South Australian Current Regulations South Australian Current Regulations (1) If a pharmacist or
medical practitioner dispenses a drug pursuant to a prescription, the
pharmacist or medical practitioner must—
(a) in
the case of a written prescription or electronic prescription—record in
or on the prescription—
(i)
the pharmacist's or medical practitioner's name, business
name (if any) and business address; and
(ii)
the date on which the drug is dispensed; and
(iii)
the unique identifier applicable to the drug; or
(b) in
the case of a prescription given by fax that is endorsed with the name and
address of a single pharmacy at which the prescription is to be
dispensed—endorse on the faxed copy—
(i)
the pharmacist's or medical practitioner's name, business
name (if any) and business address; and
(ii)
the date on which the drug is dispensed; and
(iii)
the unique identifier applicable to the drug.
Maximum penalty: $5 000.
(2) A pharmacist or
medical practitioner who dispenses a drug pursuant to a prescription must, on
the day on which the drug is dispensed, record the following information:
(a) the
unique identifier applicable to the drug dispensed on the prescription;
(b) the
name of the pharmacist or medical practitioner as the dispenser;
(c) the
date on which the drug is dispensed;
(d) the
trade name or the approved name of the drug, or, if it does not have either a
trade or approved name, the ingredients of the drug;
(e) if
the drug is dispensed for a person—
(i)
the full name and address of the person; and
(ii)
in the case of a monitored drug—the person's date
of birth;
(f) if
the drug 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;
(g) the
form, strength and quantity of the dispensed drug;
(h) the
directions given for the safe and proper use of the dispensed drug;
(i)
the name, address and business telephone number of the
person who prescribed the drug;
(j) the
number of times the prescription may be dispensed and (if the prescription so
specifies) the intervals at which the drug may be dispensed;
(k) any
instructions the prescriber has included in or on the prescription in relation
to a specialised supply of the drug;
(l) if
the prescription is endorsed for dispensing at a single pharmacy—the
name and address of that pharmacy.
Maximum penalty: $5 000.
(3) A pharmacist or
medical practitioner must not do the following:
(a) in
the case of a prescription for an S4 poison that does not specify the
number of times the drug is to be dispensed—dispense the drug more than
once pursuant to the prescription;
(b) in
the case of a prescription that specifies the number of times and the
intervals at which the drug may be dispensed—dispense the drug more
times than the number specified or at intervals less than those specified;
(c) in
the case of a prescription that specifies the number of times, but not the
intervals at which, the drug may be dispensed—dispense the drug more
frequently than the pharmacist or medical practitioner considers appropriate.
Maximum penalty: $5 000.
(4) Despite
subregulation (3)(b), if a pharmacist or medical practitioner is
satisfied that a person—
(a) has
lost a previously dispensed supply of a drug; or
(b)
will, through absence from the State or otherwise, find it unduly difficult to
have future supplies of a drug dispensed as needed,
the pharmacist or medical practitioner may (but is not obliged to) dispense a
prescription for the person at an interval earlier than that specified in or
on the prescription.
(5) If, under
subregulation (4), a pharmacist or medical practitioner dispenses a drug
of dependence at an earlier interval than that specified in or on the
prescription, the pharmacist or practitioner must notify the prescriber of
that fact in writing.
Maximum penalty: $5 000.
(6) If a prescription
given by fax is endorsed with the name and address of a single pharmacy at
which the drug may be dispensed, a pharmacist must not dispense the drug
unless the pharmacist is on duty at that pharmacy.
Maximum penalty: $5 000.
(7) A pharmacist or
medical practitioner must not dispense a drug if—
(a) the
prescription for the drug—
(i)
is presented or otherwise sought to be dispensed—
(A) in the case of a drug of
dependence—more than 6 months after the date on which it was
written; or
(B) in any other case—more than
12 months after the date on which it was written; or
(ii)
has been cancelled; or
(iii)
is partly or wholly illegible; or
(iv)
does not comply with the Act or these regulations; or
(b)
there are reasonable grounds for suspecting that the prescription has been
altered, forged or obtained by false pretences.
