Does not include amendments by: (amended by Biosecurity Act 2015 No 24) (not commenced — to commence on 1.7.2017) Statute Law (Miscellaneous Provisions) Act 2016 No 27
(1) A dealer who supplies a poison must ensure that the poison is packaged and labelled:
(a) in accordance with the relevant provisions of the current Poisons Standard, and (b) in the case of a poison to which applies, in accordance with that Order. Therapeutic Goods Order No. 80
(1) A pharmacist must not supply a Schedule 3 substance to any person unless the pharmacist:
(a) personally hands the substance to the person, and (b) gives the person an opportunity to seek advice as to the use of the substance, including advice that the person may require in respect of the dosage, frequency of administration and general toxicity of the substance. (2) This clause does not apply to the supply of any substance:
(a) to an authorised practitioner, or (b) to any other person on the prescription of an authorised practitioner.
(1) A person must not obtain or use a Schedule 7 substance unless the person holds an authority under Part 8 to obtain or use the substance. Maximum penalty: 10 penalty units. (2) A dealer must not supply a Schedule 7 substance to any other person unless:
(a) the dealer holds an authority under Part 8 to supply the substance, and (b) the person being supplied holds an authority under Part 8 to obtain the substance. Maximum penalty: 10 penalty units. (3) A person being supplied with a Schedule 7 substance must surrender to the dealer the person’s authority to obtain the substance. Maximum penalty: 10 penalty units.
(1) A pharmacist who supplies pseudoephedrine on prescription must record details of the supply in accordance with clause 55 as if pseudoephedrine were a restricted substance. Maximum penalty: 20 penalty units or imprisonment for 3 months, or both. (1A) A pharmacist who supplies pseudoephedrine to a person without a prescription must, at the time of the supply, record the following details in an electronic form approved by the Secretary:
(a) a unique reference number for the supply, (b) the name of the person by whom the pseudoephedrine is supplied, (c) the name and address of the person to whom the pseudoephedrine is supplied, (d) the name, strength (if not readily apparent) and quantity of the pseudoephedrine supplied and the date on which it is supplied, (e) if the pharmacist does not know the identity of the person to whom the pseudoephedrine is supplied, the unique reference number of a photo identification of the person and the type of that identification. Maximum penalty: 20 penalty units or imprisonment for 3 months, or both.
(1) A dealer who supplies a restricted substance must ensure that the substance is packaged and labelled:
(a) in accordance with the relevant provisions of the current Poisons Standard, and (b) in the case of a substance to which applies, in accordance with that Order. Therapeutic Goods Order No. 80
(1) A medical practitioner must not issue a prescription for a restricted substance otherwise than for medical treatment. (2) A nurse practitioner must not issue a prescription for a restricted substance otherwise than in the course of practising as a nurse practitioner. (3) A midwife practitioner must not issue a prescription for a restricted substance otherwise than in the course of practising as a midwife practitioner.
(1) A prescription for a restricted substance must include the following details:
(a) the date on which it is issued, (b) if the treatment is for:
(i) a patient—the name and address of the patient, or (ii) an animal—the species of animal and the name and address of the animal’s owner, or (iii) a patient’s partner and the prescription is for azithromycin for the treatment of chlamydia—the name and email address or mobile phone number of the partner, (c) the name, strength (if not readily apparent) and quantity of the substance to be supplied, (c1) the route of administration (if not readily apparent) of the substance to be supplied, (d) adequate directions for use, (e) the maximum number of times the substance may be supplied on the prescription, (f) in the case of a prescription for a special restricted substance, the intervals at which the substance may be supplied on the prescription, (g) if the prescription is issued at a hospital, the name and designation of the person by whom it is issued and the name, address and telephone number of the hospital, (h) if the prescription is issued elsewhere than at a hospital, the name and designation of the person by whom it is issued and the address and telephone number of the premises at which it is issued. (1A) As an alternative to complying with subclause (1), a medication chart prescription authorising the supply of a substance that is not a special restricted substance or a substance listed in clause 37 must include the following details:
(a) the date on which it is issued, (b) the name and address of the patient, (c) the name and form (if not readily apparent) of the substance to be supplied, (d) the strength (if not readily apparent) of the substance to be supplied, (e) the route of administration (if not readily apparent) of the substance to be supplied, (f) adequate directions for use, (g) the frequency or times at which the substance is to be administered or used, (h) the period during which the substance is to be used or administered (being a period that ends on a date that is no more than 4 months from the date of first use of the relevant chart for the resident), (i) the name and designation of the person by whom it is issued, (j) the name, address and telephone number of the relevant residential care facility. (2) The details referred to in subclause (1A) (b) and (j) can be made out by any person. (2A) The details referred to in subclause (1) or (1A) (a) or (c)–(i) must be made out:
(a) in the handwriting of the person by whom the prescription is issued, or (b) in such other manner as may be approved for the time being by the Director-General. (2B) A prescription must be signed by the person by whom it is issued (whether it complies with subclause (1) or (1A)).
(1) A pharmacist must not supply a restricted substance on prescription unless the prescription is in the form required by Division 3. (2) This clause does not prevent a pharmacist from supplying a restricted substance on a prescription that otherwise complies with clause 35 (1) merely because:
(a) the prescription fails to specify the maximum number of times the substance may be supplied, or (b) in the case of a prescription for a special restricted substance, the prescription fails to specify the intervals at which the substance may be supplied, or (c) the address shown on the prescription indicates that it has been issued by a veterinary practitioner from some other State or a Territory.
