28Unlawful conduct in relation to prescriptions

### 28 Unlawful conduct in relation to prescriptions > > (1)  In this section – > > > > > ***blank prescription form*** means – > > > > > > > > (a) a form that the Commission established under [section 4 of the](/view/html/inforce/2026-04-12/act-1973-999#) [Health Insurance Commission Act 1973](/view/html/inforce/2026-04-12/act-2001-094) of the Commonwealth has supplied or caused to be supplied to a health professional for the purposes of writing a prescription in accordance with the [National Health (Pharmaceutical Benefits) Regulations 1960](/view/html/inforce/2026-04-12/sr-1960-017) of the Commonwealth; or > > > > > > > > > (b) a form that a health professional has privately prepared or caused to be prepared for the purpose of writing a prescription, being a form that identifies, and purports to be a prescription form of, that health professional; > > > > > ***conduct*** includes the making of an oral or written representation; > > > > [*\[Section 28 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja45@GC2@EN) > > > > > [*\[Section 28 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja45@GC2@EN) ***health professional*** means – > > > > > > > > (a) a medical practitioner; and > > > > > > > > > (b) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dentist; and > > > > > > > > > (c) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the nursing profession who is endorsed by the Nursing and Midwifery Board of Australia to practise as a nurse practitioner; and > > > > > > > > > (d) a person who may lawfully practise as a veterinary surgeon, whether in this State or in a Territory or another State. > > > > > ***prescription*** means a prescription of a health professional, for the supply of a substance comprising or consisting of a controlled drug or controlled precursor; > > > > > ***unlawfully altered***, in relation to a prescription, means altered by a person other than the health professional who issued it. > > > (2)  A person must not – > > > > > > (a) forge a prescription; or > > > > > > > (b) possess a prescription knowing it to have been forged or unlawfully altered; or > > > > > > > (c) utter a prescription knowing it to have been forged or unlawfully altered. > > > > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years. > > > (3)  A person must not unlawfully alter a prescription. > > > > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years. > > > (4)  A person must not obtain a prescription by means of conduct that the person knows to be false, misleading or deceptive. > > > > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years. > > > (5)  A person must not, without lawful excuse, possess a blank prescription form. > > > > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years.