Medicines Act 1981

Dealings with medicines and medical devices - Exemptions

29: Exemption for medicine required by medical practitioner

You could also call this:

"Doctors can get special medicine for patients, and sellers must report it to the government."

Illustration for Medicines Act 1981

You can get medicine from a person if a medical practitioner asks for it to treat a patient. The medical practitioner can give the medicine to the patient. If the medicine is new, the person who sells or supplies it must tell the Director-General about the sale or supply. You must report the sale or supply of new medicine to the Director-General every month. You have to include the name of the medical practitioner and patient, describe the medicine, and say when and where it was sold or supplied. If you do not report the sale or supply of new medicine, the Minister can stop you from selling or supplying that medicine until they say it is okay to do so, as stated under the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM55428.


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Part 2Dealings with medicines and medical devices
Exemptions

29Exemption for medicine required by medical practitioner

  1. Neither section 20 nor section 24 shall prevent—

  2. the supply by any person to any medical practitioner, on the medical practitioner's request, of any medicine required by that medical practitioner for the treatment of a particular patient currently under that medical practitioner's care; or
    1. the administration by any medical practitioner of any such medicine to any such patient.
      1. Every person who, for the purposes of subsection (1), sells or supplies to any practitioner any medicine that is a new medicine by virtue of paragraph (a) of the definition of the term new medicine in section 3(3) before the consent of the Minister to the distribution of that medicine has been published under the Legislation Act 2019 shall, as soon as practicable after the end of every month in which he has so sold or supplied any such medicine, report that sale or supply to the Director-General in writing, naming the practitioner and patient, describing the medicine, and identifying the occasion when and the place where the medicine was so sold or supplied.

      2. Without limiting section 48, if any person fails to comply with subsection (2), the Minister may, in the manner prescribed in that section but without complying with subsection (2) of that section, prohibit that person from selling and supplying any new medicine to which subsection (2) applies before the consent of the Minister to the distribution of that medicine has been published under the Legislation Act 2019.

      Compare
      • 1969 No 7 s 16
      Notes
      • Section 29(2): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section 29(3): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).