Navigating Australia’s new pharmacy-only vaping rules – a guide for vapers

Posted on September 30, 2024 By Colin

FROM TOMORROW, 1 OCTOBER 2024, some vaping devices and low dose e-liquid (up to 20mg/mL nicotine) will be available in Australia without a prescription from brick-and-mortar pharmacies. Sale from online pharmacies is banned. This blog outlines the latest guidelines from the TGA and the Pharmaceutical Society of Australia that take effect tomorrow.

Finding a pharmacy

Most pharmacies will not be stocking vaping products, including major chains such as PriceLine, Terry White Chemmart, Blooms the Chemist, Pharmacy 777, and National Pharmacies.

Those that do are likely to have a limited range of products. Your preferred device and e-liquid may not be available, although they can be ordered from wholesalers if listed on the TGA “Notified vape list”.

Finding a participating pharmacy may be challenging, as pharmacies are not allowed to advertise that they sell vaping products.

Some pharmacies may decide to dispense prescribed vapes only. (see below)

Sales from online pharmacies banned

The TGA has confirmed that online pharmacies cannot supply Schedule 3 (pharmacist-only) or Schedule 4 (prescription) vaping products

Under the new regulations, vapes can only be supplied in person by the pharmacist to the patient or their carer. Delivery by taxi or courier is not allowed.

In response to a query, the TGA replied

"Therapeutic vaping goods can only be supplied in person directly to the patient or their carer. It will be unlawful to dispense and supply S4 therapeutic vaping goods online"

"Vapes can only be supplied directly to the patient or their carer, regardless of whether they are supplied as a Schedule 3 or Schedule 4 medicine"

This will be a significant problem for many vapers, where local pharmacies do not stock vapes, especially for those in rural and remote areas.

Who is eligible?

To be eligible to purchase a vape without a prescription you must

Be 18 years or over
Be vaping to quit smoking or to manage nicotine dependence. Supply for “recreational” vaping is not permitted
Be willing to have a detailed consultation with the pharmacist (see below) and provide personal information for health authorities

Who needs a prescription?

You will need a prescription from a doctor or nurse practitioner to buy vaping products if you

Are under 18 years. However, in South Australia and Tasmania, the sale of vaping products to people <18 years is prohibited, even if the user has a prescription (possibly also ACT and Vic - see here)
Want nicotine e-liquid >20mg/mL
Have complex medical needs (see here)
Live in Tasmania and Western Australia. These states are legislating to block the pharmacy-only model, so all vapers will need a prescription

What can you buy?

Pharmacies can only sell e-liquids and devices on the TGA Notified Vape List. These products comply with the relevant quality and safety standards. If your preferred product is on the list, the pharmacist may be able to order it.

Flavours are restricted to tobacco, menthol and mint
Nicotine is capped at 20mg/mL freebase equivalent without a prescription. For nicotine concentrations higher than 20mg/mL, you will need a prescription from a doctor or nurse practitioner
E-liquids must be supplied at the nicotine concentration at which they will be used. It is not permitted to sell higher nicotine concentrations for home mixing
A maximum of one month’s supply can be dispensed each month
Pharmacists cannot dispense ingredients for mixing, eg PG (propylene glycol) and VG (vegetable glycerin)
Nicotine-free liquids are also available on the same terms, from pharmacies only

First consultation with the pharmacist

A detailed consultation is required with the pharmacist at the first visit, which is likely to take 15-20 minutes. Some pharmacies will charge a fee for this service. At this visit, the pharmacist must

Confirm that you are vaping for a ‘therapeutic purpose’ i.e. for smoking cessation or to manage nicotine dependence
Inspect your ID documents to confirm your identity and age (even if they know you)
Asses your nicotine dependence
Collect other personal details for reporting and record the consultation
The pharmacist must also
- Advise that vapes are “unapproved” therapeutic products
- Provide guidance on the appropriate use of the product, including dose, frequency of use, length of treatment suitable titration and interactions with other medicines
- Recommend switching to a closed system if you are currently using an open system
- Provide information about alternative quit-smoking medications, quitting aids and support, and contact details for support services eg Quitline
- Make a management plan
- Obtain informed consent. You may be asked to sign a consent form.
Personally hand you the products. Vapes cannot be collected by third parties, even by your partner
Notify the TGA within 28 days
Report any adverse effects and defects to the TGA and the supplier.

Follow-up visits will be shorter, but still require a consultation. Confirmation of your identity and reporting to the TGA are required at every visit.

Referral to a GP

Pharmacists are advised by the PSA guidelines to refer you to a GP if

You need e-liquid with a nicotine concentration >20mg/mL
You are under 18 years old
Medication is not suitable for your needs
Vaping continues for longer than 12 weeks
You require more than one pod per day
You you are pregnant or breastfeeding, have cardiovascular disease, diabetes, mental illness, a substance use disorder or multiple health problems

Will the bill be disallowed?

A Senate committee recently issued a notice to disallow the Vaping Reforms bill, due to serious concerns about it. If these concerns are not resolved, the bill may be rejected. More here.

The likely outcome

The pharmacy model makes it much harder for vapers to access legally than to purchase deadly cigarettes. As with the failed prescription-only model, the likely outcomes will be