South Australian Current Acts South Australian Current Acts18—Regulation of prescription drugs
(1) A person must not
prescribe a prescription drug (not being a drug of dependence) except as
follows:
(a) a
registered health practitioner may prescribe a prescription drug (not being a
drug of dependence) for a person if he or she is acting in the ordinary course
of the practitioner's profession and—
(i)
the practitioner is a dentist, medical practitioner or
nurse practitioner; or
(ii)
the practitioner's registration is endorsed under
section 94 of the Health Practitioner Regulation National Law as being
qualified to prescribe a scheduled medicine or class of scheduled medicines
and the drug is a scheduled medicine or of a class of scheduled medicines
specified in the endorsement; or
(iii)
the practitioner is authorised to prescribe the drug by
the regulations;
(b) a
veterinary surgeon may prescribe a prescription drug (not being a
drug of dependence) for an animal if the veterinary surgeon is acting in the
ordinary course of the veterinary surgeon's profession;
(c) a
person may prescribe a prescription drug (not being a drug of dependence) for
a person or an animal if licensed to do so by the Minister.
Maximum penalty: $10 000 or imprisonment for 2 years.
(1a) A person must not
sell a prescription drug (not being a drug of dependence) by wholesale except
as follows:
(a) a
pharmacist may sell a prescription drug (not being a drug of dependence) by
wholesale if the pharmacist is acting in the ordinary course of the
pharmacist's profession;
(b) a
person may sell a prescription drug (not being a drug of dependence) by
wholesale if licensed to do so by the Minister.
Maximum penalty: $10 000 or imprisonment for 2 years.
(1b) A person must not
sell a prescription drug (not being a drug of dependence) by retail except as
follows:
(a) a
pharmacist may sell a prescription drug (not being a drug of dependence) by
retail if the pharmacist—
(i)
is dispensing the drug on the prescription of a person of
a class authorised to prescribe the drug; and
(ii)
is acting in the ordinary course of the pharmacist's
profession;
(b) a
registered health practitioner may sell a prescription drug (not being a
drug of dependence) by retail if the practitioner is acting in the ordinary
course of the practitioner's profession and—
(i)
the practitioner is a dentist, medical practitioner or
nurse practitioner; or
(ii)
the practitioner's registration is endorsed under
section 94 of the Health Practitioner Regulation National Law as being
qualified to sell a scheduled medicine or class of scheduled medicines and the
drug is a scheduled medicine or of a class of scheduled medicines specified in
the endorsement; or
(iii)
the practitioner is authorised to sell the drug by the
regulations;
(c) a
veterinary surgeon may sell a prescription drug (not being a drug of
dependence) by retail if the veterinary surgeon is acting in the ordinary
course of the veterinary surgeon's profession;
(d) a
person may sell a prescription drug (not being a drug of dependence) by retail
if the person is licensed to do so by the Minister.
Maximum penalty: $10 000 or imprisonment for 2 years.
(1c) A person must not
supply a prescription drug (not being a drug of dependence) to another person
except as follows:
(a) a
pharmacist may supply a prescription drug (not being a drug of dependence) to
a person if the pharmacist—
(i)
is dispensing the drug on the prescription of a person of
a class authorised to prescribe the drug; and
(ii)
is acting in the ordinary course of the pharmacist's
profession;
(b) a
registered health practitioner may supply a prescription drug (not being a
drug of dependence) to a person if the practitioner is acting in the ordinary
course of the practitioner's profession and—
(i)
the practitioner is a dentist, medical practitioner,
nurse or midwife; or
(ii)
the practitioner's registration is endorsed under
section 94 of the Health Practitioner Regulation National Law as being
qualified to supply a scheduled medicine or class of scheduled medicines and
the drug is a scheduled medicine or of a class of scheduled medicines
specified in the endorsement; or
(iii)
the practitioner is authorised to supply the drug by the
regulations;
(c) a
veterinary surgeon may supply a prescription drug (not being a drug
of dependence) to a person for an animal if the veterinary surgeon is acting
in the ordinary course of the veterinary surgeon's profession;
(d) a
person may supply a prescription drug (not being a drug of dependence) to
another person if licensed to do so by the Minister.
Maximum penalty: $10 000 or imprisonment for 2 years.
