AustLII Tasmanian Numbered Acts

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MISUSE OF DRUGS ACT 2001 (NO. 94 OF 2001) - SECT 28

Division 5 - Miscellaneous Unlawful conduct in relation to prescriptions

(1)  In this section –
blank prescription form means –
(a) a form that the Commission established under section 4 of the Health Insurance Commission Act 1973 of the Commonwealth has supplied or caused to be supplied to a health professional for the purposes of writing a prescription in accordance with the National Health (Pharmaceutical Benefits) Regulations 1960 of the Commonwealth; or
(b) a form that a health professional has privately prepared or caused to be prepared for the purpose of writing a prescription, being a form that identifies, and purports to be a prescription form of, that health professional;
conduct includes the making of an oral or written representation;
health professional means a person who may lawfully practise as a medical practitioner, dentist or veterinary surgeon, whether in this State or in a Territory or another State;
prescription means a prescription of a health professional, for the supply of a substance comprising or consisting of a controlled drug or controlled precursor;
unlawfully altered, in relation to a prescription, means altered by a person other than the health professional who issued it.
(2)  A person must not –
(a) forge a prescription; or
(b) possess a prescription knowing it to have been forged or unlawfully altered; or
(c) utter a prescription knowing it to have been forged or unlawfully altered.
Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years.
(3)  A person must not unlawfully alter a prescription.
Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years.
(4)  A person must not obtain a prescription by means of conduct that the person knows to be false, misleading or deceptive.
Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years.
(5)  A person must not, without lawful excuse, possess a blank prescription form.
Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years.


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