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New Emergency Prescribing Laws in Victoria

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This article applies to pharmacists and other healthcare professionals in Victoria.

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

Background

On 31 March 2023, the Drugs, Poisons and Controlled Substances Amendment (Image-Based Prescribing) Regulations 2023 (Vic) (the Amending Regulation) amended the Drugs, Poisons and Controlled Substances Regulations 2017 (Vic) (the Regulation) to allow specified healthcare professionals to transmit digital images of original prescriptions to pharmacists in emergencies.

Emergency transmission of digital images to pharmacists

The Amending Regulation inserted regulation 25A into the Regulation to allow healthcare professionals to transmit digital images of an original prescription to a pharmacist for the supply of Schedule 4, 8 and 9 poisons in emergencies. When transmitting a digital image of an original prescription, the healthcare professional must:

  • ensure that the original prescription complies with regulation 24;
  • ensure that the digital image of the original prescription is transmitted directly to the patient’s choice of pharmacist or pharmacy electronically;
  • only send the digital image of the original prescription to a pharmacist and only to one pharmacy;
  • ensure that the original prescription is sent to the pharmacist or pharmacy within 72 hours after transmitting the digital image.

The list of healthcare professionals able to transmit a digital image of an original prescription of a Schedule 4, 8 or 9 poison is as follows:

  • a registered medical practitioner – a Schedule 4, 8 or 9 poison;
  • a veterinary practitioner – a Schedule 4, 8 or 9 poison;
  • a dentist – a Schedule 4, 8 or 9 poison;
  • a nurse practitioner – a Schedule 4 or 8 poison;
  • an authorised midwife – a Schedule 4 or 8 poison;
  • an authorised optometrist – a Schedule 4 poison;
  • an authorised podiatrist – a Schedule 4 poison.

Emergency verbal instruction to a pharmacist (amended regulation 25)

Healthcare professionals who issue verbal instructions to pharmacists to supply a Schedule 4, 8 or 9 poison in an emergency must now send written instructions to the pharmacist within 72 hours after issuing the verbal instructions.

Conclusion

Organisations should ensure that their clinical policies and procedures are updated to reflect the new requirements set out above.

How Health Legal can help:

For further information please contact the Health Legal and Law Compliance team via our contact page here.