Part 1 Preliminary

1 Short title

These regulations may be cited as the Poisons Regulations 2018 .

2 Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3 Interpretation

(1)  In these regulations, unless the contrary intention appears –

Aboriginal health worker means a person who holds a Certificate III, or equivalent, in Aboriginal Primary Health Care from a registered training organisation;

Act means the Poisons Act 1971 ;

Ambulance Service means Ambulance Tasmania established under the Ambulance Service Act 1982 ;

approved name, in relation to a poison, restricted substance or narcotic substance means the name for that poison, restricted substance or narcotic substance determined in a manner approved by the Minister;

[Regulation 3 Subregulation (1) amended by S.R. 2022, No. 45, Applied:13 Jul 2022] approved recording system means a system or method approved by the Secretary for the keeping of records of prescriptions;

authorised nurse means a nurse who holds a nurse's authority granted under regulation 35 ;

authorised officer, in relation to a medical institution, means –

(a) [Regulation 3 Subregulation (1) amended by No. 23 of 2022, s. 46, Applied:24 Oct 2022] a pharmacist employed as such in that institution or, where more than one pharmacist is employed, the chief pharmacist; or

(b) [Regulation 3 Subregulation (1) amended by No. 23 of 2022, s. 46, Applied:24 Oct 2022] where no pharmacist is employed in that institution, the medical practitioner in charge of that institution; or

(c) [Regulation 3 Subregulation (1) amended by No. 23 of 2022, s. 46, Applied:24 Oct 2022] where no pharmacist is employed in that institution and there is no medical practitioner in charge thereof, the registered nurse in charge of that institution;

authorised person means a person to whom responsibility for the storage and security of a medicine chest has been given under regulation 122(3) ;

chemist means –

(a) [Regulation 3 Subregulation (1) amended by No. 23 of 2022, s. 46, Applied:24 Oct 2022] a pharmacist; or

(b) a manufacturing chemist or wholesale chemist licensed under section 16 of the Act;

children and youth services facility means a children and youth services facility approved by the Secretary for the purposes of these regulations;

Commonwealth Department means the Department of State of the Commonwealth responsible for the administration of the Therapeutic Goods Act 1989 of the Commonwealth or of such Act that from time to time has effect in substitution for that Act;

correctional health facility means a correctional health facility approved by the Secretary for the purposes of these regulations;

day book means any continuous written record kept by a medical practitioner indicating the medicines or narcotic substances supplied to patients;

[Regulation 3 Subregulation (1) amended by S.R. 2025, No. 8, Applied:12 Mar 2025] day-procedure centre has the same meaning as in the Health Service Establishments Act 2006 ;

day-treatment centre means a centre at which a person is admitted and discharged on the same day for medical, surgical or other treatment;

declared restricted substance means a restricted substance that, in accordance with an order in force under section 36 of the Act, is a substance to which that section applies;

dental therapist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dental therapist;

detainee means a person who is being lawfully detained in a detention centre;

detention centre means a detention centre established under section 123 of the Youth Justice Act 1997 ;

Director of Public Health means the Director of Public Health appointed under the Public Health Act 1997 ;

[Regulation 3 Subregulation (1) amended by No. 6 of 2025, s. 27, Applied:01 Jul 2025] disability has the same meaning as in the Disability Rights, Inclusion and Safeguarding Act 2024 ;

[Regulation 3 Subregulation (1) amended by No. 6 of 2025, s. 27, Applied:01 Jul 2025] disability services provider has the same meaning as in the Disability Rights, Inclusion and Safeguarding Act 2024 ;

[Regulation 3 Subregulation (1) amended by No. 23 of 2022, s. 46, Applied:24 Oct 2022] dispensary means the room or area, within a pharmacy or other premises, that a pharmacist uses for the dispensing or preparation of prescriptions, medicines or drugs;

drug means a poison intended for human therapeutic use or animal therapeutic use;

drug therapy chart means a document prepared by a medical practitioner, dentist, authorised health professional or authorised nurse practitioner authorising the administration of a scheduled substance to a person;

employ means employ for payment or other reward and includes engage the services of, whether as an employee or an independent contractor or otherwise;

[Regulation 3 Subregulation (1) amended by No. 6 of 2025, s. 27, Applied:01 Jul 2025]

health professional means –

(a) a dentist; and

(b) a medical practitioner; and

(c) [Regulation 3 Subregulation (1) amended by No. 23 of 2022, s. 46, Applied:24 Oct 2022] a pharmacist; and

(d) a registered nurse; and

(e) a midwife; and

(f) an authorised nurse practitioner; and

(g) a veterinary surgeon; and

(h) an authorised health professional;

immediate wrapper means –

(a) any material used as the first wrapper for a single tablet, pastille, capsule or product unit; or

(b) strip packaging when used in connection with some form of primary pack;

internal use, in respect of a substance, means administration orally, parenterally or by way of a body orifice but does not include the administration of topical preparations for use in the nose, eyes, ears, mouth or throat or douches for rectal, vaginal or urethral use;

[Regulation 3 Subregulation (1) amended by S.R. 2026, No. 4, Applied:16 Feb 2026] interstate prescription means a prescription that has been written or issued by an interstate prescriber;

[Regulation 3 Subregulation (1) amended by S.R. 2026, No. 4, Applied:16 Feb 2026] interstate resident means a person who ordinarily resides in another State or a Territory;

medical institution means an institution the sole or main object, or one of the main objects, of which is, or is held out to be, the provision of accommodation (whether with or without medical or other treatment) for –

(a) persons suffering from any illness, injury, infirmity or mental disorder; or

(b) pregnant women or women immediately after childbirth; or

(c) persons who are substantially and permanently handicapped by illness, injury or congenital deformity, or by any other disability; or

(d) persons who are aged;

medication chart means –

(a) [Regulation 3 Subregulation (1) amended by S.R. 2020, No. 22, Applied:31 Mar 2020] a medication chart in a format formulated by the Australian Commission on Safety and Quality in Health Care established under section 8 of the National Health Reform Act 2011 of the Commonwealth; and

(b) a medication chart maintained at a correctional health facility; and

(c) a medication chart maintained at a children and youth services facility;

medicine chest means a medicine chest supplied under regulation 122 ;

nurse practitioner treatment means treatment carried out by a nurse practitioner in accordance with an authorisation under section 25B of the Act;

Nursing and Midwifery Board of Australia means the Nursing and Midwifery Board of Australia established under the Health Practitioner Regulation National Law (Tasmania);

optometrist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the optometry profession;

Optometry Board of Australia means the Optometry Board of Australia established under the Health Practitioner Regulation National Law (Tasmania);

oral health therapist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as an oral health therapist;

patient means, when used in relation to a medical practitioner, dentist, podiatrist, dental therapist, registered nurse, midwife, authorised nurse practitioner, optometrist, authorised health professional or enrolled nurse, a person upon whom that medical practitioner, dentist, podiatrist, dental therapist, registered nurse, midwife, authorised nurse practitioner, optometrist, authorised health professional or enrolled nurse attends in the exercise of his or her practice, profession or calling as such;

PBS medication chart has the same meaning as medication chart in regulation 41(4) of the National Health (Pharmaceutical Benefits) Regulations 2017 of the Commonwealth;

[Regulation 3 Subregulation (1) amended by No. 23 of 2022, s. 46, Applied:24 Oct 2022] pharmacy means a shop or other place, or a part of a shop or other place, in which a person practises as a pharmacist;

podiatric surgeon means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the speciality of podiatric surgery;

podiatrist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the podiatry profession;

Podiatry Board of Australia means the Podiatry Board of Australia established under the Health Practitioner Regulation National Law (Tasmania);

primary pack means the package, other than any wrapping, bag, carton or similar article, in which any poison or restricted substance is placed for the purposes of delivery to a person after sale;

private hospital means a private hospital within the meaning of the Health Service Establishments Act 2006 ;

registered training organisation means a registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth;

Registrar of Chemical Products means the Registrar of Chemical Products appointed under the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 ;

selected container means –

(a) a single-use syringe; or

(b) any other container having a capacity not exceeding 10 millilitres;

[Regulation 3 Subregulation (1) amended by No. 6 of 2025, s. 27, Applied:01 Jul 2025]

specified potent substance means a substance that, in accordance with regulation 56 , is a specified potent substance for the purposes of Division 3 of Part 4 ;

specified psychotropic substance means a restricted substance that, in accordance with regulation 52 , is a specified psychotropic substance for the purposes of section 38(1)(b) of the Act;

speech pathologist means a person who –

(a) has successfully completed an accredited course of study in speech pathology at a tertiary institution, or holds qualifications and experience deemed by Speech Pathology Australia to be equivalent to such a course; and

(b) is eligible for membership of Speech Pathology Australia;

[Regulation 3 Subregulation (1) amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022]

[Regulation 3 Subregulation (1) amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022] TasTAFE means TasTAFE as continued by the TasTAFE (Skills and Training Business) Act 2021 ;

[Regulation 3 Subregulation (1) amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022] [Regulation 3 Subregulation (1) amended by S.R. 2022, No. 78, Applied:24 Oct 2022] TasTAFE CEO has the same meaning as in the TasTAFE (Skills and Training Business) Act 2021 ;

[Regulation 3 Subregulation (1) amended by S.R. 2022, No. 78, Applied:24 Oct 2022] VAD substance has the same meaning as in the End-of-Life Choices (Voluntary Assisted Dying) Act 2021 .

(2)  A reference in these regulations to a substance includes, unless specifically exempted –

(a) the substance prepared from natural sources or artificially; and

(b) if the substance is a plant, other than a plant included in Schedule 8 to the Poisons List or a prohibited plant, that plant or any part of it when packed or prepared for therapeutic use; and

(c) any salt, active principle or derivative of the substance, including esters and ethers, and any salt of the active principle or derivative; and

(d) any alkaloid of the substance and any salt of the alkaloid; and

(e) any stereo-isomer of the substance and any salt of the stereo-isomer, except if the substance is levomethorphan or levorphanol; and

(f) any preparation or admixture containing any proportion of the substance or of any other substance included in paragraph (a) , (b) , (c) , (d) or (e) .

(3)  If a poison is present in a substance or preparation as a salt, active principle or derivative, any concentration, strength or quantity in respect of that substance or preparation is to be calculated as the concentration, strength or quantity of the poison in the form in which it is named in the Poisons List.

(4)  A reference in these regulations to a substance by name followed, in parentheses, by a capital letter "S" and a number is a reference to that substance when included in the correspondingly numbered Schedule to the Poisons List.

4 Preparations containing substances listed in two or more Schedules to Poisons List

(1)  Subject to subregulation (2) , where a preparation contains 2 or more scheduled substances, that preparation, unless the contrary intention appears, is to be taken to be included in each of the Schedules to the Poisons List in which those substances are included.

(2)  Where, in relation to a preparation referred to in subregulation (1) , it is not possible to comply both with a requirement of the Act applicable to that preparation by reason of its inclusion in one Schedule to the Poisons List and with such a requirement applicable to it by reason of its inclusion in another such Schedule, the preparation, unless the contrary intention appears, is to be taken for the purposes of the Act to be included in the more restrictive of those Schedules.

(3)  For the purposes of subregulation (2) , the comparative restrictiveness of the Schedules to the Poisons List, in descending order, is 8, 4, 7, 1, 3, 2, 6, 5.

Part 2 Administration

5 Manufacturing chemists and wholesale chemists

(1)  An application for a licence –

(a) to carry on business as a manufacturing chemist or to make, refine or prepare a narcotic substance is to be made by a qualified person and accompanied by the relevant fee specified in item 1 of Schedule 7 ; and

(b) to carry on business as a wholesale chemist is to be accompanied by the relevant fee specified in item 2 of Schedule 7 .

(2)  In subregulation (1)(a)  –

qualified person means –

(a) [Regulation 5 Subregulation (2) amended by No. 23 of 2022, s. 47, Applied:24 Oct 2022] a medical practitioner, pharmacist, dentist or veterinary surgeon; or

(b) a person who holds a degree or diploma approved by the Minister; or

(c) a person approved by the Secretary; or

(d) a person who is, or is eligible to be –

(i) a Fellow or Associate of the Royal Australian Chemical Institute; or

(ii) a Fellow, Associate or Licentiate of the Royal Institute of Chemistry; or

(e) where the carrying out of a process involving a prohibited plant is only preparatory to the use of that plant for the manufacture of a narcotic substance, a person approved by the Minister.

6 Granting of permits by Minister

(1)  The Minister may, on the application of a person and on payment of the fee (if any) specified in Schedule 7 , grant a permit under this regulation.

