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Medicines, Poisons and Therapeutic Goods Act 2022 (NSW)

An Act to regulate activities involving scheduled substances and certain therapeutic goods to protect public health and safety; to repeal the Poisons and Therapeutic Goods Act 1966 and certain instruments under that Act; and to make consequential amendments to other legislation.

Medicines, Poisons and Therapeutic Goods Act 2022 (NSW) Image
Medicines, Poisons and Therapeutic Goods Act 2022 No 73 An Act to regulate activities involving scheduled substances and certain therapeutic goods to protect public health and safety; to repeal the Poisons and Therapeutic Goods Act 1966 and certain instruments under that Act; and to make consequential amendments to other legislation. Chapter 1 Preliminary 1 Name of Act This Act is the Medicines, Poisons and Therapeutic Goods Act 2022. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Objects of Act (1) The objects of this Act are as follows— (a) to regulate activities involving scheduled substances and other prescribed therapeutic goods to protect public health and safety, (b) to use the Commonwealth Poisons Standard as the basis for classifying and regulating certain substances, (c) to complement the Commonwealth laws that regulate therapeutic goods, including by providing for certain Commonwealth laws to apply as a law of New South Wales in relation to the activities of persons who are not corporations, (d) to authorise certain activities involving scheduled substances and other prescribed therapeutic goods, including when the activities are prohibited under another law, (e) to provide for effective administration and enforcement mechanisms in relation to scheduled substances and other prescribed therapeutic goods. (2) In the exercise of functions under this Act, the protection of public health and safety must be the paramount consideration. 4 Definitions (1) The Dictionary in Schedule 3 defines words used in this Act. Note— The Interpretation Act 1987 contains definitions and other provisions affecting the interpretation and application of this Act. (2) A reference in this Act to a substance using "Schedule" with a number is a reference to the substance specified in the Schedule with that number in the NSW Poisons Schedules. Example— A Schedule 7 substance means a substance specified in Schedule 7 of the NSW Poisons Schedules. 5 Meaning of "supply" and "wholesale supply" (1) In this Act, to supply scheduled substances and other prescribed therapeutic goods includes the following— (a) to sell, dispense and distribute, (b) to supply, whether for free or otherwise, as a sample or advertisement, (c) to supply, whether for free or otherwise, for testing for safety or efficacy on humans or animals, (d) to agree or offer to sell or distribute, (e) to keep or possess for sale, dispensing or distribution, (f) to send, forward, deliver or receive for sale, dispensing or distribution, (g) to authorise, direct, cause or allow one or more of the above to be done. (2) In this Act, to supply scheduled substances and other prescribed therapeutic goods does not include the following— (a) to administer scheduled substances or other prescribed therapeutic goods, (b) to supply scheduled substances or other prescribed therapeutic goods to a worker by a person for whom the worker works if— (i) the person is authorised to obtain the substance or goods, and (ii) the worker is authorised to supply, administer or use the substance or goods in connection with the worker's work, (c) to supply scheduled substances or other prescribed therapeutic goods by an authorised practitioner to another authorised practitioner in the same practice for the purposes of supply or administration to patients of the practice, (d) to supply in other prescribed circumstances, whether generally or in relation to prescribed scheduled substances or other prescribed therapeutic goods. (3) In this Act, to wholesale supply scheduled substances and other prescribed therapeutic goods means to supply the substance or goods for the purposes of resupply. (4) In this Act, to wholesale supply scheduled substances and other prescribed therapeutic goods does not include the following— (a) to wholesale supply scheduled substances or other prescribed therapeutic goods to a worker by a person for whom the worker works if— (i) the person is authorised to obtain the substance or goods, and (ii) the worker is authorised to supply, administer or use the substance or goods in connection with the worker's work, (b) to wholesale supply scheduled substances or other prescribed therapeutic goods by an authorised practitioner to another authorised practitioner in the same practice for the purposes of supply or administration to patients of the practice, (c) to wholesale supply scheduled substances or other prescribed therapeutic goods by an authorised practitioner or pharmacist to an agent or carer of a patient or animal for the purposes of supply or administration to the patient or animal, (d) to wholesale supply in other prescribed circumstances, generally or in relation to prescribed scheduled substances or other prescribed therapeutic goods. (5) In this section— worker means a person who does work for another person, whether as an employee, contractor or volunteer. 