Medicines, Poisons and Therapeutic Goods Regulation 2008

A pharmacist is authorised to supply a designated prescription only medicine to someone else without a prescription if the pharmacist is satisfied that—

the person is undergoing treatment essential to the person’s health or wellbeing; and

the designated prescription only medicine has previously been prescribed for the person’s treatment by a prescriber; and

the person is in immediate need of the medicine to continue the treatment; and

because of an emergency, it is not practicable for the person to obtain a prescription for the medicine from a prescriber.

Note Pharmacist does not include an intern pharmacist (see dict).

252 Authorisation conditions for supplying of certain medicines without prescription in emergencies—Act, s 44 (1) (b) and (2) (b)

A pharmacist’s authorisation under section 251 to supply a designated prescription only medicine without a prescription is subject to the following conditions:

the quantity supplied is—

if the medicine is a liquid, aerosol, cream, ointment or anovulant tablet packaged in a manufacturer’s pack—the smallest manufacturer’s pack in which the medicine is generally available; or

in any other case—not more than the quantity required for 3 days treatment for the person;

the medicine is supplied in a package that is labelled in accordance with section 253;

the supply is recorded in accordance with section 254;

the record of the supply is kept at the pharmacy or, if the chief health officer approves in writing another place, the place approved by the chief health officer, for at least 2 years after the day medicine is supplied;

the pharmacist sends the prescriber who would have ordinarily prescribed the medicine for the recipient the required information for the supply in writing not later than 24 hours after supplying the medicine.

In this section:

required information, for the supply of a designated prescription only medicine, means—

the pharmacist’s name; and

the name, business address and telephone number of the pharmacy from which the medicine is supplied; and

the date the medicine is supplied; and

the name and address of the person to whom the medicine is supplied; and

the medicine’s approved name or brand name; and

the form, strength and quantity of the medicine supplied.