Drugs, Poisons and Controlled Substances Regulations 2006

i Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provisions 2 3. Revocation 2 4. Definitions 2 PART 2—DRUGS OF DEPENDENCE, SCHEDULE 4 POISONS, SCHEDULE 8 POISONS AND SCHEDULE 9 POISONS 5 Division 1—Possession 5 5. Possession of Schedule 4 poisons, Schedule 8 poisons and Schedule 9 poisons 5 6. Approval of Schedule 4 poisons and Schedule 8 poisons 12 7. Permit required for Schedule 9 poisons 13 Division 2—Treatment 13 8. Patient identity and therapeutic need to be determined— registered medical practitioners 13 9. Patient identity and therapeutic need to be determined—nurse practitioners 14 10. Patient identity and therapeutic need to be determined— dentists 14 11. Therapeutic need to be determined—authorised optometrists 15 12. Patient identity and therapeutic need to be determined for drugs of dependence—pharmacists 15 13. Therapeutic need to be determined—veterinary practitioners 16 14. Notification of fraudulent obtaining of drugs or poisons 17 15. Pharmacist administration, sale or supply authorised from within Victoria 18 16. Supply on copy of prescription permitted in certain circumstances 20 17. Pharmacist administration, sale or supply authorised from outside Victoria 20 -- 1 of 101 -- Regulation Page ii 18. Form of notification under section 33(1) of the Act 21 19. Form of application and notification under sections 33(2) and 33(3) of the Act 21 20. Form of permit under section 34 of the Act 21 21. Permit required in particular circumstances for specialised supply 21 22. Permit required in particular circumstances for specialised supply 22 23. Dentists not able to obtain permit for specialised supply 23 24. Disclosure of drug use within previous 8 weeks required 23 Division 3—Supply 24 25. Persons authorised to write prescriptions 24 26. Style and required particulars for prescriptions 25 27. Emergency directions to pharmacists regarding supply 28 28. Particular prescription details to be verified prior to supply 29 29. Containers of drugs to be labelled with certain details 29 30. Duration of prescriptions 33 31. Circumstances where prescriptions are not to be filled 34 32. Duty of pharmacist to notify different prescribers of similar supply 34 33. Retention of original prescriptions or orders once supply completed 35 Division 4—Storage 36 34. General security requirement—Schedule 4 poisons 36 35. Storage of Schedule 8 and Schedule 9 poisons 37 36. Storage requirements 39 37. Additional security provisions required in certain circumstances 40 Division 5—Records 42 38. Definition of transaction 42 39. Persons required to keep records 42 40. Details to be contained in records 43 41. Methods by which records are to be retained and retrieved 44 42. Accurate records to be kept 46 43. Discrepancies in records to be investigated 46 44. Lost or stolen records to be reported 46 Division 6—Administration 47 45. Use of drugs and poisons restricted to person or animal for whom they were supplied 47 46. Administration of drugs and poisons to be authorised 47 47. Administration of drugs and poisons by a nurse 49 48. Self-administration of drugs and poisons restricted 52 49. Administration or supply of drugs and poisons prohibited if to support drug dependency 53 -- 2 of 101 -- Regulation Page iii Division 7—Destruction of Schedule 8 Poisons and Schedule 9 Poisons 53 50. Wilful destruction prohibited 53 51. Exceptions 53 Division 8—Cultivation of Narcotic Plants 56 52. Authority to cultivate narcotic plants for non-therapeutic uses 56 Division 9—Warrants for Ovulatory Stimulants, Prostaglandins, Retinoids and Thalidomide 56 53. Requirement for warrants 56 54. Warrant number to be included in any prescription 57 55. Prohibition on dentists 57 PART 3—PRESCRIBED POISONS FOR CATEGORIES OF NURSE PRACTITIONER 58 56. Prescribed poisons related to certain categories of nurse practitioner 58 PART 4—SCHEDULE 3 POISONS 60 57. Therapeutic need to be determined—registered medical practitioners 60 58. Therapeutic need to be determined—nurse practitioners 60 59. Therapeutic need to be determined—veterinary practitioners 60 60. Therapeutic need to be determined—dentists 61 61. Therapeutic need to be determined—pharmacists 61 62. Restrictions on storage and display 61 63. Requirements to supply 62 64. Administration or supply prohibited if to support drug dependency 62 PART 5—SCHEDULE 7 POISONS 63 65. Controls concerning listed regulated poisons 63 66. Storage requirements 63 67. Licences, permits or warrants required for special Schedule 7 substances 63 -- 3 of 101 -- Regulation Page iv PART 6—GENERAL REQUIREMENTS 64 68. Poisons to be sold by wholesale and retail in original unopened packs 64 69. Transfer of poisons to inappropriate containers prohibited 64 70. Lost or stolen poisons to be notified 65 71. Access to certain poisons restricted to a needs basis 66 72. Form of seizure notice under section 43(1) of the Act 66 73. Form of complaint notice against a seizure under section 43(2) of the Act 66 PART 7—LICENCES AND PERMITS ISSUED UNDER THE ACT 67 74. Licence to sell or supply Schedule 2 poisons by retail 67 75. Fees 67 PART 8—TRANSITIONALS 75 76. Continuity of approvals, authorisations and directions 75 __________________ SCHEDULES 77 SCHEDULE 1—Revoked Statutory Rules 77 SCHEDULE 2—Forms 79 Form DP1—Notification of Drug Dependent Person 79 Form DP2—Treatment with Schedule 8 Poisons or Schedule 9 Poisons by a Registered Medical Practitioner or Schedule 8 Poisons by a Nurse Practitioner 80 Form DP3—Permit to Administer, Prescribe or Supply a Schedule 8 Poison or Schedule 9 Poison by a Registered medical practitioner or a Schedule 8 Poison by a Nurse Practitioner 83 Form DP4—Notice of Seizure 84 Form DP5—Notice of Complaint in Respect of a Seizure 85 SCHEDULE 3 86 ═══════════════ ENDNOTES 90 INDEX 92 -- 4 of 101 -- 1 STATUTORY RULES 2006 S.R. No. 57/2006 Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances Regulations 2006 The Governor in Council makes the following Regulations: Dated: 25 May 2006 Responsible Minister: BRONWYN PIKE Minister for Health RUTH LEACH Clerk of the Executive Council PART 1—PRELIMINARY 1. Objectives The objectives of these Regulations are to— (a) facilitate and enhance the orderly sale, supply, prescribing, administration and use of drugs, poisons and controlled substances by health professionals, authorised persons, licensed or permitted persons and the general public; and (b) prescribe fees relating to the provision of licences and permits issued under the Drugs, Poisons and Controlled Substances Act 1981; and -- 5 of 101 -- Part 1—Preliminary Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 2 (c) prescribe forms and other matters necessary to be prescribed for the purposes of the Drugs, Poisons and Controlled Substances Act 1981. 2. Authorising provisions These Regulations are made under sections 129, 131, 132, 132A and 132B of the Drugs, Poisons and Controlled Substances Act 1981. 3. Revocation The regulations set out in Schedule 1 are revoked. 4. Definitions In these Regulations— "aged care service" has the same meaning as it has in the Aged Care Act 1997 of the Commonwealth; "animal" includes any bird, fish or insect; "approved" means approved in writing by the Secretary; "approved provider" has the same meaning as it has in the Aged Care Act 1997 of the Commonwealth; "Australian Orthoptic Board" means a committee constituted of the directors of the Australian Orthoptists Registration Body Pty Ltd; "authorised optometrist" means a registered optometrist whose registration is endorsed under section 11 of the Optometrists Registration Act 1996; "high level of residential care" has the same meaning as it has in the Aged Care Act 1997 of the Commonwealth; r. 2 -- 6 of 101 -- Part 1—Preliminary Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 3 "listed regulated poison" means a Schedule 7 poison that is included in Part 2 of Chapter 1 of the Poisons Code in the list of substances that are not for general sale by retail; "nurse" means— (a) a person registered in division 1, division 3 or division 4 of the register of nurses established under the Nurses Act 1993; or (b) a person registered in division 2 of that register whose registration is endorsed under section 8C of that Act; "orthoptist" means a person who is registered as an orthoptist with the Australian Orthoptic Board; "ovulatory stimulant" means a substance listed as an ovulatory stimulant in Part 2 of Chapter 1 of the Poisons Code; "palliative care service" means a service which provides medical and nursing care to persons who are terminally ill; "pharmacy" has the same meaning as it has in the Pharmacy Practice Act 2004; "pharmacy business" has the same meaning as it has in the Pharmacy Practice Act 2004; "pharmacy department" has the same meaning as it has in the Pharmacy Practice Act 2004; "podiatrist" means a person registered as a podiatrist under the Podiatrists Registration Act 1997; "prostaglandin" means a substance listed as a prostaglandin in Part 2 of Chapter 1 of the Poisons Code; r. 4 -- 7 of 101 -- Part 1—Preliminary Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 4 "registered dental auxiliary" has the same meaning as it has in the Dental Practice Act 1999; "retinoid" means a substance listed as a retinoid in Part 2 of Chapter 1 of the Poisons Code; "special Schedule 7 substance" means a substance listed as a special Schedule 7 substance in Part 2 of Chapter 1 of the Poisons Code; "storage facility" includes a cabinet, receptacle, cupboard, refrigerator or room; "the Act" means the Drugs, Poisons and Controlled Substances Act 1981. __________________ r. 4 -- 8 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 5 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 (1) A person or class of persons shown in an item in Column 1 of the following table is authorised to have in his or her possession a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison to the extent shown in Column 2. TABLE Column 1 Column 2 PART 1 1. A person who holds or who is the agent of a person who holds a licence, permit or warrant issued under the Act or these Regulations. Those Schedule 4 poisons, Schedule 8 poisons or Schedule 9 poisons named on the licence, permit or warrant to the extent and for the purpose specified in the licence, permit or warrant. 2. A person who is a carrier, a carrier's employee or a messenger. For the purposes of delivery to the person to whom the consignment is addressed, those Schedule 4 poisons, Schedule 8 poisons or Schedule 9 poisons consigned by— r. 5 -- 9 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 6 Column 1 Column 2 (a) a person holding a licence or permit under the Act or these Regulations; or (b) in the case of a Schedule 9 poison, a registered medical practitioner, pharmacist, veterinary practitioner or dentist; or (c) in the case of a Schedule 8 poison, a registered medical practitioner, pharmacist, veterinary practitioner, dentist or nurse practitioner; or (d) in the case of a Schedule 4 poison, a registered medical practitioner, pharmacist, veterinary practitioner, dentist or nurse practitioner; or r. 5 -- 10 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 7 Column 1 Column 2 (e) in the case of a Schedule 4 poison specified in his or her endorsement of registration, an authorised optometrist. 