Victorian Consolidated Legislation

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

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.