Australian Capital Territory Numbered Acts

MEDICINES, POISONS AND THERAPEUTIC GOODS ACT 2008 (NO. 26 OF 2008) - SECT 58

    (1)     A pharmacist (the responsible pharmacist ) who is responsible for the management of a community pharmacy commits an offence if—

        (a)     the pharmacist proposes to stop being responsible for the pharmacy for a continuous period of longer than 14 days; and

        (b)     before the pharmacist stops being responsible for the pharmacy, the pharmacist fails to—

              (i)     take a written inventory of each quantity of each form and strength of a controlled medicine held in the pharmacy; and

              (ii)     enter each of the quantities in the controlled medicines register for the pharmacy; and

              (iii)     sign and date each entry in the register.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

Note     Community pharmacy and signs —see the dictionary.

    (2)     A pharmacist commits an offence if—

        (a)     the pharmacist intends to take responsibility for a community pharmacy for a continuous period of more than 14 days; and

        (b)     before taking responsibility for the pharmacy, the pharmacist fails to—

              (i)     check the entries made in the controlled medicines register for the pharmacy under subsection (1) (b) (ii); and

              (ii)     for each of the entries in the register, indicate in writing whether the pharmacist agrees that the entry is a correct record of the quantity of the form and strength of the controlled medicine held in the pharmacy; and

              (iii)     sign and date each of the entries in the register.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (3)     The responsible pharmacist for a community pharmacy commits an offence if—

        (a)     the pharmacist takes an inventory of controlled medicines held in the pharmacy; and

        (b)     the quantity of a form and strength of a controlled medicine held at the pharmacy is not the quantity shown for the form and strength of the medicine in the controlled medicines register for the pharmacy; and

        (c)     the pharmacist fails to take reasonable steps to resolve the discrepancy between—

              (i)     the quantity of the form and strength of the controlled medicine held at the pharmacy; and

              (ii)     the quantity shown in the register.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (4)     The responsible pharmacist for a community pharmacy commits an offence if—

        (a)     the pharmacist takes an inventory of controlled medicines held in the pharmacy; and

        (b)     the quantity of a form and strength of a controlled medicine held at the pharmacy is not the quantity shown for the form and strength of the medicine in the controlled medicines register for the pharmacy; and

        (c)     the pharmacist does not tell the chief health officer about the discrepancy—

              (i)     orally immediately after checking the entries in the controlled medicines register; and

              (ii)     in writing not later than 24 hours after finishing the check.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (5)     In this section:

"controlled medicines register", for a community pharmacy, means a register for controlled medicines that a pharmacist must keep for the pharmacy under section 48 (Meaning of must keep register—div 4.2.2).