(1) A pharmacist must not sell or supply a Schedule 4 poison unless that sale or supply is—
(a) subject to regulation 50, sale or supply—
(i) on an original prescription of a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist; or
(ii) if the original prescription is required to be submitted to a public authority by any Act of a State or Territory or the Commonwealth, on a copy of a prescription referred to in subparagraph (i) certified by, or accompanied by a certification from, a pharmacist who has previously received the prescription; or
Reg. 47(1)(b) amended by S.R. No. 20/2023 reg. 7.
(b) sale or supply in accordance with a verbal instruction given under regulation 25(1), (2) or (3) or a digital image of an original prescription transmitted under regulation 25A(1), (2) or (3).; or
(c) subject to regulation 54, sale or supply to a patient in or at a hospital or day procedure centre in accordance with a chart instruction given on a hospital medication chart; or
(d) subject to regulation 55, sale or supply to a resident in accordance with a chart instruction given on a residential medication chart; or
(e) subject to regulation 56, sale or supply in an emergency in which the pharmacist considers it necessary to ensure continuity of treatment; or
(f) subject to regulation 57, sale or supply in circumstances where the pharmacist considers it necessary to ensure continuity of treatment; or
Reg. 47(1)(g) substituted by S.R. No. 13/2021 reg. 11.
(g) sale or supply in accordance with an order of—
(i) a registered medical practitioner; or
(ii) a veterinary practitioner; or
(iii) a dentist; or
(iv) a nurse practitioner; or
(v) an authorised registered nurse; or
(vi) an approved registered nurse; or
(vii) an authorised midwife; or
(viii) an approved registered midwife; or
(ix) an authorised optometrist; or
(x) an authorised podiatrist; or
(h) sale or supply on the order of a person holding a permit for the poison; or
Reg. 47(1)(i) amended by S.R. No. 105/2023 reg. 4(1).
(i) sale or supply to a person referred to in Column 1 of Part 2 of the Table in regulation 7 to the extent and for the purpose referred to in Column 2 of that Part of that Table; or
Reg. 47(1)(j) inserted by S.R. No. 105/2023 reg. 4(2).
(j) sale or supply in accordance with regulation 57A.
Penalty: 100 penalty units.
(2) This regulation does not apply to the sale or supply of a Schedule 4 poison to another pharmacist for use by the other pharmacist in the lawful practice of that pharmacist's profession.
Note
See section 13(3) of the Act.