Medicines and Poisons Act 2019
sec.40Offences for self-prescribing or self-administering high-risk medicines
Start here
Get a plain-English read of sec.40
Turn the raw legal text into a practical explanation grounded in Medicines and Poisons Act 2019.
sec.40 Offences for self-prescribing or self-administering high-risk medicines
A person who is authorised to prescribe a high-risk medicine must not self-prescribe the medicine unless the person has a reasonable excuse. Maximum penalty—100 penalty units. A person who is authorised to prescribe a high-risk medicine is injured in an accident and asks someone to urgently administer a high-risk medicine that is an analgesia to the person. A person who is authorised to prescribe a high-risk medicine self-prescribes the medicine because the person urgently needs it to avoid a break in the person’s regular treatment for a seizure disorder. A person who is authorised to deal with a high-risk medicine must not self-administer a dose of the medicine unless— someone else who is authorised to prescribe the medicine has prescribed the medicine for the person’s treatment; or someone else who is authorised to give a treatment dose of the medicine has given the medicine to the person for the person’s treatment; or the person has a reasonable excuse. Maximum penalty—100 penalty units. In this section— high-risk medicine means a medicine prescribed by regulation to be a high-risk medicine. (sec.40-ssec.1) A person who is authorised to prescribe a high-risk medicine must not self-prescribe the medicine unless the person has a reasonable excuse. Maximum penalty—100 penalty units. A person who is authorised to prescribe a high-risk medicine is injured in an accident and asks someone to urgently administer a high-risk medicine that is an analgesia to the person. A person who is authorised to prescribe a high-risk medicine self-prescribes the medicine because the person urgently needs it to avoid a break in the person’s regular treatment for a seizure disorder. (sec.40-ssec.2) A person who is authorised to deal with a high-risk medicine must not self-administer a dose of the medicine unless— someone else who is authorised to prescribe the medicine has prescribed the medicine for the person’s treatment; or someone else who is authorised to give a treatment dose of the medicine has given the medicine to the person for the person’s treatment; or the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.40-ssec.3) In this section— high-risk medicine means a medicine prescribed by regulation to be a high-risk medicine.
- 1 A person who is authorised to prescribe a high-risk medicine is injured in an accident and asks someone to urgently administer a high-risk medicine that is an analgesia to the person.
- 2 A person who is authorised to prescribe a high-risk medicine self-prescribes the medicine because the person urgently needs it to avoid a break in the person’s regular treatment for a seizure disorder.
- (a) someone else who is authorised to prescribe the medicine has prescribed the medicine for the person’s treatment; or