(2)  A permit under subregulation (1) authorises the person to whom it is issued to purchase from a licensed manufacturing chemist or a licensed wholesale chemist any of the substances specified in Schedule 1, 2, 3 or 4 to the Poisons List in such quantities and on such conditions, limitations and restrictions as the Minister may determine and as may be specified in the permit for use by the person for industrial, educational, advisory or research purposes.

(3)  A permit issued under subregulation (1) remains in force until it is cancelled, suspended or revoked by the Minister.

7 Authorised health professionals

(1)  [Regulation 7 Subregulation (1) amended by S.R. 2026, No. 4, Applied:16 Feb 2026] For the purposes of paragraph (b)(i) of the definition of authorised health professional in section 3(1) of the Act, the following classes of health professionals are prescribed:

(a) optometrists whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law (Tasmania);

(b) podiatric surgeons whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law (Tasmania);

(c) [Regulation 7 Subregulation (1) amended by S.R. 2025, No. 23, Applied:04 Jun 2025] podiatrists whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law (Tasmania);

(d) [Regulation 7 Subregulation (1) amended by S.R. 2025, No. 23, Applied:04 Jun 2025] registered nurses whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law (Tasmania);

(e) [Regulation 7 Subregulation (1) amended by S.R. 2025, No. 23, Applied:04 Jun 2025] pharmacists who are –

(i) authorised to prescribe a scheduled substance under subregulation (4) ; or

(ii) endorsed to prescribe a scheduled substance in accordance with section 25C(2) of the Act.

(2)  For the purposes of section 25C of the Act –

(a) the Optometry Board of Australia is prescribed as the authorised body for optometrists; and

(b) [Regulation 7 Subregulation (2) amended by S.R. 2025, No. 23, Applied:04 Jun 2025] the Podiatry Board of Australia is prescribed as the authorised body for podiatric surgeons and podiatrists; and

(c) [Regulation 7 Subregulation (2) amended by S.R. 2025, No. 23, Applied:04 Jun 2025] the Nursing and Midwifery Board of Australia is prescribed as the authorised body for registered nurses; and

(d) [Regulation 7 Subregulation (2) amended by S.R. 2025, No. 23, Applied:04 Jun 2025] the Secretary of the Department is prescribed as the authorised body for pharmacists.

(3)  [Regulation 7 Subregulation (3) amended by S.R. 2025, No. 23, Applied:04 Jun 2025] Subject to these regulations, an optometrist, registered nurse, podiatric surgeon or podiatrist, in the lawful practice of his or her profession may only possess, sell, supply or prescribe a scheduled substance if he or she is acting in accordance with an endorsement on his or her registration under section 94 of the Health Practitioner Regulation National Law (Tasmania).

Penalty:  Fine not exceeding 10 penalty units.

(4)  [Regulation 7 Subregulation (4) inserted by S.R. 2025, No. 23, Applied:04 Jun 2025] A pharmacist, in the lawful practice of the pharmacist’s profession, may possess, sell, supply or prescribe any scheduled substance in accordance with a protocol authorised by the Secretary, that specifically authorises the possession, sale, supply or prescription of that substance by a pharmacist.

(5)  [Regulation 7 Subregulation (5) inserted by S.R. 2025, No. 23, Applied:04 Jun 2025] Subject to these regulations, a pharmacist may only prescribe a scheduled substance –

(a) in accordance with subregulation (4) ; or

(b) if the pharmacist is endorsed to prescribe the substance in accordance with section 25C(2) of the Act.

Penalty:  Fine not exceeding 10 penalty units.

8 Administration of listed substances by optometrists

(1)  In this regulation –

optometry guidelines means the Guidelines for use of scheduled medicines published by the Optometry Board of Australia, as amended from time to time.

(2)  Optometrists, in the lawful practice of the profession of optometry, may administer a substance listed in the optometry guidelines as being a scheduled medicine approved by the Optometry Board of Australia for administration by optometrists holding general registration.

9 Administration of listed substances by podiatrists

A podiatrist in the lawful practice of the profession of podiatry, may administer –

(a) local anaesthetics included in Schedule 4 of the Poisons List; and

(b) adrenaline (S3).

10 Prescribed substances for certain first-aid services

For the purposes of the definition of prescribed substance in section 18A(1) of the Act, the following substances are prescribed:

(a) adrenaline (S3);

(ab) [Regulation 10 Amended by S.R. 2025, No. 8, Applied:12 Mar 2025] glyceryl trinitrate (S3);

(b) methoxyflurane (S4);

(c) naloxone (S3);

(d) nitrous oxide (S4);

(e) [Regulation 10 Amended by S.R. 2025, No. 8, Applied:12 Mar 2025] salbutamol (S3);

(f) [Regulation 10 Amended by S.R. 2025, No. 8, Applied:12 Mar 2025] salbutamol (S4).

Part 3 Narcotic Substances and Prohibited Plants

Division 1 Licences in respect of narcotic substances and prohibited plants

11 Licences to manufacture, &c., narcotic substances for scientific purposes

(1)  The Minister may, on the application of a person –

(a) who is in charge of a laboratory for the purpose of research or instruction; or

(b) who is an organisation; or

(c) who is an analyst appointed under section 19 of the Act –

grant a licence authorising that person –

(d) to manufacture, use or possess any narcotic substance specified in the licence for such purpose as is specified in the licence; or

(e) [Regulation 11 Subregulation (1) amended by No. 23 of 2022, s. 48, Applied:24 Oct 2022] to purchase that narcotic substance by an order written in ink from a pharmacist, a licensed manufacturing chemist, a licensed wholesale chemist or such other person as may be specified in the licence.

(2)  The holder of a licence granted under subregulation (1) is to keep a record in the form and manner approved by the Secretary showing –

(a) the amount of narcotic substance acquired for use under the licence; and

(b) the date on which, and the source from which, the narcotic substance was acquired; and

(c) the amount of the narcotic substance and the purpose for which, and the date on which, the narcotic substance was used.

12 Licences to manufacture, &c., prohibited substances for scientific purposes

(1)  The Minister may, on the application of a person –

(a) [Regulation 12 Subregulation (1) amended by S.R. 2022, No. 45, Applied:13 Jul 2022] who is in charge of a laboratory that is an exempted public institution for the purpose of research or instruction; or

(b) who is an analyst appointed under section 19 of the Act –

grant a licence authorising that person –

(c) to manufacture, use or possess any prohibited substance specified in the licence for such purpose as is specified in the licence; or

(d) to purchase that prohibited substance by an order written in ink from a licensed manufacturing chemist, a licensed wholesale chemist or such other person as may be specified in the licence.

(1A)  [Regulation 12 Subregulation (1A) inserted by S.R. 2022, No. 45, Applied:13 Jul 2022] The Minister may, on the application of a person who is in charge of a laboratory that is not an exempted public institution, grant a licence authorising that person –

(a) to manufacture, use or possess any prohibited substance specified in the licence for such purpose as is specified in the licence; or

(b) to purchase that prohibited substance by an order written in ink from a licensed manufacturing chemist, a licensed wholesale chemist or such other person as may be specified in the licence.

(2)  [Regulation 12 Subregulation (2) amended by S.R. 2022, No. 45, Applied:13 Jul 2022] The holder of a licence granted under subregulation (1) or (1A) is to maintain a record in the form and manner approved by the Secretary showing –

(a) the amount of prohibited substance acquired for use under the licence; and

(b) the date on which, and the source from which, the prohibited substance was acquired; and

(c) the amount of the prohibited substance and the purpose for which, and the date on which, the prohibited substance was used or destroyed.

(3)  [Regulation 12 Subregulation (3) amended by S.R. 2022, No. 45, Applied:13 Jul 2022] The holder of a licence granted under subregulation (1) or (1A) must keep the record for at least 2 years.

Penalty:  Fine not exceeding 10 penalty units.

(4)  [Regulation 12 Subregulation (4) inserted by S.R. 2022, No. 45, Applied:13 Jul 2022] In this regulation –

exempted public institution has the same meaning as in section 55 of the Act.

13 Fees

The annual fees specified in Schedule 7 are prescribed as the annual fees that are payable in respect of the several matters to which they respectively relate.

Division 2 Possession of narcotic substances

14 Possession of narcotic substances for purposes of profession, &c.

In addition to the persons authorised by section 48 of the Act to possess narcotic substances, a person who is –

(a) an authorised officer of a medical institution; or

(b) a registered nurse in charge of a ward in a medical institution; or

(c) an authorised nurse; or

(d) an ambulance officer, paramedic or interstate ambulance officer –

may possess and use any narcotic substances for the purposes of his or her profession or employment.

Division 3 Supply of narcotic substances

15 Inquiries, &c., before supplying narcotic substance to patient

(1)  A medical practitioner, dentist, authorised nurse practitioner, authorised health professional or authorised nurse must not supply, or write or issue a prescription for the supply of, a narcotic substance to a person unless the medical practitioner, dentist, authorised nurse practitioner, authorised health professional or authorised nurse has taken such steps as are reasonably open to him or her to ascertain –

(a) the nature and amount of any narcotic substances supplied to that person within the previous 2 months; and

(b) the circumstances in which those narcotic substances were so supplied.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person who obtains from, or as a result of a prescription written or issued by, a medical practitioner, dentist, authorised health professional or authorised nurse practitioner a narcotic substance by failing, before or at the material time, to notify the medical practitioner, dentist, authorised health professional or authorised nurse practitioner of the name and the place of practice of a medical practitioner, dentist, authorised health professional or authorised nurse practitioner by whom, within a period of 2 months before the material time, a narcotic substance was supplied to the person, or a prescription for a narcotic substance was written or issued in respect of the person, is guilty of an offence.

Penalty:  Fine not exceeding 10 penalty units.

(3)  [Regulation 15 Subregulation (3) amended by No. 23 of 2022, s. 49, Applied:24 Oct 2022] Subregulations (1) and (2) do not apply to the supply of a narcotic substance to a medical practitioner, dentist, authorised nurse practitioner, authorised health professional, licensed wholesale chemist, licensed manufacturing chemist or pharmacist, otherwise than for the purpose of its administration to the person to whom it is supplied.

(4)  In this regulation –

material time, when used in relation to the obtaining of –

(a) a narcotic substance from a medical practitioner, veterinary surgeon, dentist, authorised nurse practitioner, authorised health professional or authorised nurse, means the time at which that substance was obtained; or

(b) a narcotic substance as a result of a prescription written or issued by a medical practitioner, dentist, authorised health professional or authorised nurse practitioner, means the time at which that prescription was written or issued; or

(c) a prescription for a narcotic substance from a medical practitioner, veterinary surgeon, dentist, authorised health professional or authorised nurse practitioner, means the time at which the prescription was obtained.

16 Supply of narcotic substances

(1)  A person must not supply a narcotic substance to a person who is not authorised by the Act or these regulations to have possession of that narcotic substance.

Penalty:  Fine not exceeding 10 penalty units.

(2)  [Regulation 16 Subregulation (2) amended by No. 23 of 2022, s. 50, Applied:24 Oct 2022] Except as otherwise provided in these regulations, a pharmacist must not supply a narcotic substance to a person who is not a medical practitioner, veterinary surgeon, dentist, authorised nurse practitioner, authorised health professional, licensed manufacturing chemist, licensed wholesale chemist or pharmacist, except on a prescription issued by a medical practitioner, veterinary surgeon, dentist, authorised health professional or authorised nurse practitioner.

Penalty:  Fine not exceeding 10 penalty units

(3)  [Regulation 16 Subregulation (3) amended by No. 23 of 2022, s. 50, Applied:24 Oct 2022] Except as otherwise provided in these regulations, a licensed manufacturing chemist or licensed wholesale chemist must not supply, or cause or permit to be supplied, a narcotic substance to a person who is not a medical practitioner, veterinary surgeon, dentist, authorised nurse practitioner, authorised health professional or pharmacist.

Penalty:  Fine not exceeding 10 penalty units.

(4)  A medical practitioner, dentist, authorised nurse practitioner, authorised health professional or authorised nurse must not supply a narcotic substance to a person except for the purpose of its administration to a patient.

Penalty:  Fine not exceeding 10 penalty units.

(5)  A veterinary surgeon must not supply a narcotic substance to a person except for the purpose of its administration to an animal.

Penalty:  Fine not exceeding 10 penalty units.

(6)  [Regulation 16 Subregulation (6) amended by No. 23 of 2022, s. 50, Applied:24 Oct 2022] Nothing in subregulation (4) or (5) prohibits a medical practitioner, veterinary surgeon, dentist, authorised nurse practitioner, authorised health professional or authorised nurse from supplying a narcotic substance to a medical practitioner, veterinary surgeon, dentist, authorised nurse practitioner, authorised health professional, licensed wholesale chemist, licensed manufacturing chemist or pharmacist.

