Regulation 95G of the Principal Regulations is rescinded and the following regulation is substituted:

95G.     Prescriber or dispenser not required to check monitored medicines database

(7)  For the purposes of section 38G of the Act, a prescriber is not required to check the monitored medicines database when prescribing –

(a) a VAD substance in accordance with the End-of-Life Choices (Voluntary Assisted Dying) Act 2021 ; or

(b) a substance to a person who is –

(i) suffering an incurable, progressive, far-advanced disease or medical condition; and

(ii) has limited life expectancy due to the disease or medical condition; and

(iii) is receiving palliative treatment; or

(c) a substance to a person who is an in-patient being treated in a medical institution; or

(d) a substance to a person who is a patient being treated in an emergency department of a hospital and the monitored medicine is to be administered in the course of treatment given in that emergency department.

(8)  For the purposes of 38H of the Act, a dispenser is not required to check the monitored medicines database when dispensing, issuing or supplying –

(a) a VAD substance in accordance with the End-of-Life Choices (Voluntary Assisted Dying) Act 2021 ; or

(b) a substance to a person who is –

(i) suffering an incurable, progressive, far-advanced disease or medical condition; and

(ii) has limited life expectancy due to the disease or medical condition; and

(iii) is receiving palliative treatment; or

(c) a substance to a person who is an in-patient being treated in a medical institution; or

(d) a substance to a person who is a patient being treated in an emergency department of a hospital and the monitored medicine is to be administered in the course of treatment given in that emergency department.