6 Meaning of "NSW Poisons Schedules" (1) The Schedules to the Commonwealth Poisons Standard, as modified by the regulations— (a) apply for the purposes of this Act, and (b) are referred to in this Act as the NSW Poisons Schedules. (2) For the purposes of determining the Schedule to which a substance belongs, or the meaning of a reference to a scheduled substance in this Act, the following provisions of the Commonwealth Poisons Standard apply, as modified by the regulations— (a) the definitions, (b) other interpretation provisions, (c) the Appendices. (3) The regulations may modify the application of provisions of the Commonwealth Poisons Standard for the purposes of this Act, including by doing the following— (a) adding a substance to or omitting a substance from— (i) a Schedule, or (ii) an Appendix, or (iii) a class or subclass of substances, (b) excluding the following from the NSW Poisons Schedule— (i) a Schedule or part of a Schedule, (ii) an Appendix or part of an Appendix, (iii) a class or subclass of substances or part of a class or subclass of substances, (c) relocating a substance from a Schedule or Appendix to another Schedule or Appendix, (d) relocating a substance from a class or subclass of substances to another class or subclass, whether for the purposes of the same Schedule or Appendix or another Schedule or Appendix, (e) renaming a Schedule, Appendix or class or subclass of substances, (f) adding a Schedule, Appendix or class or subclass of substances, (g) creating a category of substances for a Schedule or Appendix, (h) modifying the interpretative provisions specified in subsection (2). (4) To avoid doubt, the modifications that may be made by the regulations are not limited by the way in which the Commonwealth Poisons Standard does, or does not, classify or otherwise organise substances or classes or subclasses of substances. (5) Without limiting subsections (3) and (4) or the Interpretation Act 1987, section 42, a modification may be limited in its application to— (a) specified provisions of this Act or the regulations, or (b) specified purposes or circumstances. 7 Effect of classification of substances (1) This Act does not prevent a substance from being classified or subclassified as a scheduled substance and as a therapeutic good at the same time. (2) If a substance is classified or subclassified as a scheduled substance or in a subclass of a scheduled substance, by reference to persons prevented, authorised or permitted to do activities involving the substance, the substance's classification or subclassification continues to apply for this Act in relation to activities carried out by other persons. Chapter 2 Regulation of supply, prescriptions and other activities Part 2.1 Introduction 8 Application of Chapter (1) This Chapter makes it an offence to carry out the following activities unless authorised under this Act— (a) wholesale supply of scheduled substances and other prescribed therapeutic goods—see Part 2.2, (b) obtaining wholesale supply of scheduled substances and other prescribed therapeutic goods—see Part 2.3, (c) non-wholesale supply of scheduled substances and other prescribed therapeutic goods—see Part 2.4, (d) the issue of prescriptions for scheduled substances and other prescribed therapeutic goods—see Part 2.5. (2) This Chapter does not limit the circumstances in which an activity that is prohibited under this Chapter may be authorised under another provision of this Act. Note— Activities may also be authorised under the regulations or Chapter 3. 9 Authorisation of activities under other laws (1) An activity referred to in Parts 2.2–2.6 is authorised for the purposes of this Act if the activity is carried out in accordance with a right, entitlement or authority conferred by a relevant law. Example— The Pesticides Act 1999 authorises the possession and use of certain Schedule 7 substances. (2) The regulations may prescribe limitations or restrictions on the carrying out of activities authorised under subsection (1). (3) To avoid doubt, it is not an offence under this Chapter to carry out an activity authorised under subsection (1). 