(7)  Where a person supplies a narcotic substance on a written order, the person must –

(a) write clearly in ink on the order the word "Cancelled"; and

(b) retain that order in a file kept for the purpose for a period of 2 years from the date on which the narcotic substance was supplied.

Penalty:  Fine not exceeding 10 penalty units.

(8)  This regulation does not apply to a narcotic substance that is kept or used in a prescribed institution, within the meaning of section 48 of the Act, for the purposes of that institution or to a narcotic substance which is kept or used under a licence granted under regulation 11 .

(9)  Nothing in this regulation prohibits the administration to a person, in the case of an emergency, of a narcotic substance kept in any aircraft, ambulance or vessel where –

(a) the services of a medical practitioner are not readily available; or

(b) it is not practicable to obtain the narcotic substance from any other source.

(10)  [Regulation 16 Subregulation (10) amended by No. 23 of 2022, s. 50, Applied:24 Oct 2022] Nothing in this regulation prohibits a pharmacist, licensed wholesale chemist or licensed manufacturing chemist from supplying any narcotic substance to –

(a) an authorised officer in a medical institution for the use of the narcotic substance for the purpose of that institution; or

(b) a person holding a licence under regulation 11 ; or

(c) an authorised nurse; or

(d) a person holding the Secretary's written authority for use in respect of ambulance services; or

(e) an authorised person; or

(f) the master of a vessel for the purpose of providing medical treatment to passengers or crew of that vessel.

(11)  [Regulation 16 Subregulation (11) amended by No. 23 of 2022, s. 50, Applied:24 Oct 2022] Nothing in this regulation prohibits a pharmacist, licensed wholesale chemist or licensed manufacturing chemist from supplying a midwifery narcotic substance to an endorsed midwife.

17 Conveyance of narcotic substances

A person may possess a narcotic substance for the purpose of conveying it to any person or place if –

(a) the narcotic substance is contained in a sealed package or container; and

(b) the person is acting –

(i) in the course of the person's business or employment to carry, convey or deliver articles or containers of a similar nature; or

(ii) under the directions of a person authorised by the Act to have possession of that narcotic substance.

Division 4 Records and returns as to narcotic substances

18 Narcotic substances register to be kept by certain persons

(1)  The following people must keep a narcotic substances register in accordance with this regulation:

(a) a medical practitioner;

(b) a veterinary surgeon;

(c) a dentist;

(d) [Regulation 18 Subregulation (1) amended by No. 23 of 2022, s. 51, Applied:24 Oct 2022] a pharmacist;

(e) a licensed manufacturing chemist;

(f) a licensed wholesale chemist;

(g) an authorised health professional;

(h) an authorised officer;

(i) an authorised nurse practitioner;

(j) an authorised nurse;

(k) an endorsed midwife.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A separate narcotic substances register is to be kept in respect of each type or kind of narcotic substance or any preparation of a narcotic substance.

(3)  [Regulation 18 Subregulation (3) amended by No. 23 of 2022, s. 51, Applied:24 Oct 2022] A pharmacist must keep a separate narcotic substances register in respect of each of the premises in which he or she carries on business as a pharmacist.

(4)  Where a medical practitioner, veterinary surgeon, dentist, authorised health professional or authorised nurse practitioner carries on practice at 2 or more premises, he or she must keep a separate narcotic substances register in respect of each of those premises.

(5)  A narcotic substances register is to be –

(a) [Regulation 18 Subregulation (5) amended by S.R. 2022, No. 45, Applied:13 Jul 2022] in a form approved by the Secretary; and

(b) kept in such manner as the Secretary may direct.

(6)  Each entry, marking, number or note made in a narcotic substances register is to be made in ink.

(7)  No alteration, obliteration or cancellation may be made in any narcotic substances register, but any mistake in any entry in the register may be corrected by –

(a) placing a line through the mistake; and

(b) including a substitution below the mistake and an explanatory note in the margin; and

(c) initialling and dating the correction.

(8)  A person must not make any entry in a narcotic substances register if the person knows the entry to be false or misleading.

Penalty:  Fine not exceeding 10 penalty units.

(9)  Each entry in a narcotic substances register is to be made as soon as practicable after the occurrence of the event to which it relates and, in any event, not later than 48 hours after the occurrence of that event.

(10)  Notwithstanding anything in this regulation, where a medical practitioner, other than a dispensing medical practitioner, who supplies a narcotic substance to a patient, keeps a day book, it is sufficient compliance with the provisions of this regulation if an entry containing all particulars in respect of the supply of that narcotic substance to the patient, which apart from this subregulation would be required to be made in the narcotic substances register, were made in the day book.

(11)  Where the Secretary requests by a notice in writing any person required by these regulations to keep a narcotic substances register to furnish to the Secretary any information relating to the keeping of the register, that person must as soon as practicable comply with the request.

(12)  Nothing in these regulations requires a person who is required to keep a narcotic substances register to make any entry in respect of a narcotic substance supplied to the person by a medical practitioner, veterinary surgeon, dentist, authorised nurse practitioner, authorised health professional or authorised nurse if the narcotic substance is for the person's personal use.

19 Retaining of records

(1)  A person licensed or authorised under these regulations to manufacture, sell or supply any narcotic substance must keep every record, prescription, invoice and other document relating to any transaction involving any narcotic substance for not less than 2 years from the latest date on which such record, prescription, invoice, order or document was made or acted upon.

Penalty:  Fine not exceeding 10 penalty units.

(2)  On demand by an inspector –

(a) the holder of any licence to manufacture, sell or supply any narcotic substance; or

(b) any person authorised by regulation 14 to possess and use a narcotic substance –

must furnish particulars of the quantity of any narcotic substance obtained and the amount disposed of or on hand.

Penalty:  Fine not exceeding 10 penalty units.

Division 5 Prescriptions for narcotic substances

20 Prescribing and supplying narcotic substances

(1)  A person, other than a medical practitioner, veterinary surgeon, dentist, authorised health professional or authorised nurse practitioner, must not write or issue a prescription for a narcotic substance.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A medical practitioner, veterinary surgeon, authorised health professional or dentist, subject to this regulation, is authorised to write or issue a prescription for a narcotic substance.

(3)  An authorised nurse practitioner may write or issue a prescription for a narcotic substance in such circumstances, subject to such conditions and in relation to such substances or classes of substances as may be specified in an authorisation issued by the Secretary.

(4)  A person must not write or issue a prescription for the purpose of procuring a narcotic substance for administration to himself or herself.

Penalty:  Fine not exceeding 10 penalty units.

(5)  A person must not write or issue a prescription for a narcotic substance unless the prescription includes (otherwise than in handwriting) the name of the person writing or issuing the prescription and the address of the person's place of residence or of the place at which the person carries on practice.

Penalty:  Fine not exceeding 10 penalty units.

(6)  Subregulation (5) does not apply in the case of an emergency when the means of complying with that subregulation are not readily available to the person writing or issuing the prescription.

(7)  Subject to regulation 21 , where a medical practitioner, veterinary surgeon, dentist, authorised health professional or authorised nurse practitioner writes or issues a prescription for a narcotic substance, he or she must comply with the following conditions:

(a) he or she is to include in the prescription –

(i) the date on which it is written or issued; and

(ii) the name, including initials, date of birth and address, of the patient or, in the case of an animal, the name, date of birth and address of the owner; and

(iii) hand-written legibly in ink, the name of the narcotic substance, the dosage and quantity to be dispensed; and

(iv) subject to subregulation (10) , the number of times that the dispensing of the prescription may be repeated and the interval between each dispensing of the prescription; and

(v) adequate directions for use –

and sign the prescription with his or her usual signature;

(b) he or she is not to include in that prescription more than one preparation which is or includes a narcotic substance;

(c) he or she is not to include in that prescription a preparation other than the preparation which is or includes the narcotic substance;

(d) if a medical practitioner, he or she is not to write or issue a prescription for the supply of a narcotic substance for any purpose other than in the course of medical treatment;

(e) if a veterinary surgeon, he or she is not to write or issue a prescription for the supply of a narcotic substance for any purpose other than in the course of animal treatment and is to include in a prescription which he or she issues the words "For animal treatment only";

(f) if a dentist, he or she is not to write or issue a prescription for the supply of a narcotic substance for any purpose other than in the course of dental treatment and is to include in a prescription which he or she issues the words "For dental treatment only";

(g) if an authorised nurse practitioner, he or she is not to write or issue a prescription for the supply of a narcotic substance for any purpose other than in the course of nurse practitioner treatment;

(h) if an authorised health professional, he or she is not to write or issue a prescription for the supply of a narcotic substance for any purpose other than in the lawful practice of his or her profession;

(i) where the prescription contains an unusual dose, the medical practitioner, veterinary surgeon, dentist, authorised health professional or authorised nurse practitioner by whom it is written or issued is to underline, or by some other means emphasise, that part of the prescription and, except for a prescription issued in accordance with an approval under regulation 21 , sign or initial that part in the margin.

Penalty:  Fine not exceeding 10 penalty units.

(8)  A prescription is to be taken, for the purposes of these regulations, to have been issued in accordance with subregulation (7) if –

(a) the patient is an admitted patient of a medical institution; and

(b) [Regulation 20 Subregulation (8) amended by S.R. 2020, No. 22, Applied:31 Mar 2020] the prescription is issued on a medication chart and the following fields have been completed legibly in ink by a medical practitioner, authorised nurse practitioner or authorised health professional:

(i) the name, form and strength of the narcotic substance;

(ii) the date of prescribing the narcotic substance;

(iii) the dose of the narcotic substance;

(iv) the frequency of administration of the narcotic substance;

(v) the route of administration of the narcotic substance;

(vi) the signature of the person prescribing the narcotic substance; and

(c) the prescription does not include more than one preparation which is or includes a narcotic substance.

(9)  Notwithstanding subregulation (7)(a)(ii) , a medical practitioner, veterinary surgeon, dentist, authorised health professional or authorised nurse practitioner may use a printed label in a prescription to identify the patient or owner of the animal, if that label is initialled by the medical practitioner, veterinary surgeon, dentist, authorised health professional or authorised nurse practitioner.

(10)  A dentist must not write or issue a prescription for a narcotic substance that may be dispensed on more than one occasion.

Penalty:  Fine not exceeding 10 penalty units.

(10A)  [Regulation 20 Subregulation (10A) inserted by S.R. 2026, No. 4, Applied:16 Feb 2026] An interstate prescriber must not write or issue a prescription for a narcotic substance that the prescriber reasonably believes will be dispensed in Tasmania unless the prescription is written and issued in accordance with these regulations.

Penalty:  Fine not exceeding 10 penalty units.

(11)  A person must not write or issue a prescription for a narcotic substance which, or any part of which, is in a code or cipher.

Penalty:  Fine not exceeding 10 penalty units.

(12)  Subject to subregulation (13) , a veterinary surgeon must not prescribe or supply any of the narcotic substances specified in regulation 24 otherwise than in accordance with an authorisation under subregulation (14) .

Penalty:  Fine not exceeding 10 penalty units.

(13)  A veterinary surgeon may administer fentanyl, ketamine or methadone to an animal in the course of animal treatment.

(14)  The Secretary may, either generally or in a particular case, authorise a veterinary surgeon to prescribe or supply methylphenidate for veterinary purposes.

(15)  An authorisation under subregulation (14)  –

(a) is to be in writing signed by the Secretary; and

(b) in the case of a general authorisation, is to require that, within 24 hours of each occasion on which the veterinary surgeon prescribes or supplies methylphenidate, the veterinary surgeon send to the Secretary notice in writing specifying –

(i) the name and address of the owner of the animal for the treatment of which the prescription was given or the methylphenidate was supplied; and

(ii) the amount of methylphenidate prescribed or supplied; and

(iii) the date of the prescription or supply; and

(c) may specify such other conditions to which it is subject as the Secretary thinks fit; and

(d) may, at any time, be revoked or amended by the Secretary by notice in writing given to the veterinary surgeon.

(16)  A dentist must not prescribe for, or supply to, a person any of the narcotic substances specified in regulation 24 .

Penalty:  Fine not exceeding 10 penalty units.

21 Electronic prescriptions for narcotic substances

(1)  Where a medical practitioner, veterinary surgeon, dentist, authorised health professional or authorised nurse practitioner is authorised to issue a prescription for a narcotic substance, that prescription may be issued electronically if the Secretary so approves.

(2)  For the purpose of subregulation (1) , issuing a prescription electronically includes issuing the prescription by transmitting data electronically without producing a printed copy of that data.

(3)  An approval under subregulation (1)  –

(a) is to be in writing signed by the Secretary; and

(b) may be of general or specific application; and

(c) may be made subject to such conditions as the Secretary thinks fit; and

(d) may be amended or revoked by the Secretary by notice in writing.

(4)  The conditions specified in regulation 20(7) , with the exception of the condition that a prescription be handwritten in ink, apply to the issuing of a prescription electronically in accordance with an approval under subregulation (1) .

