Victorian Current Acts

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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 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.

S. 34D inserted by No. 17/2008 s. 8, substituted by No. 50/2017 s. 9.



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