POISONS AND THERAPEUTIC GOODS REGULATION 2008 - REG 103
Possession of drugs of addiction at private health facilities and residential care facilities
POISONS AND THERAPEUTIC GOODS REGULATION 2008 - REG 103
Possession of drugs of addiction at private health facilities and residential care facilities
103 Possession of drugs of addiction at private health facilities and
residential care facilities
(1) The following persons are authorised to have
possession of ampoules of morphine sulphate in a quantity not exceeding 30
ampoules, each of 1 millilitre or less, at a concentration of 30 milligrams or
less of morphine sulfate per millilitre--
(a) the director of nursing of a
private health facility,
(b) the responsible person for a residential care
facility,
(c) a registered nurse at a residential care facility, but for the
purpose only of administering doses of such drugs to individual residents of
the residential care facility.
(2) The director of nursing of a private
health facility is authorised to have possession of no more than 5 ampoules,
each of 2 millilitres or less, of pethidine hydrochloride, at a concentration
of 50 milligrams or less of pethidine hydrochloride per millilitre.
(3) Order
of Secretary--specified facilities The Secretary may, by order in writing,
authorise the possession of a drug of addiction specified in subclause (1) or
(2), in a quantity that exceeds the limit specified in subclause (1) or (2),
by the following persons--
(a) in the case of morphine sulphate--
(i) the
director of nursing of a specified private health facility, or
(ii) the
responsible person for a specified residential care facility,
(b) in the case
of pethidine hydrochloride--the director of nursing of a specified private
health facility.
(4) Order of Secretary--specified classes of facilities The
Secretary may, by order published in the Gazette, authorise the possession of
a drug of addiction specified in subclause (1) or (2), in a quantity that
exceeds the limit specified in subclause (1) or (2), by the following
persons--
(a) in the case of morphine sulphate--
(i) the director of nursing
of a specified class of private health facilities, or
(ii) the responsible
person for a specified class of residential care facilities,
(b) in the case
of pethidine hydrochloride--the director of nursing of a specified class of
private health facilities.
(5) A retail pharmacist is authorised to supply a
drug of addiction to the director of nursing of a private health facility or
residential care facility, or the residential care facility manager of a
residential care facility, but only if the drug is supplied--
(a) at the
premises of, and in the course of carrying on the business of, the pharmacy,
and
(b) in accordance with a written order signed by the director of nursing
or the residential care facility manager.
(6) The director of nursing or the
residential care facility manager must not sign an order for any quantity of a
drug of addiction if the quantity of that drug that will be in the possession
of the director of nursing or the residential care facility manager as a
result of the order being filled will be in excess of the maximum quantity
allowed by this clause.
: Maximum penalty--20 penalty units.
(7) The director
of nursing of a private health facility must not allow any drug of addiction
in his or her possession under subclause (1) or (2) to be used otherwise than
for administration to a patient in accordance with the directions of an
authorised practitioner (other than a veterinary practitioner) or by an
authorised practitioner (other than a veterinary practitioner).
: Maximum
penalty--20 penalty units.
(8) The responsible person for a residential care
facility must not allow any drug of addiction in his or her possession under
subclause (1) to be used otherwise than for administration to a resident of
the facility by a registered nurse in accordance with the directions of an
authorised practitioner (other than a veterinary practitioner) or by an
authorised practitioner (other than a veterinary practitioner).
: Maximum
penalty--20 penalty units.
(9) This clause does not limit the power of a
director of nursing or a residential care facility manager to have possession
of drugs of addiction, or to supply drugs of addiction to patients or
residents, in accordance with the Act or this Regulation.
(10) A person does
not commit an offence under this clause in relation to any pethidine
hydrochloride that was lawfully in the person's possession before the
commencement of this clause.