(5)  For the purposes of regulation 20(7)(a) as it applies to the issuing of a prescription in accordance with an approval under subregulation (1) , a signature includes an electronic signature.

22 Record of prescribing and supplying narcotic substances

(1)  As soon as practicable after a medical practitioner, dentist, authorised nurse practitioner, authorised health professional or veterinary surgeon issues a prescription for, or supplies, a narcotic substance, he or she must make a record, in a form approved by the Secretary, setting out –

(a) the name, date of birth and address of the person for the treatment of whom, or of the owner of the animal for the treatment of which, the narcotic substance was prescribed or supplied; and

(b) the date on which the prescription was issued or the narcotic substance was supplied, as the case requires; and

(c) particulars of the narcotic substance sufficient to identify it and to indicate in what quantity and strength it was prescribed or supplied; and

(d) particulars of the directions set out in the prescription, or provided with the narcotic substance, for the use of the narcotic substance; and

(e) where the record relates to the issue of a prescription, particulars of any provision made in the prescription in respect of the number of occasions on which, and the minimum intervals at which, the dispensing of the prescription was authorised to be repeated.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A medical practitioner, dentist, authorised nurse practitioner, authorised health professional or veterinary surgeon must retain a record made under subregulation (1) for not less than 2 years.

Penalty:  Fine not exceeding 10 penalty units.

23 Emergency prescribing and dispensing of narcotic substances

(1)  [Regulation 23 Subregulation (1) amended by No. 23 of 2022, s. 52, Applied:24 Oct 2022] Notwithstanding regulation 16(2) , a pharmacist may supply a narcotic substance on the instruction of a medical practitioner, veterinary surgeon, dentist, authorised health professional or authorised nurse practitioner if, because of the urgent circumstances in which the substance is required, it is impracticable, before the substance is required to be supplied, to –

(a) issue a prescription for the substance; and

(b) [Regulation 23 Subregulation (1) amended by No. 23 of 2022, s. 52, Applied:24 Oct 2022] cause the prescription to be delivered to the pharmacist.

(2)  [Regulation 23 Subregulation (2) amended by No. 23 of 2022, s. 52, Applied:24 Oct 2022] [Regulation 23 Subregulation (2) amended by No. 23 of 2022, s. 52, Applied:24 Oct 2022] A medical practitioner, veterinary surgeon, dentist, authorised health professional or authorised nurse practitioner who issues an instruction under subregulation (1) to a pharmacist must send to that pharmacist, within 5 days of issuing the instruction, a prescription that –

(a) complies with regulation 20(7) ; and

(b) [Regulation 23 Subregulation (2) amended by No. 23 of 2022, s. 52, Applied:24 Oct 2022] clearly states that it is in confirmation of the instruction to that pharmacist to supply the narcotic substance without a prescription.

Penalty:  Fine not exceeding 10 penalty units.

24 Prescription for certain narcotic substances to be issued only on authority of Secretary

[Regulation 24 Amended by S.R. 2025, No. 8, Applied:12 Mar 2025] A medical practitioner or nurse practitioner must not, without the authority of the Secretary, issue a prescription for, or supply to a patient, the following narcotic substances, namely:

(a) amphetamine;

(b) cannabis;

(c) dexamphetamine;

(d) dextromoramide;

(da) [Regulation 24 Amended by S.R. 2022, No. 45, Applied:13 Jul 2022] esketamine;

(e) fentanyl, except in the case of a patient with cancer;

(f) hydromorphone;

(g) ketamine;

(h) lisdexamfetamine;

(i) methadone;

(j) methylamphetamine;

(k) methylphenidate;

(l) nabiximols;

(la) [Regulation 24 Amended by S.R. 2023, No. 96, Applied:27 Dec 2023] N,α-dimethyl-3,4-(methylenedioxy)methamphetamine (MDMA);

(m) pethidine;

(n) [Regulation 24 Amended by S.R. 2022, No. 45, Applied:13 Jul 2022] phenmetrazine;

(na) [Regulation 24 Amended by S.R. 2023, No. 96, Applied:27 Dec 2023] psilocybine;

(o) [Regulation 24 Amended by S.R. 2022, No. 45, Applied:13 Jul 2022] tetrahydrocannabinol.

Penalty:  Fine not exceeding 10 penalty units.

25 Supply of certain narcotic substances without prior authority of Secretary

(1)  Notwithstanding the provisions of regulation 24 , the Secretary may issue a general authorisation to a medical practitioner to supply to a patient a narcotic substance referred to in regulation 24 without seeking the prior approval of the Secretary.

(2)  A general authorisation under this regulation is to –

(a) be in writing and be signed by the Secretary; and

(b) state the purposes for which the narcotic substance may be used; and

(c) require that, within 7 days of a narcotic substance referred to in regulation 24 being supplied to a patient, the medical practitioner advise the Secretary in writing of –

(i) the name and address of the patient supplied; and

(ii) the name and amount of the narcotic substance supplied; and

(iii) the date of the supply.

(3)  The Secretary may at any time in writing revoke or amend a general authorisation issued under this regulation.

26 Minister's authorisation for possession and supply of narcotic substance

The Minister may make an authorisation under section 25A of the Act in respect of a narcotic substance, or a class of narcotic substances, in the following circumstances:

(a) where the registered nurse in respect of whom the authorisation is made is employed in a palliative care service approved by the Secretary;

(ab) [Regulation 26 Amended by S.R. 2022, No. 78, Applied:24 Oct 2022] where the registered nurse –

(i) has, within the previous 5 years, completed approved voluntary assisted dying training within the meaning of the End-of-Life Choices (Voluntary Assisted Dying) Act 2021 ; and

(ii) has at least 5 years' experience as a registered nurse;

(b) [Regulation 26 Amended by S.R. 2023, No. 5, Applied:06 Mar 2023] where the registered nurse or midwife is employed in a community health centre approved by the Secretary at which it is impractical for a medical practitioner or an authorised nurse practitioner to attend and the nurse or midwife is acting in accordance with the instructions of a medical practitioner or an authorised nurse practitioner;

(c) [Regulation 26 Amended by S.R. 2023, No. 5, Applied:06 Mar 2023] where the registered nurse or midwife is employed in a medical institution approved by the Secretary at which it is impractical for medical practitioners or authorised nurse practitioners to attend after hours and the nurse or midwife is acting in accordance with the instructions of a medical practitioner or an authorised nurse practitioner;

(d) [Regulation 26 Amended by S.R. 2023, No. 5, Applied:06 Mar 2023] [Regulation 26 Amended by S.R. 2025, No. 8, Applied:12 Mar 2025] where the registered nurse or midwife –

(i) is in charge of a day-treatment centre or day-procedure centre approved by the Secretary; and

(ii) is administering or supplying a narcotic substance –

(A) in respect of a patient in the centre; and

(B) in accordance with the instructions of a medical practitioner or an authorised nurse practitioner;

(da) [Regulation 26 Amended by S.R. 2025, No. 8, Applied:12 Mar 2025] where the registered nurse or midwife –

(i) is employed in a day-treatment centre or day-procedure centre approved by the Secretary; and

(ii) is administering or supplying a narcotic substance –

(A) in respect of a patient in the centre; and

(B) under the supervision of the registered nurse or midwife that is in charge of the centre; and

(C) in accordance with the instructions of a medical practitioner or an authorised nurse practitioner;

(e) where the registered nurse or midwife is –

(i) [Regulation 26 Amended by S.R. 2023, No. 5, Applied:06 Mar 2023] employed in a correctional health facility, or a children and youth services facility, at which it is impractical for a medical practitioner or an authorised nurse practitioner to attend; and

(ii) [Regulation 26 Amended by S.R. 2023, No. 5, Applied:06 Mar 2023] acting in accordance with the instructions of a medical practitioner or an authorised nurse practitioner.

Division 6 Dispensing of narcotic substances

27 Dispensing of narcotic substances (S8)

(1)  [Regulation 27 Subregulation (1) substituted by S.R. 2026, No. 4, Applied:16 Feb 2026] A person must not dispense a narcotic substance except –

(a) under regulation 23 ; or

(b) in accordance with a prescription that was lawfully written and issued in accordance with regulation 20 ; or

(c) in accordance with a prescription that the person reasonably believes was lawfully written and issued in another State or a Territory.

Penalty:  Fine not exceeding 10 penalty units.

(2)  If a prescription for a narcotic substance directs that the substance be dispensed more than once –

(a) the person responsible for dispensing the substance is to retain the prescription at the place at which the substance is dispensed; and

(b) any subsequent dispensing of the substance is to be from the same place as the original dispensing.

(3)  [Regulation 27 Subregulation (3) substituted by S.R. 2026, No. 4, Applied:16 Feb 2026] Subregulation (2) does not apply in the following circumstances:

(a) where the person responsible for dispensing the narcotic substance securely transfers the prescription to another pharmacy;

(b) in the case of an interstate prescription to be dispensed to an interstate resident, where –

(i) the interstate resident is unable to identify a suitable pharmacy to which the prescription may be securely transferred; and

(ii) the person responsible for dispensing the narcotic substance is satisfied that there are no reasonably apparent safety concerns with returning the prescription to the interstate resident.

(4)  Where a prescription for a narcotic substance directs that substance to be dispensed more than once, but does not specify the minimum intervals at which that prescription may be dispensed –

(a) a person may dispense that prescription if –

(i) the prescription conforms in all other respects with regulation 20(7) ; and

(ii) that person ascertains, in accordance with subregulation (5) , the earliest date on which the dispensing of the prescription may be repeated; and

(iii) on dispensing the prescription that person clearly and indelibly marks on it, over his or her signature and the date, a note specifying both the date so ascertained and how it was ascertained; and

(b) a person who is unable to ascertain, in accordance with subregulation (5) , the earliest date on which the dispensing of the prescription may be repeated may dispense that prescription not more than once if –

(i) the prescription conforms in all other respects with regulation 20(7) ; and

(ii) on dispensing the prescription that person clearly and indelibly marks the word "cancelled" on the prescription.

(5)  The date referred to in subregulation (4)(a)(ii) is to be ascertained by reference to either, or both, of the following:

(a) any specific directions incorporating a dosage rate that are included in the prescription for the use of that narcotic substance by the patient;

(b) information obtained directly from the prescriber as to the minimum intervals at which that narcotic substance should be dispensed to the patient.

(6)  If the date referred to in subregulation (4)(a)(ii) is ascertained by reference only to the information referred to in paragraph (a) of subregulation (5) , that date is to be a date not earlier than 4 days before the day on which the quantity of the narcotic substance being dispensed would be exhausted if it is used strictly in accordance with the directions referred to in that paragraph.

(7)  A person must not dispense a prescription for a narcotic substance unless –

(a) [Regulation 27 Subregulation (7) amended by No. 23 of 2022, s. 53, Applied:24 Oct 2022] the person is a medical practitioner or pharmacist; or

(b) [Regulation 27 Subregulation (7) amended by No. 23 of 2022, s. 53, Applied:24 Oct 2022] the person dispenses the prescription under the supervision of a medical practitioner or pharmacist.

Penalty:  Fine not exceeding 10 penalty units.

(8)  A person must not cause or permit a person to dispense a prescription contrary to subregulation (1) or (7) .

Penalty:  Fine not exceeding 10 penalty units.

(9)  In a proceeding for an offence committed or alleged to have been committed under subregulation (1) , it is a defence to show that the defendant believed, on reasonable grounds, that the prescription was written and issued in accordance with regulation 20 .

(10)  Nothing in subregulation (7) prevents the dispensing of a prescription for a narcotic substance by or under the supervision of a veterinary surgeon, if the narcotic substance is intended for administration to an animal.

(11)  A person must not dispense, or cause or allow to be dispensed, a prescription for a narcotic substance if the person knows, or has reason to believe, or if it appears from the markings made on the prescription, that the prescription has already been dispensed, unless the prescription has been issued by a medical practitioner, authorised health professional or authorised nurse practitioner who has indicated on the prescription in accordance with regulation 20 that the prescription may be dispensed more times than once.

Penalty:  Fine not exceeding 10 penalty units.

(12)  Without prejudice to the foregoing provisions of this regulation, a person must not dispense, or cause or allow to be dispensed, a prescription for a narcotic substance on which it is indicated that that prescription may be dispensed more times than once, if the person knows, or has reason to believe, or if it appears from the markings on the prescription, that the prescription has already been dispensed the number of times indicated on the prescription.

Penalty:  Fine not exceeding 10 penalty units.

