Victorian Consolidated Regulations Victorian Consolidated Regulations(1) This regulation applies to—
(a) a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse practitioner or authorised midwife; and
(b) a person holding a licence, permit or warrant to manufacture, sell, supply, purchase or otherwise obtain, possess, administer or use a Schedule 8 poison or a Schedule 9 poison; and
Reg. 74(1)(c) amended by S.R. No. 13/2021 reg. 14(1).
(c) a nurse or registered midwife authorised under regulation 8 to be in possession of a Schedule 8 poison or a Schedule 9 poison; and
Reg. 74(1)(d) inserted by S.R. No. 13/2021 reg. 14(2).
(d) an approved registered nurse or approved registered midwife authorised under regulation 8A to be in possession of a Schedule 8 poison.
Reg. 74(2) amended by S.R. No. 13/2021 reg. 14(3).
(2) Subject to subregulation (3), a person to whom this regulation applies must store any Schedule 8 poisons or Schedule 9 poisons that the person possesses (other than in accordance with items 6, 7, 8 or 9 in Part 1 of the Table in regulation 7) in a lockable storage facility that provides security at least equivalent to a storage facility that is—
(a) constructed of mild steel plate of 10 mm thickness; and
(b) constructed with continuous welding of all edges; and
(c) fitted with a door constructed of mild steel plate of 10 mm thickness, swung on hinges welded to the door and body of the cabinet, the door being flush fitting with a clearance around the door of not more than 1·5 mm; and
(d) fitted with a fixed locking bar, welded to the inside face of the door near the hinge edge, which engages in a rebate when the door is closed; and
(e) fitted with a 6 lever lock securely affixed to the rear face of the door; and
(f) securely attached to a wall or floor in such a manner that it will resist attack by hand tools for 30 minutes or power tools for 5 minutes.
(3) Electronic storage and recording equipment may be used as a storage facility for Schedule 8 poisons if—
(a) the person providing the storage facility—
(i) holds a permit for the provision of health services under the Act and treats patients on-site; or
(ii) is a pharmacist practising in a pharmacy co-located with a health services permit holder providing health services under the Act and treating patients on-site; and
(b) the person has determined that use of the electronic storage and recording equipment provides at least equivalent security as that provided for under subregulation (2); and
(c) the person provides electronic storage and recording equipment where—
(i) access to the equipment is restricted to persons who are given access rights for Schedule 8 poisons by the system administrator; and
(ii) access is restricted to the Schedule 8 poisons specified by the person given access rights; and
(iii) in-built features of the equipment that record and report access, attempted access and discrepancies are turned on; and
(iv) the equipment gives visual, electronic or audible alerts if it is left open, damaged or disconnected from the power supply; and
(v) the equipment automatically locks if the power is disconnected; and
(vi) the equipment generates reports or notices for the system administrator to track discrepancies and security breaches such as unauthorised movement or forced entry.
(4) For the purpose of preventing unauthorised access to Schedule 8 poisons and Schedule 9 poisons, a person to whom this regulation applies must take all reasonable steps to ensure that the storage facility remains locked and secured at all times, except when it is necessary to open it to carry out an essential operation in connection with the poisons stored in it.
Penalty: 100 penalty units.
(5) A person to whom this regulation applies must take all reasonable steps to ensure that the storage facility referred to in subregulation (2) is used only for the storage of Schedule 8 poisons, Schedule 9 poisons and drugs of dependence.
Penalty: 100 penalty units.
Reg. 74(6) substituted by S.R. No. 13/2021 reg. 14(4).
(6) A person to whom this regulation applies must keep each Schedule 8 poison or Schedule 9 poison that—
(a) the person possesses (other than in accordance with items 6, 7, 8 or 9 in Part 1 of the Table in regulation 7); and
(b) is being transported for use in another place—
in a locked storage facility which is secured to prevent unauthorised access to those poisons.
Penalty: 100 penalty units.
(7) Despite subregulation (2), a person to whom this regulation applies may keep a Schedule 8 poison in divided doses in a lockable storage facility that does not meet the requirements of subregulation (2) for use in an emergency if the total number of divided doses of Schedule 8 poisons in that facility does not exceed 6.
Reg. 75 (Heading) substituted by S.R. No. 13/2021 reg. 15(1).