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Medicines Act 1981

Dealings with medicines and medical devices - Exemptions

26: Exemptions for pharmacists

You could also call this:

"Rules for pharmacists making and selling medicines"

Illustration for Medicines Act 1981

You can make and sell medicines if you are a pharmacist. You must follow the rules in the Medicines Act 1981 and any regulations made under this Act. You can do this as long as you are working in a hospital or a pharmacy. You can only sell or give medicines to people who have asked for them. You must have an order or request from the person who wants the medicine. You can also sell medicines in the normal course of your business if the person needs them. You cannot sell prescription medicines without a prescription. If you make a medicine for a specific person, some rules do not apply to you, as long as you follow the other rules. You must work in a pharmacy or hospital to make and sell medicines. Some sections of the Act, like section 17, section 20, and section 24, have special rules that apply to pharmacists.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM55421.

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Part 2Dealings with medicines and medical devices
Exemptions

26Exemptions for pharmacists

  1. Notwithstanding section 17, but subject to subsections (2) and (3) and to the other provisions of this Act and to any regulations made under this Act, a pharmacist may manufacture, pack, label, sell, and supply any medicine.

  2. The authority conferred by subsection (1) shall extend only to the manufacture, packing, labelling, selling, or supplying of medicines,—

  3. in the case of a pharmacist employed in a hospital, in the course of that pharmacist's employment as a pharmacist in that hospital:
    1. in any other case, by a pharmacist in a pharmacy.

      1. Subsection (1) shall not authorise—

      2. the sale or supply of any medicine, except—
        1. pursuant to an order given or a request made by the person to whom the medicine is sold or supplied; or
          1. in the ordinary course of business with reference to the needs expressed by that person; or
          2. the sale or supply of a prescription medicine otherwise than pursuant to a prescription.

            1. Subject to subsection (2), nothing in section 20 or section 24 shall apply in respect of the sale or supply by a pharmacist of a medicine compounded by that pharmacist to suit the needs of a particular person.

            Compare
            • 1960 No 97 ss 11(1), (2)(c), 13(1)(a), (2), 14(1)(a)