10 Authorisation of activities by regulations (1) The regulations may provide for the following in relation to activities— (a) the persons or classes of persons who are authorised to carry out activities for the purposes of this Act, (b) the circumstances in which activities are authorised for the purposes of this Act, (c) the conditions, limitations, restrictions or other requirements for the carrying out of activities authorised for the purposes of this Act, (d) exemptions from prescribed conditions, limitations, restrictions or other requirements. (2) The regulations may provide for the Health Secretary to do the following, for the purposes of this Act, in relation to activities— (a) authorise persons or classes of persons to carry out the activities, (b) determine the circumstances in which activities are authorised, (c) determine the conditions, limitations, restrictions or other requirements for the carrying out of authorised activities, (d) exempt persons or classes of persons from prescribed conditions, limitations, restrictions or other requirements. (3) Without limiting subsection (1) or (2), the regulations may provide for— (a) the Health Secretary to issue licences to authorise the retail sale of prescribed Schedule 2 and 7 substances, and (b) other matters relating to the licences, including applications for licences, determination of applications, licence conditions and licence fees. (4) The regulations must not provide for the Health Secretary to authorise a person to issue prescriptions for scheduled substances and other therapeutic goods. (5) Regulations may be made under this section in relation to an activity despite other provisions of this Act that regulate the activity. 11 Regulations about application of Parts 2.2–2.6 (1) The regulations may— (a) exclude scheduled substances or other therapeutic goods from the operation of Parts 2.2–2.6, and (b) apply Parts 2.2–2.6 to other scheduled substances or therapeutic goods. (2) The regulations may exclude all or some substances in a NSW Poisons Schedule from the operation of Parts 2.2–2.6. (3) A reference in a provision in Parts 2.2–2.6 to scheduled substances or other prescribed therapeutic goods is a reference to the scheduled substances and other prescribed therapeutic goods to which the provision applies. (4) The regulations may prescribe a penalty, not exceeding a Tier 1 penalty, for the purposes of— (a) paragraph (e) of the penalty provision in sections 14 and 28, and (b) paragraph (d) of the penalty provision in section 36. 12 Regulations may prohibit or restrict authorised activities (1) Despite any other provision of this Act, the regulations may— (a) prohibit a person, or a class of persons, from carrying out an activity, or (b) impose conditions, limitations, restrictions or other requirements on a person, or a class of persons, carrying out an activity. (2) This section applies in relation to the carrying out of an activity by a person, or a class of persons, even if the person, or class of persons, is otherwise authorised to carry out the activity under this Act. Part 2.2 Wholesale supply 13 Application of Part (1) This Part applies to Schedule 2, 3, 4, 7, 8, 9 and 10 substances, subject to the regulations. (2) This Part also applies to other prescribed therapeutic goods. Note— Regulations under section 11 may— (a) exclude scheduled substances or other therapeutic goods from the operation of this Part, and (b) apply this Part to other scheduled substances or therapeutic goods. 14 Offence—unauthorised wholesale supply A person must not wholesale supply, or cause or permit wholesale supply of, scheduled substances or other prescribed therapeutic goods unless— (a) the wholesale supply is authorised under this Act, and (b) the person receiving the substance or goods is authorised to obtain the substance or goods under Part 2.3. Maximum penalty— (a) for a Schedule 10 substance—Tier 1 penalty, or (b) for a Schedule 7 substance—Tier 2 penalty, or (c) for a Schedule 2 or 3 substance—Tier 3 penalty, or (d) for a Schedule 4 substance other than a Schedule 4D substance—Tier 3 penalty, or (e) otherwise—the prescribed penalty. Note— The Drug Misuse and Trafficking Act 1985 also prohibits the supply of prohibited drugs and prohibited scheduled substances. There is an exception for supply authorised under this Act. 15 Wholesale supply by licensed wholesalers (1) Wholesale supply of scheduled substances and other prescribed therapeutic goods is authorised if the substance or goods are wholesale supplied by the holder of a wholesaler licence that authorises the holder to wholesale supply the substance or goods. (2) This section does not apply to a Schedule 7 substance. 16 Wholesale supply of Schedule 7 substances (1) Wholesale supply of Schedule 7 substances, other than prescribed Schedule 7 substances, is authorised if the wholesale supply is for— (a) non-domestic use, or (b) resupply to a person who is authorised to possess or use the substance under the Pesticides Act 1999. (2) Wholesale supply of prescribed Schedule 7 substances is authorised if the substance is— (a) supplied by the holder of a wholesaler licence that authorises the holder to wholesale supply the substance, or (b) resupplied to a person who is authorised to possess or use the substance under the Pesticides Act 1999. 17 Wholesale supply by public health entities (1) Wholesale supply of Schedule 2, 3, 4 and 8 substances and other prescribed therapeutic goods by a public health entity to another public health entity is authorised. (2) Wholesale supply of Schedule 2, 3, 4 and 8 substances and other prescribed therapeutic goods for the purposes of the State Vaccine Centre by the Health Secretary, or a person operating the State Vaccine Centre on the Health Secretary's behalf, is authorised. 