53Emergency supply of restricted substances other than specified psychotropic substances

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 –