescriber and make a record of sale or supply in the circumstances set out in paragraphs (b) and (c).
54 Sale or supply of Schedule 4 poison or Schedule 8 poison in accordance with hospital medication chart
Schedule Sch 9 - Drugs, Poisons and Controlled Substances Regulations 2017 - poison on a prescription contrary to the instructions written on the prescription, including by— | Zoe
For the purposes of regulations 47(1)(c) and 48(1)(c), a pharmacist may supply a Schedule 4 poison or Schedule 8 poison to a patient in or at a hospital or day procedure centre in accordance with a chart instruction given on a hospital medication chart if—
(a) the pharmacist has seen the material that, under regulation 45(2) of the Commonwealth Regulations, an approved supplier must see before supplying a pharmaceutical benefit on the basis of a medication chart prescription; and
(b) the supply is to be undertaken by the pharmacist in the course of the pharmacist's practice at a pharmacy or pharmacy department connected to the hospital or day procedure centre.
Regulation 61 requires the pharmacist to mark the hospital medication chart on supplying the poison.
55 Sale or supply of Schedule 4 poison in accordance with residential medication chart
For the purposes of regulation 47(1)(d), a pharmacist may supply a Schedule 4 poison to a resident in accordance with a chart instruction given on a residential medication chart if the pharmacist has seen the material that, under regulation 45(2) of the Commonwealth Regulations, an approved supplier must see before supplying a pharmaceutical benefit on a medication chart prescription.
Regulation 62 requires the pharmacist to mark the residential medication chart on supplying the poison.
Reg. 55A inserted by S.R. No. 73/2020 reg. 14.
55A Sale or supply of Schedule 8 poison in accordance with residential medication chart that is an electronic medication chart
For the purposes of regulation 48(1)(ca), a pharmacist may supply a Schedule 8 poison to a resident in accordance with a chart instruction given on a residential medication chart that is an electronic medication chart, if the pharmacist has seen the material that, under regulation 45(2) of the Commonwealth Regulations, an approved supplier must see before supplying a pharmaceutical benefit on a medication chart prescription.
56 Sale or supply of Schedule 4 poison by pharmacist in emergency
For the purposes of regulation 47(1)(e), a pharmacist may sell or supply a Schedule 4 poison without a prescription in an emergency if—
(a) the pharmacist considers that the sale or supply is necessary to ensure continuity of treatment; and
(b) the pharmacist is satisfied that—
(i) there is an immediate need for the poison and it is impracticable for the patient to obtain a prescription in time to meet that need; and
Reg. 56(b)(ii) amended by S.R. No. 31/2018 reg. 12.
(ii) treatment with the poison has previously been provided for by a prescription issued, or a chart instruction written for the patient by a registered medical practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist; and
(iii) the patient, or an agent of the patient, or a person who has the care of the patient, or a person who is assisting in the care of the patient, is aware of the appropriate dose of that poison for that patient; and
(c) the quantity supplied does not exceed—
(i) 3 days' supply; or
(ii) if it is not practical to supply a quantity required for 3 days, the smallest commercially available pack; and
(d) the sale or supply would not continue treatment that has already been continued by the pharmacist selling or supplying the poison to the patient under this regulation.
57 Sale or supply of Schedule 4 poison by pharmacist for continuity of treatment
For the purposes of regulation 47(1)(f), a pharmacist may sell or supply a Schedule 4 poison to a person without a prescription if—
(a) the pharmacist considers that the sale or supply is necessary to ensure continuity of treatment; and
Reg. 57(b) amended by S.R. No. 112/2022 reg. 6.
(b) the Schedule 4 poison is listed in the National Health (Continued Dispensing) Determination 2022; and
Reg. 57(c) amended by S.R. No. 112/2022 reg. 6.
(c) the sale or supply complies with the conditions in the National Health (Continued Dispensing) Determination 2022; and
(d) the Minister has approved under regulation 159 the sale or supply of that poison without a prescription; and
(e) the pharmacist has not previously sold or supplied the Schedule 4 poison to the patient in accordance with this regulation in the previous 12 months.
Reg. 57A inserted by S.R. No. 105/2023 reg. 5.
57A Sale or supply of Schedule 4 poison by pharmacist for treatment of a person under the pharmacist's care without prescription or other instruction or authorisation
For the purposes of regulation 47(1)(j), a pharmacist may sell or supply a Schedule 4 poison without a prescription or other instruction or authorisation referred to in regulation 47(1)(a) to (i) if—
(a) that sale or supply is for treatment of a person—
(i) under the pharmacist's care; and
(b) the pharmacist has taken all reasonable steps to ensure a therapeutic need exists for the poison; and
(c) the Secretary has approved the poison under regulation 163A(1); and
(d) the sale or supply complies with the conditions specified in the approval (if any).