18 Wholesale supply between pharmacists Wholesale supply of Schedule 2, 3, 4 and 8 substances and other prescribed therapeutic goods by a pharmacist from a pharmacy (the supplying pharmacist) to another pharmacist for a pharmacy (the receiving pharmacist) is authorised if— (a) the supplying pharmacist receives a written request in the approved form signed by the receiving pharmacist in the following circumstances— (i) the receiving pharmacist is making the request to satisfy an order of a single customer, (ii) the supplying pharmacist, as far as reasonably practicable, supplies the receiving pharmacist only the minimum amount of the substance or goods necessary to satisfy the order of the customer, or (b) the supplying pharmacist is returning an equivalent amount of the substance or goods to a pharmacist who had previously supplied the same substance or goods in accordance with paragraph (a)(ii). 19 Return of wholesale supply Wholesale supply of scheduled substances and other prescribed therapeutic goods is authorised if— (a) the substance or goods were obtained by wholesale supply that is authorised under this Act, and (b) the substance or goods are being returned to the holder of a wholesaler licence that authorises the holder to wholesale supply the substance or goods. Part 2.3 Obtaining wholesale supply Note— The Drug Misuse and Trafficking Act 1985 also prohibits the possession of prohibited drugs and prohibited scheduled substances. There is an exception for possession authorised under this Act. 20 Application of Part (1) This Part applies to Schedule 2, 3, 4, 7, 8, 9 and 10 substances, subject to the regulations. (2) This Part also applies to other prescribed therapeutic goods. Note— Regulations under section 11 may— (a) exclude scheduled substances or other therapeutic goods from the operation of this Part, and (b) apply this Part to other scheduled substances or therapeutic goods. 21 Obtaining wholesale supply by health practitioners and others (1) Obtaining wholesale supply of Schedule 2, 3, 4 and 8 substances and other prescribed therapeutic goods by the following is authorised— (a) a medical practitioner for medical treatment of a person, (b) a nurse practitioner for treatment of a person, (c) a dentist for dental treatment of a person, (d) a veterinary practitioner for treatment of an animal, (e) a nurse, midwife, podiatrist or optometrist if— (i) the person's registration has an endorsement of a kind specified in the Health Practitioner Regulation National Law, section 94 that the person is qualified to possess, use or supply the substance or goods, and (ii) the substance or goods are obtained for a purpose for which the person is qualified, (f) a pharmacist for a pharmacy, (g) a prescribed health practitioner for treatment of a person, (h) a private health facility, (i) the holder of a licence under the Commonwealth Therapeutic Goods Act, Part 3-3 or the Commonwealth Agvet Codes, Part 8. (2) Subsection (1)(h) does not apply in relation to a Schedule 8 substance if the private health facility's licence under the Private Health Facilities Act 2007 prohibits the supply of a Schedule 8 substance. 22 Obtaining wholesale supply by public health entities Obtaining wholesale supply of Schedule 2, 3, 4 and 8 substances and other prescribed therapeutic goods by the following is authorised— (a) a public hospital controlled by the Crown, (b) a recognised establishment, within the meaning of the Health Services Act 1997, of an affiliated health organisation that is a hospital, (c) a local health district, (d) a prescribed statutory health corporation, (e) the Health Secretary, or a person operating the State Vaccine Centre on the Health Secretary's behalf, for the purposes of the State Vaccine Centre, (f) the Health Administration Corporation, (g) another prescribed entity. 23 Obtaining wholesale supply in residential aged care facilities (1) Obtaining wholesale supply of Schedule 2, 3, 4 and 8 substances and other prescribed therapeutic goods by an authorised person for a residential care facility for use in connection with the treatment of residents in the facility is authorised. (2) In this section— authorised person, for a residential care facility, means— (a) the director of nursing for the facility, or (b) if there is no director of nursing for the facility—a manager of the facility nominated by the approved provider, within the meaning of the Aged Care Act 1997 of the Commonwealth, in relation to the facility, or (c) another prescribed person or a person of a prescribed class. 