DRUGS, POISONS AND CONTROLLED SUBSTANCES REGULATIONS 2017

Victorian Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Download] [Help]

DRUGS, POISONS AND CONTROLLED SUBSTANCES REGULATIONS 2017

TABLE OF PROVISIONS

1. Objectives
2. Authorising provisions
3. Commencement
4. Revocations
5. Definitions
6. Meaning of chart instruction

PART 1--POSSESSION

7. Persons authorised to possess Schedule 4, 8 and 9 poisons
8. Possession of Schedule 4, 8 and 9 poisons by nurse or registered midwife
8A. Possession of Schedule 4 and 8 poisons by an approved registered nurse or approved registered midwife
9. Dentist must not possess methadone
9A. Person must not possess Schedule 8 MDMA or Schedule 8 psilocybine

PART 2--PERMITS AND FORMS

Division 1--Special Schedule 8 permits

10. When special Schedule 8 permit required
11. Application for special Schedule 8 permit
12. Special Schedule 8 permit
12A. Permits relating to Schedule 8 cannabis and Schedule 8 tetrahydrocannabinol

Division 2--General Schedule 9 permits

13. Application for general Schedule 9 permit
14. General Schedule 9 permit
15. General Schedule 9 permit is not limited to specific animals

Division 3--Schedule 9 permit

15A. Documents to accompany application for Schedule 9 permit
15B. Schedule 9 permits issued for clinical trials only

PART 3--PRESCRIPTIONS

16. Persons authorised to issue prescriptions
17. Issuing prescription for Schedule 4, 8 or 9 poison—registered medical practitioner
17A. Notice to Secretary of intention to prescribe, authorise administration, or administer Schedule 8 MDMA or Schedule 8 psilocybine
18. Issuing prescription for Schedule 4, 8 or 9 poison—dentist
19. Issuing prescription for Schedule 4, 8 or 9 poison—veterinary practitioner
20. Issuing prescription for Schedule 4 or 8 poison—nurse practitioner
21. Issuing prescription for Schedule 4 or 8 poison—authorised midwife
22. Issuing prescription for Schedule 4 poison—authorised optometrist
23. Issuing prescription for Schedule 4 poison—authorised podiatrist
24. Required form for issuing prescriptions
25. Emergency verbal instructions to pharmacists regarding supply
25A. Emergency transmission of digital image to pharmacists regarding supply
26. Notification of fraudulent obtaining of order or prescription

PART 4--STOCK FOOD ORDERS AND CHART INSTRUCTIONS

Division 1--Stock food orders

27. Veterinary practitioner order to supply stock food containing a Schedule 4 poison

Division 2--Chart instructions

28. Persons authorised to write chart instruction on hospital medication chart
29. Persons authorised to write chart instruction on residential medication chart
30. When registered medical practitioner may write chart instruction on hospital medication chart
30A. When registered medical practitioner may write chart instruction on residential medication chart
31. When dentist may write chart instruction on hospital medication chart
31A. When dentist may write chart instruction on residential medication chart
32. When nurse practitioner may write chart instruction on hospital medication chart
32A. When nurse practitioner may write chart instruction on residential medication chart
33. When authorised midwife may write chart instruction
34. When authorised optometrist may write chart instruction
35. When authorised podiatrist may write chart instruction

PART 5--SALE AND SUPPLY BY PRACTITIONERS OTHER THAN PHARMACISTS

35A. Part does not apply to drug-checking services
36. Sale or supply of Schedule 4, 8 or 9 poison—registered medical practitioner
36A. Supply of Schedule 8 MDMA or Schedule 8 psilocybine—authorised psychedelic psychiatrist and certain registered medical practitioners
37. Sale or supply of Schedule 4, 8 or 9 poison—dentist
38. Sale or supply of Schedule 4, 8 or 9 poison—veterinary practitioner
39. Sale or supply of Schedule 4 or 8 poison—nurse practitioner or authorised registered nurse
39A. Sale or supply of Schedule 4 or 8 poison—approved registered nurse
40. Sale or supply of Schedule 4 or 8 poison—authorised midwife
40A. Sale or supply of Schedule 4 or 8 poison—approved registered midwife
41. Sale or supply of Schedule 4 poison—authorised optometrist
42. Sale or supply of Schedule 4 poison—authorised podiatrist
43. Poison not to be sold or supplied unless supplementary labelling requirements complied with
44. Notification of fraudulent obtaining of poison

