South Australian Current Regulations South Australian Current Regulations33—How prescriptions are to be given
(1) Subject to this
regulation, a prescriber must give a prescription for a drug—
(a) in
writing; or
(b) in
an approved electronic form.
Maximum penalty: $5 000.
(2) A prescriber may,
if of the opinion that good reason exists for doing so, give a prescription
for a drug to a pharmacist by—
(a)
telephone; or
(b) fax;
or
(c) an
approved electronic communication.
(3) If a prescriber
gives a prescription in writing, the prescriber must give the prescription
to—
(a) in
the case of a prescription for a drug for human use—
(i)
the person for whom the drug is to be supplied; or
(ii)
a person acting on behalf of the person for whom the drug
is to be supplied; or
(b) in
the case of a prescription for a drug for animal use—
(i)
the owner of the animal; or
(ii)
a person acting on behalf of the owner of the animal.
Maximum penalty: $5 000.
(4) If a prescription
is given in an approved electronic form, the prescriber must—
(a) in
the case of a prescription in a form approved by the Secretary under the
Commonwealth Regulations—prepare and submit the prescription in
accordance with any approved information technology requirements (as defined
in the Commonwealth Regulations) by means of an eligible
electronic communication (as defined in the Commonwealth Regulations); or
(b) in
the case of a prescription in a form approved by the Minister—prepare
and submit the prescription in accordance with approved
information technology requirements (if any) by means of an
approved electronic communication.
Maximum penalty: $3 000.
(5) If a prescription
is prepared in an approved electronic form, the prescriber must include in the
prescription—
(a) the
date on which the prescription is given; and
(b) the
prescriber's professional name, address and telephone number; and
(c) the
full name and address of the person for whom the prescription is intended; and
(d) the
name, dose form and (if relevant) the route of administration of the drug
being prescribed; and
(e) if
applicable—the strength of the drug being prescribed; and
(f) the
dose of the drug to be administered to the person for whom the drug is being
prescribed; and
(g) the
frequency at which the drug is to be administered; and
(h) the
total amount of the drug to be supplied each time the prescription is
dispensed; and
(i)
the total number of times the drug may be dispensed; and
(j) if
the prescription is for a drug of dependence for human use—the date of
birth of the person for whom the prescription is intended; and
(k) the
words—
(i)
"For dental treatment only" if the prescriber is a
dentist; or
(ii)
"For podiatric treatment only" if the prescriber is a
podiatrist; or
(iii)
"For animal treatment only" if the prescriber is a
veterinary surgeon.
Maximum penalty: $3 000.
(6) If a prescription
for a monitored drug for human use is prepared in an approved electronic form,
the prescriber must—
(a) keep
a record of—
(i)
the details required by subregulation (5) to be
included in the prescription; and
(ii)
the date of birth of the person for whom the prescription
has been prepared; and
(b)
transmit that record electronically to a data source entity at, or immediately
following, the time the record is created (unless subregulation (6a)
applies).
Maximum penalty: $5 000.
Expiation fee: $1 250.
(6a) If a prescriber
is unable to transmit a record relating to a prescription in accordance with
subregulation (6)(b) because the electronic system used to keep the
record is not compatible with the electronic system of a data source entity,
the prescriber must transmit the record electronically to the Chief Executive
so that it is received no later than—
(a) if
the prescription is prepared on a day falling within the first 14 days of
a month—the 21st day of that month; or
(b) if
the prescription is prepared on any other day—the 7th day of the
month following the month in which the prescription was prepared; or
(c) in
any case, such later day as the Chief Executive may, on application,
authorise.
Maximum penalty: $5 000.
Expiation fee: $1 250.
(6b) The Minister may
exempt a prescriber or class of prescribers from the operation of
subregulation (6)(b) or (6a) (or both) if satisfied that proper cause
exists for the exemption.
(7) If a prescription
is given to a pharmacist by telephone, the prescriber must give the
pharmacist—
(a) the
prescriber's professional name, address and telephone number; and
(b) the
full name and address of the person for whom the prescription is intended (or,
if the prescription is intended for an animal, the species of animal for which
it is intended, the name and address of the owner of the animal and the name
(if any) of the animal); and
(c) the
name, dose form and (if relevant) the route of administration of the drug
being prescribed; and
(d) if
applicable—the strength of the drug being prescribed; and
(e) the
dose of the drug to be administered to—
(i)
the person for whom the drug is being prescribed; or
(ii)
the animal in relation to which the drug is being
prescribed,
(as the case may be);
(f) the
total amount of the drug to be supplied; and
(g) the
frequency at which the drug is to be administered; and
(h) if
the prescription is for a drug of dependence for human use—the date of
birth of the person for whom the prescription is intended.
Maximum penalty: $3 000.
(8) If a prescription
is given to a pharmacist by telephone—
(a) the
prescriber must, immediately after so giving the prescription, complete a
prescription in writing that—
(i)
clearly states that it is given in confirmation of the
prescription given by telephone on the particular date on which it is so
given; and
(ii)
otherwise complies with these regulations; and
(b) the
prescriber must forward the written prescription to the pharmacist—
(i)
if the prescription is for a drug of
dependence—within 24 hours of giving the prescription by telephone;
or
(ii)
in any other case—as soon as practicable after
giving the prescription by telephone.
Maximum penalty: $3 000.
(9) If a prescription
is given to a pharmacist by fax, the prescriber must forward the original
prescription to the pharmacist—
(a) in
the case of a prescription for a drug of dependence—within 24 hours
of giving the prescription by fax; or
(b) in
any other case—as soon as practicable after giving the prescription by
fax,
unless the prescriber has endorsed the prescription given by fax with the name
and address of a single pharmacy at which the prescription may be dispensed.
Maximum penalty: $3 000.
(10) If a prescription
is given to a pharmacist by an approved electronic communication, the
prescriber must comply with any requirements imposed by the Minister.
Maximum penalty: $3 000.
(11) This regulation
does not apply to a prescriber who gives a prescription for a drug if—
(a) the
prescription is a medication chart prescription; and
(b) the
provisions of the Commonwealth Regulations applying to the giving of a
medication chart prescription for a pharmaceutical benefit are complied with
in relation to the giving of the prescription of the drug (whether or not the
drug is a pharmaceutical benefit).