Overview of legislation about prescriptions and prescribing for dentists
The information included in this topic is appropriate for dental practice and may not be applicable to other areas of medicine.
For legislation pertaining to obtaining, possessing, prescribing, supplying or administering drugs in each of the states and territories, see here1. Dentists should follow the appropriate legislation for their state or territory. Overall, the requirements for what constitutes a legal prescription does not vary significantly between the states and territories.
Dentists may prescribe prescription-only drugs and drugs available over-the-counter, provided the drug is for the dental treatment of a patient under their care and the prescription complies with the relevant state or territory legal requirements. Prescriptions must be written for use by only the person named on the prescription. A prescription must not be written under a person’s name to obtain stock for use in the practice on multiple patients.
Additional caution should be exercised when prescribing drugs of dependence. Dentists should be aware of the relevant legislation for their state or territory pertaining to prescribing drugs of dependence. Drugs of dependence include some Schedule 4 drugs (eg benzodiazepines) and all Schedule 8 drugs, as outlined in the relevant state and territory legislation. In most states and territories, dentists can prescribe a drug of dependence for a patient under their care provided all the following points are fulfilled:
- they do so in accordance with legal requirements
- they have taken all reasonable steps to ascertain the identity of that person
- they have ensured that a therapeutic need exists
- the drug is required for dental treatment.
Misuse of drugs of dependence, particularly opioids, is increasingly prevalent. Drug-dependent and drug-seeking patients can present to a dental practice. Be circumspect if a patient demands drugs of dependence and exhibits a good level of knowledge or a preference for a specific drug. When prescribing drugs of dependence, dentists should be familiar with:
- the Prescription Shopping Programme
- any state-based real-time prescription monitoring services
- the state or territory legislative requirements to notify authorities of fraudulently obtained prescriptions of drugs of dependence.
Legislation about prescribing for staff, family members or for the purpose of self-administration varies between the states and territories; however, generally, self-prescribing and prescribing for staff or family members are not recommended.
The Pharmaceutical Benefits Schedule includes a number of medicines that are subsidised by the Pharmaceutical Benefits Scheme (PBS) if prescribed by a dentist. For more information, see the PBS website. Some medicines are not subsidised by the PBS, so the patient will pay the full cost of the medicine. If the nonsubsidised medicine is a prescription-only medicine, they can be prescribed as a ‘private’ or ‘non-PBS’ prescription.
Dentists may not order repeat prescriptions.