Regulating Medicines Flashcards
What legislation defines what a “medicine” is?
Medicines Act 3
(1) one or more human beings for a therapeutic purpose
Used in hospital or pharmacy or with standing order or retail sales which includes herbal
This act also considers pregnancy test as a medicine (b)(iii)
(b)(i) pharmacy or hospital
(b)(ii)practitioner or register midwife or designated
(b)(iii)retail sales including herbal
What does MA 3 NOT INCLUDE?
2 A- dental surgery for filling cavities B- bandaged or dressings except for medicated (curative function) C- radioactive material D- animal food with medicine E-animal remedy F-other declared in act
What does MA 4 say?
Defines the meaning of therapeutic purpose
A- treating or preventing disease
B- diagnosing existence degree or extent of physiological conditions
C- effecting contraception
D- inducing anaesthesia
E- altering shape size structure or weight or human
F- preventing or interfering with physiological function or temporarily (terminating or postponing or increasing or accelerate)
E- cleaning soaking or lubricating contact lenses
What legislations state substances that are not medicines and what do they include?
MR 58
(1)
(A) dentifrice products that do not contain medicine in schedule 1 and not claimed to prevent decay or improve oral hygiene
(B) anti dandruff products that do not contain a medicine or claim therapeutic use except controlling dandruff or claimed to be effective in moisturising exfoliating or drying scalp and no other purposes
(C) anti acne product that doesn’t contain a medicine or no other therapeutic purpose claimed claimed to be effective in moisturising exfoliating or drying scalp and no other purposes
D- barrier cream that does not contain medicine and not claimed for other purposes except preventing nappy rash and no other purpose besides from providing a barrier to the transmission of moisture
E- antibacterial skin products provided that it does not contain a medicine specified in schedule 1 or not claimed for any other therapeutic purpose except for preventing spread of bacteria and is not presented for use in connection with risk of transmission of disease of disease from contact of blood or bodily fluids and not recommended for use in connection of provision of health services.
(2) E refers to piercing skin or mucous membrane and venipuncture or delivery of an injection
What is legislation defines a related product?
MA94 1- cosmetic / dentrice / food that claims it is effective for a therapeutic purpose but does not contain any medicine, any substance belonging to a class under this Act
2- new related product is not identical to any related product that could be sold lawfully for the same therapeutic purpose
What are the standard for medicines, related products, medical devices, cosmetics and surgical dressings?
MR4
- conform to the description and tests set out in the publication
- conform to tests for sterility set out in a specified publication
- product for use on skin of baby, any inflamed, abraded or broken skin, shall be free of pathogenic organism
- it should not contain any thing that is harmful, dangerous or offensive
- surgical dressings should comply with regulation test
- medical device should conform to a particular description
Define new medicine
MA3
(3) Not generally available in NZ before commencement of this act or during period of 5 years immediately after the date it becomes available:
- sale and distribution whihc Minister has not given his consent
- any that becomes a medicine for the first time under this act
Pharmacy Only
MA3
a- sold by retail only in pharmacy or hospital or any any shop described in section51(2) or with a license
b-supplied in circumstances corresponding to retail sale only pharmacy, hospital and shop with license and according to standing order
Restricted
Prescritpion Only
MA3
- sold by retail only on prescription given by practitioner, midwife, vet or designated.
- Supplied in circumstances corresponding to retail only under prescription by… and under standing order
- Administered only with prescription given by, or under standing
Restricted Medicine
MA3
- sold by retail by a pharmacist
- supplied in circumstances corresponding to retail sale by pharmacist or according to standing order
How are medicines classified?
MA9
1- Minister shall appoint a classification committee who would make recommendation to minister in respect of the classification of medicines
3-shall consist of 2 people from medical association, 2 nominated by pharmacutical society and 2 officers of ministry of health
Which legislation describes the restriction on sale or supply of new medicines?
MA 20
(2) No person shall sell / distribute by way of gift or loan or sample / advertise the availability of medicine
(3) No consent given under this section shall deemed to warrant safety or efficacy
(4) any person that does not comply with 2 is liable on conviction of imprisonment not lasting more than 6 months or fine not exceeding $20,000
How are medicines are registered?
MA 21 - application for Minister’s consent
1- application should be made in the true name of manufacturer, importer, proprietor. It should be addressed to director general, accompanied by prescribed fee
2- requirements of application
-business address of person making application, true name and business address of each ingredient manufacturer
-name of medicine under which it will be distributed
- method of manufacture
-full statement of ingredients including quantity
-description of the quality of raw materials
-description of the form or forms of medicine
-recommended dose and frequency
-claims or representations to be made in respect of its usefulness and recommended use
-reports of tests on safety (for the purposes for which it is intended to be used)
-test reports made to control strength, quality, purity r safety and method of testing
-efficacy reports
-English
-evidence of distribution in any other country
-intended method of distribution
-name and address of place of manufacture
4- director general could require person to supply samples or further information or manufacture, intended sale, distribution or advertising
5- director general may require person to verify statutory declaration of any statement in application made via signing
Which legislation described the requirements of medicine changeMAs?
