Medicines and Poisons (Medicines) Regulation 2021
sec.227Reporting failure to give written prescription
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sec.227 Reporting failure to give written prescription
This section applies if— a prescriber fails to comply with a relevant provision relating to a prescription for a medicine; and a person dispenses, gives or administers the medicine on the prescription; and the person is not aware of a reasonable excuse for the prescriber’s failure to comply. The person must give notice about the prescriber’s failure to comply with the relevant provision— if the person is employed by the same entity as the prescriber—to the relevant manager of the prescriber as soon as practicable; otherwise—to the chief executive in the approved form within 48 hours after the end of the period for compliance mentioned in subsection (1) . Maximum penalty—20 penalty units. Subsection (4) applies if— the person notifies the relevant manager of the prescriber of the prescriber’s failure to comply; and the prescriber does not rectify the failure within 48 hours after the notification. The relevant manager must give notice about the failure to the chief executive in the approved form as soon as practicable. Maximum penalty—20 penalty units. In this section— relevant manager , of a prescriber, means a person who is responsible for managing the prescriber’s compliance with a relevant provision. relevant provision means section 84 (4) , 92 (3) or (4) , or 100 (2) or (3) . (sec.227-ssec.1) This section applies if— a prescriber fails to comply with a relevant provision relating to a prescription for a medicine; and a person dispenses, gives or administers the medicine on the prescription; and the person is not aware of a reasonable excuse for the prescriber’s failure to comply. (sec.227-ssec.2) The person must give notice about the prescriber’s failure to comply with the relevant provision— if the person is employed by the same entity as the prescriber—to the relevant manager of the prescriber as soon as practicable; otherwise—to the chief executive in the approved form within 48 hours after the end of the period for compliance mentioned in subsection (1) . Maximum penalty—20 penalty units. (sec.227-ssec.3) Subsection (4) applies if— the person notifies the relevant manager of the prescriber of the prescriber’s failure to comply; and the prescriber does not rectify the failure within 48 hours after the notification. (sec.227-ssec.4) The relevant manager must give notice about the failure to the chief executive in the approved form as soon as practicable. Maximum penalty—20 penalty units. (sec.227-ssec.5) In this section— relevant manager , of a prescriber, means a person who is responsible for managing the prescriber’s compliance with a relevant provision. relevant provision means section 84 (4) , 92 (3) or (4) , or 100 (2) or (3) .
- (a) a prescriber fails to comply with a relevant provision relating to a prescription for a medicine; and
- (b) a person dispenses, gives or administers the medicine on the prescription; and