35C—Supply or administration of monitored drugs—special provisions
(1) A registered
health practitioner acting in the ordinary course of the practitioner's
profession must not supply or administer a monitored drug to a person unless
the practitioner has taken all reasonable steps to check relevant information
held in the monitored drugs database relating to the person.
Maximum penalty: $5 000.
(2) A registered
health practitioner acting in the ordinary course of the practitioner's
profession must not instruct or otherwise cause another person to supply or
administer a monitored drug unless the practitioner has taken all reasonable
steps to check relevant information held in the monitored drugs database
relating to the person to whom the drug is to be supplied or administered.
Maximum penalty: $5 000.
(3) This regulation
does not apply—
(a)
where a registered health practitioner (being a prescriber) gives a
prescription for a monitored drug; or
(b)
where a monitored drug is to be dispensed on prescription; or
(c)
where a monitored drug (not being dextromoramide or pethidine) is to be
supplied or administered to a person aged 70 years or more; or
(d)
where a monitored drug (not being dextromoramide or pethidine) is to be
supplied or administered to a person and the registered health practitioner
principally responsible for treatment of the person—
(i)
reasonably believes the person's life expectancy to be
less than 12 months; and
(ii)
has informed the Minister of that belief along with the
person's name, address and date of birth; or
(e)
where a monitored drug is to be supplied or administered to a person who is
receiving treatment in a hospital or a correctional institution and the
duration of treatment of the person with the drug while the person is in the
hospital or correctional institution does not exceed 14 days; or
(f)
where a monitored drug is to be supplied or administered to a person who is
being discharged from a hospital following treatment in the hospital and the
duration of treatment of the person with the drug after discharge does not
exceed 14 days; or
(g) to a
registered health practitioner supplying or administering a monitored drug on
the lawful instruction of another person; or
(h) to a
registered health practitioner who, on the lawful instruction of another
person, instructs or otherwise causes another registered health practitioner
to supply or administer a monitored drug; or
(i)
to a person registered under the Health Practitioner
Regulation National Law to practice in the paramedicine profession as a
paramedic who is acting in the ordinary course of that profession.
(4) A reference in
this regulation to a "registered health practitioner will be taken to include
a person, or person of a class, specified by the Minister by notice in the
Gazette for the purposes of this subregulation.