Drugs, Poisons and Controlled Substances Amendment (Image-Based Prescribing) Regulations 2023 (Vic)

Drugs, Poisons and Controlled Substances Amendment (Image-Based Prescribing) Regulations 2023

S.R. No. 20/2023

table of provisions

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Emergency directions to pharmacists regarding supply

6New regulation 25A inserted

7Sale or supply of Schedule 4 poison by pharmacist

8Sale or supply of Schedule 8 poison by pharmacist

9Sale or supply of Schedule 9 poison by pharmacist

10Restrictions on pharmacist selling or supplying Schedule 4 poison on prescription

11Restrictions on pharmacist selling or supplying Schedule 8 poison on prescription

12Restrictions on pharmacist selling or supplying Schedule 9 poison on prescription

13Person must not self-administer Schedule 4, 8 or 9 poison except as specified

14Dealing with substance—registered medical practitioner

15Effect of direction given to nurse practitioner

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Endnotes

statutory rules 2023

S.R. No. 20/2023

Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment (Image-Based Prescribing) Regulations 2023

The Governor in Council makes the following Regulations:

Dated: 28 March 2023

Responsible Minister:

MARY-ANNE THOMAS
Minister for Health

Samual Wallace

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Drugs, Poisons and Controlled Substances Regulations 2017—

(a)to allow specified prescribers to transmit a digital image of an original prescription to a pharmacist or pharmacy in an emergency; and

(b)to require a prescriber who issues a verbal instruction to a pharmacist to supply a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison in an emergency to send written instructions to the pharmacist within 72 hours of issuing the verbal instruction; and

(c)to insert various penalty provisions; and

(d)to make other minor, technical and consequential amendments.

2Authorising provisions

These Regulations are made under sections 129 and 132 of the Drugs, Poisons and Controlled Substances Act 1981.

3Commencement

These Regulations come into operation on 31 March 2023.

4Principal Regulations

In these Regulations, the Drugs, Poisons and Controlled Substances Regulations 2017[1] are called the Principal Regulations.

5Emergency directions to pharmacists regarding supply

(1)In the heading to regulation 25 of the Principal Regulations, for "directions" substitute "verbal instructions".

(2)In regulation 25(4) of the Principal Regulations, for "must as soon as practicable" substitute "must within 72 hours of issuing the verbal instruction".

(3)In regulation 25(4)(b) of the Principal Regulations, for "send that instruction to the pharmacist" substitute "ensure that the instruction is sent to the pharmacist".

6New regulation 25A inserted

After regulation 25 of the Principal Regulations insert—

"25A   Emergency transmission of digital image to pharmacists regarding supply

(1)A registered medical practitioner, veterinary practitioner or dentist may transmit a digital image of an original prescription to a pharmacist to supply a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison if, in the opinion of the registered medical practitioner, veterinary practitioner or dentist, an emergency exists.

(2)A nurse practitioner or an authorised midwife may transmit a digital image of an original prescription to a pharmacist to supply a Schedule 4 poison or a Schedule 8 poison if, in the opinion of the nurse practitioner or authorised midwife, an emergency exists.

(3)An authorised optometrist or an authorised podiatrist may transmit a digital image of an original prescription to a pharmacist to supply a Schedule 4 poison if, in the opinion of the authorised optometrist or the authorised podiatrist, an emergency exists.

(4)A registered medical practitioner, a veterinary practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist who transmits a digital image of an original prescription pursuant to subregulation (1), (2) or (3) must—

(a)ensure that the original prescription complies with regulation 24; and

(b)ensure that the digital image of the original prescription is transmitted directly to the pharmacist or pharmacy of the patient's choice by electronic means; and

(c)not send the digital image of the original prescription to more than one pharmacy or to a person other than a pharmacist; and

(d)ensure that the original prescription is sent to the pharmacist or pharmacy within 72 hours of transmitting the digital image of the prescription.

Penalty:50 penalty units.".

7Sale or supply of Schedule 4 poison by pharmacist

In regulation 47(1)(b) of the Principal Regulations, after "regulation 25(1), (2) or (3)" insert "or a digital image of an original prescription transmitted under regulation 25A(1), (2) or (3).".

8Sale or supply of Schedule 8 poison by pharmacist

In regulation 48(1)(b) of the Principal Regulations, after "regulation 25(1) or (2)" insert "or a digital image of an original prescription transmitted under regulation 25A(1) or (2).".

9Sale or supply of Schedule 9 poison by pharmacist

In regulation 49(1)(c) of the Principal Regulations, after "original prescription" insert "or a digital image of an original prescription transmitted under regulation 25A(1)".

10Restrictions on pharmacist selling or supplying Schedule 4 poison on prescription

(1)In regulation 50(1)(b) of the Principal Regulations, after "a copy of an original prescription" insert ", including a digital image of an original prescription".

(2)At the foot of regulation 50(2) of the Principal Regulations insert—

"Penalty:50 penalty units.".

(3)At the foot of regulation 50(3) of the Principal Regulations insert—

"Penalty:100 penalty units.".

(4)At the foot of regulation 50(4) of the Principal Regulations insert—

"Penalty:100 penalty units.".

11Restrictions on pharmacist selling or supplying Schedule 8 poison on prescription

(1)In regulation 51(1)(b) of the Principal Regulations, after "a copy of an original prescription" insert ", including a digital image of an original prescription".

(2)At the foot of regulation 51(2) of the Principal Regulations insert—

"Penalty:100 penalty units.".

(3)At the foot of regulation 51(3) of the Principal Regulations insert—

"Penalty:50 penalty units.".

(4)At the foot of regulation 51(4) of the Principal Regulations insert—

"Penalty:100 penalty units.".

(5)At the foot of regulation 51(5) of the Principal Regulations insert—

"Penalty:100 penalty units.".

12Restrictions on pharmacist selling or supplying Schedule 9 poison on prescription

(1)For regulation 52(1) of the Principal Regulations substitute—

"(1)This regulation applies in relation to a pharmacist selling or supplying a Schedule 9 poison on a prescription that is—

(a)an original prescription; or

(b)a copy of an original prescription, including a digital image of an original prescription.".

(2)At the foot of regulation 52(2) of the Principal Regulations insert—

"Penalty:100 penalty units.".

(3)At the foot of regulation 52(3) of the Principal Regulations insert—

"Penalty:50 penalty units.".

(4)At the foot of regulation 52(4) of the Principal Regulations insert—

"Penalty:100 penalty units.".

(5)At the foot of regulation 52(5) of the Principal Regulations insert—

"Penalty:100 penalty units.".

13Person must not self-administer Schedule 4, 8 or 9 poison except as specified

(1)In regulation 105(1) of the Principal Regulations, for "administer" substitute "self-administer".

(2)After regulation 105(3) of the Principal Regulations insert—

"(4)A person must not self-administer a Schedule 4 poison, a Schedule 8 poison or a Schedule 9 poison that was obtained by means of a false pretence.

Penalty:100 penalty units.".

14Dealing with substance—registered medical practitioner

In regulation 120(2)(b) of the Principal Regulations—

(a)after "verbal instruction" insert "or a digital image of an original prescription";

(b)after "regulation 25" insert "or 25A.".

15Effect of direction given to nurse practitioner

After regulation 124(c) of the Principal Regulations insert—

"(ca)transmit a digital image of an original prescription to a pharmacist to supply the substance to the patient in accordance with regulation 25A;".

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ENDNOTES

[1] Reg. 4: S.R. No. 29/2017 as amended by S.R. Nos 31/2018, 45/2018, 72/2018, 178/2018, 15/2020, 73/2020, 13/2021, 174/2021, 13/2022, 16/2022, 96/2022, 112/2022 and 113/2022.

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Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.