(1) A pharmacist who supplies a restricted substance on prescription must (on each occasion the substance is supplied) endorse the following particulars (in ink) on the prescription:
(a) the date on which the substance was supplied, (b) the address of the place at which the substance was supplied, (c) the prescription reference number. Maximum penalty: 15 penalty units.
(1) A medical practitioner must not supply a restricted substance to any person otherwise than for medical treatment. (2) A nurse practitioner must not supply a restricted substance to any person otherwise than in the course of practising as a nurse practitioner. (3) A midwife practitioner must not supply a restricted substance to any person otherwise than in the course of practising as a midwife practitioner.
(1) The director of nursing of a nursing home is authorised to have possession of a restricted substance (including a prescribed restricted substance) that is approved by the Director-General for emergency use in that nursing home.
(1) A dealer who supplies a drug of addiction must ensure that the drug is packaged and labelled:
(a) in accordance with the relevant provisions of the current Poisons Standard, and (b) in the case of a drug of addiction to which applies, in accordance with that Order. Therapeutic Goods Order No. 80
(1) A pharmacist at a retail pharmacy who supplies any person with methadone in oral liquid form or buprenorphine on a prescription for the treatment of drug dependence must keep a record of the supply in accordance with this clause. Maximum penalty: 20 penalty units.
(1A) Despite clause 85, a pharmacist must not supply methadone in oral liquid form or buprenorphine on prescription for the treatment of drug dependence unless:
(a) the methadone or buprenorphine is supplied at the premises of, and in the course of carrying on the business of, a retail pharmacy, and (b) the retail pharmacy is located on premises at which a pharmacist is approved to supply pharmaceutical benefits under section 90 of the of the Commonwealth. National Health Act 1953 Maximum penalty: 20 penalty units.
(1) The owner of a pharmacy may apply in writing to the Director-General for an exemption from clause 92 (1A) or (1) in relation to the pharmacy. (2) The Director-General may require the owner of the pharmacy to furnish such information as is necessary to enable the Director-General to determine the application. (3) The Director-General may, by notice in writing served on the owner of the pharmacy, grant the exemption, if the Director-General is satisfied that exceptional circumstances exist that justify the granting of the exemption, or refuse to grant the exemption.
(1) This clause applies to the following substances:
amphetamine dexamphetamine lisdexamfetamine methylamphetamine methylphenidate nabiximols phendimetrazine phenmetrazine
(1) The following persons are authorised to have possession of, and to supply, drugs of addiction:
(a) an authorised practitioner, (b) the chief pharmacist of, and any pharmacist employed in dispensing medicines at, any public hospital or other public institution, (c) the director of nursing of a hospital in which a pharmacist is not employed, (d) the nurse or midwife in charge of a ward in a public hospital, (e) a nurse or midwife who is approved for the time being by the Director-General for the purposes of this clause, or who belongs to a class of nurses or a class of midwives so approved, (f) any other nurse or midwife, but for the purpose only of administering doses of such drugs to individual patients in a hospital, (g) a person:
(i) who is employed in the Ambulance Service of NSW as an ambulance officer or as an air ambulance flight nurse, and (ii) who is approved for the time being by the Director-General for the purposes of this clause.
(1) The director of nursing of a private health facility or nursing home is authorised to have possession of the following drugs of addiction in the following quantities:
(a) no more than 5 ampoules, each of 1 millilitre or less, of morphine sulfate, at a concentration of 30 milligrams or less of morphine sulfate per millilitre, (b) no more than 5 ampoules, each of 2 millilitres or less, of pethidine hydrochloride, at a concentration of 50 milligrams or less of pethidine hydrochloride per millilitre. (1A) The Director-General may, by order in writing, authorise the possession of a drug of addiction specified in subclause (1), by the director of nursing of a specified private health facility or nursing home, in a quantity that exceeds the limit specified in subclause (1). (1B) The Director-General may, by order published in the Gazette, authorise the possession of a drug of addiction specified in subclause (1), by a director of nursing of a specified class of private health facilities or nursing homes, in a quantity that exceeds the limit specified in subclause (1).
(1) The master of a ship is authorised to have possession of drugs of addiction that are required by law to be carried on the ship. (2) A pharmacist may supply drugs of addiction to the master of a ship if the pharmacist is authorised to do so by an authority under Part 8.
(1) A retail pharmacist who is engaged in the supply of restricted substances or drugs of addiction:
(a) to a private health facility or nursing home, or (b) to a patient in a private health facility or nursing home, is authorised to destroy any unwanted drug of addiction on the premises of that private health facility or nursing home.
(1) Any person may apply to the Director-General for a licence to supply by wholesale any poisons or restricted substances.
(1) Any person may apply to the Director-General for a licence to manufacture drugs of addiction at, or to supply drugs of addiction from, any premises.
(1) After considering an application under this Division, the Director-General may issue the licence for which the application is made or may refuse the application. (2) In particular, the Director-General may refuse an application if of the opinion that the applicant is not a fit and proper person to hold the licence for which the application is made.
(Clauses 7, 26, 69 and 146) Note— Although this Appendix refers to labels “on” a container, the information required by this Appendix may be shown by tags, brands, marks or statements in writing on the container itself (rather than on something affixed or attached to the container). See the definition of Label in section 4 (1) of the Act.
(Clause 129) Note— Clause 129 provides that each person who is authorised by this Appendix to possess and use a substance is also authorised to be supplied with the substance, whether by wholesale or otherwise, by the holder of a wholesaler’s licence or wholesaler’s authority.