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HEALTH (DRUGS AND POISONS) REGULATION 1996 - REG 84
Dealing with paper prescriptions and particular written instructions
84 Dealing with paper prescriptions and particular written instructions
(1) This section applies to a dispenser who— (a) dispenses a controlled drug
on a paper prescription; or
(b) dispenses a controlled drug on an acceptable
electronic copy of a paper prescription and later receives the paper
prescription; or
(c) administers or supplies a controlled drug on a written
instruction.
(2) The dispenser must, at the relevant time for dispensing,
administering or supplying the controlled drug, legibly and permanently
indicate the following information on the prescription or written
instruction— (a) for a prescription—the prescription has been dispensed;
(b) for a written instruction—the drug has been administered or supplied;
(c) the date;
(d) the name or initials of the dispenser;
(e) the name and
address of the dispensary;
(f) for a repeat prescription—the repeat number.
Penalty— Maximum penalty—40 penalty units.
(3) The dispenser must
send the chief executive the prescription or written instruction— (a) in
paper form; or
(b) in an approved electronic form by electronic
communication.
(4) If the dispenser sends the prescription or written
instruction under subsection (3) (a) , the dispenser must— (a) for a repeat
prescription—send the prescription within 14 days after dispensing the
controlled drug on the final repeat of the prescription; or
(b) for another
prescription—send the prescription within 14 days after dispensing the
controlled drug; or
(c) for a written instruction—send the instruction
within 14 days after carrying out the final administration or supply of the
controlled drug on the instruction.
Penalty— Maximum penalty—40
penalty units.
(5) If the dispenser sends the prescription or written
instruction under subsection (3) (b) , the dispenser must— (a) send the
prescription or written instruction— (i) for a repeat prescription—within
7 days after the end of each week in which the controlled drug is dispensed on
a repeat, including the final repeat, of the prescription; or
(ii) for
another prescription—within 7 days after the end of the week in which the
controlled drug is dispensed; or
(iii) for a written instruction—within 7
days after the end of the month in which the final administration or supply of
the controlled drug on the instruction is carried out; and
(b) keep the
prescription or written instruction in paper form.
Penalty— Maximum
penalty—40 penalty units.
(6) Also, even if a dispenser has sent the
chief executive a paper prescription or written instruction in an approved
electronic form, the chief executive may give a written notice to the
dispenser requiring the dispenser to send the chief executive the prescription
or written instruction in paper form within the period, of at least 14 days,
stated in the notice.
(7) The dispenser must comply with a notice given to
the dispenser under subsection (6) . Penalty— Maximum penalty—40
penalty units.
(8) If the dispenser dispenses the controlled drug on a
repeat prescription, but not as the last repeat, the dispenser must give the
chief executive a written notice of the relevant information for the
prescription within 14 days after dispensing the controlled drug.
Penalty— Maximum penalty—40 penalty units.
(9) Subsection (8) does
not apply if the dispenser sends the repeat prescription to the chief
executive in an approved electronic form under subsection (5) (a) (i) .
(10)
If a dispenser is asked to dispense more of a controlled drug for a person
than appears to be reasonably necessary, or more frequently than appears to be
reasonably necessary, the dispenser must immediately give the chief executive
a written notice about— (a) the circumstances in which the dispenser has
been asked to dispense the controlled drug; and
(b) the quantity of the drug
dispensed and when it has been dispensed for the person.
(11) Subsection (2)
(a) applies to a repeat prescription only if the last repeat of the
prescription is dispensed.
(12) Subsection (2) (a) does not apply to a
duplicate of a paper prescription issued under the National Health Act or
Veterans Entitlements Act .
(13) In this section—
"relevant information" , for a prescription, means— (a) the information
appearing on the front of the prescription; and
(b) the information the
dispenser is required to write on the prescription when dispensing the
controlled drug.
"relevant time" , for dispensing, administering or supplying a controlled
drug, means— (a) if the drug is dispensed on a paper prescription—when the
drug is dispensed; or
(b) if the drug is dispensed on an acceptable
electronic copy of a paper prescription that is later received by a
dispenser—as soon as practicable after the paper prescription is received by
the dispenser; or
(c) if the drug is administered or supplied—when the drug
is administered or supplied.
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