(13)  The person by whom a narcotic substance is dispensed on a prescription and, if in so dispensing that narcotic substance that person is acting in the employment of some other person, that other person must ensure that, before the narcotic substance so dispensed is supplied to any person, there is clearly marked in ink on the prescription –

(a) the date on which it is dispensed; and

(b) [Regulation 27 Subregulation (13) amended by No. 23 of 2022, s. 53, Applied:24 Oct 2022] the signature of the medical practitioner, veterinary surgeon, dentist, authorised health professional or pharmacist by whom it is dispensed; and

(c) the address of that person's residence or place of business, or the name and address of the residence or place of business of the person in whose employment that person was acting when that person dispensed the prescription; and

(d) the word "cancelled", unless –

(i) the medical practitioner, dentist, authorised nurse practitioner, authorised health professional or veterinary surgeon by whom the prescription was issued has indicated on the prescription in accordance with regulation 20(7)(a)(iv) that the prescription may be dispensed on more than one occasion; and

(ii) it appears from the prescription and the markings made on it that the prescription may be dispensed on a further occasion.

Penalty:  Fine not exceeding 10 penalty units.

(14)  A person must not dispense a narcotic substance under a prescription which –

(a) is illegible or defaced; or

(b) is marked "cancelled"; or

(c) appears to have been altered; or

(d) appears to be fraudulent in any respect or forged.

Penalty:  Fine not exceeding 10 penalty units.

(15)  [Regulation 27 Subregulation (15) amended by No. 23 of 2022, s. 53, Applied:24 Oct 2022] A pharmacist may write on a prescription for a narcotic substance the date of birth of the person for the treatment of whom the narcotic substance was prescribed.

(16)  A person to whom a prescription referred to in subregulation (14) is presented must –

(a) retain the prescription notwithstanding that the prescription is not dispensed; and

(b) as soon as practicable, inform the Secretary or a police officer of the relevant circumstances and the person's reasons for not dispensing the prescription.

Penalty:  Fine not exceeding 10 penalty units.

(17)  A person must not dispense a narcotic substance under a prescription which is presented more than 6 months after the date on which the prescription was issued.

Penalty:  Fine not exceeding 10 penalty units.

(18)  [Regulation 27 Subregulation (18) amended by No. 23 of 2022, s. 53, Applied:24 Oct 2022] A medical practitioner, veterinary surgeon, dentist, authorised health professional or pharmacist who, in the course of the practice or business carried on by him or her as such, dispenses, or causes or permits to be dispensed, a prescription that is required by this regulation to be marked with the word "cancelled" must keep that prescription in a file kept for that purpose for 2 years from the date on which it is dispensed.

Penalty:  Fine not exceeding 10 penalty units.

(19)  Where a prescription is dispensed by or under the supervision of a medical practitioner, veterinary surgeon, dentist or authorised health professional, he or she must mark, or cause to be marked, in ink on the package or container in which the narcotic substance is supplied –

(a) a reference to the entry in the narcotic substances register, if an entry is made in the narcotic substances register; or

(b) a reference to the entry in the day book, if an entry is made in the day book –

in respect of the supply of that narcotic substance on that prescription.

Penalty:  Fine not exceeding 10 penalty units.

(20)  [Regulation 27 Subregulation (20) amended by No. 23 of 2022, s. 53, Applied:24 Oct 2022] [Regulation 27 Subregulation (20) amended by No. 23 of 2022, s. 53, Applied:24 Oct 2022] [Regulation 27 Subregulation (20) amended by No. 23 of 2022, s. 53, Applied:24 Oct 2022] A pharmacist who, in the course of the business of a pharmacist carried on by the pharmacist, dispenses, or causes or permits to be dispensed, a prescription for a narcotic substance must mark, or cause to be marked, in ink on the label on the container of the narcotic substance the prescription reference number appearing in the approved recording system and such other particulars as are prescribed in regulation 114(2) .

Penalty:  Fine not exceeding 10 penalty units.

(21)  Where, under the requirements of any law of the Commonwealth or of any Department of the Commonwealth, a prescription for a narcotic substance is required to be issued in duplicate and one of the copies is delivered or sent to any authority or person in accordance with those requirements, this regulation applies only to the other of those copies, and that copy is taken to be a prescription for a narcotic substance for the purposes of this regulation.

(22)  A person must not dispense, or cause or permit to be dispensed, a repeat of a prescription for a narcotic substance at an interval of time less than that indicated on the prescription.

Penalty:  Fine not exceeding 10 penalty units.

(23)  For the purposes of subregulation (19)  –

narcotic substances register means the narcotic substances register referred to in regulation 18 .

(24)  For the purposes of this regulation, 2 or more prescriptions issued to the same person in respect of the same narcotic substance are to be treated as a single prescription that directs that the substance may be dispensed more than once.

28 Restriction on dispensing of narcotic substances

(1)  [Regulation 28 Subregulation (1) substituted by S.R. 2026, No. 4, Applied:16 Feb 2026] A person must not dispense more of a narcotic substance than is sufficient for 2 days' treatment, if used in accordance with the instructions on the prescription for the narcotic substance, unless that person has verified that the prescription is authentic.

Penalty:  Fine not exceeding 10 penalty units.

(2)  [Regulation 28 Subregulation (2) amended by S.R. 2026, No. 4, Applied:16 Feb 2026] For the purposes of subregulation (1) , a person is taken to have verified the authenticity of a prescription for a narcotic substance if that person –

(a) is familiar with the handwriting of the purported prescriber and is satisfied that the prescription is in that handwriting; or

(b) [Regulation 28 Subregulation (2) amended by S.R. 2026, No. 4, Applied:16 Feb 2026] verifies with the purported prescriber that the purported prescriber wrote the prescription; or

(c) [Regulation 28 Subregulation (2) amended by S.R. 2026, No. 4, Applied:16 Feb 2026] is satisfied on reasonable grounds that the prescription is authentic and the person makes a record of the information relied upon in deciding that the prescription is authentic.

Division 7 Storage of narcotic substances and prohibited substances

29 Storage of narcotic substances and prohibited substances

(1)  A person who is authorised by the Act or these regulations to possess narcotic substances or prohibited substances for the purposes of the person's profession or employment –

(a) must keep them stored apart from other goods in an enclosure that is constructed and secured in a manner approved by the Secretary; and

(b) when the narcotic substance or prohibited substance is not being used, must keep the enclosure securely locked and retain the key either on his or her person or in a place not readily accessible to other persons.

(2)  For the purposes of subregulation (1)  –

goods does not include –

(a) money or negotiable instruments; or

(b) [Regulation 29 Subregulation (2) amended by S.R. 2022, No. 54, Applied:23 Oct 2022] declared restricted substances stored in accordance with regulation 64 ; or

(c) [Regulation 29 Subregulation (2) amended by S.R. 2022, No. 54, Applied:23 Oct 2022] substances, or a package that contains substances, that are intended to be supplied under a VAD substance prescription, within the meaning of the End-of-Life Choices (Voluntary Assisted Dying) Act 2021 .

(3)  Subregulation (1) does not apply to or in respect of an ambulance officer.

(4)  Notwithstanding subregulation (1) , a medical practitioner, veterinary surgeon, dentist, endorsed midwife, authorised health professional or authorised nurse practitioner may, for emergency purposes, keep narcotic substances in a bag in a vehicle or room which is kept securely locked when the vehicle or room is not occupied by that medical practitioner, veterinary surgeon, dentist, endorsed midwife, authorised health professional or authorised nurse practitioner.

Division 8 Storage and supply of narcotic substances in medical institutions

30 Authorised officer to store, supply, &c., narcotic substances in medical institution

The authorised officer in a medical institution must –

(a) receive all narcotic substances supplied to that institution for the purposes of that institution; and

(b) store those narcotic substances in accordance with regulation 29 ; and

(c) supply those narcotic substances in accordance with these regulations; and

(d) keep a narcotic substances register in respect of those narcotic substances in accordance with regulation 18 .

Penalty:  Fine not exceeding 10 penalty units.

31 Supply of narcotic substances in medical institution

(1)  [Regulation 31 Subregulation (1) amended by No. 23 of 2022, s. 54, Applied:24 Oct 2022] If the authorised officer in a medical institution is a pharmacist, he or she must not supply a narcotic substance otherwise than for its administration –

(a) on a prescription written in accordance with the provisions of regulation 20 or the written request of –

(i) the registered nurse or midwife in charge of the ward in which the narcotic substance is to be used or stored; or

(ii) an authorised nurse practitioner; or

(iii) a medical practitioner; or

(iv) an authorised health professional; or

(v) a dentist; and

(b) to a patient in that ward.

Penalty:  Fine not exceeding 10 penalty units.

(2)  If the authorised officer in a medical institution is the medical officer in charge or registered nurse in charge of that institution, he or she must not supply a narcotic substance otherwise than for its administration –

(a) on the written request of –

(i) the registered nurse or midwife in charge of the ward in which the narcotic substance is to be used or stored; or

(ii) a dentist; or

(iii) an authorised nurse practitioner; or

(iv) a medical practitioner; or

(v) an authorised health professional; and

(b) to a patient in that ward.

Penalty:  Fine not exceeding 10 penalty units.

32 Receipt for supply of narcotic substance in medical institution

Where an authorised officer supplies a narcotic substance to any person in accordance with a written request under regulation 31 , the authorised officer must obtain from that person a receipt for the substance at the time of supply.

Penalty:  Fine not exceeding 10 penalty units.

33 Storage and control of narcotic substances in wards of medical institutions

(1)  The registered nurse or midwife in charge of a ward of a medical institution must –

(a) keep the narcotic substances supplied to that ward stored apart from all other goods, other than declared restricted substances, in a separate cupboard or receptacle that is securely fixed to the premises; and

(b) keep that cupboard or receptacle securely locked at all times when the substances in it are not being used.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The registered nurse or midwife in charge of a ward must keep, in accordance with this regulation, a narcotic substances register to be known as a "ward narcotic substances register" with pages numbered consecutively for each type or kind of preparation of narcotic substance supplied to the ward.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A ward narcotic substances register is to be –

(a) kept in a form approved by the Secretary; and

(b) managed in accordance with procedures approved by the Secretary.

(4)  Every entry, marking, number or note made in or on a ward narcotic substances register is to be made in ink as soon as practicable after the occurrence of the event to which it relates but not later than 24 hours from the occurrence of that event.

34 Administration of narcotic substances (S8) in medical institutions

(1)  Subject to subregulation (2) and regulation 126 , a medical practitioner, dentist, authorised health professional or authorised nurse practitioner must not give instructions for a narcotic substance to be administered to a patient in a medical institution without completing and signing, in his or her own handwriting or in a manner approved by the Secretary, an authorisation to do so.

Penalty:  Fine not exceeding 10 penalty units.

(2)  Nothing in subregulation (1) prohibits a medical practitioner, dentist, authorised health professional or authorised nurse practitioner from –

(a) giving verbal instructions for a narcotic substance to be administered to a patient in a medical institution in an emergency if the medical practitioner, dentist, authorised health professional or authorised nurse practitioner subsequently complies with subregulation (3) ; or

(b) including, in an authorisation under subregulation (1) , a printed label identifying the patient if that label is initialled by the medical practitioner, dentist, authorised health professional or authorised nurse practitioner.

(3)  A medical practitioner, dentist, authorised health professional or authorised nurse practitioner who verbally authorises the emergency administration of a narcotic substance to a patient under subregulation (2)(a) must, within 24 hours after giving those instructions, sign an entry in the patient's medical history clearly indicating that the medical practitioner, dentist, authorised health professional or authorised nurse practitioner authorised the administration of that substance.

(4)  If of the opinion that it is necessary for a patient's wellbeing, a registered nurse or midwife may continue to administer a narcotic substance to that patient in accordance with a verbal authorisation under subregulation (3) even though the medical practitioner, dentist, authorised health professional or authorised nurse practitioner has not signed an entry in accordance with that subregulation.

(5)  A person must not administer a narcotic substance to a patient in a medical institution except –

(a) in a case to which subregulation (2)(a) or subregulation (4) applies; or

(b) as otherwise provided in the Act or these regulations; or

(c) on the written authorisation of a medical practitioner, dentist, authorised health professional or authorised nurse practitioner.

Penalty:  Fine not exceeding 10 penalty units.

Division 9 Storage and use of narcotic substances in special cases

35 Minister may grant nurse's authority in certain circumstances

(1)  Where, on the application of a registered nurse, the Minister is satisfied that the nurse carries on his or her profession under such circumstances that the services of a medical practitioner are not readily available to give instructions for the administration of narcotic substances to the patients upon whom the nurse attends, the Minister may grant the nurse a nurse's authority.

(2)  A nurse's authority granted under subregulation (1)  –

(a) authorises its holder to have possession of such narcotic substances for the purpose for which the authority is issued and in such quantities as may be specified in the authority; and

(b) ceases to have effect when the person by whom it is held ceases to hold the appointment or employment specified in the authority.