24 Obtaining wholesale supply in correctional centres and detention centres (1) Obtaining wholesale supply of Schedule 2, 3, 4 and 8 substances and other prescribed therapeutic goods by the following is authorised— (a) an authorised person for a managed correctional centre for use in connection with the treatment of inmates in the centre, (b) an authorised person for a detention centre for use in connection with the treatment of detainees in the centre, (c) an authorised person for an immigration detention centre for use in connection with the treatment of detainees in the centre. Note— Subsection (1) does not limit the authority of an authorised person to obtain wholesale supply of Schedule 2, 3, 4 and 8 substances and other prescribed therapeutic goods under another provision of this Division that authorises the person to obtain the substances or therapeutic goods. (2) In this section— authorised person means— (a) for a managed correctional centre— (i) a pharmacist employed or engaged by the management company for the managed correctional centre to receive wholesale supply of scheduled substances and prescribed therapeutic goods on behalf of the company, or (ii) if there is no pharmacist as specified in subparagraph (i)—an authorised practitioner, or a registered nurse in charge of the medical treatment of inmates at the centre, appointed by the management company to receive the supply, and (b) for a detention centre—a medical officer appointed for the detention centre, and (c) for an immigration detention centre— (i) a pharmacist employed or engaged by the centre to receive wholesale supply of scheduled substances and prescribed therapeutic goods on behalf of the centre, or (ii) if there is no pharmacist as specified in subparagraph (i)—an authorised practitioner, or a registered nurse in charge of the medical treatment of detainees at the centre, appointed by the centre to receive the supply. 25 Obtaining wholesale supply by licence holders Obtaining wholesale supply of Schedule 2, 3, 4, 8, 9 and 10 substances and other prescribed therapeutic goods is authorised if the substance or goods are obtained by— (a) the holder of an obtain licence that authorises the holder to obtain the substance or goods, or (b) the holder of a wholesaler licence that authorises the holder to wholesale supply the substance or goods. 26 Obtaining wholesale supply of Schedule 7 substances (1) Obtaining wholesale supply of Schedule 7 substances, other than prescribed Schedule 7 substances, is authorised if the substance is obtained for— (a) non-domestic use, or (b) resupply to a person who is authorised to possess or use the Schedule 7 substance under the Pesticides Act 1999. (2) Obtaining wholesale supply of prescribed Schedule 7 substances is authorised if the substance is obtained— (a) by the holder of an obtain licence that authorises the holder to obtain the substance, or (b) by the holder of a wholesaler licence that authorises the holder to wholesale supply the substance, or (c) for resupply to a person authorised to possess or use the substance under the Pesticides Act 1999. (3) Obtaining wholesale supply of a Schedule 7 substance is authorised if the person obtaining the substance is authorised to possess or use the substance under the Pesticides Act 1999. Part 2.4 Non-wholesale supply 27 Application of Part (1) This Part applies to Schedule 2, 3, 4, 7, 8, 9 and 10 substances, subject to the regulations. (2) This Part also applies to other prescribed therapeutic goods. (3) This Part does not apply in relation to wholesale supply. Note— Regulations under section 11 may— (a) exclude scheduled substances or other therapeutic goods from the operation of this Part, and (b) apply this Part to other scheduled substances or therapeutic goods. 28 Offence—unauthorised non-wholesale supply (1) A person must not supply, or cause or permit the supply of, scheduled substances or other prescribed therapeutic goods unless the supply is authorised under this Act. Maximum penalty— (a) for a Schedule 10 substance—Tier 2 penalty, or (b) for a Schedule 7 substance—Tier 3 penalty, or (c) for a Schedule 2 or 3 substance—Tier 4 penalty, or (d) for a Schedule 4 substance other than a Schedule 4D substance—Tier 4 penalty, or (e) otherwise—the prescribed penalty. (2) It is not an offence under this section to supply, or cause or permit the supply of, a Schedule 7 substance to a person if the person is authorised to possess or use the Schedule 7 substance under the Pesticides Act 1999. Note— The Drug Misuse and Trafficking Act 1985 also prohibits the supply of prohibited drugs and prohibited scheduled substances. There is an exception for supply authorised under this Act. 29 Non-wholesale supply by health practitioners and veterinary practitioners The supply of Schedule 2, 3, 4 and 8 substances and other prescribed therapeutic goods is authorised if the supply is by the following— (a) a medical practitioner for medical treatment of a person, (b) a nurse practitioner for treatment of a person, (c) a dentist for dental treatment of a person, (d) a veterinary practitioner for treatment of an animal, (e) a nurse, midwife, podiatrist or optometrist if— (i) the person's registration has an endorsement of a kind specified in the Health Practitioner Regulation National Law, section 94 that the person is qualified to possess, use, supply or prescribe the substance or goods, and (ii) the substance or goods are obtained for a purpose for which the person is qualified, (f) a prescribed health practitioner for treatment of a person. 