Medicines Regulations 1984

Part 7 Prescriptions

39 Conditions under which authorised prescribers and veterinarians may prescribe prescription medicines

(1)

An authorised prescriber (including a designated prescriber) may only prescribe a prescription medicine if the authorised prescriber—

(a)

is prescribing the prescription medicine—

(i)

for the treatment of a patient under the authorised prescriber’s care; and

(ii)

within, and in accordance with all conditions (if any) stated in, the authorised prescriber’s scope of practice, as determined by an authorisation granted under section 21 of the Health Practitioners Competence Assurance Act 2003 by the authority responsible for the registration of the authorised prescriber; and

(b)

is not prohibited by a notice under section 48(1) of the Act from prescribing that prescription medicine or any prescription medicines of a class or description that includes that prescription medicine.

(2)

An authorised prescriber who is a designated prescriber may only prescribe a prescription medicine if—

(a)

the prescription medicine is of a class or description that the designated prescriber is authorised to prescribe by regulations made under the Act; and

(b)

the requirements specified in or imposed under those regulations are satisfied.

(3)

A veterinarian may only prescribe a prescription medicine that is for the treatment of an animal under the veterinarian’s care.

(4)

Subclause (1) does not apply to an authorised prescriber who is acting in the course of his or her employment by the Crown.

Regulation 39: substituted, on 1 December 2011, by regulation 14 of the Medicines Amendment Regulations 2011 (SR 2011/245).