This article applies to pharmacists in Victoria.
Drugs, Poisons and Controlled Substances Amendment (Authorising Pharmacists) Regulations 2023 (Vic)
On 3 October 2023, the Drugs, Poisons and Controlled Substances Amendment (Authorising Pharmacists) Regulations 2023 (Vic) (the Amending Regulations) were made, amending the Drugs, Poisons and Controlled Substances Regulations 2017 (Vic) (the Regulations).
Under the amendments, pharmacists are authorised to sell, supply or administer certain Schedule 4 poisons without a prescription or other instruction or authorisation, in accordance with an approval from the Secretary.
Sale, supply or administration
In accordance with the new regulation 57A, a pharmacist may sell or supply a Schedule 4 poison to a person without a prescription or other instruction or authorisation if:
- that sale or supply is for treatment of a person under the pharmacist’s care and to whom the poison is sold or supplied; and
- the pharmacist has taken all reasonable steps to ensure a therapeutic need exists for the poison; and
- the Secretary has approved the poison under regulation 163A(1) and the sale or supply complies with the conditions specified in the approval (if any).
Similarly, in accordance with new regulation 99B, a pharmacist may administer a Schedule 4 poison without a prescription or other instruction or authorisation from a registered medical practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist if:
- the poison is administered for the treatment of a person other than the pharmacist; and
- the poison is for the treatment of a person under the pharmacist’s care; and
- the pharmacist has taken all reasonable steps to ensure a therapeutic need exists for the poison; and
- the Secretary has approved the poison under regulation 163A(1); and
- the administration complies with the conditions specified in the approval (if any).
Additionally, under new regulation 99A, a pharmacist may administer a Schedule 4 poison without an instruction from a registered medical practitioner, a dentist, a nurse practitioner or an authorised midwife if:
- the pharmacist has taken all reasonable steps to ensure a therapeutic need exists for the poison;
- the Secretary has approved the poison under regulation 163(1); and
- the administration complies with the conditions specified in the approval (if any).
Please see here for the approval published 5 October 2023 relating to the sale, supply and administration of certain Schedule 4 poisons, such as oral contraceptive pills, by pharmacists participating in the Community Pharmacy Statewide Pilot.
Conclusion
Health service providers and pharmacists should ensure that they are aware of the new authorisation to sell, supply or administer certain Schedule 4 poisons in accordance with an approval from the Secretary specified above.