3. A person for whom a Schedule 9 poison has been supplied by a registered medical practitioner, pharmacist or dentist in accordance with the Act and these Regulations. That Schedule 9 poison to the extent and for the purpose for which it is supplied. 4. A person for whom a Schedule 8 poison has been supplied by a registered medical practitioner, pharmacist, dentist or nurse practitioner in accordance with the Act and these Regulations. That Schedule 8 poison to the extent and for the purpose for which it is supplied. 5. A person for whom a Schedule 4 poison has been supplied by a registered medical practitioner, pharmacist, dentist or nurse practitioner in accordance with the Act and these Regulations. That Schedule 4 poison to the extent and for the purpose for which it was supplied. 6. A person for whom a Schedule 4 poison has been supplied in accordance with the Act and these Regulations by an authorised optometrist whose endorsement of registration specifies that Schedule 4 poison. That Schedule 4 poison to the extent and for the purpose for which it is supplied. r. 5 -- 11 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 8 Column 1 Column 2 7. The agent or a person who has the care of, or who is assisting in the care of, a person referred to in item 3, 4, 5 or 6. That Schedule 4 poison, Schedule 8 poison, or Schedule 9 poison to the extent and for the purpose for which it is supplied. 8. An owner of, or a person having custody or care of, an animal for which a Schedule 4 poison or Schedule 8 poison has been supplied by a veterinary practitioner or pharmacist in accordance with the Act and these Regulations. That Schedule 4 poison or Schedule 8 poison to the extent and for the purpose for which it is supplied. 9. An owner or person having custody or care of a flock or herd of animals for which a Schedule 4 poison has been supplied by wholesale in a stockfeed on the order of a veterinary practitioner for the treatment of that flock or herd of animals in accordance with the Act or these Regulations. That Schedule 4 poison to the extent and for the purpose for which it is supplied. PART 2 10. An operational staff member within the meaning of the Ambulance Services Act 1986. Those Schedule 4 poisons or Schedule 8 poisons listed in the health services permit held by that ambulance service within the meaning of the Ambulance Services Act 1986. r. 5 -- 12 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 9 Column 1 Column 2 11. A member of St John Ambulance Australia (Vic.) recognised by that organisation as qualified to Advanced First Aid level. Those Schedule 4 poisons listed in the health services permit held by St John Ambulance Australia (Vic.). 12. A master or chief officer of a ship in port in Victoria. Those Schedule 4 poisons or Schedule 8 poisons that are required by State, Commonwealth or international law to complete the equipment of that ship. 13. A yacht owner or crew member who is a member of Yachting Australia and whose yacht is entered in a race conducted under the rules of Yachting Australia. Those Schedule 4 poisons or Schedule 8 poisons contained in the Medical Kit for the Yachting Australia Race Category in which the yacht is entered. 14. A registered optometrist carrying on the lawful practice of his or her profession. Those Schedule 4 poisons approved by the Secretary that are required in the practice of his or her profession for use in the eyes of patients. 15. A podiatrist carrying on the lawful practice of his or her profession. Those Schedule 4 poisons approved by the Secretary that are required in the practice of his or her profession for the treatment of conditions of the human foot. r. 5 -- 13 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 10 Column 1 Column 2 16. A person who holds a permit to use etorphine in accordance with the Act and these Regulations or a person assisting that permit holder. Those morphine antagonists that are necessary for administration as an antidote to etorphine. 17. An Australian Ski Patrol Association Inc. qualified ski patroller. Those Schedule 4 poisons approved by the Secretary that are required in the performance of a ski patroller's duties for the treatment of emergencies. 18. A Director of State Emergency Services. Those Schedule 4 poisons or Schedule 8 poisons that are required in the performance of his or her duties in an emergency coming within his or her jurisdiction. 19. A municipal council, an environmental health officer or a nurse employed or appointed by a municipal council. Those Schedule 4 poisons that are necessary for immunisation programs coordinated by a municipal council in accordance with its functions under the Health Act 1958. 20. A registered dental auxiliary. Those Schedule 4 poisons approved by the Secretary that are required for the provision of dental care by the registered dental auxiliary. r. 5 -- 14 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 11 Column 1 Column 2 21. An orthoptist practising under the direction of a registered medical practitioner or an authorised optometrist. Those Schedule 4 poisons that are local anaesthetics and cycloplegics in topical ophthalmic preparations for the use in the eyes of patients. (2) A nurse is authorised to possess those Schedule 4 poisons, Schedule 8 poisons or Schedule 9 poisons that are necessary for administration to a patient under the care of that nurse in accordance with— (a) the instructions of and upon the authorisation for that patient by— (i) in the case of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison, a registered medical practitioner or dentist; or (ii) in the case of a Schedule 4 poison or Schedule 8 poison, a nurse practitioner; or (iii) in the case of a Schedule 4 poison specified in his or her endorsement of registration, an authorised optometrist; or (b) the conditions of a permit to purchase or obtain and use a poison or controlled substance for the provision of health services; or (c) the approval of the Secretary under sub- regulation (3). r. 5 -- 15 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 12 (3) Subject to sub-regulation (4), the Secretary may approve the possession of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison by a nurse or class of nurses without the direct supervision of— (a) in the case of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison, a registered medical practitioner or dentist; or (b) in the case of a Schedule 4 poison or Schedule 8 poison, a nurse practitioner; or (c) in the case of a Schedule 4 poison specified in his or her endorsement of registration, an authorised optometrist. (4) The Secretary must not grant an approval referred to in sub-regulation (3) unless the Secretary considers that the approval— (a) is necessary for the provision of health services; and (b) is within the competence of a nurse without the direct supervision of a registered medical practitioner, dentist, nurse practitioner or authorised optometrist (as the case requires). 6. Approval of Schedule 4 poisons and Schedule 8 poisons The Secretary may approve Schedule 4 poisons or Schedule 8 poisons or classes of Schedule 4 poisons or Schedule 8 poisons for possession and use by a person or class of persons specified in Column 1 of Part 2 of the table in Regulation 5. r. 6 -- 16 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 13 7. Permit required for Schedule 9 poisons A registered medical practitioner, pharmacist, veterinary practitioner or dentist must not manufacture, sell, supply, purchase or otherwise obtain, possess, administer, use or prescribe a Schedule 9 poison unless he or she holds a permit issued under the Act or these Regulations to do so. Penalty: 100 penalty units. Division 2—Treatment 8. Patient identity and therapeutic need to be determined—registered medical practitioners (1) A registered medical practitioner must not administer, prescribe, sell or supply a drug of dependence or Schedule 8 poison unless— (a) that drug or poison is for the medical treatment of a person under his or her care; and (b) he or she has taken all reasonable steps to ascertain the identity of that person; and (c) he or she has taken all reasonable steps to ensure a therapeutic need exists for that drug or poison. Penalty: 100 penalty units. (2) A registered medical practitioner must not administer, prescribe, sell or supply a Schedule 4 poison unless— (a) that poison is for the medical treatment of a person under his or her care; and (b) he or she has taken all reasonable steps to ensure a therapeutic need exists for that poison. Penalty: 100 penalty units. r. 7 -- 17 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 14 9. Patient identity and therapeutic need to be determined—nurse practitioners (1) A nurse practitioner must not administer, prescribe, sell or supply a Schedule 8 poison unless— (a) that poison is for the treatment of a person under his or her care; and (b) he or she has taken all reasonable steps to ascertain the identity of that person; and (c) he or she has taken all reasonable steps to ensure a therapeutic need exists for that poison. Penalty: 100 penalty units. (2) A nurse practitioner must not administer, prescribe, sell or supply a Schedule 4 poison unless— (a) that poison is for the treatment of a person under his or her care; and (b) he or she has taken all reasonable steps to ensure a therapeutic need exists for that poison. Penalty: 100 penalty units. 10. Patient identity and therapeutic need to be determined—dentists (1) A dentist must not administer, prescribe, sell or supply a drug of dependence or Schedule 8 poison unless— (a) that drug or poison is for the dental treatment of a person under his or her care; and r. 9 -- 18 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 15 (b) he or she has taken all reasonable steps to ascertain the identity of that person; and (c) he or she has taken all reasonable steps to ensure a therapeutic need exists for that drug or poison. Penalty: 100 penalty units. (2) A dentist must not administer, prescribe, sell or supply a Schedule 4 poison unless— (a) that poison is for the dental treatment of a person under his or her care; and (b) he or she has taken all reasonable steps to ensure a therapeutic need exists for that poison. Penalty: 100 penalty units. 11. Therapeutic need to be determined—authorised optometrists An authorised optometrist must not administer, prescribe, sell or supply a Schedule 4 poison unless— (a) that poison is for the ocular treatment of a person under his or her care; and (b) the optometrist has taken all reasonable steps to ensure a therapeutic need exists for that poison. Penalty: 100 penalty units. 12. Patient identity and therapeutic need to be determined for drugs of dependence—pharmacists (1) A pharmacist who supplies a drug of dependence to or for a person other than by wholesale or on the prescription of a registered medical practitioner, dentist or nurse practitioner must— r. 11 -- 19 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 16 (a) take all reasonable steps to ascertain the identity of the person to or for whom it is proposed to supply the drug of dependence; and (b) do so only for the therapeutic use of the person after having taken all reasonable steps to ensure a therapeutic need for the drug of dependence exists. Penalty: 100 penalty units. (2) A pharmacist who supplies a drug of dependence to a person for an animal other than by wholesale or on the prescription of a veterinary practitioner must do so only for the therapeutic use of the animal after having taken all reasonable steps to ensure a therapeutic need for the drug of dependence exists. Penalty: 100 penalty units. 