New South Wales Consolidated Regulations

POISONS AND THERAPEUTIC GOODS REGULATION 2008 - REG 128

128 Destruction of unwanted drugs of addiction in private health facilities or residential care facilities

(1) A retail pharmacist who is engaged in the supply of restricted substances or drugs of addiction to any of the following--

(a) a private health facility,

(b) a residential care facility,

(c) a patient in a private health facility,

(d) a patient in a residential care facility that is a nursing home,

is, subject to subclauses (2) and (3), authorised to destroy any unwanted drug of addiction on the premises of that private health facility or residential care facility.

(2) A retail pharmacist is only authorised to destroy an unwanted drug of addiction on the premises of a residential care facility that is not a nursing home if that drug of addiction was supplied in accordance with clause 103.

(3) Subclause (1) applies only where the drug is destroyed in the presence of--

(a) if the private health facility or residential care facility is the holder of a licence under Division 2 of Part 8--the person who is named on the licence as being responsible for the storage of drugs of addiction, or

(b) in any other case--the director of nursing of the private health facility or residential care facility or the residential care facility manager.

(4) A pharmacist who destroys a drug of addiction in accordance with this clause--

(a) must record the fact of the destruction of the drug by an entry in the drug register maintained by the private health facility or residential care facility, and

(b) must ensure that the entry in the drug register includes the date and the name, professional registration number and signature of the pharmacist and the name and signature of person who witnessed the destruction of the drug.

: Maximum penalty--20 penalty units.