Check a New South Wales supply against the pharmacist rule and the paper-prescription rule
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the prescription and the supply record, record whether the person who dispensed was a pharmacist or under a pharmacist's personal supervision, and whether a paper prescription met the 2026 regulation. Do not decide negligence, and do not cite a 2008 regulation.
- What the lawyer must review
- Decide whether section 36AA and the 2026 regulation apply.
- Do not apply the Poisons List definition or section 50. They were not opened.
- Do not use a 2008 poisons regulation.
- Keep health information in a firm-controlled tool, not a public one.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales. Who may dispense a Poisons List substance, and a paper prescription under the 2026 regulation.
Produce. A note of who dispensed, and of any paper-prescription limit the record engages.
Have ready. The role of the person who dispensed; The prescription, including whether it is paper, electronic, faxed or emailed; The schedule if the record states it.
Example of the limit. Illustrative example: The medicine was dispensed from a paper prescription that was faxed, and the original script is not in the file. The tool marks regulation 51(5) and stops. The lawyer decides whether the original was later received. The tool does not decide negligence.
Stop and hand it back when
- A 2008 regulation is cited.
- The tool states the contents of the Poisons List or of section 50.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- A person other than a pharmacist, or a person acting under the personal supervision of a pharmacist, must not dispense or compound a substance specified in the Poisons List on the prescription of a medical practitioner, nurse practitioner, midwife practitioner, optometrist, podiatrist, dentist or veterinary practitioner. The maximum penalty stated is 50 penalty units.
- The Poisons List definition was not opened. Do not describe which substances it contains.
- Subsection (2) does not stop one of those practitioners supplying the substance in the ordinary course of the profession, or a person supplying it under an authority issued under the Act or the regulations.
- Regulation 51 of the 2026 regulation is an additional rule for a paper prescription for a Schedule 4 or 8 substance that is not electronically generated. Information required under section 50 must be legibly handwritten or specified in another approved way, and the prescription must be signed by hand. Section 50 was not opened, so its list of information is not stated.
- A prescription that authorises a Schedule 8 substance must not authorise another scheduled substance. A pharmacist must not dispense a paper prescription that is emailed or faxed unless the pharmacist also receives the original script.
Sources
- Poisons and Therapeutic Goods Act 1966 (NSW) s 36AA · 2026-10-23
- Medicines, Poisons and Therapeutic Goods Regulation 2026 (NSW) reg 51 · 2026-10-23
This is not a rule that the drug name on the label matched the prescription. No such section was opened.
The 2008 poisons regulation is not cited.
Health information stays in a firm-controlled tool. Rule 9.1 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, as described by the Victorian Legal Services Board and Commissioner, and APP 11, apply. The lawyer decides whether any loss is notifiable under the Privacy Act 1988 (Cth).