Medicines Amendment Act 1999

1: Short Title and commencement
1: This Act may be cited as the Medicines Amendment Act 1999, and is part of the Medicines Act 1981 the principal Act
2: This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
2: Interpretation
1: Section 2(1) dentist Dentist Dental Act 1988 .
2: Section 2(1) veterinary surgeon Veterinarian Veterinarians Act 1994
3: Section 2(1) Designated prescriber
a: Belongs to a class of registered health professionals authorised by regulations made under this Act to prescribe any specified class or description of prescription medicines subject to the satisfaction of requirements specified in or imposed under those regulations; and
b: Satisfies any applicable requirement relating to competency, qualifications, or training specified in or imposed under regulations made under this Act: Health services section 2 of the Health and Disability Commissioner Act 1994 Registered health professional
a: A medical practitioner:
b: A dentist:
c: A clinical dental technician, which for the purposes of this Act means any person for the time being registered as a clinical dental technician under the Dental Act 1988
d: A dental technician, which for the purposes of this Act means any person for the time being registered as a dental technician under the Dental Act 1988
e: A pharmacist:
f: A nurse, which for the purposes of this Act means any person for the time being registered or enrolled as a nurse (whether as a comprehensive nurse, or a general nurse, or otherwise), or as a midwife, under the Nurses Act 1977
g: A psychologist, which for the purposes of this Act means any person for the time being registered as a psychologist under the Psychologists Act 1981
h: A chiropractor, which for the purposes of this Act means any person for the time being registered as a chiropractor under the Chiropractors Act 1982
i: An optician:
j: A dietitian, which for the purposes of this Act means any person for the time being registered as a dietitian under the Dietitians Act 1950
k: An occupational therapist, which for the purposes of this Act means any person for the time being registered as an occupational therapist under the Occupational Therapy Act 1949
l: A physiotherapist, which for the purposes of this Act means any person for the time being registered as a physiotherapist under the Physiotherapy Act 1949
m: A person for the time being registered as a medical laboratory technologist or a medical radiation technologist or a podiatrist under the Medical Auxiliaries Act 1966 Standing order
a: A written instruction issued by a practitioner or registered midwife, in accordance with any applicable regulations, authorising any specified class of persons engaged in the delivery of health services to supply and administer any specified class or description of prescription medicines to any specified class of persons, in circumstances specified in the instruction, without a prescription:
b: A written instruction issued by a veterinarian, in accordance with any applicable regulations, authorising any specified class of persons to supply and administer any specified class or description of prescription medicines to any specified class of animals, in circumstances specified in the instruction, without a prescription: .
3: Meaning of
medicine new medicine prescription medicine restricted medicine
1: Section 3(1)(b) subparagraph (ii)
ii: By a practitioner, or registered midwife, or designated prescriber, or in accordance with a standing order; or .
2: Section 3(3) prescription medicine Prescription medicine section 106
a: Sold by retail only under a prescription given by a practitioner, registered midwife, veterinarian, or a designated prescriber; and
b: Supplied in circumstances corresponding to retail sale only—
i: Under a prescription given by a practitioner, registered midwife, veterinarian, or a designated prescriber; or
ii: In accordance with a standing order; and
c: Administered only in accordance with—
i: A prescription given by a practitioner, registered midwife, veterinarian, or a designated prescriber; or
ii: A standing order: .
4: Sale of medicines by retail
1: Section 18(1) paragraph (a)
a: Any prescription medicine unless—
i: He or she is a pharmacist and sells, supplies, or distributes the medicine in a pharmacy or hospital; or
ii: He or she is authorised to supply and administer any specified class or description of prescription medicine under a standing order and supplies the medicine in accordance with that standing order; or
aa: Any restricted medicine, unless he or she is a pharmacist and sells, supplies, or distributes the medicine in a pharmacy or hospital; or .
2: Section 18 subsection (2)
2: No person may sell by retail any prescription medicine otherwise than under a prescription given by a practitioner, registered midwife, veterinarian, or designated prescriber.
2A: No person may supply, in circumstances corresponding to retail sale, any prescription medicine otherwise than—
a: Under a prescription given by a practitioner, registered midwife, veterinarian, or designated prescriber; or
b: In accordance with a standing order.
2B: Despite subsections (2) and (2A) section 25 or section 30 or section 31 or section 69
3: Section 18(3) paragraph (b)
b: In any public place within the meaning of section 2 of the Summary Offences Act 1981 .
