Queensland Consolidated Regulations

HEALTH (DRUGS AND POISONS) REGULATION 1996 - REG 97

97 Oral instruction must be put in writing

(1) If, under this chapter, a dentist, doctor, endorsed midwife, nurse practitioner or physician’s assistant gives an authorised person an oral instruction to administer or supply a controlled drug, the dentist, doctor, endorsed midwife, nurse practitioner or physician’s assistant must put the instruction into writing within 24 hours after giving the instruction.

Penalty—

Maximum penalty—40 penalty units.

(2) If an indigenous health worker, Aboriginal and Torres Strait Islander health practitioner, isolated practice area paramedic, registered nurse or midwife acts on the oral instruction of a dentist, doctor, endorsed midwife, nurse practitioner or physician’s assistant and the dentist, doctor, endorsed midwife, nurse practitioner or physician’s assistant does not put the instruction in writing within 24 hours after giving the instruction, the indigenous health worker, paramedic, registered nurse or midwife must report the instruction to—

(a) for an instruction given at a hospital—the hospital’s director of nursing; or

(b) for an instruction given at a detention centre, nursing home or prison—the director of nursing or person in charge of the detention centre, nursing home or prison; or

(c) in any other case—the person in charge of the place.

Penalty—

Maximum penalty—40 penalty units.

(3) If a dentist, doctor, endorsed midwife, nurse practitioner or physician’s assistant contravenes subsection (1) —

(a) for an instruction given at a hospital—the hospital’s director of nursing must, within 48 hours of becoming aware of the contravention, report the circumstances to the hospital’s medical superintendent or the chief executive; or

(b) for an instruction given at a detention centre, nursing home or prison—the director of nursing or person in charge of the detention centre, nursing home or prison must, within 48 hours of becoming aware of the contravention, report the circumstances to the chief executive; or

(c) for another case—the person given the instruction must, within 48 hours of becoming aware of the contravention, report the circumstances to the chief executive.

Penalty—

Maximum penalty—40 penalty units.