Codeine stock management for wholesalers, sponsors and retail pharmacies

This TGA behind-the-news article was published on 2 January 2018. Behind-the-news articles are published in response to issues that are of interest to the community at a point in time, for example, subjects that have been in the media.

On this page: Introduction | For retail pharmacies | For wholesalers | For sponsors

Introduction

On 20 December 2016 the Department of Health, through the Therapeutic Goods Administration (TGA), announced that over-the-counter (OTC) medicines containing low dose codeine will become prescription-only medicines from 1 February 2018. All medicines that contain low-dose codeine will be up-scheduled from Schedules 2 and 3 to Schedule 4 (Prescription Only Medicines) in the Uniform Scheduling of Medicines and Poisons (SUSMP) scheduled to the current Poisons Standard.

The following codeine-containing medicines will no longer be available without a prescription:

• Codeine-containing combination analgesics; and
• Codeine-containing cough, cold and flu medicines.

For retail pharmacies

Supply of codeine-containing medicines after 1 February 2018 when the product is not cancelled in the Australian Register of Therapeutic Goods

All States and Territories have agreed that Schedule 2 and 3 codeine-containing medicines that have been rescheduled to Schedule 4 prescription medicines and are in a retail pharmacy after 1 February 2018 can be dispensed after 1 February 2018 on prescription for a maximum period of 9 months (i.e. until 31 October 2018) or until the end of the shelf life, whichever is earlier, provided:

• the stock is stored in the dispensary;
• there is a valid prescription;
• the stock is labelled with a dispensing label; and
• any specific state or territory requirements are adhered to.

Contact your relevant State or Territory medicines and poisons regulation unit for more information regarding the requirements in your State or Territory.

Supply of codeine-containing medicines after 1 February 2018 when the product is cancelled in the Australian Register of Therapeutic Goods

Under the Therapeutic Goods Act 1989 (the Act), if an Australian Register of Therapeutic Goods (ARTG) entry for a product is cancelled, that product may continue to be supplied by a retailer (assuming the retailer is not a sponsor or selling wholesaler), if the goods were already available for retail sale at the date of cancellation of those products from the ARTG.

All States and Territories have agreed that any stock remaining on retail pharmacy shelves of OTC codeine-containing medicines (Schedules 2 and 3) that have been cancelled from the ARTG before 1 February 2018 can be dispensed after 1 February 2018 on prescription as a Schedule 4 prescription medicine in a retail pharmacy for a maximum period of 9 months (i.e. until 31 October 2018) or until the end of the shelf life, whichever is earlier, provided:

• the stock is stored in the dispensary;
• there is a valid prescription;
• the stock is labelled with a dispensing label; and
• any specific state or territory requirements are adhered to.

However, please note that the regulation of therapeutic goods is a co-regulatory scheme with the States and Territories. A person dealing with therapeutic goods must comply with all Commonwealth and state and territory laws. You should review the relevant state and territory laws carefully as in some states and territories; it is a criminal offence to supply therapeutic goods by retail unless the goods are included in the ARTG.

It is also the responsibility of the pharmacist to ensure that all of the legislative requirements are met.

Contact your relevant State or Territory medicines á poisons regulation unit for more information regarding the requirements in your state or territory.

For wholesalers

Supply of codeine-containing medicines after 1 February 2018 when the product is not cancelled in the Australian Register of Therapeutic Goods

All States and Territories have agreed that Schedule 2 and 3 codeine-containing medicines that have been rescheduled to Schedule 4 Prescription Only Medicines on the ARTG from 1 February 2018 can be supplied by wholesalers (providing they are not a sponsor) to retail pharmacies in their original Schedule 2 or 3 packaging for a maximum period of 9 months (i.e. until 31 October 2018) .

However, please note that the regulation of therapeutic goods is a co-regulatory scheme with the States and Territories. A person dealing with therapeutic goods must comply with all Commonwealth and state and territory laws. You should review the relevant state and territory laws carefully as in some states and territories; it is a criminal offence to supply therapeutic goods unless the goods are included in the ARTG.

Contact your relevant State or Territory medicines á poisons regulation unit for more information regarding the requirements in your state or territory.

Supply of codeine-containing medicines after 1 February 2018 when the product is cancelled in the Australian Register of Therapeutic Goods

It is an offence under the Act for a person to supply therapeutic goods by wholesale if the goods are not included on the ARTG (unless they are exempt goods or otherwise the subject of an approval or authority under the Act).

Therefore once an ARTG entry is cancelled, any future supply by that product's wholesaler may amount to an offence under the Act.

For more information visit Selling and advertising of cancelled listed medicines: Questions and answers.

For sponsors

For information for sponsors, please contact the TGA.