(3)  [Regulation 35 Subregulation (3) amended by No. 23 of 2022, s. 55, Applied:24 Oct 2022] On an order in writing signed by the holder of a nurse's authority granted under subregulation (1) and upon production by the holder of the authority, a pharmacist may supply the holder of the authority with such narcotic substances and in such quantities as may be specified in the authority.

(4)  A person who has been granted a nurse's authority under this regulation must keep a narcotic substances register in accordance with regulation 18 .

Penalty:  Fine not exceeding 10 penalty units.

36 Narcotic substances on vessels

(1)  The master of a vessel may have possession of such narcotic substances as may be necessary for the purpose of ensuring that the requirements of the law of the Commonwealth or of the Marine and Safety Authority Act 1997 are complied with in respect of the vessel, if those substances have been supplied to the master on an order in writing signed by the master.

(2)  Without prejudice to the operation of subregulation (1) , a master of a vessel may keep on that vessel any narcotic substance that the Secretary may, in writing, allow to be kept on the vessel so long as –

(a) the amount so kept does not exceed the amount of that substance that the Secretary has allowed to be so kept; and

(b) any requirements made by the Secretary in respect of the place or manner in which the substance is kept on that vessel, and in respect of the keeping of records of the acquisition, use or disposal of the substance, are complied with.

(3)  A chemist may supply a narcotic substance to the master of a vessel on an order in writing signed by the master, if the chemist is satisfied that the substance is required for the purpose referred to in subregulation (1) or that the keeping of that substance on the vessel is allowed under subregulation (2) .

(4)  In this regulation –

master includes the person (not being a pilot or harbourmaster) for the time being in charge or having control of any vessel.

37 Narcotic substances for first aid use

(1)  An authorised person must enter or cause to be entered in a register kept solely for that purpose a record of –

(a) all supplies of any narcotic substances procured or which otherwise come into the possession of that person; and

(b) the quantity of the narcotic substance stored by that person together with the information as to the place in which the narcotic substance is so stored; and

(c) the date on which and the place in which the narcotic substance is used and the quantity of the narcotic substance that is used.

Penalty:  Fine not exceeding 10 penalty units.

(2)  Each entry made in the register is to –

(a) indicate the amount of each narcotic substance to which the entry relates that is stored by an authorised person immediately after completion of the event to which the entry relates; and

(b) be signed by the person by whom the entry is made.

(3)  An authorised person must, as soon as possible after a narcotic substance has been used, notify the Secretary of that use.

Penalty:  Fine not exceeding 10 penalty units.

Division 10 Destruction, disposal and loss, &c., of narcotic substances

38 Destruction of narcotic substances prohibited

(1)  A person who is licensed or authorised to be in possession of a narcotic substance must not wilfully –

(a) destroy that narcotic substance; or

(b) cause or permit that narcotic substance to be destroyed.

Penalty:  Fine not exceeding 10 penalty units.

(2)  Subregulation (1) does not apply to the destruction of a narcotic substance –

(a) by or under the personal supervision of an inspector under a direction of the Minister; or

(b) in the possession of a person obtained pursuant to the prescription of a medical practitioner, veterinary surgeon, authorised health professional or dentist; or

(c) by the person for the time being holding, or performing the duties of, the office of Chief Pharmacist in the Department in the course of the duties of that office; or

(d) by the holder of an office of analyst under section 19 of the Act in the course of the duties of that office; or

(e) by a person authorised in writing to do so by the Secretary; or

(f) by any 2 health professionals working jointly to destroy the narcotic substance; or

(g) by an enrolled nurse working jointly with a health professional to destroy the narcotic substance.

(3)  An authorisation given under subregulation (2)(e) is subject to any conditions specified in it.

(4)  A person who destroys, or works jointly with another person to destroy, a narcotic substance must complete a narcotic substances register in accordance with regulation 18 in respect of that substance.

Penalty:  Fine not exceeding 10 penalty units.

39 Procedures in case of loss, &c., of narcotic substances

(1)  In this regulation –

(a) a reference to the unintentional destruction of a narcotic substance includes a reference to the unintentional disposal of that substance; and

(b) a reference to a narcotic substance includes a reference to a narcotic substance in a parenteral solution.

(2)  If a narcotic substance is lost in a medical institution, clause 1 of Schedule 6 has effect.

(3)  If a narcotic substance is spilt, broken or unintentionally destroyed in a medical institution, clause 2 of Schedule 6 has effect.

Division 11 General

40 Miscellaneous duties of licence holder

(1)  The holder of a licence under this Part –

(a) must not sell, keep or otherwise have possession of a narcotic substance except upon the premises specified in the licence; and

(b) must not transact any dealing in a narcotic substance except by himself or herself or by a competent or responsible person acting on his or her behalf; and

(c) must not sell or supply a narcotic substance to any person who is not authorised under these regulations to purchase or receive the substance; and

(d) must keep and store a narcotic substance in his or her possession in accordance with these regulations; and

(e) must keep and maintain a narcotic substances register in accordance with these regulations.

Penalty:  Fine not exceeding 10 penalty units.

(2)  Notwithstanding subregulation (1)(a) , the Minister may authorise, in writing, a holder of a licence to have possession of a narcotic substance for such purpose and for such period as may be specified in the authority.

41 Self-administration of narcotic substances prohibited

(1)  A person must not administer or cause to be administered to himself or herself by any means whatsoever a narcotic substance that is in the person's possession, unless the narcotic substance has been supplied to the person for that purpose –

(a) by, or on a prescription issued by, a medical practitioner or authorised nurse practitioner; or

(b) by an authorised nurse; or

(c) by a dentist; or

(d) by an authorised health professional; or

(e) by a person on the staff of a hospital in accordance with the instructions of a medical practitioner.

Penalty:  Fine not exceeding 10 penalty units.

(2)  Nothing in this regulation prohibits the administration to a person of a narcotic substance required to be kept in any aircraft or vessel in the case of an emergency where the services of a medical practitioner are not readily available.

42 Control of narcotic substances within Ambulance Service

(1)  Subject to subregulation (2) , the Commissioner of Ambulance Services may issue directives to ambulance officers, paramedics or interstate ambulance officers in respect of the following matters:

(a) the procurement and distribution of narcotic substances for use by the Ambulance Service;

(b) the keeping of records and the furnishing of reports and returns in respect of narcotic substances;

(c) the procedures to be followed, and the precautions to be taken, in respect of –

(i) the storage, handling and use of narcotic substances, whether in ambulance vehicles or elsewhere; and

(ii) the loss, spillage, breakage or unintentional destruction of narcotic substances; and

(iii) the disposal of unused or out-of-date narcotic substances.

(2)  A directive issued under subregulation (1)  –

(a) is not to contain a provision that is inconsistent with, or contrary to, a provision of the Act or these regulations; and

(b) is of no effect until it has been approved by the Secretary.

Part 4 Poisons and Restricted Substances

43 Storage of poisons, &c.

(1)  Where, at any premises, a person has possession, custody or control of, for sale or supply, a substance specified in Schedule 7 of the Poisons List, the person must keep the substance in a part of the premises that is partitioned off or otherwise separated from any part of the premises that is readily accessible to the public.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A chemist, medical practitioner, dentist, endorsed midwife, authorised nurse practitioner, veterinary surgeon, optometrist, podiatrist or authorised health professional who sells or supplies any substance specified in Schedule 3 or 4 to the Poisons List must keep it in either of the following so that the public does not have access to the substance:

(a) a storeroom;

(b) the dispensary.

Penalty:  Fine not exceeding 10 penalty units.

(3)  If a person has possession, custody or control of, for sale or supply, a substance specified in Schedule 2 of the Poisons List –

(a) at premises which are not a pharmacy, the person must keep the substance behind a serving counter or in such other manner as to ensure that it is not readily accessible to the public; or

(b) at a pharmacy, the person must keep the substance as specified in paragraph (a) or on a horizontal shelf that is –

(i) affixed to, or placed immediately against, an internal wall or partition separating the dispensary from the remainder of the premises; or

(ii) not more than 4 metres from, and in clear line of sight of, the dispensary; or

(iii) susceptible, in such other manner as may be approved by the Secretary, of close supervision from the dispensary.

Penalty:  Fine not exceeding 10 penalty units.

(4)  Where a person has possession, custody or control of, for sale or supply, a poison, the person must keep it separate and apart from other goods suitable for human or animal consumption in such a way that, if the container of the poison breaks or leaks, the poison will not intermix with or contaminate those goods.

Penalty:  Fine not exceeding 10 penalty units.

(5)  [Regulation 43 Subregulation (5) inserted by S.R. 2023, No. 5, Applied:06 Mar 2023] A person who has possession, custody or control, for sale or supply, of a substance specified in Schedule 6 of the Poisons List must keep the substance in such a way as to prevent access by children.

Penalty:  Fine not exceeding 10 penalty units.

44 Restriction on advertising of restricted substances

A person must not advertise a restricted substance except in publications that circulate generally only among persons lawfully engaged in medical, dental, nurse practitioner, veterinary, optometrical, podiatric, midwifery or pharmaceutical practice or in the manufacture or supply of restricted substances.

Penalty:  Fine not exceeding 10 penalty units.

45 Prescriptions for restricted substances

(1)  A person, other than a medical practitioner, dentist, endorsed midwife, authorised nurse practitioner, veterinary surgeon or authorised health professional must not issue a prescription for a restricted substance.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A medical practitioner, dentist, authorised health professional or veterinary surgeon, subject to this regulation, is authorised to issue a prescription for any restricted substance.

(3)  An authorised health professional, subject to this regulation, is authorised to issue a prescription for a restricted substance if he or she is endorsed to prescribe that restricted substance by the relevant authorised body and is acting in accordance with that endorsement.

(4)  An authorised nurse practitioner may write or issue a prescription for a restricted substance in such circumstances, subject to such conditions and in relation to such substances or classes of substances as may be specified in an authorisation issued by the Secretary.

(5)  Subject to regulation 46 , a medical practitioner, dentist, endorsed midwife, authorised nurse practitioner, veterinary surgeon or authorised health professional on issuing a prescription must comply with the following conditions:

(a) except in a case where the Secretary otherwise approves, he or she is to write the prescription legibly in ink and, in his or her own handwriting, is to include in the prescription –

(i) the date on which it is written; and

(ii) the name and address of the patient or, in the case of an animal, the name and address of its owner; and

(iii) the date of birth of the patient; and

(iv) the name and the quantity of the restricted substance to be dispensed; and

(v) adequate directions for use; and

(vi) the number of times (if any) the dispensing of the prescription may be repeated; and

(vii) where the prescription is for a declared restricted substance and the dispensing of the prescription is authorised, by its terms, to be repeated, the minimum intervals at which it may be dispensed;

(b) he or she must sign the prescription;

(c) the prescription must include –

(i) in print, the name and address of the medical practitioner, dentist, endorsed midwife, authorised nurse practitioner, veterinary surgeon or authorised health professional; or

(ii) where the patient is attending a public hospital, private hospital, correctional health facility, children and youth services facility or residential care facility, in print or block letters –

(A) the name and address of the person writing or issuing the prescription; and

(B) the address of the hospital or facility;

(d) the prescription must be issued –

(i) by a medical practitioner for use in the course of medical treatment only; or

(ii) by a dentist for use in the course of dental treatment only and is to include the words "For dental treatment only"; or

(iii) by an endorsed midwife for use in the course of midwifery treatment only; or

(iv) by an authorised nurse practitioner for use in the course of nurse practitioner treatment only; or

(v) by a veterinary surgeon for use in the course of animal treatment only and is to include the words "For animal treatment only"; or

(vi) by an authorised health professional, for use in the course of the lawful practice of his or her profession;

(e) where the prescription contains an unusual dose, the medical practitioner, dentist, endorsed midwife, authorised nurse practitioner, veterinary surgeon or authorised health professional by whom it is issued must underline, or by some other means emphasise, that part of the prescription that refers to the unusual dose and, except for a prescription issued in accordance with an approval under regulation 46 , initial that part in the margin.

Penalty:  Fine not exceeding 10 penalty units.

(6)  Notwithstanding subregulation (5)(a)(ii) , a medical practitioner, dentist, endorsed midwife, authorised nurse practitioner, veterinary surgeon or authorised health professional may use a printed label in a prescription to identify the patient or owner of the animal, if that label is initialled by the medical practitioner, dentist, endorsed midwife, authorised nurse practitioner, veterinary surgeon or authorised health professional.

