Queensland Subordinate Legislation as Made

HEALTH (DRUGS AND POISONS) AMENDMENT REGULATION (NO. 2) 2020 - REG 9

9 Insertion of new s 194A

After section 194 —

194A Sale of oral hormonal contraceptives by pharmacist for immediate need

(1) Despite section 193(1)(a), a pharmacist may sell a person a restricted drug that is an oral hormonal contraceptive without a prescription if the pharmacist reasonably believes—

(a) the person has been treated by a prescriber with the drug for a continuous period of a reasonable length before seeking the drug from the pharmacist; and

(b) it is not practicable for the person to obtain a prescription for the drug before needing to continue treatment with the drug; and

(c) the person has not, in the year before seeking the drug from the pharmacist, been sold the drug without a prescription from the dispensary at which the drug is sought.

(2) The pharmacist must not sell the person more than a manufacturer’s pack of the restricted drug.

Penalty—

Maximum penalty—40 penalty units.

(3) The pharmacist must sell the restricted drug in a container that has on it a securely attached label with the following information written on it—

(a) ‘Keep out of reach of children’ in red on a background of contrasting colour and in bold-faced sans serif capital letters with a face depth of at least 1.5mm;

(b) ‘Immediate need’ in a colour contrasting with the background colour and in bold-faced sans serif capital letters with a face depth of at least 1.5mm;

(c) the name of the person;

(d) the name and address of the pharmacy;

(e) the date of the sale;

(f) the approved name, or the trade name, of the drug.

Penalty—

Maximum penalty—40 penalty units.

(4) When selling the restricted drug to the person, the pharmacist must make a record of the following information—

(a) the name and address of the person;

(b) the date of the sale;

(c) the description and quantity of the drug;

(d) the directions given for the use of the drug;

(e) the name of the prescriber who last prescribed the drug;

(f) a brief description of why the pharmacist is selling the drug to the person under this section.

Penalty—

Maximum penalty—40 penalty units.

(5) The pharmacist must keep the record for at least 2 years after the date of the sale.

Penalty—

Maximum penalty—20 penalty units.

(6) In this section—

"manufacturer’s pack" , of a restricted drug, means a primary pack of the drug supplied by the manufacturer of the drug.

Note—

For the definition
"primary pack" , see the current Poisons Standard, part 1.

"oral hormonal contraceptive" means an oral preparation of a drug for preventing pregnancy by interrupting ovulation.