PART 6--SALE AND SUPPLY BY PHARMACISTS

Division 1--Circumstances of sale or supply

44A. Part does not apply to drug-checking services
45. Sale or supply of drug of dependence by pharmacist other than by wholesale or on prescription or chart instruction
46. Wholesale supply of Schedule 9 poison by pharmacist to another pharmacist
47. Sale or supply of Schedule 4 poison by pharmacist
48. Sale or supply of Schedule 8 poison by pharmacist
49. Sale or supply of Schedule 9 poison by pharmacist
50. Restrictions on pharmacist selling or supplying Schedule 4 poison on prescription
51. Restrictions on pharmacist selling or supplying Schedule 8 poison on prescription
52. Restrictions on pharmacist selling or supplying Schedule 9 poison on prescription
53. Exceptional circumstances in which pharmacist may sell or supply Schedule 4 poison or Schedule 8 poison contrary to instructions on prescription
54. Sale or supply of Schedule 4 poison or Schedule 8 poison in accordance with hospital medication chart
55. Sale or supply of Schedule 4 poison in accordance with residential medication chart
55A. Sale or supply of Schedule 8 poison in accordance with residential medication chart that is an electronic medication chart
56. Sale or supply of Schedule 4 poison by pharmacist in emergency
57. Sale or supply of Schedule 4 poison by pharmacist for continuity of treatment
57A. Sale or supply of Schedule 4 poison by pharmacist for treatment of a person under the pharmacist's care without prescription or other instruction or authorisation
58. Poison not to be sold or supplied unless supplementary labelling requirements complied with

Division 2--Duties of pharmacist relating to sale or supply

59. Division does not authorise supply on copy of prescription
60. Pharmacist must mark prescription
61. Pharmacist must mark hospital medication chart after supplying Schedule 4 or 8 poison on chart instruction
62. Pharmacist must mark residential medication chart after supplying Schedule 4 or 8 poison on chart instruction
63. Pharmacist must retain prescription for Schedule 8 poison when supplying without verifying the prescriber
64. Pharmacist must retain or further mark prescriptions for Schedule 8 poisons
65. Pharmacist must retain or further mark prescriptions for Schedule 9 poisons
66. Manner of retention of prescriptions retained after last supply is made
67. Pharmacist must produce prescriptions kept under Commonwealth Regulations
68. Pharmacist must notify prescriber if prescription departed from
69. Notification of fraudulent obtaining of poison
70. Pharmacist must notify different authorised prescribers of similar supply of certain Schedule 4 or 8 poisons
71. Pharmacist must notify different authorised prescribers of similar supply—Schedule 9 poisons

PART 7--LABELLING AND STORAGE

Division 1--Labelling

72. Supplementary labelling requirements

Division 2--Storage

73. General security requirement—Schedule 4 poisons
74. Storage of Schedule 8 and 9 poisons and drugs of dependence
75. Storage requirements for aged care providers and other authorised persons
76. Additional security provisions required in certain circumstances

PART 8--AUTHORISING ADMINISTRATION

77. Persons who may authorise administration
78. Authorising administration of Schedule 4, 8 or 9 poison—registered medical practitioner
78A. Authorising administration of Schedule 8 MDMA or Schedule 8 psilocybine—authorised psychedelic psychiatrist and certain registered medical practitioners
79. Authorising administration of Schedule 4, 8 or 9 poison—dentist
80. Authorising administration of Schedule 4 or 8 poison—nurse practitioner
81. Authorising administration of Schedule 4 or 8 poison—authorised midwife
82. Authorising administration of Schedule 4 poison—authorised optometrist
83. Authorising administration of Schedule 4 poison—authorised podiatrist
84. How registered medical practitioner or dentist must authorise administration of Schedule 4, 8 or 9 poison
85. How nurse practitioner or authorised midwife must authorise administration of Schedule 4 or 8 poison
86. How authorised optometrist or authorised podiatrist must authorise administration of Schedule 4 poison

PART 9--ADMINISTRATION BY PRACTITIONERS OTHER THAN PHARMACISTS

87. Part not to apply to self-administration
88. Administration of Schedule 4, 8 or 9 poison—registered medical practitioner
89. Administration of Schedule 4, 8 or 9 poison—dentist
90. Administration of Schedule 4, 8 or 9 poison—veterinary practitioner
91. Administration of Schedule 4, 8 or 9 poison—nurse practitioner
92. Administration of Schedule 4, 8 or 9 poison—authorised registered nurse
92A. Administration of Schedule 4, 8 or 9 poison—approved registered nurse
93. Administration of Schedule 4, 8 or 9 poison—authorised midwife
93A. Administration of Schedule 4, 8 or 9 poison—approved registered midwife
94. Administration of Schedule 4 poison—authorised optometrist
95. Administration of Schedule 4 poison—authorised podiatrist
96. Administration of Schedule 4 poison—nurse or registered midwife
97. Administration of Schedule 8 poison—nurse or registered midwife
98. Administration of Schedule 9 poison—nurse or registered midwife
98A. Administration of Schedule 8 MDMA or Schedule 8 psilocybine—authorised psychedelic psychiatrists and certain registered medical practitioners
98B. Administration of Schedule 8 MDMA or Schedule 8 psilocybine—nurse or nurse practitioner