5: Administering prescription medicines
The principal Act is amended by repealing section 19
19:
1: A prescription medicine may be administered to any person only in accordance with—
a: The directions of the authorised prescriber who prescribed the medicine; or
b: A standing order.
2: Despite subsection (1) section 25
3: Every person commits an offence against this Act who contravenes subsection (1)
4: In this section, authorised prescriber
6: Exemptions for practitioners and others
The principal Act is amended by repealing section 25
25:
1: An authorised prescriber may—
a: Manufacture, pack, and label a medicine that is specially prepared for, or intended for administration to, a particular patient of that authorised prescriber:
b: Sell or supply, or procure the sale or supply of, any medicine to any such patient or to a person who has the care of the patient:
c: Administer, or procure the administration of, any medicine to any such patient:
d: At the request of another authorised prescriber, pack, and label a medicine that is specially prepared for, or intended for administration to, a particular patient of that other authorised prescriber:
e: At the request of another authorised prescriber, sell or supply a medicine to that other authorised prescriber, or to a person who has the care of the patient:
f: At the request of another authorised prescriber, administer a medicine to a particular patient of that other authorised prescriber.
2: Despite subsection (1) section 20
a: Paragraphs (a) and (d) of subsection (1)
b: Paragraphs (b), (c), (e), and (f) of that subsection
3: Subsection (1) sections 17 to 24
4: In this section, authorised prescriber
7: Exemptions for veterinarians and opticians
Section 27 veterinary surgeon veterinarian
8: Restrictions on possession of prescription medicines
1: Section 43 subsection (2)
2: Without limiting the meaning of the expression reasonable excuse subsection (1)
a: The possession or act that might otherwise be a contravention of that subsection—
i: Is that of a person, licensed or otherwise authorised under this Act or any regulations made under this Act, to manufacture, sell, supply, pack, or administer the medicine or to be in possession of it; and
ii: Is necessary as incidental to the business, calling, or purpose for which the person is so licensed or otherwise authorised; or
b: The possession or act that might otherwise be a contravention of that subsection—
i: Is that of a carrier, or an employee of a carrier; and
ii: Is necessary or incidental to the business of that carrier; or
c: The possession or act that might otherwise be a contravention of that subsection—
i: Is that of a person to whom the medicine has been lawfully supplied for his or her use, or for use by any other person, as a patient under the care of an authorised prescriber or in accordance with a standing order, and who does not have in his or her possession any other supplies of a prescription medicine prescribed or supplied for the same purpose by another authorised prescriber or in accordance with a standing order; and
ii: Is necessary or incidental to such use; or
d: The possession or act that might otherwise be a contravention of that subsection—
i: Is that of a person who has possession of the medicine only for the purpose of administering it to the person for whom it has been prescribed; and
ii: Is necessary or incidental to that purpose; or
e: The possession or act that might otherwise be a contravention of that subsection—
i: Is that of a person in the service of the Crown; and
ii: Is necessary or incidental to the performance of that person's duties.
2: Section 43 subsection (5)
6: In this section, authorised prescriber
9: New sections substituted
The principal Act is amended by repealing section 48
48: Powers of Minister to prohibit prescribing, etc
1: The Minister may at any time, by notice in the Gazette
a: Prohibit any specified practitioner, veterinarian, registered midwife, or designated prescriber from prescribing prescription medicines or any particular class or description of prescription medicines:
b: Prohibit, either generally or in relation to any particular class or description of medicines, any specified person from exercising all or any of the rights conferred by this Act, whether those rights are so conferred on persons generally or on a particular class to which that person belongs.
2: The Minister may not exercise any power conferred on him or her by subsection (1)
a: In the case of a medical practitioner, except on the recommendation of the Medical Council of New Zealand; or
b: In the case of a dentist, except on the recommendation of the Dental Council of New Zealand; or
c: In the case of a pharmacist, except on the recommendation of the Council of the Pharmaceutical Society of New Zealand; or
d: In the case of a registered midwife or a nurse, except on the recommendation of the Nursing Council of New Zealand; or
e: In the case of a veterinarian, except on the recommendation of the Veterinary Council of New Zealand; or
f: In the case of any designated prescriber to whom paragraphs (c) and (d)
3: The Minister may at any time, by notice in the Gazette subsection (1)
48A: Powers of Councils and Boards
1: Despite anything in any other Act, each Council or Board referred to in section 48
2: For the purposes of subsection (1)
3: Despite subsection (2)
4: Without prejudice to the liability of any person under any other provision of this Act, a person who contravenes any notice given under section 48(1)
10: Restrictions on supply to particular persons
Section 49(2) or registered midwife , registered midwife, or designated prescriber
11: Statements regarding persons dependent on prescription medicines
Section 49A(3) paragraph (g)
ga: Registered midwives:
gb: Designated prescribers: .
12: Notification of conviction of practitioners, etc
Section 87 veterinary surgeon, pharmacist, or nurse veterinarian, pharmacist, nurse, or designated prescriber
13: Power of Court to restrict publication of name of medicine
Section 100(2) of those professions, or to designated prescribers,
14: Regulations
Section 105(1) paragraph (q)
q: Regulating the issue by practitioners, veterinarians, registered midwives, and designated prescribers of prescriptions for the supply of any medicine, and requiring persons issuing or dispensing prescriptions in respect of any medicine to furnish such information relating to those prescriptions as may be prescribed:
qa: Authorising any class of registered health professional, other than a practitioner or registered midwife, to prescribe prescription medicines of a specified class or description in accordance with such conditions, limitations, requirements, or restrictions specified in or imposed under the regulations:
qb: Regulating the issue of standing orders, imposing conditions, limitations, requirements, or restrictions in relation to the contents of standing orders and their use, and providing for such other matters as are necessary or desirable for the administration of standing orders: .
15: New sections inserted
The principal Act is amended by inserting, after section 105
105A: Regulations relating to practitioners, veterinarians, and registered midwives
1: Without limiting the generality of section 105(1)(d)
a: Requiring any practitioner, veterinarian, or registered midwife, or a specified class of such persons, before commencing for the first time to prescribe prescription medicines or prescription medicines of a specified class or description, to satisfy 1 or more of the following requirements:
i: To obtain any specified qualification or any qualification specified from time to time by notice in the Gazette
ii: To undertake specified training or any training specified from time to time by notice in the Gazette
iii: To demonstrate, to the satisfaction of the relevant professional organisation, that the person is sufficiently knowledgeable to safely prescribe prescription medicines or prescription medicines of a specified class or description:
b: Requiring any practitioner, veterinarian, or registered midwife, or any class of such persons, to undergo specified training or to undergo training specified from time to time by notice in the Gazette
c: Requiring any practitioner, veterinarian, or registered midwife, or any class of such persons, to undergo an assessment of competence to prescribe prescription drugs of a specified class or description (including an assessment at regular intervals):
d: Requiring any practitioner, veterinarian, or registered midwife, or any class of such persons who prescribes prescription medicines of any specified class or description to undertake those duties under the supervision of a practitioner or a specified class of practitioner:
e: Prohibiting any practitioner, veterinarian, or registered midwife who fails to comply with any requirement imposed by or under regulations referred to in paragraphs (a) to (d)
2: In this section, relevant professional organisation
a: In the case of a practitioner or registered midwife or any class of practitioner or registered midwife, the Council or Board that has jurisdiction in respect of the class of registered health professional to which the practitioner or registered midwife or the class of practitioner or registered midwife belongs:
b: In the case of a veterinarian or any class of veterinarian, the Veterinary Council of New Zealand.
105B: Regulations relating to designated prescribers
1: Without limiting the generality of section 105(1)(d) or (qa) section 105(1)(qa)
a: Requiring any person who belongs to any class of registered health professional authorised to prescribe prescription medicines of any specified class or description by regulations made under section 105(1)(qa)
i: To obtain any specified qualification or any qualification specified from time to time by notice in the Gazette
ii: To undertake specified training or any training specified from time to time by notice in the Gazette
iii: To demonstrate, to the satisfaction of the relevant professional organisation, that the person is sufficiently knowledgeable to safely prescribe prescription medicines or prescription medicines of a specified class or description:
b: Requiring any designated prescriber or any class of designated prescriber to undergo specified training or to undergo training specified from time to time by notice in the Gazette
c: Requiring any designated prescriber or any class of designated prescriber to undergo an assessment of competence to prescribe prescription drugs of a specified class or description (including an assessment at regular intervals):
d: Requiring any designated prescriber or any class of designated prescriber who prescribes prescription medicines of any specified class or description to undertake those duties under the supervision of a practitioner, or a specified class of practitioner:
e: Prohibiting any person who fails to comply with any requirement imposed by or under regulations referred to in paragraphs (a) to (d)
2: In this section, relevant professional organisation
2: Amendments to other enactments
16: Amendments to other enactments
The enactments specified in the Schedule are amended in the manner indicated in that schedule.
17: Repeals
Sections 20 to 26 of the Nurses Amendment Act 1990