(1d) A person must not
administer a prescription drug (not being a drug of dependence) to another
person or an animal except as follows:
(a) a
registered health practitioner may administer a prescription drug (not being a
drug of dependence) to a person if the practitioner is acting in the ordinary
course of the practitioner's profession and—
(i)
the practitioner is a dentist, medical practitioner,
nurse or midwife; or
(ii)
the practitioner's registration is endorsed under
section 94 of the Health Practitioner Regulation National Law as being
qualified to administer a scheduled medicine or class of scheduled medicines
and the drug is a scheduled medicine or of a class of scheduled medicines
specified in the endorsement; or
(iii)
the practitioner is authorised to administer the drug by
the regulations;
(b) a
veterinary surgeon may administer a prescription drug (other than a
drug of dependence) to an animal if the veterinary surgeon is acting in the
ordinary course of the veterinary surgeon's profession;
(c) a
person may administer a prescription drug (not being a drug of dependence) to
another person if—
(i)
the person is licensed to do so by the Minister; or
(ii)
the drug has been lawfully prescribed for, or supplied
to, that other person;
(d) a
person may administer a prescription drug (not being a drug of dependence) to
an animal if—
(i)
the person is licensed to do so by the Minister; or
(ii)
the drug has been lawfully prescribed or supplied for
that animal.
Maximum penalty: $10 000 or imprisonment for 2 years.
(1e) A person must not
manufacture or pack a prescription drug (not being a drug of dependence)
except as follows:
(a) a
pharmacist may manufacture or pack a prescription drug (not being a
drug of dependence) if the pharmacist is acting in the ordinary course of the
pharmacist's profession;
(b) a
registered health practitioner may manufacture or pack a prescription drug
(not being a drug of dependence) if the practitioner is acting in the ordinary
course of the practitioner's profession and—
(i)
the practitioner is a dentist, medical practitioner or
nurse practitioner; or
(ii)
the practitioner's registration is endorsed under
section 94 of the Health Practitioner Regulation National Law as being
qualified to sell, supply or administer a scheduled medicine or class of
scheduled medicines, the drug is a scheduled medicine or of a class of
scheduled medicines specified in the endorsement and the manufacture or
packing is incidental to the sale, supply or administration of the drug; or
(iii)
the practitioner is authorised to manufacture or pack the
drug by the regulations;
(c) a
veterinary surgeon may manufacture or pack a prescription drug (not being a
drug of dependence) if the veterinary surgeon is acting in the ordinary course
of the veterinary surgeon's profession;
(d) a
person may manufacture or pack a prescription drug (not being a drug
of dependence) if licensed to do so by the Minister;
(e) a
person may manufacture or pack a prescription drug (not being a drug
of dependence) if—
(i)
the drug has been lawfully prescribed for the person,
another person or an animal; and
(ii)
the manufacture or packing is incidental to the
administration of the drug as so prescribed.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) A person must not
prescribe a prescribed prescription drug unless the person has the
qualifications or meets the requirements specified in the regulations for the
purposes of this subsection.
Maximum penalty: $10 000 or imprisonment for 2 years.
(3) A person must not
have in his or her possession a prescription drug (not being a drug of
dependence) unless he or she—
(a) is
the person, or is acting on behalf of the person, for whom the drug has been
lawfully prescribed or supplied; or
(b) is
the owner, or is acting on behalf of the owner, of an animal for whom the drug
has been lawfully prescribed or supplied; or
(c) is a
person authorised by law to sell or supply prescription drugs; or
(d) is
licensed to do so by the Minister; or
(e) has
other lawful authority or reasonable excuse for doing so.
Maximum penalty: $10 000 or imprisonment for 2 years.
(4) In proceedings for
an offence against subsection (1) or (3), the paragraphs of the
subsection are to be treated as providing exceptions, and, if the complaint
negatives the exceptions or alleges that the defendant acted without lawful
authority and, in the case of a complaint for an offence against
subsection (3), without reasonable excuse, no proof will be required in
relation to the exceptions by the prosecution but the application of an
exception will be a matter for proof by the defendant.
(5) In this
section—
"manufacture", in relation to a substance, means undertake any process by
which the substance is extracted, produced, refined, separated into discrete
units or otherwise prepared.