Victorian Numbered Regulations

DRUGS, POISONS AND CONTROLLED SUBSTANCES REGULATIONS 2017 (SR NO 29 OF 2017) - REG 51

    (1)     This regulation applies in relation to a pharmacist selling or supplying a Schedule 8 poison on a prescription that is—

        (a)     an original prescription; or

        (b)     a copy of an original prescription.

    (2)     A pharmacist must not sell or supply a Schedule 8 poison in a quantity that allows for more than 2 days' treatment unless—

        (a)     the prescription is handwritten and—

              (i)     the pharmacist is familiar with the purported prescriber's handwriting; and

              (ii)     the writing on the prescription is comparable to the usual writing of the purported prescriber; or

        (b)     the pharmacist has taken all reasonable steps to verify that the prescription was written by the purported prescriber.

Note

Regulation 63 requires a pharmacist to retain a prescription for a Schedule 8 poison if the pharmacist cannot verify that the prescription was written by the purported prescriber and supplies a lesser quantity.

    (3)     A pharmacist must not sell or supply a Schedule 8 poison on a prescription if it is more than 6 months since the date stated on the prescription as the day on which the prescription was written.

    (4)     A pharmacist must not sell or supply a Schedule 8 poison on a prescription if—

        (a)     the pharmacist has reason to believe that the prescription—

              (i)     has been forged or is fraudulent in any way; or

              (ii)     has been altered in any way other than by, or on the instruction of, the prescriber; or

        (b)     the prescription is illegible or defaced; or

        (c)     the Schedule 8 poison has already been sold or supplied on that prescription in the quantity that is permitted by the instructions written on the prescription.

    (5)     Other than in the exceptional circumstances set out in regulation 53, a pharmacist must not sell or supply a Schedule 8 poison on a prescription contrary to the instructions written on the prescription, including by—

        (a)     supplying a quantity that exceeds the quantity authorised for supply on the first occasion; or

        (b)     supplying the poison before an interval specified in the prescription has elapsed; or

        (c)     if the prescription specifies that only a specific brand of the poison is to be supplied, supplying a different brand.