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Medicines Act 1981

Dealings with medicines and medical devices - Miscellaneous provisions

48: Powers of Minister to prohibit prescribing, etc

You could also call this:

"The Minister can stop people from giving out certain medicines."

Illustration for Medicines Act 1981

The Minister can stop someone from prescribing certain medicines. You might be stopped from prescribing medicines if you are a doctor, dentist, or pharmacist. The Minister gets advice from groups like the Medical Council of New Zealand before making a decision. The Minister can also stop someone from doing things that the Medicines Act allows. You might be stopped from doing these things if you are a veterinarian, nurse, or optometrist. The Minister gets advice from groups like the Veterinary Council of New Zealand before making a decision. The Minister can change their mind and let someone prescribe medicines again. You can find out about these decisions in the Gazette.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM55471.

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Part 2Dealings with medicines and medical devices
Miscellaneous provisions

48Powers of Minister to prohibit prescribing, etc

  1. The Minister may at any time, by notice in the Gazette,—

  2. prohibit any specified authorised prescriber, veterinarian, or delegated prescriber from prescribing prescription medicines or any particular class or description of prescription medicines:
    1. 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.

      1. The Minister may not exercise any power conferred on him or her by subsection (1),—

      2. in the case of a medical practitioner, except on the recommendation of the Medical Council of New Zealand; or
        1. in the case of a dentist, except on the recommendation of the Dental Council of New Zealand; or
          1. in the case of a pharmacist, except on the recommendation of the Pharmacy Council; or
            1. in the case of a registered midwife or a nurse, except on the recommendation of the Midwifery Council or the Nursing Council of New Zealand; or
              1. in the case of a veterinarian, except on the recommendation of the Veterinary Council of New Zealand; or
                1. in the case of an optometrist, except on the recommendation of the Optometrists and Dispensing Opticians Board; or
                  1. in the case of any other designated prescriber or delegated prescriber, except on the recommendation of the responsible authority for the health profession to which the designated prescriber or delegated prescriber belongs.

                    1. The Minister may at any time, by notice in the Gazette, revoke any notice given under subsection (1).

                    Notes
                    • Section 48: substituted, on , by section 9 of the Medicines Amendment Act 1999 (1999 No 117).
                    • Section 48(1)(a): amended, on , by section 25(1) of the Medicines Amendment Act 2013 (2013 No 141).
                    • Section 48(2)(c): amended, on , by section 12(1) of the Medicines Amendment Act 2003 (2003 No 50).
                    • Section 48(2)(d): amended, on , by section 12(2) of the Medicines Amendment Act 2003 (2003 No 50).
                    • Section 48(2)(ea): inserted, on , by section 25(2) of the Medicines Amendment Act 2013 (2013 No 141).
                    • Section 48(2)(f): replaced, on , by section 25(3) of the Medicines Amendment Act 2013 (2013 No 141).