MA24
1- any time that there is a material change the director general must be notified in English writing describing the change and effect the change it might have on safety and efficacy
2- material change that includes:
- purpose, recommended dosage, manner of administration
- labelling, container or package
- strength, quality, or purity
- methods of manufacture or facilities for testing strength, quality, purity or safety
- location of manufacturer
3- no person shall sell any medicine that has a material change where a notice is required to be given to DG or supply by gift loan or sample until after at least 90 days after the notice is given to DG
4- within 45 days of written notice DG may require further more information or samples set out in a written notice.
5- medicine should not be distributed in NZ or represented or recommended, advertised or labelled in terms set out in the notice without consent
If there is insufficient information about strength, quality, purity, safety or efficacy / method of manufacture or testing facilities DG should refer to minister and inform manufacturer in writing
Legislation that describes authorized prescriber supplying unapproved medicine.
MA25 - Refers to an authorized prescriber (practitioner, midwife and designated) can:
1- manufacturer pack and label a medicine that is specially prepared for a particular patient
2- sell or supply or procure a medicine for patient under their care.
3- administer or procure the administration to any patient
4-At the request another authorized prescriber to pack, label a medicine for a particular patient
5-At the request of another authorized prescriber can sell or supply to another authorized prescriber or person who has care of patient
6- may administer at the request of another authorised prescriber
Legislation that permits the supply of unapproved medicine to a medical practitioner.
MA29
1- supply to medical practitioner on request of any medicine required for treatment for a patient under their care or administer by any medical practitioner of any such medicine to any such patient
2- supply of a new medicine before consent of the Minister shall as soon as possible after end of every month in which he has sold or supplied any such medicine in writing, naming practitioner and patient, describing medicine and occasion and the place where medicine is sold and supplied
What is MA32A?
Exemption in respect of importation by the Crown.
1- Import medicine into NZ and sell the medicine or distribute it by the way of gift or loan or sample and it is not necessary for Crown to comply with any provisions of this Act
3- payment of fee on the application for a license to sell a medicine a medicine applies to the Crown
4, 5 and 6 - Nothing in section 24 prevent a person who holds a lisence or pharmacist in hospital or in community to sell a medicine imported by the Crow or supply if by gift or loan or sample
7-include the power to advertise, label and
package
What is MA33?
Exemption in respect of procuring and exporting medicines.
1- Any person may procure a medicine if the person whom procures the medicine is authorised under this Act to well or supply to him
2- Any person may export in the course or for the purpose of sale any medicine that at the time it is exported might lawfully be sold by a pharmacist to a person in NZ
What is MA17?
Manufacturers, wholesalers to (packers of meds and operators of pharmacies be licensed)
1-No person shall in the course of any business a- manufacture b- sell by wholesale c-pack or label d- operate any pharmacy otherwise in accordance with license
Which legislation restrict manufacture of medicines in dwelling houses?
MR 30 -Dwelling houses prohibited for manufacture and packing
No person shall manufacture, pack any medicine, related product or cosmetic for sale in any dwellinghouse or permit any dwellinghouse to be used (if use likely to result in contamination)
Exemption for pharmacists involved in manufacture of medicines
MA26
(1)(2) shall extend manufacture, packing, labelling, sellingor supplying of medicines to pharmacist employed in hospital or in a pharmacy
(3) (a)the sale or supply of any medicine must be given or requested by the person whom sold or supplied to or needs expressed by person
(b) prescription medicine according to prescription
(4) subsection 2 also applies to medicine compounded by a pharmacist to suit the needs of a particular person
Exemption for vet and certain registered health practitioners for manufacture of medicine
MA27
a- vet may manufacture, sell, supply or administer to animal under their care or under care of another vet and may pack or label medicine for purpose of sale or supply
b- registered with optometrists and dispensing opticians board under HPCA Act and having appropriate scope of practice may sell or supply medicine for use in cleaning, soaking or lubricating contact lenses if med is suitable for purpose. This also includes packing or labelling of medicines for sale or supply
Exemption for agents and employees regarding packing label and supply of medicines and any related products
MA31
1- To manufacture, sell,supply, pack or label any medicine other than restricted medicine or herbal remedy shall extend and apply to any agent or employee of a person so authorised acting in the course of that person’s agency or employment
2- Retail sale of prescription medicines extend and only apply to those under supervision of pharmacist, responsible person or other person licensed to sell them and this also applies to packing and labelling of medicines
3- Subsection 1 does not authorise person to manufacture sell supply pack of label any medicine at any place if that person principal employer is not authorised to
What does MA39 say?
Adulteration of medicines
1 - No person shall
a- add any substance or abstract any substance from a medicine so as to affects the composition of the medicine with the intent that medicine shall be sold or supplied in that state
b- sell or supply any medicine the composition of which has been injuriously affected by the addition or abstraction of any substance