PART 10--ADMINISTRATION BY PHARMACISTS

99. Administration of Schedule 4 poison by pharmacist
99A. Circumstances in which pharmacist may administer Schedule 4 poison to a person without instruction
99B. Circumstances in which pharmacist may administer Schedule 4 poison for treatment of a person under the pharmacist's care without prescription or other instruction or authorisation
100. Administration of Schedule 8 poison by pharmacist
101. Administration of Schedule 9 poison by pharmacist

PART 11--ADMINISTRATION BY PERSONS OTHERTHAN PHARMACISTS AND OTHER PRACTITIONERS

102. Part not to apply to pharmacists and other practitioners
103. Person must not administer Schedule 4, 8 or 9 poison to another person except as specified
104. Person must not administer Schedule 4, 8 or 9 poison to an animal except as specified

PART 12--SELF-ADMINISTRATION

105. Person must not self-administer Schedule 4, 8 or 9 poison except as specified

PART 13--RECORDS

106. Definition of transaction
107. Persons required to keep records
108. Details to be contained in records
109. Methods by which records are to be retained and retrieved
110. Exception for aged care services
111. Accurate records to be kept
112. Discrepancies in records to be investigated
113. Lost or stolen records to be reported

PART 14--DESTRUCTION OF SCHEDULE 8 POISONS AND SCHEDULE 9 POISONS

114. Wilful destruction prohibited
115. Exceptions

PART 15--CULTIVATION OF NARCOTIC PLANTS

116. Authority to cultivate narcotic plants for
117. Authority to possess narcotic plant

PART 16--WARRANTS FOR OVULATORY STIMULANTS,PROSTAGLANDINS, RETINOIDS AND THALIDOMIDE

118. Application of Part
119. Certain practitioners not to deal with substance
120. Dealing with substance—registered medical practitioner
121. Dealing with substance—nurse practitioner
121A. Dealing with substance—authorised registered nurse
121B. Dealing with substance—approved registered nurse
122. Dealing with substance—authorised midwife
122A. Dealing with substance—approved registered midwife
123. Effect of direction given to registered medical practitioner
124. Effect of direction given to nurse practitioner
125. Warrant number to be included in any prescription

PART 17--USE OF PREMISES--DRUGS OF DEPENDENCE

126. Authority to permit use of premises—owners and occupiers

PART 18--FORMS

128. Form of application for Schedule 9 permit
129. Form of application for Schedule 8 permit
130. Form of Schedule 9 permit
131. Form of Schedule 8 permit

PART 19--MISCELLANEOUS

132. Disclosure of drug use within previous 8 weeks required

PART 20--MONITORED POISONS DATABASE

132A. Data source entity
132B. Monitored poison
132C. Monitored supply poison
132D. Pharmacist to provide certain supply information to prescription exchange service
132E. Records and information to be provided to the monitored poisons database
132F. Circumstances where it is not mandatory for pharmacist to check monitored poisons database—certain classes of person
132G. Circumstances where it is not mandatory to check monitored poisons database—certain classes of person
132H. Circumstances where it is not mandatory to check monitored poisons database—incurable medical condition
132I. Circumstances where it is not mandatory to check monitored poisons database—drug-checking services

PART 1--SCHEDULE 2 POISONS

133. Boat captain authorised to obtain or possess Schedule 2 poison
133AA. Holder of non-emergency patient transport service licence or first aid service licence authorised to obtain and possess Schedule 2 poison
133A. Possession of a Schedule 2 poison by an approved registered nurse or approved registered midwife
133B. Restrictions on dealing with Schedule 2 poison—approved registered nurse
133C. Restrictions on dealing with Schedule 2 poison—approved registered midwife