30 Non-wholesale supply by pharmacists in pharmacies (1) The supply of Schedule 2 and 3 substances and other prescribed therapeutic goods is authorised if the supply is by a pharmacist in a pharmacy. (2) The supply of Schedule 2 substances is authorised if the supply is by a person employed or engaged by a pharmacy to a customer of the pharmacy. (3) The supply of Schedule 4 and 8 substances and other prescribed therapeutic goods is authorised if the supply is— (a) by a pharmacist in a pharmacy, and (b) on a prescription that was authorised to be issued under section 37. 31 Non-wholesale supply by pharmacists in hospitals (1) The supply of Schedule 2 and 3 substances and other prescribed therapeutic goods is authorised if the supply is by a pharmacist in— (a) a public health entity, or (b) a private health facility. (2) The supply of Schedule 4 and 8 substances and other prescribed therapeutic goods is authorised if the supply is— (a) by a pharmacist in— (i) a public health entity, or (ii) a private health facility, and (b) on one of the following— (i) a prescription that was authorised to be issued under section 37, (ii) the written authorisation of an authorised practitioner, if the authorisation is entered on the patient's medication chart, (iii) the written requisition of an appropriate person. (3) In this section— appropriate person means— (a) an authorised practitioner, or (b) a registered nurse or midwife in charge of the ward in which the substance is supplied. authorised practitioner does not include a veterinary practitioner. 32 Non-wholesale supply by pharmacists in managed correctional centres (1) The supply of Schedule 2, 3, 4 or 8 substances and other prescribed therapeutic goods is authorised if the supply is by a pharmacist employed or engaged by a managed correctional centre for the purposes of treating an inmate at the managed correctional centre. (2) The supply of Schedule 4 or 8 substances and other prescribed therapeutic goods is authorised under subsection (1) only if the supply is— (a) on the written authorisation of an authorised practitioner, if the authorisation is entered on the inmate's medication chart, or (b) on the written requisition of an appropriate person. (3) This section does not affect the supply of a scheduled substance or other prescribed therapeutic goods by a pharmacist employed or engaged by a pharmacy located at a managed correctional centre if the supply is otherwise authorised under this Act. (4) In this section— appropriate person means an authorised practitioner, registered nurse or midwife appointed, by written instrument, by the management company for the managed correctional centre for the purposes of this section. authorised practitioner does not include a veterinary practitioner. 33 Non-wholesale supply by carers The supply of Schedule 2, 3, 4 or 8 substances and other prescribed therapeutic goods by a carer of a person to the person is authorised if the substance or goods have been lawfully supplied to the carer for supply to the person for the person's therapeutic treatment. 34 Non-wholesale supply by State Vaccine Centre The supply of scheduled substances and other prescribed therapeutic goods for the purposes of the State Vaccine Centre by the Health Secretary, or a person operating the State Vaccine Centre on the Health Secretary's behalf, is authorised. Part 2.5 Prescriptions 35 Application of Part (1) This Part applies to Schedule 2, 3, 4, 7, 8, 9 and 10 substances, subject to the regulations. (2) This Part also applies to other prescribed therapeutic goods. Note— Regulations under section 11 may— (a) exclude scheduled substances or other therapeutic goods from the operation of this Part, and (b) apply this Part to other scheduled substances or therapeutic goods. 36 Offence—unauthorised issue of prescription A person must not issue a prescription for a Schedule 2, 3, 4, 7, 8, 9 or 10 substance unless the issue of the prescription is authorised under this Act. Maximum penalty— (a) for a Schedule 8, 9 or 10 substance—Tier 2 penalty, or (b) for a Schedule 4D or 7 substance—Tier 3 penalty, or (c) for a Schedule 2 or 3 substance or other Schedule 4 substance—Tier 4 penalty, or (d) otherwise—the prescribed penalty. Note— The Drug Misuse and Trafficking Act 1985 also prohibits the supply of prohibited drugs and prohibited scheduled substances. There is an exception for supply authorised under this Act. 37 Prescriptions issued by health practitioners and veterinary practitioners (1) This section applies to the issue of a prescription for a Schedule 2, 3, 4 or 8 substance. (2) The issue of a prescription is authorised if it is issued by the following— (a) a medical practitioner for medical treatment of a person, (b) a nurse practitioner for treatment of a person, (c) a dentist for dental treatment of a person, (d) a veterinary practitioner for treatment of an animal, (e) a nurse, midwife, podiatrist