13. Therapeutic need to be determined—veterinary practitioners A veterinary practitioner must not administer, prescribe, sell or supply a drug of dependence, Schedule 8 poison or Schedule 4 poison unless— (a) that drug or poison is for the treatment of an animal under his or her care; and (b) he or she has taken all reasonable steps to ensure a therapeutic need exists for that drug or poison. Penalty: 100 penalty units. r. 13 -- 20 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 17 14. Notification of fraudulent obtaining of drugs or poisons (1) A registered medical practitioner, pharmacist, veterinary practitioner or dentist who suspects or has reason to believe that a person has obtained from him or her by means of a false pretence— (a) a drug of dependence, Schedule 9 poison, Schedule 8 poison or Schedule 4 poison; or (b) an order or prescription for a drug of dependence, Schedule 9 poison, Schedule 8 poison or Schedule 4 poison— must immediately inform the Secretary and a member of the Victoria Police of that suspicion or belief. Penalty: 50 penalty units. (2) A nurse practitioner who suspects or has reason to believe that a person has obtained from him or her by means of a false pretence— (a) a Schedule 8 poison or Schedule 4 poison; or (b) an order or prescription for a Schedule 8 poison or Schedule 4 poison— must immediately inform the Secretary and a member of the Victoria Police of that suspicion or belief. Penalty: 50 penalty units. (3) An authorised optometrist who suspects or has reason to believe that a person has obtained from him or her by means of a false pretence, a Schedule 4 poison or an order or prescription for a Schedule 4 poison, must immediately inform the Secretary and a member of the Victoria Police of that suspicion or belief. Penalty: 50 penalty units. r. 14 -- 21 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 18 15. Pharmacist administration, sale or supply authorised from within Victoria (1) A pharmacist must not administer, sell or supply a Schedule 4 poison or Schedule 8 poison except— (a) in accordance with section 13(3) of the Act; or (b) subject to regulation 16, on the original prescription of— (i) in the case of a Schedule 8 poison, a registered medical practitioner, veterinary practitioner, dentist or nurse practitioner; (ii) in the case of a Schedule 4 poison, a registered medical practitioner, veterinary practitioner, dentist or nurse practitioner; (iii) in the case of a Schedule 4 poison specified in his or her endorsement of registration, an authorised optometrist; or (c) in accordance with regulation 27; or (d) in the case of a Schedule 8 poison, on the order of a registered medical practitioner, veterinary practitioner, dentist or nurse practitioner; or (e) in the case of a Schedule 4 poison, on the order of— (i) a registered medical practitioner, veterinary practitioner, dentist or nurse practitioner; or (ii) an authorised optometrist, in accordance with his or her endorsement of registration; or r. 15 -- 22 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 19 (f) on the order of a person holding a permit for that Schedule 4 poison or Schedule 8 poison; or (g) to a person referred to in Column 1 of Part 2 of the table in regulation 5 to the extent referred to in Column 2 of that Part of that Table. Penalty: 100 penalty units. (2) Despite sub-regulation (1), in an emergency, a pharmacist may, if he or she considers it necessary to ensure continuity of treatment, supply once only a Schedule 4 poison without the prescription of a registered medical practitioner or nurse practitioner if— (a) the pharmacist is satisfied that— (i) there is an immediate need for the Schedule 4 poison and it is impracticable for the patient to obtain a prescription in time to meet that need; and (ii) treatment with that Schedule 4 poison has been previously prescribed for the patient by a registered medical practitioner or nurse practitioner; and (iii) the patient, or the agent of the patient, or a person who has the care of, or is assisting in the care of, the patient, is aware of the appropriate dose of that Schedule 4 poison for that patient; and (b) the quantity supplied does not exceed— (i) 3 days' supply; or (ii) if it is not practical to supply a quantity required for 3 days, the smallest commercially available pack. r. 15 -- 23 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 20 16. Supply on copy of prescription permitted in certain circumstances (1) Subject to sub-regulation (2), a pharmacist may supply a Schedule 4 poison or a Schedule 8 poison on the copy of an original prescription if the original prescription is required to be submitted to a public authority by any Act of a State or Territory or the Commonwealth. (2) A pharmacist must not supply a Schedule 4 poison or a Schedule 8 poison on the copy of an original prescription unless the copy of the original prescription is certified by or accompanied by a certification from— (a) the pharmacist who received the original prescription but did not supply all of the items on that prescription; or (b) a pharmacist who has previously supplied the Schedule 4 poison or Schedule 8 poison on that original prescription. Penalty: 100 penalty units. 17. Pharmacist administration, sale or supply authorised from outside Victoria Despite regulation 15, a pharmacist may supply a Schedule 4 poison on the prescription of a person who is registered in another State or Territory as a person who is— (a) permitted to practice medicine, nursing, veterinary science, dentistry or optometry; and (b) permitted by a law of that State or Territory to prescribe Schedule 4 poisons. r. 16 -- 24 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 21 18. Form of notification under section 33(1) of the Act For the purposes of section 33(1) of the Act, the prescribed form is the form of DP1 in Schedule 2. 19. Form of application and notification under sections 33(2) and 33(3) of the Act For the purposes of sections 33(2) and 33(3) of the Act, the prescribed form is the form of DP2 in Schedule 2. 20. Form of permit under section 34 of the Act For the purposes of section 34 of the Act, the prescribed form is the form of DP3 in Schedule 2. 21. Permit required in particular circumstances for specialised supply (1) For the purposes of preventing the improper use of methadone, a registered medical practitioner or nurse practitioner must not administer, supply or prescribe methadone in circumstances where the registered medical practitioner or nurse practitioner is not required to hold a permit under section 34(1) of the Act unless he or she has a permit from the Secretary authorising that registered medical practitioner or nurse practitioner to administer, supply or prescribe methadone. Penalty: 100 penalty units. (2) Despite sub-regulation (1), a registered medical practitioner or nurse practitioner is not required to have a permit under this regulation if— (a) the person he or she is treating is an inpatient of a hospital; or (b) he or she is treating a patient at an oncology clinic or a pain clinic at a hospital; or (c) he or she is treating a patient who is under the care of a palliative care service. r. 18 -- 25 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 22 (3) The form of an application for a permit under sub- regulation (1) authorising the administration, supply or prescription of methadone, is the form of DP2 in Schedule 2. (4) A permit referred to in sub-regulation (1) authorising the administration, supply or prescription of methadone is subject to the terms and conditions specified in the permit by the Secretary. 22. Permit required in particular circumstances for specialised supply (1) For the purposes of preventing the improper use of amphetamine, dexamphetamine, methylamphetamine or methylphenidate, a registered medical practitioner or nurse practitioner must not administer, supply or prescribe any one or more of those substances in circumstances where the registered medical practitioner or nurse practitioner is not required to hold a permit under section 34(1) of the Act unless he or she has a permit from the Secretary authorising that registered medical practitioner or nurse practitioner to administer, supply or prescribe one or more of those substances. Penalty: 100 penalty units. (2) Despite sub-regulation (1), a registered medical practitioner is not required to have a permit under this regulation if he or she is— (a) a paediatrician who is treating a person for attention deficit disorder; or (b) a psychiatrist who is treating a person for attention deficit disorder. r. 22 -- 26 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 23 (3) The form of an application for a permit under sub- regulation (1) authorising the administration, supply or prescription of amphetamine, dexamphetamine, methylamphetamine or methylphenidate is the form of DP2 in Schedule 2. (4) A permit referred to in sub-regulation (1) authorising the administration, supply or prescription of amphetamine, dexamphetamine, methylamphetamine or methylphenidate is subject to the terms and conditions specified in the permit by the Secretary. 23. Dentists not able to obtain permit for specialised supply A dentist must not possess, administer, supply or prescribe methadone. Penalty: 100 penalty units. 24. Disclosure of drug use within previous 8 weeks required (1) A person who in the previous 8 weeks has been treated with a drug of dependence must not, without disclosing that fact at the time, procure or attempt to procure from a registered medical practitioner, veterinary practitioner, dentist or nurse practitioner— (a) the same or a similar drug of dependence; or (b) a drug of dependence for the same or a similar purpose. Penalty: 100 penalty units. r. 23 -- 27 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 24 (2) A person who in the previous 8 weeks has been treated with a drug of dependence must not, without disclosing that fact at the time, procure or attempt to procure from a pharmacist, other than on a prescription or order of a person authorised in relation to that drug of dependence under section 13(1) of the Act— (a) the same or a similar drug of dependence; or (b) a drug of dependence for the same or a similar purpose. Penalty: 100 penalty units. Division 3—Supply 25. Persons authorised to write prescriptions (1) A person other than a registered medical practitioner, veterinary practitioner or dentist must not write a prescription for a Schedule 9 poison. Penalty: 100 penalty units. (2) A person other than a registered medical practitioner, veterinary practitioner, dentist or nurse practitioner must not write a prescription for a Schedule 8 poison. Penalty: 100 penalty units. (3) A person other than a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner or authorised optometrist must not write a prescription for a Schedule 4 poison. Penalty: 100 penalty units. r. 25 -- 28 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 25 (4) A registered medical practitioner or dentist must not write a prescription for a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison other than for the treatment of a person named on the prescription. Penalty: 100 penalty units. (5) A nurse practitioner must not write a prescription for a Schedule 4 poison or Schedule 8 poison other than for the treatment of a person named on the prescription. Penalty: 100 penalty units. (6) An authorised optometrist must not write a prescription for a Schedule 4 poison other than for the treatment of a person named on the prescription. Penalty: 100 penalty units. (7) A veterinary practitioner must not write a prescription for a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison other than for the treatment of an animal named or described on the prescription. Penalty: 100 penalty units. 