Victorian Numbered Acts

DRUGS, POISONS AND CONTROLLED SUBSTANCES AMENDMENT ACT 2008 (NO. 17 OF 2008) - SECT 8

For section 34 of the Principal Act substitute —

" Subdivision 4—Schedule 8 poisons

        34     Requirement to apply for Schedule 8 permit

    (1)     A registered medical practitioner or a nurse practitioner who considers it is necessary to administer, supply or prescribe a Schedule 8 poison to or for one of his or her patients who is a drug-dependent person must apply to the Secretary for a Schedule 8 permit.

    (2)     Subject to subsection (3), a registered medical practitioner or a nurse practitioner who considers it is necessary to administer, supply or prescribe a Schedule 8 poison for a continuous period greater than 8 weeks to or for one of his or her patients who is not a drug-dependent person must apply to the Secretary for a Schedule 8 permit.

    (3)     A registered medical practitioner or a nurse practitioner must apply to the Secretary for a Schedule 8 permit if—

        (a)     the practitioner—

              (i)     has reason to believe that one of his or her patients who is not a drug-dependent person has been, or is currently being, administered, supplied or prescribed a Schedule 8 poison by one or more other practitioners; and

              (ii)     considers it is necessary to administer, supply or prescribe a Schedule 8 poison to or for that patient; and

        (b)     the total period of administration, supply or prescription of a Schedule 8 poison to that patient would be a continuous period greater than 8 weeks, taking into account any period of administration, supply or prescription referred to in paragraph (a)(i) together with the period of administration, supply or prescription of a Schedule 8 poison to or for that patient by the practitioner.

    (4)     An application for a Schedule 8 permit must be in the prescribed form.

        34A     Schedule 8 permit

    (1)     On receiving an application under section 34, the Secretary may issue a permit to a registered medical practitioner or a nurse practitioner authorising the practitioner—

        (a)     to administer, supply or prescribe a Schedule 8 poison to or for a drug-dependent person; or

        (b)     to administer, supply or prescribe a Schedule 8 poison to or for a person other than a drug-dependent person for a continuous period greater than 8 weeks.

    (2)     A Schedule 8 permit must be in the prescribed form.

    (3)     The Secretary may at any time amend, suspend or revoke a Schedule 8 permit and any permit which is suspended or revoked ceases to have effect.

        34B     Offence to administer etc. Schedule 8 poisons to drug-dependent person

A registered medical practitioner or a nurse practitioner must not at any time administer, supply or prescribe a Schedule 8 poison to or for a person he or she has reason to believe to be a drug-dependent person unless the practitioner—

        (a)     holds a Schedule 8 permit for that administration, supply or prescription to or for that person; or

        (b)     is otherwise authorised by or under this Act to do so.

Penalty:     100 penalty units.

        34C     Offence to administer etc. Schedule 8 poisons to person who is not a drug-dependent person

    (1)     A registered medical practitioner or a nurse practitioner must not administer, supply or prescribe a Schedule 8 poison to or for a person who is not a drug-dependent person for a continuous period greater than 8 weeks unless the practitioner—

        (a)     holds a Schedule 8 permit for that administration, supply or prescription to or for that person; or

        (b)     is otherwise authorised by or under this Act to do so.

Penalty:     100 penalty units.

    (2)     Subject to subsection (3), unless otherwise authorised by or under this Act to do so, a registered medical practitioner or a nurse practitioner must not administer, supply or prescribe a Schedule 8 poison to or for a person who is not a drug-dependent person without a Schedule 8 permit if the total period of administration, supply or prescription of the Schedule 8 poison to or for that person would be a continuous period greater than 8 weeks, taking into account the total of—

        (a)     any period of administration, supply or prescription of a Schedule 8 poison to or for that person that the practitioner has reason to believe has been, or is currently being, administered, supplied or prescribed by one or more other practitioners; and

        (b)     the period of administration, supply or prescription of a Schedule 8 poison to or for that patient by the practitioner.

Penalty:     100 penalty units.

    (3)     A registered medical practitioner or a nurse practitioner who has applied for a Schedule 8 permit under section 34(3) is authorised to administer, supply or prescribe a Schedule 8 poison to or for a person who is not a drug-dependent person in respect of whom the application relates without a Schedule 8 permit for the purposes of ensuring continuity of that person's treatment until—

        (a)     the Schedule 8 permit is issued; or

        (b)     the Secretary refuses to issue the permit.

        34D     Exception to Schedule 8 permit requirement—specified medical conditions

Despite section 34C(1), a registered medical practitioner or a nurse practitioner is authorised to administer, supply or prescribe a Schedule 8 poison to or for a person who is not a drug-dependent person during a continuous period greater than 8 weeks without a Schedule 8 permit if—

        (a)     the administration, supply or prescription of that Schedule 8 poison is to treat that person for a medical condition in the circumstances (if any) specified by the Secretary in accordance with section 35A; and

        (b)     the registered medical practitioner or the nurse practitioner has given written notice of that administration, supply or prescription to the Secretary.

        34E     Exceptions to Schedule 8 permit requirement—multiple practitioners at medical clinic

    (1)     Despite section 34B, a registered medical practitioner or a nurse practitioner at a multiple-practitioner clinic is authorised to administer, supply or prescribe a Schedule 8 poison to or for a drug-dependent person without a Schedule 8 permit if—

        (a)     the treatment is provided at the multiple-practitioner clinic; and

        (b)     a Schedule 8 permit has been issued to another registered medical practitioner or another nurse practitioner at that multiple-practitioner clinic to administer, supply or prescribe the Schedule 8 poison to or for that drug-dependent person; and

        (c)     the administration, supply or prescription of the Schedule 8 poison is carried out in accordance with that permit.

    (2)     Despite section 34C(1), a registered medical practitioner or a nurse practitioner at a multiple-practitioner clinic is authorised to administer, supply or prescribe a Schedule 8 poison to or for a person who is not a drug-dependent person during a continuous period greater than 8 weeks without a Schedule 8 permit if—

        (a)     the treatment is provided at the multiple-practitioner clinic; and

        (b)     a Schedule 8 permit has been issued to another registered medical practitioner or another nurse practitioner at that multiple-practitioner clinic to administer, supply or prescribe the Schedule 8 poison to or for that person; and

        (c)     the administration, supply or prescription of the Schedule 8 poison is carried out in accordance with that permit.

    (3)     Despite section 34C(2), a registered medical practitioner or a nurse practitioner at a multiple practitioner clinic is authorised to administer, supply or prescribe a Schedule 8 poison to or for a person who is not a drug-dependent person without a Schedule 8 permit in the circumstances set out in section 34C(2) if—

        (a)     the treatment is provided at the multiple-practitioner clinic; and

        (b)     a Schedule 8 permit has been issued to another registered medical practitioner or another nurse practitioner at that multiple-practitioner clinic to administer, supply or prescribe the Schedule 8 poison to or for that person; and

        (c)     the administration, supply or prescription of the Schedule 8 poison is carried out in accordance with that permit.

        34F     Exception to Schedule 8 permit requirement—patients in prisons, aged care services and hospitals

Despite sections 34B and 34C, a registered medical practitioner or a nurse practitioner is authorised to administer, supply or prescribe a Schedule 8 poison to or for a person without a Schedule 8 permit if that person is—

        (a)     a prisoner being treated in a prison for the period in prison and a period not exceeding 7 days after that prisoner's release from custody; or

        (b)     a resident being treated in an aged care service; or

        (c)     an in-patient being treated in a hospital.".