Medicines Regulations 1984

42 Dispensing of prescription medicines

(1)

Except as provided in subclause (2), no person other than an authorised prescriber, veterinarian, pharmacist, pharmacy graduate, a pharmacy technician, a student, or dispensary technician may dispense a prescription medicine.

(1A)

The following persons may not dispense prescription medicines unless under the direct personal supervision of a pharmacist:

(a)

dispensary technicians:

(b)

pharmacy graduates:

(c)

pharmacy technicians:

(d)

students.

(2)

An agent or employee of a veterinarian may, in any particular case, dispense any prescription medicine at the direction of the veterinarian for use in the treatment of any animal under the care of the veterinarian.

(3)

Every person dispensing a prescription relating to a prescription medicine must comply with the following requirements:

(a)

if the prescription has been communicated orally under regulation 40A(1), the prescription must not be dispensed on more than 1 occasion before the pharmacist has received the written confirmation of the prescription, as required by regulation 40A(2):

(b)

the following information must be recorded on the prescription:

(i)

the name and address of the proprietor of the business at which the prescription is dispensed; and

(ii)

the date on which the prescription is dispensed; and

(iii)

the quantity of medicine dispensed; and

(iv)

a unique identifying number or code for the prescription:

(c)

a prescription for a medicine other than an oral contraceptive must not be dispensed on any occasion after 6 months have elapsed from the date on which it was printed or, if given under regulation 40A(1), communicated orally:

(d)

a prescription for a medicine that is an oral contraceptive must not be dispensed on any occasion after 9 months have elapsed from the date on which it was printed or, if given under regulation 40A(1), communicated orally:

(e)

every prescription must be retained for a period of 3 years by the pharmacist on the premises on which it was dispensed or at a place approved by the Medical Officer of Health and must be kept in an orderly and consecutive manner so as to be readily available for inspection.

(4)

If an authorised prescriber or a veterinarian refers in a prescription to a medicine by its trade mark or trade name, or by reference to the name of its manufacturer, a pharmacist may supply an alternative brand of medicine, provided that—

(a)

the authorised prescriber or veterinarian has not marked the prescription “No brand substitution permitted” or with words of similar meaning; and

(b)

the substituted brand contains the same active ingredient or active ingredients, and no other active ingredients; and

(c)

the substituted brand is in the same dose form and strength as the prescribed brand; and

(d)

there is no clinical reason why the substituted brand should not be supplied; and

(e)

the pharmacist records the brand substitution on the prescription; and

(f)

the pharmacist signs and dates the prescription; and

(g)

the pharmacist informs the patient of the brand substitution.

(5)

This regulation is subject to regulation 43.

Regulation 42(1): substituted, on 11 October 2001, by regulation 12(1) of the Medicines Amendment Regulations 2001 (SR 2001/232).

Regulation 42(1): amended, on 1 August 2011, by regulation 19(1) of the Medicines Amendment Regulations 2011 (SR 2011/245).

Regulation 42(1): amended, on 1 October 2005, by regulation 11(1) of the Medicines Amendment Regulations 2005 (SR 2005/255).

Regulation 42(1): amended, on 19 December 2002, by regulation 4(1) of the Medicines Amendment Regulations (No 2) 2002 (SR 2002/374).

Regulation 42(1A): inserted, on 19 December 2002, by regulation 4(2) of the Medicines Amendment Regulations (No 2) 2002 (SR 2002/374).

Regulation 42(2): amended, on 1 August 2011, by regulation 19(1) of the Medicines Amendment Regulations 2011 (SR 2011/245).

Regulation 42(3): substituted, on 1 August 2011, by regulation 19(2) of the Medicines Amendment Regulations 2011 (SR 2011/245).

Regulation 42(4): substituted, on 1 August 2011, by regulation 19(2) of the Medicines Amendment Regulations 2011 (SR 2011/245).

Regulation 42(5): added, on 1 August 2011, by regulation 19(2) of the Medicines Amendment Regulations 2011 (SR 2011/245).