(7)  [Regulation 45 Subregulation (7) substituted by S.R. 2020, No. 22, Applied:31 Mar 2020] A prescription is to be taken, for the purposes of these regulations, to have been issued in accordance with subregulation (5) if –

(a) the prescription is issued in respect of a patient who is an admitted patient of a medical institution; and

(b) the prescription is issued on a medication chart and the following fields have been completed legibly in ink by a medical practitioner, endorsed midwife, authorised nurse practitioner or authorised health professional:

(i) the name, form and strength of the restricted substance;

(ii) the date of prescribing the restricted substance;

(iii) the dose of the restricted substance;

(iv) the frequency of administration or a notation to the effect that the restricted substance is to be used as directed;

(v) the route of administration of the restricted substance;

(vi) the signature of the person prescribing the restricted substance.

(8)  A medical practitioner, endorsed midwife, authorised nurse practitioner or authorised health professional must not issue a prescription for a restricted substance in the form referred to in subregulation (7)(a) unless, at the time of issue of the prescription –

(a) the patient to whom the prescription relates is a patient in the medical institution referred to in the prescription; and

(b) adequate directions, in writing, for the use of the restricted substance in relation to the patient have been, or are, given by the medical practitioner, endorsed midwife, authorised nurse practitioner or authorised health professional to a person having responsibility for the care of the patient in the medical institution.

Penalty:  Fine not exceeding 10 penalty units.

(9)  [Regulation 45 Subregulation (9) inserted by S.R. 2026, No. 4, Applied:16 Feb 2026] An interstate prescriber must not write or issue a prescription for a declared restricted substance that the prescriber reasonably believes will be dispensed in Tasmania unless the prescription is written and issued in accordance with these regulations.

Penalty:  Fine not exceeding 10 penalty units.

46 Electronic prescriptions for restricted substances

(1)  Where a medical practitioner, dentist, endorsed midwife, authorised nurse practitioner, veterinary surgeon or authorised health professional is authorised to issue a prescription for a restricted substance, that prescription may be issued electronically if the Secretary so approves.

(2)  For the purpose of subregulation (1) , issuing a prescription electronically includes issuing the prescription by transmitting data electronically without producing a printed copy of that data.

(3)  An approval under subregulation (1)  –

(a) is to be in writing signed by the Secretary; and

(b) may be of general or specific application; and

(c) may be made subject to such conditions as the Secretary thinks fit; and

(d) may be amended or revoked by the Secretary by notice in writing.

(4)  The conditions specified in regulation 45(5) with the exception of the condition that a prescription be handwritten in ink, apply to the issuing of a prescription electronically in accordance with an approval under subregulation (1) .

(5)  For the purposes of regulation 45(5)(b) as it applies to the issuing of a prescription in accordance with an approval under subregulation (1) , sign includes sign electronically.

47 Emergency prescribing and dispensing of restricted substances

(1)  [Regulation 47 Subregulation (1) amended by No. 23 of 2022, s. 56, Applied:24 Oct 2022] Notwithstanding regulation 45(5) , a pharmacist may supply a restricted substance on the instruction of a medical practitioner, veterinary surgeon, dentist, endorsed midwife, authorised nurse practitioner or authorised health professional if, because of the urgent circumstances in which the substance is required, it is impracticable, before the substance is required to be supplied, to –

(a) issue a prescription for the substance; and

(b) [Regulation 47 Subregulation (1) amended by No. 23 of 2022, s. 56, Applied:24 Oct 2022] cause the prescription to be delivered to the pharmacist.

(2)  [Regulation 47 Subregulation (2) amended by No. 23 of 2022, s. 56, Applied:24 Oct 2022] A medical practitioner, veterinary surgeon, dentist, endorsed midwife, authorised nurse practitioner or authorised health professional who issues an instruction under subregulation (1) must send to that pharmacist, within 5 days of issuing the instruction, a prescription that –

(a) complies with regulation 45(5); and

(b) [Regulation 47 Subregulation (2) amended by No. 23 of 2022, s. 56, Applied:24 Oct 2022] clearly states that it is in confirmation of the instruction to that pharmacist to supply the restricted substance without a prescription.

Penalty:  Fine not exceeding 10 penalty units.

48 Continued dispensing without prescription in specified circumstances

[Regulation 48 Subregulation (1) amended by No. 23 of 2022, s. 57, Applied:24 Oct 2022] [Regulation 48 Subregulation (1) amended by S.R. 2022, No. 54, Applied:27 Jul 2022] [Regulation 48 Subregulation (1) amended by S.R. 2020, No. 22, Applied:31 Mar 2020] [Regulation 48 Subregulation (1) amended by S.R. 2022, No. 54, Applied:27 Jul 2022] [Regulation 48 Subregulation (1A) amended by S.R. 2022, No. 78, Applied:24 Oct 2022] [Regulation 48 Subregulation (1A) inserted by S.R. 2022, No. 54, Applied:27 Jul 2022] [Regulation 48 Subregulation (2) amended by S.R. 2022, No. 54, Applied:27 Jul 2022] [Regulation 48 Subregulation (2) amended by S.R. 2020, No. 22, Applied:31 Mar 2020] [Regulation 48 Subregulation (2) amended by S.R. 2020, No. 22, Applied:31 Mar 2020] [Regulation 48 Subregulation (2) amended by S.R. 2022, No. 54, Applied:27 Jul 2022] [Regulation 48 Subregulation (2) amended by S.R. 2020, No. 22, Applied:31 Mar 2020] [Regulation 48 Subregulation (2) amended by S.R. 2022, No. 54, Applied:27 Jul 2022] [Regulation 48 Subregulation (2) amended by S.R. 2022, No. 54, Applied:27 Jul 2022] [Regulation 48 Subregulation (2) amended by S.R. 2022, No. 54, Applied:27 Jul 2022] [Regulation 48 Substituted by S.R. 2023, No. 5, Applied:06 Mar 2023]

(1)  Notwithstanding regulation 45(5) and regulation 47 , a pharmacist may supply up to, and including, the specified quantity of a restricted substance, other than a declared restricted substance, on the basis of a previous prescription if –

(a) a valid prescription is unavailable; and

(b) the supply is in accordance with the conditions set out in subregulation (3) .

(2)  Subregulation (1) does not apply where a prescriber, after considering the clinical safety of a person, specifies in writing on an individual prescription that continued dispensing on the basis of a previous prescription is not to occur.

(3)  For the purposes of subregulation (1) , a pharmacist must not supply a restricted substance to a person on the basis of a previous prescription unless –

(a) the pharmacist is satisfied that –

(i) the usual prescriber is unable to be contacted or is unable to provide an electronic prescription; and

(ii) the person has previously been supplied the restricted substance on the basis of a prescription from the usual prescriber; and

(iii) the person's therapy is stable; and

(iv) the person has been taking the restricted substance regularly for an uninterrupted period; and

(v) since the start of the period referred to in subparagraph (iv) , the usual prescriber has assessed the person's condition and decided that there is a need for ongoing treatment with the restricted substance; and

(vi) the person had a valid prescription for the last supply of the restricted substance to the person before the requested supply; and

(vii) the person has not been supplied with the restricted substance via continued dispensing without a prescription in the 12 months before the requested supply; and

(b) the person, or an agent of the person (other than the pharmacist), signs a declaration acknowledging that the person is being supplied with the restricted substance without the presentation of a valid prescription.

(4)  A pharmacist who supplies a restricted substance to a person under subregulation (1) must –

(a) record the information that the pharmacist used to support the pharmacist's decision to supply the restricted substance; and

(b) provide information to the usual prescriber about the supply to the person within 7 days of the supply occurring.

Penalty:  Fine not exceeding 10 penalty units.

(5)  For the purposes of subregulation (4) , the information must include a statement that –

(a) the conditions specified in subregulation (3) have been satisfied; and

(b) the pharmacist is satisfied that the restricted substance was required to be supplied to the person to facilitate continuity of treatment.

(6)  For the purposes of this regulation –

previous prescription, in respect of a restricted substance, means the most recent prescription for that substance that has been exhausted;

specified quantity, in respect of a restricted substance, means the quantity of the substance that was supplied in accordance with the previous prescription;

usual prescriber, in respect of a person being supplied with a restricted substance, means the prescriber who would ordinarily have prescribed the restricted substance for the person.

49 Records of prescribing of declared restricted substances

(1)  As soon as practicable after a medical practitioner, dentist, endorsed midwife, authorised nurse practitioner, authorised health professional or veterinary surgeon issues a prescription for a declared restricted substance, he or she must make a record of that prescription, in a form approved by the Secretary, showing –

(a) the name and address of the person for the treatment of whom, or of the owner of the animal for the treatment of which, the substance was prescribed; and

(b) the date of issue of the prescription; and

(c) particulars of the substance sufficient to identify it and to indicate in what quantity and strength it was prescribed; and

(d) particulars of the directions set out in the prescription for the use of the substance; and

(e) particulars of any provision made in the prescription in respect of the number of times, and the minimum intervals at which, the dispensing of the prescription was authorised to be repeated.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A medical practitioner, dentist, endorsed midwife, authorised nurse practitioner, authorised health professional or veterinary surgeon must retain a record made under subregulation (1) for not less than 2 years.

Penalty:  Fine not exceeding 10 penalty units.

50 Sale or supply of restricted substances

(1)  Where any medical practitioner, dentist, endorsed midwife, authorised nurse practitioner, veterinary surgeon or authorised health professional sells or supplies a restricted substance otherwise than by way of wholesale dealing, the substance must be sold or supplied –

(a) by the medical practitioner only for use in the course of medical treatment; or

(b) by the dentist only for use in the course of dental treatment; or

(c) by the endorsed midwife only for use in the course of midwifery treatment; or

(d) by the authorised nurse practitioner only for use in the course of nurse practitioner treatment; or

(e) by the veterinary surgeon only for use in the course of animal treatment; or

(f) by the authorised health professional only for use in the course of the lawful practice of his or her profession.

(2)  Where any medical practitioner, dentist, endorsed midwife, authorised nurse practitioner, veterinary surgeon or authorised health professional sells or supplies a restricted substance other than by way of wholesale dealing in a quantity exceeding that required for 3 days' treatment, he or she must comply with the following conditions:

(a) before the restricted substance is sold or supplied a record of the sale or supply of that substance is to be made showing –

(i) the date on which it was supplied; and

(ii) the name and address of the person for whose treatment it was supplied or in the case of an animal the name and address of the owner; and

(iii) the name and quantity of the restricted substance supplied;

(b) the label on the container is to bear the particulars prescribed in regulation 114 ;

(c) the record of the supply of the restricted substance is to be kept at the surgery or office of the person by whom that substance was supplied or sold, and is to be produced on demand to an inspector.

Penalty:  Fine not exceeding 10 penalty units.

51 Dispensing prescriptions for restricted substances (S4)

(1)  [Regulation 51 Subregulation (1) substituted by S.R. 2026, No. 4, Applied:16 Feb 2026] Subject to subregulations (2) , (3) and (4) and regulation 53 , a person must not supply a restricted substance otherwise than on, and in accordance with –

(a) a prescription issued, or a direction given, in accordance with regulation 45 ; or

(b) a prescription that the person reasonably believes was lawfully written and issued in another State or a Territory.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person may dispense not more than once a prescription for a restricted substance that conforms in all other respects with regulation 45(5) but does not specify a maximum number of times that the dispensing of the prescription may be repeated if, upon dispensing the prescription, that person cancels it in accordance with subregulation (13) .

(3)  A person may only dispense a restricted substance that is not a declared restricted substance or a specified psychotropic substance in accordance with a medication chart, that is taken to be a prescription under regulation 45(7)(b) for the restricted substance, for up to 12 months from the date of the prescription.

(4)  Where –

(a) the dispensing of a prescription for a declared restricted substance is authorised, by the terms of the prescription, to be repeated but the prescription does not specify the minimum intervals at which the dispensing of the prescription may be repeated; and

(b) the prescription conforms in all other respects with regulation 45(5)  –

a person may dispense that prescription if –

(c) the person –

(i) ascertains, in accordance with subregulation (5) , the earliest date on which the dispensing of the prescription may be repeated; and

(ii) upon dispensing the prescription, marks on it, over the person's signature and the date, a note that specifies both the date so ascertained and how it was ascertained; or

(d) upon dispensing the prescription, the person cancels it in accordance with subregulation (13) .

(5)  The date referred to in subregulation (4)(c)(i) is to be ascertained by reference to either or both of the following:

(a) specific directions for the use by the patient of the declared restricted substance, being directions incorporating a dosage rate, that are included in the prescription;

(b) information obtained directly from the prescriber as to the minimum interval between occasions on which the declared restricted substance should be dispensed to the patient.

(6)  If the date referred to in subregulation (4)(c)(i) is ascertained by reference only to the information referred to in paragraph (a) of subregulation (5) , that date is to be a date not earlier than 4 days before the day on which the quantity of the declared restricted substance being dispensed would be exhausted if used strictly in accordance with the directions referred to in that paragraph.

(7)  [Regulation 51 Subregulation (7) amended by No. 23 of 2022, s. 58, Applied:24 Oct 2022] A person, other than a pharmacist or an assistant under the direct personal supervision of a pharmacist, must not dispense a prescription for a restricted substance.

Penalty:  Fine not exceeding 10 penalty units.

(8)  [Regulation 51 Subregulation (8) amended by No. 23 of 2022, s. 58, Applied:24 Oct 2022] A pharmacist or an assistant under the direct personal supervision of a pharmacist, subject to this regulation, is authorised to dispense a prescription for a restricted substance.

(9)  A person must not dispense any prescription for a restricted substance or supply a restricted substance on or in accordance with any prescription unless the person complies with the following provisions:

(a) the dispensing of the prescription must not be repeated more than the maximum number of times indicated on it and, if an interval of times is specified, at a shorter interval than that specified, and on each occasion upon which it is dispensed there is to be stamped or marked in writing or clearly shown on the prescription –

(i) the date upon which it is dispensed; and

(ii) [Regulation 51 Subregulation (9) amended by No. 23 of 2022, s. 58, Applied:24 Oct 2022] the signature of the pharmacist by whom it is dispensed or by whom its dispensing is supervised; and

(iii) the address of the place at which it is dispensed;

(b) where the occasion of the dispensing of the prescription is, in accordance with the terms of the prescription, the last occasion on which it may be dispensed, the person, upon dispensing it, must cancel it in accordance with subregulation (13) ;

(c) before completion of the supply of the restricted substance, the person must make or cause to be made, in the approved recording system relating to the pharmacy at which that supply is effected, an entry that, subject to subregulation (10) , sets out –

(i) the date on which the restricted substance is dispensed; and

(ii) whether the authority for the dispensing by the person of the restricted substance is a prescription issued under regulation 45 or 46 or an instruction issued under regulation 47 ; and

(iii) the name of the person by whom that prescription or instruction was issued; and

(iv) the name and address of the person for the treatment of whom, or of the owner of the animal for the treatment of which, the restricted substance was dispensed; and

(v) the material part of the prescription or instruction, including particulars of any specification in respect of the repeated dispensing of the prescription; and

(vi) the text of any note marked, under subregulation (4)(c)(ii) , on the prescription (if any) on the authority of which that person dispensed the restricted substance;

(d) the label on the container of the restricted substance is to be marked with the prescription reference number appearing in the approved recording system and with such other particulars as are prescribed in regulation 114(2) ;

(e) the approved recording system is to be kept at the place at which the restricted substance was dispensed and is produced on demand to an inspector.

Penalty:  Fine not exceeding 10 penalty units.

(10)  Where the dispensing of a prescription is repeated at a pharmacy at which it was previously dispensed, the entry made under subregulation (9)(c) in relation to the repeat is to set out –

(a) the date of the repeat; and

(b) the name and address of the person for the treatment of whom, or of the owner of the animal for the treatment of which, the dispensing of the prescription was repeated; and

(c) a note of the fact of the repeat by reference to the entry made under subregulation(8) (c) in relation to the first occasion of the dispensing of that prescription in that pharmacy.

(11)  [Regulation 51 Subregulation (11) amended by No. 23 of 2022, s. 58, Applied:24 Oct 2022] As soon as possible after a prescription issued under regulation 47 is received at the pharmacy at which the restricted substance to which it relates was dispensed, a pharmacist engaged in the conduct of that pharmacy must –

(a) clearly mark on the prescription a note setting out –

(i) the date on which the restricted substance to which it relates was dispensed; and

(ii) [Regulation 51 Subregulation (11) amended by No. 23 of 2022, s. 58, Applied:24 Oct 2022] the name of the pharmacist by whom, or under whose supervision, it was dispensed; and

(iii) the name and address of the pharmacy at which it was dispensed; and

(iv) the identifying mark relating to the approved recording system entry made in pursuance of subregulation (9)(c) in relation to the dispensing of that restricted substance; and

(b) sign and date that note.

Penalty:  Fine not exceeding 10 penalty units.

(12)  [Regulation 51 Subregulation (12) amended by No. 23 of 2022, s. 58, Applied:24 Oct 2022] Where the prescription is such that, if it were issued otherwise than under regulation 47 , subregulation (2) or (4) of this regulation would apply in relation to it, the pharmacist must cancel it, or mark it, as required by whichever of those subregulations would so apply.

Penalty:  Fine not exceeding 10 penalty units.

(13)  Subject to subregulations (14) and (15) , where a person is required by any of the preceding provisions of this regulation to cancel a prescription –

(a) the person must write, stamp or mark in ink in legible letters the word "Cancelled" across the prescription; and

(b) the person must retain the prescription, in a form that is retrievable within 48 hours, for a period of 2 years from the day on which the requirement to cancel the prescription arose.

Penalty:  Fine not exceeding 10 penalty units.

(14)  Where the original of a prescription that is prepared in duplicate is required, under a law of the Commonwealth, to be forwarded to a Department or authority of the Commonwealth –

(a) it is sufficient compliance with the requirements of subregulation (4)(c)(ii) , subregulation (9)(a) , subregulation (11) or (13) if the duplicate of the prescription is dealt with in accordance with those requirements; and

(b) a reference in the following provisions of this regulation to a prescription, unless the contrary intention appears, is to be taken to include a reference to such a duplicate.

(15)  Subregulation (13)(b) does not apply in relation to a prescription (other than a prescription that does not comply with regulation 20 ) that is written on the same piece of paper as another prescription that may lawfully subsequently be dispensed.

(16)  A person must not dispense a restricted substance on a prescription which –

(a) is illegible or defaced; or

(b) is marked "cancelled"; or

(c) appears to have been altered; or

(d) appears to be fraudulent in any respect or forged.

Penalty:  Fine not exceeding 10 penalty units.

(17)  A person to whom a prescription of the kind referred to in subregulation (16) is presented must –

(a) retain the prescription notwithstanding that it has not been dispensed; and

(b) as soon as practicable inform the Secretary or a police officer of the relevant circumstances and the person's reasons for not dispensing the prescription.

Penalty:  Fine not exceeding 10 penalty units.

(18)  [Regulation 51 Subregulation (18) substituted by S.R. 2023, No. 80, Applied:29 Nov 2023] A person must not dispense a prescription for a restricted substance or supply a restricted substance upon a prescription if the prescription is presented for dispensing more than 12 months after the date on which the prescription was written unless otherwise permitted under the Act or these regulations.

Penalty:  Fine not exceeding 10 penalty units.

(19)  For the purposes of this regulation, 2 or more prescriptions issued to the same person in respect of the same declared restricted substance are to be treated as a single prescription that authorises the substance to be dispensed more than once.

52 Specified psychotropic substances

The restricted substances specified in Schedule 3 are specified psychotropic substances for the purposes of section 38(1)(b) of the Act.

53 Emergency supply of restricted substances other than specified psychotropic substances

[Regulation 53 Amended by No. 23 of 2022, s. 59, Applied:24 Oct 2022] The following conditions are prescribed, for the purposes of section 38(1)(b) of the Act, in relation to the sale or supply by a pharmacist, otherwise than on and in accordance with a prescription of a medical practitioner, dentist, endorsed midwife, authorised nurse practitioner, authorised health professional or veterinary surgeon, of a restricted substance other than a specified psychotropic substance:

(a) [Regulation 53 Amended by No. 23 of 2022, s. 59, Applied:24 Oct 2022] the pharmacist must, before supplying the restricted substance, be satisfied, on reasonable grounds, that –

(i) the person for the treatment of whom the supply of the restricted substance is sought ("the patient") is undergoing medical treatment which requires the use of that restricted substance; and

(ii) the continuation of that treatment is essential to the wellbeing of the patient; and

(iii) it is not practicable for the patient to obtain a prescription for that restricted substance before the supply of it for his or her treatment will be necessary;

(b) the quantity of the restricted substance supplied must not exceed –

(i) the quantity necessary for 3 days' treatment of the patient; or

(ii) in the case of a restricted substance that is in the form of –

(A) [Regulation 53 Amended by No. 23 of 2022, s. 59, Applied:24 Oct 2022] a cream or ointment supplied to the pharmacist in a form of packaging designed for supply intact to individual users; or

(B) [Regulation 53 Amended by No. 23 of 2022, s. 59, Applied:24 Oct 2022] a liquid supplied to the pharmacist in a form of packaging designed for supply intact to individual users, being a metered-dose pressurised spray pack, a dropper or applicator bottle or a form of packaging interference with the integrity of which would be detrimental to the proper administration to the patient of the restricted substance –

the minimum quantity that may be dispensed without interfering with the integrity of that packaging and is not less than the quantity referred to in subparagraph (i) ;

(c) the container in which the restricted substance is supplied must be labelled in accordance with regulation 114(2) and, in addition, the principal label on that container must include –

(i) the words "EMERGENCY SUPPLY"; and

(ii) the date of supply; and

(iii) the identifying mark relating to the entry made under paragraph (d) in relation to the supply of that restricted substance;

(d) [Regulation 53 Amended by No. 23 of 2022, s. 59, Applied:24 Oct 2022] before completion of the supply of the restricted substance, the pharmacist must make, in the approved recording system relating to the pharmacy at which that supply is effected, an entry signed by that pharmacist that sets out –

(i) the date on which the restricted substance is supplied; and

(ii) [Regulation 53 Amended by No. 23 of 2022, s. 59, Applied:24 Oct 2022] a note to the effect that the supply of the restricted substance was by way of emergency supply under this regulation, including the reasons for that emergency supply and, to the best of the knowledge and belief of the pharmacist, the name of the medical practitioner, endorsed midwife, authorised health professional or authorised nurse practitioner by whom the restricted substance was last prescribed for the patient; and

(iii) the name and address of the patient; and

(iv) particulars of the restricted substance sufficient to identify it and to indicate in what quantity and strength it was supplied; and

(v) the directions given for the use by the patient of the restricted substance.

53A.

[Regulation 53A Inserted by S.R. 2020, No. 22, Applied:31 Mar 2020] [Regulation 53A Rescinded by S.R. 2021, No. 110, Applied:17 Dec 2021]

54 Supply of restricted substance in medical institution

(1)  [Regulation 54 Subregulation (1) amended by No. 23 of 2022, s. 60, Applied:24 Oct 2022] For the purposes of section 38(1)(b) of the Act, a pharmacist may sell or supply a restricted substance to a resident of, or a patient in, a medical institution, otherwise than in accordance with a prescription of a medical practitioner, dentist, authorised health professional, endorsed midwife or authorised nurse practitioner, if –

(a) a valid prescription does not exist; and

(b) [Regulation 54 Subregulation (1) amended by No. 23 of 2022, s. 60, Applied:24 Oct 2022] the substance is included on the drug therapy chart of the resident or patient and the pharmacist has seen the chart or a copy of it; and

(c) [Regulation 54 Subregulation (1) amended by No. 23 of 2022, s. 60, Applied:24 Oct 2022] the pharmacist is satisfied that the sale or supply of the substance is necessary for the continued treatment of the resident or patient; and

(d) [Regulation 54 Subregulation (1) amended by No. 23 of 2022, s. 60, Applied:24 Oct 2022] the pharmacist makes a record in an approved recording system of –

(i) the name of the medical practitioner, dentist, authorised health professional, endorsed midwife or authorised nurse practitioner responsible for preparing the drug therapy chart and the person to whom it is sold or supplied; and

(ii) the name and amount of the substance sold or supplied; and

(iii) the basis on which the substance is sold or supplied; and

(e) the amount of the substance supplied does not exceed the smallest practicable amount and in any case does not exceed –

(i) if the substance is included in the Schedule of Pharmaceutical Benefits for Approved Pharmacists and Medical Practitioners published under Part VII of the National Health Act 1953 of the Commonwealth, the maximum quantity specified in that Schedule; or

(ii) if the substance is not included in that Schedule, one month’s supply.

(2)  Only one sale or supply of the substance may be made to the resident or patient under subregulation (1) .

(3)  [Regulation 54 Subregulation (3) amended by No. 23 of 2022, s. 60, Applied:24 Oct 2022] If a restricted substance is supplied under this regulation, the medical practitioner, authorised health professional, endorsed midwife or authorised nurse practitioner responsible for preparing the drug therapy chart must send to the pharmacist referred to in subregulation (1) supply, a prescription that –

(a) complies with regulation 45(5) ; and

(b) [Regulation 54 Subregulation (3) amended by No. 23 of 2022, s. 60, Applied:24 Oct 2022] clearly states that it is in authorisation of the supply, otherwise than in accordance with a prescription, by that pharmacist of the restricted substance.

(4)  This regulation does not apply in respect of a substance that has been dispensed in accordance with a medication chart that complies with regulation 45(7)(b) .