Maximum penalty: $5 000.
(8) If a prescription
for a drug that is to be dispensed for the first or only time is given in
writing, a pharmacist or medical practitioner must not dispense the drug
unless the original written prescription for the drug is presented to the
pharmacist or medical practitioner.
Maximum penalty: $5 000.
(9) If a prescription
for a drug that is to be dispensed for the first or only time is given by fax,
a pharmacist or medical practitioner must not dispense the drug unless the
faxed prescription is endorsed with the name and address of a single pharmacy
at which the drug may be dispensed.
Maximum penalty: $5 000.
(10) If a prescription
for a drug that is to be dispensed for the second or subsequent time is given
in writing, a pharmacist or medical practitioner must not dispense the drug
unless—
(a) the
original written prescription for the drug and a written record (whether made
on the prescription or on a separately attached repeat authorisation) of the
number of times the drug has been dispensed are presented to the pharmacist or
medical practitioner; or
(b) a
duplicate or copy of the written prescription for the drug and a written
record (made both on the duplicate or copy (as the case may be) and on a
separately attached repeat authorisation) of the number of times the drug has
been dispensed are presented to the pharmacist or medical practitioner.
Maximum penalty: $5 000.
(11) If a pharmacist
or medical practitioner—
(a)
dispenses a drug pursuant to a written prescription; and
(b) the
drug is fully dispensed,
the pharmacist or medical practitioner must endorse the prescription with
the word "CANCELLED" on the day on which the drug is dispensed.
Maximum penalty: $5 000.
(12) If a
pharmacist—
(a)
dispenses a drug pursuant to a prescription given by fax that is endorsed with
the name of a single pharmacy at which the prescription may be dispensed; and
(b) the
drug is fully dispensed,
the pharmacist must endorse the faxed copy of the prescription with the
word "CANCELLED" on the day on which the drug is dispensed.
Maximum penalty: $5 000.
(13) If a pharmacist
or medical practitioner—
(a)
dispenses a drug pursuant to an electronic prescription; and
(b) the
drug is fully dispensed,
the pharmacist or medical practitioner must record in or on the prescription,
on the day that the prescription is dispensed, that the prescription is
cancelled.
(14) A pharmacist or
medical practitioner who dispenses a prescription for an S4 poison must,
unless the prescription is for any reason forwarded to the Department or the
Minister—
(a) in
the case of a written prescription—
(i)
retain the original or duplicate prescription for at
least 1 year; and
(ii)
keep the original or duplicate prescription readily
available for inspection by an authorised officer during that period; or
(b) in
the case of a prescription given by fax—
(i)
retain the faxed copy of the prescription for at least
1 year; and
(ii)
keep the faxed copy of the prescription readily available
for inspection by an authorised officer during that period; or
(c) in
the case of an electronic prescription—
(i)
retain the electronic prescription or a
computer-generated printed copy of it for at least 1 year; and
(ii)
keep the electronic prescription or a computer-generated
printed copy of it readily available for inspection by an authorised officer
during that period.
Maximum penalty: $5 000.
(15) If a prescription
has been issued in duplicate and the original is retained by the pharmacist or
medical practitioner, it is sufficient compliance with this regulation if the
required information is marked on the duplicate prescription.
(16) For the purposes
of this regulation, a prescription for a drug is
"fully dispensed" if—
(a) in
the case of a prescription authorising dispensing of the drug once
only—the drug has been dispensed on 1 occasion; or
(b) in
the case of a prescription authorising dispensing of the drug more than
once—the drug has been dispensed for the last time.
(17) This regulation
(other than subregulations (2), (7)(a) and (7)(b)) does not
apply to a pharmacist or medical practitioner who dispenses a drug on a
prescription if—
(a) the
prescription is a medication chart prescription; and
(b) the
provisions of the Commonwealth Regulations applying to the sale or supply of a
pharmaceutical benefit have been complied with in relation to the sale or
supply of the drug (whether or not the drug is a pharmaceutical benefit).