26. Style and required particulars for prescriptions (1) A person authorised to write a prescription under regulation 25 must write a prescription for a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison (as the case requires)— (a) in his or her own handwriting; or (b) in a manner of writing approved by the Secretary. Penalty: 50 penalty units. r. 26 -- 29 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 26 (2) In approving another manner of writing a prescription under sub-regulation (1)(b), the Secretary— (a) must have regard to security; and (b) must have regard to legibility; and (c) may have regard to any other factors the Secretary considers relevant in the circumstances. (3) A person authorised to write a prescription under regulation 25 must ensure that any prescription written by the person for a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison (as the case requires) is legible and durable and includes— (a) the name, address and telephone number of the prescriber; and (b) the name and address of the patient for whom the prescription is intended, or if a prescription is written by a veterinary practitioner, the name or species of animal and the name and address of the owner or the person having the custody of the animal; and (c) the date on which the prescription was written; and (d) the signature of the prescriber; and (e) full particulars of the poison or controlled substance to be supplied including a statement of the quantity to be supplied; and (f) in the case of a Schedule 8 poison or Schedule 9 poison, the statement of the quantity to be supplied written in words and figures; and r. 26 -- 30 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 27 (g) directions for the precise dose or use and frequency of administration except in cases where— (i) because of the complexity of the dosage regimen or use it is impracticable to do so and the prescriber has separately supplied the patient with written instruction; or (ii) the administration of the poison or controlled substance is to be carried out by a registered medical practitioner, veterinary practitioner, pharmacist, dentist, authorised optometrist or nurse as the case requires; and (h) the maximum number of times the prescription may be supplied if more than once; and (i) in the case of a Schedule 8 poison or Schedule 9 poison, the maximum number of times the prescription may be supplied written in words and figures. Penalty: 50 penalty units. (4) A prescription for a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison must not be written in a secret code or cipher. Penalty: 50 penalty units. (5) A prescriber must not knowingly include on a prescription for a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison any particular which is false or misleading. Penalty: 100 penalty units. r. 26 -- 31 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 28 (6) A dentist must not direct that a prescription for a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison be supplied more than once. Penalty: 50 penalty units. 27. Emergency directions to pharmacists regarding supply (1) Despite anything in this Division to the contrary, a registered medical practitioner, veterinary practitioner or dentist may issue oral instructions to a pharmacist to supply a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison if in the opinion of the registered medical practitioner, veterinary practitioner or dentist, an emergency exists. (2) Despite anything in this Division to the contrary, a nurse practitioner may issue oral instructions to a pharmacist to supply a Schedule 4 poison or Schedule 8 poison if, in the opinion of the nurse practitioner, an emergency exists. (3) Despite anything in this Division to the contrary, an authorised optometrist may issue oral instructions to a pharmacist to supply a Schedule 4 poison if, in the opinion of the authorised optometrist, an emergency exists. (4) A registered medical practitioner, veterinary practitioner, dentist, nurse practitioner or authorised optometrist who issues oral instructions pursuant to sub-regulation (1), (2) or (3), as the case requires, must as soon as practicable write a prescription— (a) indicating that it is in confirmation of the oral instructions; and (b) deliver or forward that prescription to the pharmacist. Penalty: 50 penalty units. r. 27 -- 32 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 29 28. Particular prescription details to be verified prior to supply (1) A pharmacist must not supply a Schedule 8 poison or Schedule 9 poison on a prescription unless he or she— (a) if the prescription is handwritten, is familiar with the purported prescriber's handwriting and the writing is comparable with the usual writing of the purported prescriber; or (b) has taken reasonable steps to verify that the prescription was written by the purported prescriber. Penalty: 100 penalty units. (2) Despite sub-regulation (1), a pharmacist may supply a quantity of a Schedule 8 poison sufficient for no more than 2 days' treatment. (3) A pharmacist who supplies a Schedule 8 poison in accordance with sub-regulation (2) must retain the prescription despite the full quantity ordered not having been supplied. Penalty: 100 penalty units. 29. Containers of drugs to be labelled with certain details (1) A registered medical practitioner, pharmacist, veterinary practitioner or dentist who supplies a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison for the treatment of a specific person, or the veterinary treatment of a specific animal, must ensure that the container in which it is packed is labelled with the following information— (a) the name of the patient or name or species of animal and the name of the owner or person having custody of the animal; and r. 28 -- 33 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 30 (b) the date of recording as required by Division 5; and (c) the name, address and telephone number of the place of supply; and (d) the name of the poison or controlled substance or a trade name which unambiguously identifies the poison or controlled substance and its strength, form and quantity; and (e) subject to sub-regulation (2), the directions for use. Penalty: 50 penalty units. (2) A registered medical practitioner, pharmacist, veterinary practitioner or dentist who supplies a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison in accordance with sub- regulation (1) is not required to include directions for use of the poison on a label on the container if— (a) in the case of a pharmacist— (i) directions for use have not been included by the prescriber on the prescription for that poison; or (ii) the dosage regimen or use is so complex that the prescriber has supplied the patient with separate written instruction; or (b) the dosage regimen or use is so complex that the registered medical practitioner, veterinary practitioner or dentist has supplied the patient with separate written instruction; or r. 29 -- 34 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 31 (c) the administration of the poison is to be carried out by a registered medical practitioner, pharmacist, veterinary practitioner, dentist, authorised optometrist or nurse. (3) A nurse practitioner who supplies a Schedule 4 poison or Schedule 8 poison for the treatment of a specific person must ensure that the container in which it is packed is labelled with the following information— (a) the name of the patient; and (b) the date of recording as required by Division 5; and (c) the name, address and telephone number of the place of supply; and (d) the name of the poison or controlled substance or a trade name which unambiguously identifies the poison or controlled substance and its strength, form and quantity; and (e) subject to sub-regulation (4), the directions for use. Penalty: 50 penalty units. (4) A nurse practitioner who supplies a Schedule 4 poison or Schedule 8 poison in accordance with sub-regulation (3) is not required to include directions for use of the poison on a label on the container if— (a) the dosage regimen or use is so complex that the nurse practitioner has supplied the patient with separate written instruction; or (b) the administration of the poison is to be carried out by a registered medical practitioner, pharmacist, dentist, authorised optometrist or nurse. r. 29 -- 35 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 32 (5) An authorised optometrist who supplies a Schedule 4 poison for the treatment of a specific person must ensure that the container in which it is packed is labelled with the following information— (a) the name of the patient; and (b) the date of recording as required by Division 5; and (c) the name, address and telephone number of the place of supply; and (d) the name of the poison or controlled substance or a trade name which unambiguously identifies the poison or controlled substance and its strength, form and quantity; and (e) subject to sub-regulation (6), the directions for use. Penalty: 50 penalty units. (6) An authorised optometrist who supplies a Schedule 4 poison in accordance with sub- regulation (5) is not required to include directions for use of the poison on a label on the container if— (a) the dosage regimen or use is so complex that the authorised optometrist has supplied the patient with separate written instruction; or (b) the administration of the poison is to be carried out by a registered medical practitioner, pharmacist, dentist, authorised optometrist or nurse. r. 29 -- 36 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 33 (7) A veterinary practitioner is not required to comply with sub-regulation (1) if a Schedule 4 poison is supplied in bulk for treatment of flocks or herds of animals provided that— (a) each container of the poison retains the manufacturer's original label; and (b) the veterinary practitioner provides written instructions containing the information specified in sub-regulation (1) to the owner of, or the person having custody of, the animals. 30. Duration of prescriptions (1) A pharmacist who supplies a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison on a prescription must ensure that the prescription is marked in a way that indicates durably— (a) that the poison or controlled substance has been supplied; and (b) the date of recording as required by Division 5; and (c) the premises from which the poison or controlled substance was supplied. Penalty: 50 penalty units. (2) A pharmacist must not supply a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison on a prescription if it is more than— (a) 12 months after the date written on the prescription in the case of a prescription for a Schedule 4 poison; or (b) 6 months after the date written on the prescription in the case of a prescription for a Schedule 8 poison or Schedule 9 poison. Penalty: 50 penalty units. r. 30 -- 37 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 34 31. Circumstances where prescriptions are not to be filled (1) A pharmacist must not supply a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison on a prescription— (a) in excess of the quantities authorised; or (b) which he or she has reason to believe has been forged or is fraudulent in any way; or (c) which he or she has reason to believe has been altered in any way other than by or on the instruction of the prescriber; or (d) which is illegible or defaced; or (e) when the quantity authorised has already been supplied. Penalty: 100 penalty units. (2) A pharmacist to whom a prescription referred to in sub-regulation (1)(b) or (c) is presented must without delay notify a member of the Victoria Police and the Secretary of the circumstances concerning the presentation of the prescription. Penalty: 50 penalty units. 32. Duty of pharmacist to notify different prescribers of similar supply A pharmacist who is presented with a prescription for a drug of dependence or a Schedule 8 poison or Schedule 9 poison for a person whom the pharmacist has reason to believe was supplied in the previous 8 weeks with the same or a similar drug of dependence, Schedule 8 poison or Schedule 9 poison on a prescription written by a different prescriber must take all reasonable steps prior to supply or, if unable to do so, as soon as practicable after the supply has occurred, to inform the prescriber that the previous supply has r. 31 -- 38 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 35 occurred unless the pharmacist has reason to believe the prescriber is already aware of the previous supply or prescription. Penalty: 50 penalty units. 33. Retention of original prescriptions or orders once supply completed (1) A pharmacist who supplies a Schedule 8 poison or Schedule 9 poison on a prescription or order of a registered medical practitioner, veterinary practitioner or dentist or a Schedule 8 poison on the prescription or order of a nurse practitioner must on the last occasion the supply is made— (a) retain that prescription or order in a manner that maintains the integrity of the prescription or order; or (b) in the case of a prescription or order on which other poisons or controlled substances may still be legally supplied, ensure that the prescription or order is durably marked in such a way that it can be seen clearly that further supplies of that Schedule 8 poison or Schedule 9 poison are not allowed. Penalty: 50 penalty units. (2) A pharmacist who retains a prescription or order pursuant to sub-regulation (1)(a) must retain that prescription or order on a file kept solely for the purpose of retaining such prescriptions or orders for a period of 3 years from the date the Schedule 8 poison or Schedule 9 poison (as the case requires) was last supplied. (3) A pharmacist must produce a prescription or order referred to in sub-regulation (2) on demand to an authorised officer. r. 33 -- 39 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 36 (4) It is sufficient compliance with sub-regulation (1) if a pharmacist retains a legible copy of the prescription or order if he or she is required to submit the original to a public authority by any Act of a State, a Territory or the Commonwealth. Division 4—Storage 34. General security requirement—Schedule 4 poisons (1) A person to whom this regulation applies must store any Schedule 4 poisons in the person's possession in a lockable storage facility. Penalty: 100 penalty units. (2) A person to whom this regulation applies must take all reasonable steps to ensure that the storage facility referred to in sub-regulation (1) remains locked and secured to prevent access by an unauthorised person at all times, except— (a) when it is necessary to open it to carry out an essential operation in connection with the poisons stored in it; or (b) in the case of poisons stored in accordance with sub-regulation (3)(a) or (b), when a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse practitioner, authorised optometrist or nurse authorised under regulation 5(2)(a) is present. Penalty: 100 penalty units. r. 34 -- 40 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 37 (3) Despite sub-regulations (1) and (2), a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse practitioner or authorised optometrist may store Schedule 4 poisons at the premises in which he or she carries out the lawful practice of his or her profession in— (a) the dispensing area or pharmacy department of the premises; or (b) the treatment room of the premises; or (c) in an area separated from the remainder of the premises and to which only a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse practitioner or authorised optometrist has access. (4) This regulation applies to— (a) a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse practitioner and authorised optometrist; and (b) a person holding a licence, permit or warrant to manufacture, sell, supply, purchase or otherwise obtain, possess, administer or use a Schedule 4 poison; and (c) a nurse approved under regulation 5(3) to be in possession of a Schedule 4 poison. 35. Storage of Schedule 8 and Schedule 9 poisons (1) A person to whom this regulation applies must store any Schedule 8 poisons or Schedule 9 poisons in that person's possession in a lockable storage facility that provides not less security than a storage facility that is— (a) constructed of mild steel plate of 10 millimetres thickness; and r. 35 -- 41 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 38 (b) constructed with continuous welding of all edges; and (c) fitted with a door constructed of mild steel plate of 10 millimetres 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 millimetres; 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. Penalty: 100 penalty units. (2) A person to whom this regulation applies must take all reasonable steps to ensure that the storage facility remains locked and secured to prevent access by an unauthorised person 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. (3) A person to whom this regulation applies must take all reasonable steps to ensure that the storage facility referred to in sub-regulation (1) is used only for the storage of Schedule 8 poisons, Schedule 9 poisons and drugs of dependence. Penalty: 100 penalty units. r. 35 -- 42 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 39 (4) A person to whom this regulation applies must keep any Schedule 8 poisons or Schedule 9 poisons in the person's possession which are 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. (5) Despite sub-regulations (1) and (3) a registered medical practitioner or nurse practitioner may keep up to 6 divided doses of a Schedule 8 poison in a lockable storage facility for use in an emergency. (6) This regulation applies to— (a) a registered medical practitioner, pharmacist, veterinary practitioner, dentist and nurse practitioner; 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 (c) a nurse approved under regulation 5(3) to be in possession of a Schedule 8 poison or a Schedule 9 poison. 36. Storage requirements (1) A person to whom this regulation applies must— (a) store any Schedule 4 poison in the person's possession in a lockable storage facility; and (b) store any Schedule 8 poison or Schedule 9 poison in the person's possession in a lockable room or in a lockable storage facility which is firmly fixed to a floor or wall; and r. 36 -- 43 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 40 (c) take all reasonable steps to ensure that the storage facilities for Schedule 4 poisons, Schedule 8 poisons and Schedule 9 poisons remain locked and secured to prevent access by an unauthorised person at all times, except when it is necessary to open them to carry out an essential operation in connection with the poisons stored in them. Penalty: 100 penalty units. (2) This regulation applies to— (a) a person referred to in Column 1 of Part 2 of the table in regulation 5 as authorised to have in his or her possession a Schedule 4 poison or Schedule 8 poison; and (b) an approved provider of an aged care service if— (i) in that service there is a resident who is receiving a high level of residential care; and (ii) that resident has been supplied, on prescription, with a Schedule 4 poison, a Schedule 8 poison, or a Schedule 9 poison. 37. Additional security provisions required in certain circumstances (1) Subject to sub-regulation (2), the Secretary may— (a) direct a person to whom regulation 34, 35 or 36 applies to provide more secure storage for Schedule 4 poisons, Schedule 8 poisons or Schedule 9 poisons than that described in regulations 34, 35 and 36; or r. 37 -- 44 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 41 (b) grant approval for a person to store substances other than Schedule 8 poisons or Schedule 9 poisons in the same storage facility as Schedule 8 poisons or Schedule 9 poisons. (2) Before giving a direction or granting approval under sub-regulation (1) the Secretary— (a) must have regard to— (i) the nature and quantity of the poisons or controlled substances being stored; and (ii) the location, layout and construction of the storage facility and the premises; and (iii) the warning devices and detectors with which the storage facility and premises are equipped; and (iv) the number and frequency of transactions; and (v) the number of persons requiring access; and (b) may have regard to any other factors the Secretary considers relevant in the circumstances. (3) A person who is directed by the Secretary to provide more secure storage under sub- regulation (1)(a) must provide that secure storage. Penalty: 100 penalty units. r. 37 -- 45 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 42 Division 5—Records 38. Definition of transaction In this Division "transaction" means the manufacture, preparation, use, transfer within and between premises, administration, sale, supply, disposal or destruction of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison. 39. Persons required to keep records The following persons are required to keep records under this Division— (a) a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse practitioner and authorised optometrist; and (b) a person holding a licence, permit or warrant to manufacture, sell, supply, purchase or otherwise obtain, possess, administer or use a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison; and (c) a nurse authorised under regulation 5(2) to be in possession of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison; and (d) an approved provider of an aged care service if— (i) in that service there is a resident who is receiving a high level of residential care; and (ii) that resident has been supplied, on prescription, with a Schedule 4 poison, a Schedule 8 poison, or a Schedule 9 poison; and (e) a person referred to in Column 1 of Part 2 of the table in regulation 5 as authorised to have in his or her possession a Schedule 4 poison or Schedule 8 poison. r. 38 -- 46 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 43 40. Details to be contained in records (1) A person required to keep records under this Division must, as soon as practicable after completing a transaction, record— (a) the date of each transaction; and (b) the name, form, strength and quantity of the poison or controlled substance; and (c) in the case of a transaction involving supply on a prescription— (i) the name of the prescriber; and (ii) the directions for use as set out on the prescription; and (d) the name and address or location of persons to whom the poison or controlled substance is transferred, supplied, administered or otherwise disposed of; and (e) in the case of a Schedule 8 poison or Schedule 9 poison purchased or obtained, the name and address of the person from whom the poison was purchased or obtained; and (f) in the case of a Schedule 8 poison or Schedule 9 poison which has been destroyed by a registered medical practitioner, pharmacist, veterinary practitioner or dentist in accordance with regulation 51(3)(a), the details set out in regulation 51(3)(b); and (g) in the case of a Schedule 8 poison which has been destroyed by a nurse practitioner in accordance with regulation 51(2)(a), the details set out in regulation 51(2)(b); and r. 40 -- 47 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 44 (h) in the case of the unused contents of a previously sterile container containing a Schedule 8 poison or a Schedule 9 poison that are not required for administration to a patient which has been destroyed by a registered medical practitioner, pharmacist, veterinary practitioner, dentist or nurse in accordance with regulation 51(4)(a), the details set out in regulation 51(4)(b); and (i) in the case of a transaction involving supply or administration to a specific person, the name of the person carrying out the transaction. Penalty: 50 penalty units. (2) Despite sub-regulation (1), a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse practitioner or authorised optometrist is not required to keep a record of the destruction of Schedule 4 poisons. 41. Methods by which records are to be retained and retrieved (1) A person required to keep records under this Division must ensure that the records of all transactions in Schedule 8 poisons or Schedule 9 poisons kept by the person— (a) are able to be readily sorted by poison or controlled substance; and (b) show the true and accurate balance of each Schedule 8 poison and Schedule 9 poison remaining in the person's possession after each transaction; and (c) show the name of the person carrying out the transaction. Penalty: 50 penalty units. r. 41 -- 48 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 45 (2) A person required to keep records under this Division must keep records made by the person readily retrievable in English. Penalty: 50 penalty units. (3) A person required to keep records under this Division must retain a record of each transaction in a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison in a readily retrievable form for 3 years from the date of the transaction. Penalty: 50 penalty units. (4) A person required to keep records under this Division must produce on demand to an authorised officer all records required to be kept under this Division. Penalty: 50 penalty units. (5) A person required to keep records under this Division must maintain the records made by him or her of transactions in Schedule 8 poisons or Schedule 9 poisons in a manner that ensures that the records cannot be altered, obliterated, deleted or removed without detection. Penalty: 50 penalty units. (6) An approved provider of an aged care service where there is a resident who is receiving a high level of residential care who has been supplied, on prescription, with a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison need not comply with sub-regulation (1) in relation to Schedule 8 poisons or Schedule 9 poisons that are— (a) supplied on prescription for a specific person; and r. 41 -- 49 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 46 (b) supplied in tamper-evident compartments of dose administration containers; and (c) labelled by a registered medical practitioner, pharmacist, dentist or nurse practitioner for administration at times specified on the label. 42. Accurate records to be kept A person required to keep records under this Division must not knowingly make or cause to be made an entry which is false or misleading in any records in respect of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison. Penalty: 50 penalty units. 43. Discrepancies in records to be investigated A person required to keep records under this Division must— (a) investigate without delay any discrepancies found in the transaction records kept by that person; and (b) after that investigation, notify the Secretary without delay of any discrepancy which remains. Penalty: 50 penalty units. 44. Lost or stolen records to be reported A person required to keep records under this Division must notify the Secretary without delay of the circumstances of any loss, destruction or theft of records kept by the person relating to Schedule 4 poisons, Schedule 8 poisons or Schedule 9 poisons. Penalty: 50 penalty units. r. 42 -- 50 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 47 Division 6—Administration 45. Use of drugs and poisons restricted to person or animal for whom they were supplied (1) A person must not administer or use a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison supplied by a registered medical practitioner, pharmacist, veterinary practitioner or dentist for the treatment of a specific person or animal other than for the treatment of that person or animal. Penalty: 100 penalty units. (2) A person must not administer or use a Schedule 4 poison or Schedule 8 poison supplied by a nurse practitioner for the treatment of a specific person other than for the treatment of that person. Penalty: 100 penalty units. (3) A person must not administer or use a Schedule 4 poison supplied by an authorised optometrist for the treatment of a specific person other than for the treatment of that person. Penalty: 100 penalty units. 46. Administration of drugs and poisons to be authorised (1) A registered medical practitioner or dentist who orders the administration of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison to a person— (a) must provide that instruction in writing in a legible and durable form; and (b) must date and confirm that order with his or her signature. Penalty: 100 penalty units. r. 45 -- 51 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 48 (2) A nurse practitioner who orders the administration of a Schedule 4 poison or Schedule 8 poison to a person— (a) must provide that instruction in writing in a legible and durable form; and (b) must date and confirm that order with his or her signature. Penalty: 100 penalty units. (3) An authorised optometrist who orders the administration of a Schedule 4 poison to a person— (a) must provide that instruction in writing in a legible and durable form; and (b) must date and confirm that order with his or her signature. Penalty: 100 penalty units. (4) A person must not administer a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison to another person on the instruction of a registered medical practitioner or dentist if— (a) in the case of a Schedule 4 poison, it is more than 12 months after the date on which the instruction was given; or (b) in the case of a Schedule 8 poison or Schedule 9 poison, it is more than 6 months after the date on which the instruction was given. Penalty: 100 penalty units. r. 46 -- 52 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 49 (5) A person must not administer a Schedule 4 poison or Schedule 8 poison to another person on the instruction of a nurse practitioner if— (a) in the case of a Schedule 4 poison, it is more than 12 months after the date on which the instruction was given; or (b) in the case of Schedule 8 poison, it is more than 6 months after the date on which the instruction was given. Penalty: 100 penalty units. (6) A person must not administer a Schedule 4 poison to another person on the instruction of an authorised optometrist if it is more than 12 months after the date on which the instruction was given. Penalty: 100 penalty units. (7) A person referred to in Column 1 of Part 2 of the table in regulation 5 must not administer a Schedule 4 poison or Schedule 8 poison other than to the extent authorised by Column 2 of Part 2 of the Table. Penalty: 100 penalty units. 47. Administration of drugs and poisons by a nurse (1) A nurse must not administer a Schedule 9 poison to a person other than— (a) in accordance with the directions for use on the container of the Schedule 9 poison supplied by a registered medical practitioner, pharmacist or dentist; or (b) on the written instruction of a registered medical practitioner or dentist; or r. 47 -- 53 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 50 (c) on the oral instructions of a registered medical practitioner or dentist to the nurse if, in the opinion of the registered medical practitioner or dentist, an emergency exists; or (d) on the written transcription of the oral instructions referred to in paragraph (c) by another nurse who received those instructions; or (e) in accordance with regulation 5(2) or an approval of the Secretary under regulation 5(3). (2) A nurse must not administer a Schedule 8 poison other than— (a) in accordance with the directions for use on the container of the Schedule 8 poison supplied by a registered medical practitioner, pharmacist, dentist or nurse practitioner; or (b) on the written instruction of a registered medical practitioner, dentist or nurse practitioner; or (c) on the oral instructions of a registered medical practitioner, dentist or nurse practitioner to the nurse if, in the opinion of the registered medical practitioner, dentist or nurse practitioner, an emergency exists; or (d) on the written transcription of the oral instructions referred to in paragraph (c) by another nurse who received those instructions; or (e) in accordance with regulation 5(2) or an approval of the Secretary under regulation 5(3). r. 47 -- 54 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 51 (3) A nurse must not administer a Schedule 4 poison other than— (a) in accordance with the directions for use on the container of the Schedule 4 poison supplied by a registered medical practitioner, pharmacist, dentist, nurse practitioner or authorised optometrist; or (b) on the written instruction of a registered medical practitioner, dentist, nurse practitioner or authorised optometrist; or (c) on the oral instructions of a registered medical practitioner, dentist, nurse practitioner or authorised optometrist to the nurse, if in the opinion of the registered medical practitioner, dentist, nurse practitioner or authorised optometrist, an emergency exists; or (d) on the written transcription of the oral instructions referred to in paragraph (c) by another nurse who received those instructions; or (e) in accordance with regulation 5(2) or an approval of the Secretary under regulation 5(3). Penalty: 100 penalty units. (4) A registered medical practitioner, dentist, nurse practitioner or authorised optometrist who issues oral instructions in accordance with sub- regulation (1)(c), (2)(c) or (3)(c) (as the case requires) must as soon as practicable— (a) confirm those oral instructions in writing; and r. 47 -- 55 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 52 (b) include them or provide them for inclusion in the treatment records of the person concerned. Penalty: 100 penalty units. 