Victorian Consolidated Legislation

Drugs, Poisons and Controlled Substances Act 1981 - SECT 13A

Chinese medicine practitioners and herbal dispensers must establish therapeutic need

13A. Chinese medicine practitioners and herbal dispensers must establish
therapeutic need



(1) A registered Chinese medicine practitioner or an authorised practitioner
must not administer, prescribe, sell or supply a Schedule 1 poison unless-

   (a)  the poison is for the therapeutic use of a person who has consulted
        the practitioner; and

   (b)  the practitioner has taken all reasonable steps to ensure that the
        person has a therapeutic need for the Schedule 1 poison.

Penalty: 100 penalty units.

(2) A registered Chinese herbal dispenser or an authorised practitioner must
not sell or supply a Schedule 1 poison to a person unless-

   (a)  the sale or supply is on production of and in accordance with the
        original written prescription or order of a registered Chinese
        medicine practitioner or an authorised practitioner; and

   (b)  the dispenser or authorised practitioner has taken reasonable steps to
        ensure that the prescription or order is in accordance with any
        endorsement of the registration of the registered Chinese medicine
        practitioner or that authorised practitioner.

Penalty: 100 penalty units.