DRUGS, POISONS AND CONTROLLED SUBSTANCES REGULATIONS 2006

Victorian Consolidated Regulations

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DRUGS, POISONS AND CONTROLLED SUBSTANCES REGULATIONS 2006

S.R. No. 57/2006
Version incorporating amendments as at 1 March 2009

TABLE OF PROVISIONS

Regulation Page

PART 1-PRELIMINARY

1. Objectives
2. Authorising provisions
3. Revocation
4. Definitions

PART 2-DRUGS OF DEPENDENCE, SCHEDULE 4 POISONS, SCHEDULE 8 POISONS AND SCHEDULE 9 POISONS

Division 1-Possession

5. Possession of Schedule 4 poisons, Schedule 8 poisons and Schedule 9 poisons
6. Approval of Schedule 4 poisons and Schedule 8 poisons
7. Permit required for Schedule 9 poisons

Division 2-Treatment

8. Patient identity and therapeutic need to be determined-registered medical practitioners
9. Patient identity and therapeutic need to be determined-
nurse practitioners
10. Patient identity and therapeutic need to be determined-
dentists
11. Therapeutic need to be determined-authorised optometrists
11A. Therapeutic need to be determined-authorised podiatrists
12. Patient identity and therapeutic need to be determined for
drugs of dependence-pharmacists
13. Therapeutic need to be determined-veterinary practitioners
14. Notification of fraudulent obtaining of drugs or poisons
15. Pharmacist administration, sale or supply authorised from
within Victoria
16. Supply on copy of prescription permitted in certain circumstances
17. Pharmacist administration, sale or supply authorised from
outside Victoria
18. Form of notification of a drug-dependent person
19. Form of application for Schedule 9 permit or Schedule 8
permit
20. Form of Schedule 9 permit and Schedule 8 permit
21. Permit required in particular circumstances for supply of methadone
22. Permit required in particular circumstances for supply of amphetamine, dexamphetamine, methylamphetamine and methylphenidate
22A. Applications for permits under regulations 21 or 22.
22B. Secretary may issue a Schedule 8 permit
23. Dentists not able to obtain permit for specialised supply
24. Disclosure of drug use within previous 8 weeks required

Division 3-Supply

25. Persons authorised to write prescriptions
26. Style and required particulars for prescriptions
27. Emergency directions to pharmacists regarding supply
28. Particular prescription details to be verified prior to supply
29. Containers of drugs to be labelled with certain details
30. Duration of prescriptions
31. Circumstances where prescriptions are not to be filled
32. Duty of pharmacist to notify different prescribers of similar supply
33. Retention of original prescriptions or orders once supply completed

Division 4-Storage

34. General security requirement-Schedule 4 poisons
35. Storage of Schedule 8 and Schedule 9 poisons
36. Storage requirements
37. Additional security provisions required in certain
circumstances

Division 5-Records

38. Definition of transaction
39. Persons required to keep records
40. Details to be contained in records
41. Methods by which records are to be retained and retrieved
42. Accurate records to be kept
43. Discrepancies in records to be investigated
44. Lost or stolen records to be reported

Division 6-Administration

45. Use of drugs and poisons restricted to person or animal for
whom they were supplied
46. Administration of drugs and poisons to be authorised
47. Administration of drugs and poisons by a nurse
48. Self-administration of drugs and poisons restricted
49. Administration or supply of drugs and poisons prohibited if to support drug dependency

Division 7-Destruction of Schedule 8 poisons and Schedule 9
poisons

50. Wilful destruction prohibited
51. Exceptions

Division 8-Cultivation of narcotic plants

52. Authority to cultivate narcotic plants for non-therapeutic uses

Division 9-Warrants for ovulatory stimulants, prostaglandins, retinoids and thalidomide

53. Requirement for warrants
54. Warrant number to be included in any prescription
55. Prohibition on dentists

PART 3-Repealed

56. Repealed

PART 4-SCHEDULE 3 POISONS

57. Therapeutic need to be determined-registered medical practitioners
58. Therapeutic need to be determined-nurse practitioners
59. Therapeutic need to be determined-veterinary practitioners
60. Therapeutic need to be determined-dentists
60A. Therapeutic need to be determined-authorised optometrists
60B. Therapeutic need to be determined-authorised podiatrists
61. Therapeutic need to be determined-pharmacists
62. Restrictions on storage and display
63. Requirements to supply
64. Administration or supply prohibited if to support drug dependency

PART 5-SCHEDULE 7 POISONS

65. Controls concerning listed regulated poisons
66. Storage requirements
67. Licences, permits or warrants required for special Schedule 7 substances

PART 6-GENERAL REQUIREMENTS

68. Poisons to be sold by wholesale and retail in original unopened packs
69. Transfer of poisons to inappropriate containers prohibited
70. Lost or stolen poisons to be notified
71. Access to certain poisons restricted to a needs basis
72. Form of seizure notice under section 43(1) of the Act
73. Form of complaint notice against a seizure under section 43(2)
of the Act

PART 7-LICENCES AND PERMITS ISSUED UNDER
THE ACT

74. Licence to sell or supply Schedule 2 poisons by retail
75. Fees

PART 8-TRANSITIONALS

76. Continuity of approvals, authorisations and directions
__________________
SCHEDULE 1-Revoked Statutory Rules
SCHEDULE 2-Forms
Form DP1-Notification of Drug-Dependent Person
Form DP2-Treatment with Schedule 9 Poisons by a Registered Medical Practitioner
Form DP2A-Treatment with Schedule 8 Poisons by a Registered Medical Practitioner or a Nurse Practitioner
Form DP3-Schedule 8 Permit/Schedule 9 Permit
Form DP4-Notice of Seizure
Form DP5-Notice of Complaint in Respect of a Seizure
SCHEDULE 3-Repealed
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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