PART 2--SCHEDULE 3 POISONS

133D. Possession of a Schedule 3 poison by an approved registered nurse or approved registered midwife
133E. Holder of non-emergency patient transport service licence or first aid service licence authorised to obtain and possess Schedule 3 poison
133F. Possession and supply of Schedule 3 naloxone by approved naloxone provider
133G. Possession and supply of Schedule 3 naloxone by approved naloxone worker
133H. Possession and supply of Schedule 3 naloxone by person to whom it is supplied by approved naloxone worker
134. Restrictions on dealing with Schedule 3 poison—registered medical practitioner
135. Restrictions on dealing with Schedule 3 poison—veterinary practitioner
136. Restrictions on dealing with Schedule 3 poison—dentist
137. Restrictions on dealing with Schedule 3 poison—nurse practitioner
137A. Sale, supply or administration of Schedule 3 poison—authorised registered nurse
137B. Sale, supply or administration of Schedule 3 poison—approved registered nurse
138. Restrictions on dealing with Schedule 3 poison—authorised midwife
138A. Sale, supply or administration of Schedule 3 poison—approved registered midwife
139. Restrictions on dealing with Schedule 3 poison—authorised optometrist
140. Restrictions on dealing with Schedule 3 poison—authorised podiatrist
141. Restrictions on dealing with Schedule 3 poison—pharmacist
143. Restrictions on storage and display
144. Requirements to supply—delivery, supervision and directions for use
145. Requirements to supply—label identifying supplier
146. Administration, prescription, sale or supply prohibited if to support drug dependency
147. Notification of fraudulent obtaining of order or prescription

PART 3--SCHEDULE 7 POISONS

148. Controls concerning listed regulated poisons
149. Licences, permits or warrants required for special Schedule 7 substances
149A. Prescribed injecting centre drugs
149B. Permitted quantity of injecting centre drugs
149C. Internal management protocols
149D. Interpretation
149E. Prescribed requirements for drug‑checking directors
149F. Prescribed qualifications for special drug‑checking workers
149G. Conditions of drug-checking permit—record-keeping
149H. Storage of substances
149I. Additional security provisions required in certain circumstances
149J. Destruction of drug-checking substances
149K. Fit and proper person consultation
149L. Secretary must allow time for Chief Commissioner of Police to give advice
149M. Matters the Secretary must consider before issuing drug-checking permit
149N. Fit and proper person requirements

PART 1--GENERAL REQUIREMENTS

150. Poisons to be sold by wholesale and retail in original unopened packs
151. Transfer of poisons to inappropriate containers prohibited
152. Lost or stolen substances to be notified—practitioners
153. Lost or stolen poisons to be notified—other persons
154. Access to certain poisons restricted to a needs basis
155. Form of seizure notice under section 43(1) of the Act
156. Form of complaint notice against a seizure under section 43(2) of the Act

PART 2--LICENCES AND PERMITS ISSUED UNDER THE ACT

157. Licence to sell or supply Schedule 2 poisons by retail
158. Fees

PART 3--OTHER MATTERS

Division 1--Approval of matters by Minister

159. Minister may approve Schedule 4 poison for supply by pharmacist without prescription

Division 2--Approval of matters by Secretary

159A. Secretary may approve dental assisting qualifications and courses in the administration of Schedule 4 poisons
159B. Approved registered midwives
159C. Approved registered nurses
160. Secretary may approve Schedule 4 poisons for possession by certain persons
160A. Secretary may approve an entity to be a public dental service
161. Secretary may approve Schedule 4, 8 or 9 poisons for possession by nurses or registered midwives
161A. Secretary may approve Schedule 4 or Schedule 8 poisons for obtaining, possession, sale, supply or administration by approved registered nurses or approved registered midwives
161B. Secretary may approve Schedule 2 poisons for obtaining, possession, sale, supply or administration by approved registered nurses or approved registered midwives
161C. Secretary may approve Schedule 3 poisons for obtaining, possession, sale, supply or administration by approved registered nurses or approved registered midwives
161D. Approved naloxone providers
161E. Approved naloxone workers
162. Secretary may approve manner in which person may write a prescription
163. Secretary may approve Schedule 4 poison that pharmacist may administer to a person without instruction
163A. Secretary may approve Schedule 4 poison that pharmacist may sell, supply or administer for treatment of a person under the pharmacist's care without prescription or other instruction or authorisation
163B. Secretary may approve qualification of special drug-checking worker

PART 4--TRANSITIONAL PROVISIONS

164. Definitions
165. Approval of poisons for possession by nurses and registered midwives
166. Approval of poisons for persons specified in table
167. Permit to deal with Schedule 9 poison
168. Approval of Schedule 4 poison as suitable for supply without prescription
169. Permits relating to special Schedule 8 poisons
170. Approval of manner of writing for prescription
171. Security directions and approvals
172. Approval of Schedule 4 poison for administration by pharmacist without instruction
173. Direction to comply with destruction requirements
174. Authority to cultivate narcotic plants for non‑therapeutic uses
SCHEDULE 1
SCHEDULE 2
SCHEDULE 8
ENDNOTES

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback