Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Subject to the Act
and these regulations a drug of addiction shall be dispensed or supplied only
in accordance with a prescription complying with the requirements of the
regulations.
(2) A medical
practitioner, pharmacist, or veterinary surgeon or an assistant under the
direct personal supervision of a medical practitioner, pharmacist, or
veterinary surgeon shall be the only person who shall dispense a drug of
addiction.
(3) The following
conditions shall be observed by a person who dispenses a drug of addiction
under a prescription —
(a) the
dispenser shall satisfy himself or herself —
(i)
that the prescription is in accordance with the
requirements of the Act; and
(ii)
that the person who issued the prescription is a medical
practitioner, a dentist or a veterinary surgeon; and
(iii)
in accordance with subregulation (3a), that the
prescription was issued by the prescriber whose name appears on the
prescription;
and
(b) the
drug of addiction shall not be dispensed under the prescription more than the
maximum number of times indicated by the prescription, or at intervals less
than those indicated by the prescription; and
(ba) on
each occasion on which the drug of addiction is dispensed under the
prescription the dispenser shall —
(i)
in the case of a prescription that is not issued
electronically — sign the prescription clearly in ink using his or
her usual signature and clearly indicate the date on which the drug is
dispensed; and
(ii)
in the case of a prescription that is issued
electronically — indicate that the drug of addiction was dispensed
and the date on which it was dispensed using the means provided by the
approved electronic prescribing system;
and
(bb) on
the first occasion on which the drug of addiction is dispensed under the
prescription, the dispenser shall —
(i)
in the case of a prescription that is not issued
electronically — stamp or otherwise mark the prescription clearly
in ink with the name and address of the dispensary; and
(ii)
in the case of a prescription that is issued
electronically — provide, in relation to the prescription, the name
and address of the dispensary using the means provided by the approved
electronic prescribing system;
and
(c)
where the drug of addiction is prescribed by a veterinary surgeon, the
dispenser shall not dispense the drug of addiction on more than one occasion
under that prescription; and
(d)
where the dispenser dispenses less than the prescribed amount of the drug of
addiction on a particular occasion and dispenses or intends to dispense the
remainder on another occasion or occasions, the dispenser shall on each
occasion on which part of the prescribed amount is dispensed —
(i)
in the case of a prescription that is not issued
electronically — note on the prescription clearly in ink the amount
dispensed and the date on which it was dispensed; and
(ii)
in the case of a prescription that is issued
electronically — indicate, in relation to the prescription, the
amount dispensed and the date on which it was dispensed using the means
provided by the approved electronic prescribing system;
and
(e)
after dispensing the drug of addiction as directed by the prescription the
dispenser shall —
(i)
indicate, in relation to the prescription, the number of
occasions remaining (if any) on which the drug of addiction is to be dispensed
under the prescription; and
(ii)
in the case of a prescription that is not issued
electronically — retain, subject to subregulation (7), the
prescription in safe custody at the dispensary;
and
(f) in
the case of a prescription that is not issued electronically — the
dispenser shall write in ink, or stamp, the word “cancelled”
across the prescription in legible letters if —
(i)
the prescription does not clearly indicate the maximum
number of occasions on which the drug of addiction is to be dispensed under
the prescription; or
(ii)
the prescription does not clearly indicate the intervals
at which the drug of addiction is to be dispensed under the prescription; or
(iii)
the drug of addiction has already been dispensed on the
maximum number of occasions on which it can lawfully be dispensed under the
prescription;
and
(fa) in
the case of a prescription that is issued electronically — the
dispenser shall indicate that the prescription is cancelled using the means
provided by the approved electronic prescribing system if one or more of the
conditions in paragraph (f) are met; and
(g) the
dispenser shall enter, or cause to be entered, in the register maintained
under regulation 44, a proper record of the transaction which record
shall be made in such a way as to be easily understood; and
(h)
before the drug of addiction is handed to the purchaser, the following
particulars shall be recorded in accordance with
regulation 52B —
(i)
the prescription number;
(ii)
the name, address and date of birth of the patient or, in
the case of a prescription for veterinary use, the name and address of the
person having the care of the animal for which the drug of addiction is
prescribed;
(iii)
a description of the drug of addiction;
(iv)
the quantity of the drug of addiction dispensed;
(v)
directions for the use of the drug of addiction;
(vi)
the date of the prescription;
(vii)
the name and address of the prescriber;
(viii)
in the case of a prescription that is not issued
electronically — a note of the basis on which the dispenser is
satisfied for the purposes of subregulation (3)(a)(iii) that the
signature on the prescription is the signature of the prescriber whose name
appears on the prescription;
and
[(j) deleted]
(k) the
label on the bottle or package containing the drug of addiction shall be
marked with the prescription number referred to in paragraph (h); and
[(l) deleted]
(m)
subject to regulation 64, the drug of addiction so dispensed shall
conform in quantity, description, composition, strength, form and every other
material particular to the directions of the prescriber,
and in respect of a
prescription prescribing a poison included in Schedule 8 issued under the
National Health Act 1953 or the Repatriation Act 1920 4 of the
Commonwealth a copy of such a prescription is deemed to be a prescription for
the purposes of this regulation.
(3a) For the purposes
of subregulation (3)(a)(iii), if the prescription is not issued
electronically, the dispenser shall orally ask the prescriber whose name
appears on the prescription to verify that the prescriber issued the
prescription, unless the dispenser is satisfied that the signature on the
prescription is the signature of the prescriber on the basis that the
dispenser is familiar with the signature of the prescriber and recognises the
signature on the prescription as the prescriber’s signature.
(4) A person shall not
dispense a drug of addiction under a prescription —
(a) that
is more than 6 months old; or
(b)
that —
(i)
in the case of a prescription that is not issued
electronically — is marked “cancelled”; or
(ii)
in the case of a prescription that is issued
electronically — is cancelled using the means provided by the
approved electronic prescribing system.
(5) A person shall not
dispense a drug of addiction under a prescription which is illegible or
defaced or which appears to have been altered or to be for the purpose of
enabling some unauthorised person to obtain a drug of addiction, or which does
not appear to be genuine.
(6) If a pharmacist is
presented with or accesses a prescription which he or she suspects of being
false in any particular he or she shall —
(a) in
the case of a prescription that is not issued electronically —
retain possession of the prescription for such reasonable period of time as
will enable him or her to satisfy the requirements of paragraph (b); and
(b) in
any case — make enquiries concerning the genuineness of the
prescription, the identity of the person who issued it and the bona fides of
the person wishing to have the drug dispensed under it.
(6a) When a pharmacist
to whom a prescription is submitted for dispensing a drug of addiction is
satisfied that the prescription is not in accordance with the requirements of
the Act or regulations, he or she shall —
(a) in
the case of a prescription that is not issued electronically —
(i)
mark on the prescription “cancelled”, the
address of the dispensary and, in his or her own handwriting, the date and his
or her usual signature; and
(ii)
forward the prescription to the CEO; and
(iii)
inform the CEO of the relevant circumstances and the
reasons for his or her refusal to dispense the drug of addiction under the
prescription;
and
(b) in
the case of a prescription that is issued electronically —
(i)
cancel the prescription using the means provided by the
approved electronic prescribing system; and
(ii)
inform the CEO that the prescription has been cancelled,
and of the reasons for his or her refusal to dispense the drug of addiction
under the prescription.
(7) The dispenser of a
drug of addiction may transfer a prescription that is not issued
electronically into the safe custody of another person if the transfer is
approved by the CEO under subregulation (7a).
(7a) The CEO may, on
the oral application of the dispenser, give approval for the dispenser to
transfer the prescription to another person by whom the drug can be dispensed
in accordance with these regulations.
(8) A pharmacist shall
deliver up any document, prescription, authorisation or record relating to the
sale or supply of a poison included in Schedule 8 upon request made by an
authorised officer (other than an environmental health officer).
[Regulation 52 amended in Gazette
29 Aug 1980 p. 3031; 23 Sep 1983
p. 3805‑6; 29 Jun 1984 p. 1784;
31 Jan 1986 p. 332‑3; 7 Aug 1987 p. 3038;
25 Jun 1993 p. 3085; 26 May 1994 p. 2201;
17 Mar 1995 p. 1026; 19 Mar 1996 p. 1231;
29 Feb 2000 p. 995; 15 Nov 2005 p. 5604‑8;
15 Dec 2006 p. 5630; 7 Nov 2008
p. 4813‑17; 1 Oct 2010 p. 5079‑80.]