48. Self-administration of drugs and poisons restricted A person must not use, prescribe, sell or supply a Schedule 4 poison, a Schedule 8 poison or a Schedule 9 poison (as the case requires) for the purpose of self-administration unless the person— (a) in the case of a Schedule 9 poison— (i) is a patient for whom a registered medical practitioner or dentist has prescribed that poison; and (ii) is not the registered medical practitioner or dentist who prescribed that poison; and (b) in the case of a Schedule 8 poison— (i) is a patient for whom a registered medical practitioner, dentist or nurse practitioner has prescribed that poison; and (ii) is not the registered medical practitioner, dentist or nurse practitioner who prescribed that poison; and (c) in the case of a Schedule 4 poison— (i) is a patient for whom a registered medical practitioner, dentist, nurse practitioner or authorised optometrist (in accordance with the endorsement of his or her registration) has prescribed that poison; and r. 48 -- 56 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 53 (ii) is not the registered medical practitioner, dentist, nurse practitioner or authorised optometrist who prescribed that poison; and (d) in any case, uses that poison to the extent and for the purpose for which it was prescribed, sold or supplied. Penalty: 100 penalty units. 49. Administration or supply of drugs and poisons prohibited if to support drug dependency A person must not administer, prescribe, sell or supply a drug of dependence or a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison to any person merely for the purpose of supporting the drug dependence of that person. Penalty: 100 penalty units. Division 7—Destruction of Schedule 8 Poisons and Schedule 9 Poisons 50. Wilful destruction prohibited Subject to this Division, a person must not wilfully destroy a Schedule 8 poison or Schedule 9 poison. Penalty: 100 penalty units. 51. Exceptions (1) Regulation 50 does not apply to— (a) a Schedule 8 poison or Schedule 9 poison destroyed by or under the supervision of an authorised officer; or (b) a Schedule 8 poison or Schedule 9 poison for which a court order has been granted for its destruction; or r. 49 -- 57 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 54 (c) a Schedule 8 poison or Schedule 9 poison which has been taken into possession by a member of the police force and for which an order for destruction has been issued by an officer of rank not below that of Inspector of the Victoria Police; or (d) a narcotic plant or seed of any narcotic plant as defined in section 70 of the Act. (2) Subject to sub-regulation (5), regulation 50 does not apply to a Schedule 8 poison if— (a) it is destroyed by a nurse practitioner in the presence of another person who is a registered medical practitioner, pharmacist, veterinary practitioner, dentist or nurse; and (b) the details of the destruction are recorded in the records required to be kept under regulation 40, including— (i) the name, strength and quantity of the poisons or controlled substances destroyed; and (ii) the method and place of destruction; and (iii) the names of the persons carrying out the destruction; and (iv) the names of the witnesses. (3) Subject to sub-regulation (5), regulation 50 does not apply to a Schedule 8 poison or Schedule 9 poison if— (a) it is destroyed by a registered medical practitioner, pharmacist, veterinary practitioner or dentist in the presence of another person who is a registered medical practitioner, pharmacist, veterinary practitioner, dentist or nurse; and r. 51 -- 58 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 55 (b) the details of the destruction are recorded in the records required to be kept under regulation 40, including— (i) the name, strength and quantity of the poisons or controlled substances destroyed; and (ii) the method and place of destruction; and (iii) the names of the persons carrying out the destruction; and (iv) the names of the witnesses. (4) Subject to sub-regulation (5), regulation 50 does not apply to the unused contents of a previously sterile container containing a Schedule 8 poison or a Schedule 9 poison that are not required for administration to a patient if— (a) those contents are destroyed by a registered medical practitioner, pharmacist, veterinary practitioner, dentist or nurse; and (b) the details of the destruction are recorded in the records required to be kept under regulation 40, including— (i) the name, strength and quantity of the poisons or controlled substances destroyed; and (ii) the method and place of destruction; and (iii) the name of the person carrying out the destruction. r. 51 -- 59 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 56 (5) The Secretary may direct a person referred to in sub-regulation (2), (3) or (4) to comply with any requirements relating to the destruction of a Schedule 8 poison or Schedule 9 poison (as the case requires) specified in writing by the Secretary. Division 8—Cultivation of Narcotic Plants 52. Authority to cultivate narcotic plants for non- therapeutic uses For the purposes of section 72 of the Act, the Secretary may, in his or her discretion, authorise in writing a fit and proper person to cultivate a narcotic plant as defined in section 70 of the Act for a use other than a therapeutic use. Division 9—Warrants for Ovulatory Stimulants, Prostaglandins, Retinoids and Thalidomide 53. Requirement for warrants (1) A registered medical practitioner must not purchase, obtain, use, supply or prescribe an ovulatory stimulant, a prostaglandin, a retinoid or thalidomide unless he or she holds a warrant under the Act to do so. Penalty: 100 penalty units. (2) Despite sub-regulation (1), a registered medical practitioner acting in accordance with the instruction of a registered medical practitioner who holds a warrant may use, supply or prescribe an ovulatory stimulant, a prostaglandin, a retinoid or thalidomide with respect to a specific patient in accordance with the authorisation given by the warrant. r. 52 -- 60 of 101 -- Part 2—Drugs of Dependence, Schedule 4 Poisons, Schedule 8 Poisons and Schedule 9 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 57 54. Warrant number to be included in any prescription (1) A registered medical practitioner who prescribes an ovulatory stimulant, a prostaglandin, a retinoid or thalidomide must include the warrant number on the prescription. Penalty: 10 penalty units. (2) A registered medical practitioner who prescribes an ovulatory stimulant, a prostaglandin, a retinoid or thalidomide on the direction of the warrant holder must include on the prescription the name of the registered medical practitioner who holds the warrant. Penalty: 10 penalty units. 55. Prohibition on dentists A dentist must not purchase, obtain, use, supply or prescribe an ovulatory stimulant, a prostaglandin, a retinoid or thalidomide. Penalty: 100 penalty units. __________________ r. 54 -- 61 of 101 -- Part 3—Prescribed Poisons for Categories of Nurse Practitioner Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 58 PART 3—PRESCRIBED POISONS FOR CATEGORIES OF NURSE PRACTITIONER 56. Prescribed poisons related to certain categories of nurse practitioner (1) The prescribed Schedule 2 poisons, Schedule 3 poisons, Schedule 4 poisons and Schedule 8 poisons that a nurse practitioner whose registration is endorsed with the category of nurse practitioner—wound management is authorised to obtain and have in his or her possession and to use, sell or supply are the poisons set out in Part 1 of Schedule 3 to these Regulations. (2) The prescribed Schedule 3 poisons and Schedule 4 poisons that a nurse practitioner whose registration is endorsed with the category of nurse practitioner—intensive care unit liaison is authorised to obtain and have in his or her possession and to use, sell or supply are the poisons set out in Part 2 of Schedule 3 to these Regulations. (3) The prescribed Schedule 3 poisons and Schedule 4 poisons that a nurse practitioner whose registration is endorsed with the category of nurse practitioner—young people's health is authorised to obtain and have in his or her possession and to use, sell or supply are the poisons set out in Part 3 of Schedule 3 to these Regulations. r. 56 -- 62 of 101 -- Part 3—Prescribed Poisons for Categories of Nurse Practitioner Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 59 (4) The prescribed Schedule 2 poisons, Schedule 3 poisons, Schedule 4 poisons and Schedule 8 poisons that a nurse practitioner whose registration is endorsed with the category of nurse practitioner—palliative care is authorised to obtain and have in his or her possession and to use, sell or supply are the poisons set out in Part 4 of Schedule 3 to these Regulations. __________________ r. 56 -- 63 of 101 -- Part 4—Schedule 3 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 60 PART 4—SCHEDULE 3 POISONS 57. Therapeutic need to be determined—registered medical practitioners A registered medical practitioner must not administer, prescribe, sell or supply a Schedule 3 poison unless— (a) that poison is for the medical treatment of a person under his or her care; and (b) he or she has taken all reasonable steps to ensure a therapeutic need exists for that poison. Penalty: 50 penalty units. 58. Therapeutic need to be determined—nurse practitioners A nurse practitioner must not administer, prescribe, sell or supply a Schedule 3 poison unless— (a) that poison is for the treatment of a person under his or her care; and (b) he or she has taken all reasonable steps to ensure a therapeutic need exists for that poison. Penalty: 50 penalty units. 59. Therapeutic need to be determined—veterinary practitioners A veterinary practitioner must not administer, prescribe, sell or supply a Schedule 3 poison unless— (a) that poison is for the treatment of an animal under his or her care; and r. 57 -- 64 of 101 -- Part 4—Schedule 3 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 61 (b) he or she has taken all reasonable steps to ensure a therapeutic need exists for that poison. Penalty: 50 penalty units. 60. Therapeutic need to be determined—dentists A dentist must not administer, prescribe, sell or supply a Schedule 3 poison unless— (a) that poison is for the dental treatment of a person under his or her care; and (b) he or she has taken all reasonable steps to ensure a therapeutic need exists for that poison. Penalty: 50 penalty units. 61. Therapeutic need to be determined—pharmacists A pharmacist who supplies a Schedule 3 poison other than— (a) by wholesale; or (b) on the prescription of a registered medical practitioner, nurse practitioner, dentist or veterinary practitioner— must do so only for the therapeutic use of a person or animal, after having taken all reasonable steps to ensure a therapeutic need exists for that poison. Penalty: 50 penalty units. 62. Restrictions on storage and display A person who is authorised or licensed under the Act to sell or supply Schedule 3 poisons must not keep, store or display any Schedule 3 poison— (a) in a manner which readily allows self- selection by the public; or r. 60 -- 65 of 101 -- Part 4—Schedule 3 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 62 (b) in a manner which will promote the sale of that Schedule 3 poison or draw undue attention to it. Penalty: 50 penalty units. 