Victorian Consolidated Regulations

DRUGS, POISONS AND CONTROLLED SUBSTANCES REGULATIONS 2017 - REG 53

For the purposes of regulations 50(4) and 51(5), the exceptional circumstances in which a pharmacist may sell or supply a Schedule 4 poison or Schedule 8 poison on a prescription or a copy of a prescription but contrary to the instructions written on the prescription are the following—

        (a)     the supply is consistent with a further verbal or written instruction given by the prescriber;

        (b)     a departure from those instructions is requested by or on behalf of the person named on the prescription and—

              (i)     the pharmacist has taken reasonable steps to contact the prescriber but has been unable to do so; and

              (ii)     the pharmacist is satisfied that not to depart from the prescription as requested would impose an unreasonable difficulty or inconvenience on the patient; and

              (iii)     the pharmacist has taken all reasonable steps to ensure that supplying the poison as requested would not represent an unacceptable risk to the health and safety of the patient; and

              (iv)     the supply does not result in the poison being provided in a quantity that is greater than the quantity requested (if any) by or on behalf of the person named in the prescription;

        (c)     at the time that the prescription is presented, it is not reasonably practicable for the pharmacist to comply with the instructions written on the prescription and—

              (i)     the pharmacist has taken reasonable steps to contact the prescriber but has been unable to do so; and

              (ii)     the patient consents to the departure from the instructions; and

              (iii)     the pharmacist has taken all reasonable steps to ensure that supplying the poison in that manner would not represent an unacceptable risk to the health and safety of the patient.

Notes

1     Regulations 50(4) and 51(5) prohibit a pharmacist from selling or supplying a Schedule 4 poison or Schedule 8 poison on a prescription contrary to the instructions written on the prescription other than in the exceptional circumstances set out in this provision.

2     Regulation 68 requires that the pharmacist notify the prescriber and make a record of sale or supply in the circumstances set out in paragraphs (b) and (c).