Medicines and Poisons Act 2019
sec.41Requirement to check database for particular dealings with monitored medicines
Start here
Get a plain-English read of sec.41
Turn the raw legal text into a practical explanation grounded in Medicines and Poisons Act 2019.
sec.41 Requirement to check database for particular dealings with monitored medicines
This section applies to a relevant practitioner if— the practitioner is authorised to prescribe a monitored medicine and proposes to prescribe the medicine for a person; or the practitioner is authorised to dispense a monitored medicine and proposes to dispense the medicine for a person; or the practitioner is authorised to give a treatment dose of a monitored medicine and proposes to give the treatment dose of the medicine to be taken by a person. Before the proposed dealing happens, the relevant practitioner must check the monitored medicines database to see whether information recorded in the database shows that the person has previously been prescribed, dispensed or given any monitored medicine. Maximum penalty—20 penalty units. Subsection (2) does not apply to the relevant practitioner if— the proposed dealing happens in circumstances prescribed by regulation to be exempt from the subsection; or the relevant practitioner has a reasonable excuse for not complying with the subsection. In this section— relevant practitioner means a health practitioner prescribed by regulation to be a relevant practitioner for this section. s 41 sub 2021 No. 12 s 229 (sec.41-ssec.1) This section applies to a relevant practitioner if— the practitioner is authorised to prescribe a monitored medicine and proposes to prescribe the medicine for a person; or the practitioner is authorised to dispense a monitored medicine and proposes to dispense the medicine for a person; or the practitioner is authorised to give a treatment dose of a monitored medicine and proposes to give the treatment dose of the medicine to be taken by a person. (sec.41-ssec.2) Before the proposed dealing happens, the relevant practitioner must check the monitored medicines database to see whether information recorded in the database shows that the person has previously been prescribed, dispensed or given any monitored medicine. Maximum penalty—20 penalty units. (sec.41-ssec.3) Subsection (2) does not apply to the relevant practitioner if— the proposed dealing happens in circumstances prescribed by regulation to be exempt from the subsection; or the relevant practitioner has a reasonable excuse for not complying with the subsection. (sec.41-ssec.4) In this section— relevant practitioner means a health practitioner prescribed by regulation to be a relevant practitioner for this section.
- (a) the practitioner is authorised to prescribe a monitored medicine and proposes to prescribe the medicine for a person; or
- (b) the practitioner is authorised to dispense a monitored medicine and proposes to dispense the medicine for a person; or
- (c) the practitioner is authorised to give a treatment dose of a monitored medicine and proposes to give the treatment dose of the medicine to be taken by a person.