AustLII Tasmanian Numbered Regulations

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POISONS REGULATIONS 2018 (S.R. 2018, NO. 79) - REG 45

Prescriptions for restricted substances

(1)  A person, other than a medical practitioner, dentist, endorsed midwife, authorised nurse practitioner, veterinary surgeon or authorised health professional must not issue a prescription for a restricted substance.
Penalty:  Fine not exceeding 10 penalty units.
(2)  A medical practitioner, dentist, authorised health professional or veterinary surgeon, subject to this regulation, is authorised to issue a prescription for any restricted substance.
(3)  An authorised health professional, subject to this regulation, is authorised to issue a prescription for a restricted substance if he or she is endorsed to prescribe that restricted substance by the relevant authorised body and is acting in accordance with that endorsement.
(4)  An authorised nurse practitioner may write or issue a prescription for a restricted substance in such circumstances, subject to such conditions and in relation to such substances or classes of substances as may be specified in an authorisation issued by the Secretary.
(5)  Subject to regulation 46 , a medical practitioner, dentist, endorsed midwife, authorised nurse practitioner, veterinary surgeon or authorised health professional on issuing a prescription must comply with the following conditions:
(a) except in a case where the Secretary otherwise approves, he or she is to write the prescription legibly in ink and, in his or her own handwriting, is to include in the prescription –
(i) the date on which it is written; and
(ii) the name and address of the patient or, in the case of an animal, the name and address of its owner; and
(iii) the date of birth of the patient; and
(iv) the name and the quantity of the restricted substance to be dispensed; and
(v) adequate directions for use; and
(vi) the number of times (if any) the dispensing of the prescription may be repeated; and
(vii) where the prescription is for a declared restricted substance and the dispensing of the prescription is authorised, by its terms, to be repeated, the minimum intervals at which it may be dispensed;
(b) he or she must sign the prescription;
(c) the prescription must include –
(i) in print, the name and address of the medical practitioner, dentist, endorsed midwife, authorised nurse practitioner, veterinary surgeon or authorised health professional; or
(ii) where the patient is attending a public hospital, private hospital, correctional health facility, children and youth services facility or residential care facility, in print or block letters –
(A) the name and address of the person writing or issuing the prescription; and
(B) the address of the hospital or facility;
(d) the prescription must be issued –
(i) by a medical practitioner for use in the course of medical treatment only; or
(ii) by a dentist for use in the course of dental treatment only and is to include the words "For dental treatment only" ; or
(iii) by an endorsed midwife for use in the course of midwifery treatment only; or
(iv) by an authorised nurse practitioner for use in the course of nurse practitioner treatment only; or
(v) by a veterinary surgeon for use in the course of animal treatment only and is to include the words "For animal treatment only" ; or
(vi) by an authorised health professional, for use in the course of the lawful practice of his or her profession;
(e) where the prescription contains an unusual dose, the medical practitioner, dentist, endorsed midwife, authorised nurse practitioner, veterinary surgeon or authorised health professional by whom it is issued must underline, or by some other means emphasise, that part of the prescription that refers to the unusual dose and, except for a prescription issued in accordance with an approval under regulation 46 , initial that part in the margin.
Penalty:  Fine not exceeding 10 penalty units.
(6)  Notwithstanding subregulation (5)(a)(ii) , a medical practitioner, dentist, endorsed midwife, authorised nurse practitioner, veterinary surgeon or authorised health professional may use a printed label in a prescription to identify the patient or owner of the animal, if that label is initialled by the medical practitioner, dentist, endorsed midwife, authorised nurse practitioner, veterinary surgeon or authorised health professional.
(7)  A prescription is to be taken, for the purposes of these regulations, to have been issued in accordance with subregulation (5) if the address of the patient, as shown on the prescription for a restricted substance issued by a medical practitioner, endorsed midwife, authorised nurse practitioner or authorised health professional, is a medical institution and –
(a) in place of adequate directions for use, the prescription includes a notation to the effect that the restricted substance is to be used as directed; or
(b) the prescription is issued on a medication chart and the following fields have been completed by a medical practitioner:
(i) name, dosage, form and strength of restricted substance;
(ii) date of prescribing;
(iii) dose;
(iv) frequency of administration;
(v) route of administration.
(8)  A medical practitioner, endorsed midwife, authorised nurse practitioner or authorised health professional must not issue a prescription for a restricted substance in the form referred to in subregulation (7)(a) unless, at the time of issue of the prescription –
(a) the patient to whom the prescription relates is a patient in the medical institution referred to in the prescription; and
(b) adequate directions, in writing, for the use of the restricted substance in relation to the patient have been, or are, given by the medical practitioner, endorsed midwife, authorised nurse practitioner or authorised health professional to a person having responsibility for the care of the patient in the medical institution.
Penalty:  Fine not exceeding 10 penalty units.



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