63. Requirements to supply (1) A registered medical practitioner, pharmacist, veterinary practitioner, dentist or nurse practitioner who sells or supplies a Schedule 3 poison to a person must— (a) personally deliver or personally supervise its delivery to the person; and (b) provide directions for the use of the Schedule 3 poison; and (c) place a label on the container which uniquely identifies the supplier. Penalty: 50 penalty units. (2) Sub-regulation (1) does not apply to a pharmacist who sells or supplies a Schedule 3 poison by wholesale. (3) Sub-regulations (1)(a) and (b) do not apply to a pharmacist who sells or supplies a Schedule 3 poison on the prescription of a registered medical practitioner, veterinary practitioner, dentist or nurse practitioner. 64. Administration or supply prohibited if to support drug dependency A person must not administer, prescribe, sell or supply a Schedule 3 poison to a person merely for the purpose of supporting the drug dependence of that person. Penalty: 50 penalty units. __________________ r. 63 -- 66 of 101 -- Part 5—Schedule 7 Poisons Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 63 PART 5—SCHEDULE 7 POISONS 65. Controls concerning listed regulated poisons A person must not manufacture, sell, supply, purchase or otherwise obtain, possess or use a listed regulated poison unless the person is authorised, licensed or permitted under the Act or these Regulations to do so. Penalty: 100 penalty units. 66. Storage requirements A person who sells or supplies any Schedule 7 poison by retail in accordance with the Act (whether or not by authority under section 13 of the Act) must store all Schedule 7 poisons in that person's possession in a storage facility which is not accessible to the public, unless access to that area or facility is under the personal supervision of that person or a person acting under his or her direction. Penalty: 50 penalty units. 67. Licences, permits or warrants required for special Schedule 7 substances A person must not possess or use a special Schedule 7 substance unless he or she holds a licence, permit or warrant issued under the Act. Penalty: 100 penalty units. __________________ r. 65 -- 67 of 101 -- Part 6—General Requirements Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 64 PART 6—GENERAL REQUIREMENTS 68. Poisons to be sold by wholesale and retail in original unopened packs (1) A person who sells or supplies a poison or controlled substance by wholesale or retail must sell or supply that poison or controlled substance only in the original unopened pack as received from the person who supplied that wholesaler or retailer. Penalty: 50 penalty units. (2) Sub-regulation (1) does not apply to the sale or supply of a poison or controlled substance in the course of his or her professional practice by a person authorised under section 13(1) of the Act with respect to that poison or controlled substance. 69. Transfer of poisons to inappropriate containers prohibited Except in the course of actual use of a poison or controlled substance, a person must not remove that poison or controlled substance from the container in which it was dispensed, sold or supplied to put that poison or controlled substance— (a) into an unlabelled receptacle or container; or (b) into a receptacle or container which does not accurately identify that poison or controlled substance. Penalty: 50 penalty units. r. 68 -- 68 of 101 -- Part 6—General Requirements Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 65 70. Lost or stolen poisons to be notified (1) A person to whom this regulation applies who loses a poison or controlled substance or from whom a poison or controlled substance is stolen must immediately upon becoming aware of that loss or theft notify the Secretary or a member of the Victoria Police of the loss or theft. Penalty: 20 penalty units. (2) This regulation applies to— (a) a registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse practitioner and an authorised optometrist; or (b) a person who holds a licence, permit or warrant issued under the Act or these Regulations; or (c) a person who is referred to in Column 1 of Part 2 of the table in regulation 5; or (d) a person who sells or supplies any Schedule 7 poison by retail; or (e) a person who is an approved provider of an aged care service if— (i) in that service, there is a resident who is receiving a high level of residential care; and (ii) that resident has been supplied, on prescription, with a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison. r. 70 -- 69 of 101 -- Part 6—General Requirements Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 66 71. Access to certain poisons restricted to a needs basis A person who is authorised by, or licensed or permitted under, the Act or the regulations, to be in possession of a Schedule 4 poison, listed regulated poison, Schedule 8 poison or Schedule 9 poison must take all reasonable steps to restrict access to that poison or controlled substance to— (a) persons who are authorised by, or licensed or permitted under the Act or the regulations, to be in possession of that poison or controlled substance; and (b) persons to whom access is required for carrying out essential operations in relation to that poison or controlled substance. Penalty: 100 penalty units. 72. Form of seizure notice under section 43(1) of the Act For the purposes of section 43(1) of the Act, the prescribed form is the form of DP4 in Schedule 2. 73. Form of complaint notice against a seizure under section 43(2) of the Act For the purposes of section 43(2) of the Act, the prescribed form is the form of DP5 in Schedule 2. __________________ r. 71 -- 70 of 101 -- Part 7—Licences and Permits Issued under the Act Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 67 PART 7—LICENCES AND PERMITS ISSUED UNDER THE ACT 74. Licence to sell or supply Schedule 2 poisons by retail The Secretary must not grant to a person a licence under the Act to sell or supply by retail a Schedule 2 poison unless the business premises of that person are situated at least 25 kilometres distance away by the shortest practicable road from the nearest pharmacy business. 75. Fees (1) The prescribed fee for the issue of a licence or permit specified in an item in Column 1 of the following table is the amount specified in Column 2 of that table in respect of that licence or permit. (2) The prescribed fee for an amendment of a licence or permit specified in an item in Column 1 of the table, where the amendment requires inspection of the premises by an authorised officer, is the amount specified in Column 3 of that table in respect of that licence or permit. (3) The prescribed fee for the renewal of a licence or permit specified in an item in Column 1 of the table is the amount specified in Column 4 of that table in respect of that licence or permit. (4) The prescribed fee for an amendment of a licence or permit which does not require the inspection of premises by an authorised officer is 5⋅3 fee units. r. 74 -- 71 of 101 -- Part 7—Licences and Permits Issued under the Act Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 68 TABLE Column 1 Description of licence or permit Column 2 Issue of licence or permit Column 3 Amendment of licence or permit where amendment requires inspection of premises by an authorised officer Column 4 Renewal of licence or permit 1. A licence to manufacture and sell or supply by wholesale any Schedule 8 poison or Schedule 9 poison other than heroin. 107⋅6 fee units 107⋅6 fee units 73⋅8 fee units 2. Subject to item 3, a licence to manufacture and sell or supply by wholesale any Schedule 4 poison (alone or together with any Schedule 2 poison, Schedule 3 poison or Schedule 7 poison or any combination of those poisons). 78⋅8 fee units 78⋅8 fee units 38⋅6 fee units r. 75 -- 72 of 101 -- Part 7—Licences and Permits Issued under the Act Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 69 Column 1 Description of licence or permit Column 2 Issue of licence or permit Column 3 Amendment of licence or permit where amendment requires inspection of premises by an authorised officer Column 4 Renewal of licence or permit 3. A licence to manufacture and sell or supply by wholesale any Schedule 2 poison, Schedule 3 poison or Schedule 7 poison or any combination of those poisons. 56⋅9 fee units 56⋅9 fee units 20⋅1 fee units 4. A licence to manufacture and sell or supply by retail a Schedule 7 poison (other than a listed regulated poison). 49⋅3 fee units 49⋅3 fee units 18⋅6 fee units 5. Subject to item 6, a licence to sell or supply by wholesale any Schedule 8 poison or Schedule 9 poison other than heroin. 107⋅6 fee units 107⋅6 fee units 73⋅8 fee units r. 75 -- 73 of 101 -- Part 7—Licences and Permits Issued under the Act Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 70 Column 1 Description of licence or permit Column 2 Issue of licence or permit Column 3 Amendment of licence or permit where amendment requires inspection of premises by an authorised officer Column 4 Renewal of licence or permit 6. A licence to sell or supply by wholesale by Indent any Schedule 8 poison or Schedule 9 poison other than heroin. 49⋅3 fee units 49⋅3 fee units 33⋅4 fee units 7. Subject to item 8, a licence to sell or supply by wholesale any Schedule 4 poison (alone or together with any Schedule 2 poison, Schedule 3 poison or Schedule 7 poison or any combination of those poisons). 78⋅8 fee units 78⋅8 fee units 38⋅6 fee units r. 75 -- 74 of 101 -- Part 7—Licences and Permits Issued under the Act Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 71 Column 1 Description of licence or permit Column 2 Issue of licence or permit Column 3 Amendment of licence or permit where amendment requires inspection of premises by an authorised officer Column 4 Renewal of licence or permit 8. A licence to sell or supply by wholesale by Indent any Schedule 4 poison (alone or together with any Schedule 2 poison, Schedule 3 poison or Schedule 7 poison or any combination of those poisons). 49⋅3 fee units 49⋅3 fee units 22⋅7 fee units 9. Subject to item 10, a licence to sell or supply by wholesale any Schedule 2 poison, Schedule 3 poison or Schedule 7 poison or any combination of those poisons. 56⋅9 fee units 56⋅9 fee units 20⋅1 fee units r. 75 -- 75 of 101 -- Part 7—Licences and Permits Issued under the Act Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 72 Column 1 Description of licence or permit Column 2 Issue of licence or permit Column 3 Amendment of licence or permit where amendment requires inspection of premises by an authorised officer Column 4 Renewal of licence or permit 10. A licence to sell or supply by wholesale by Indent any Schedule 2 poison, Schedule 3 poison or Schedule 7 poison or any combination of those poisons. 49⋅3 fee units 49⋅3 fee units 18⋅6 fee units 11. A licence to sell or supply by retail any Schedule 2 poison. 33⋅7 fee units 33⋅7 fee units 14⋅1 fee units 12. A permit to purchase or obtain and use for industrial, educational, advisory or research purposes any Schedule 8 poison or Schedule 9 poison (alone or together with any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 7 poison or any combination of those poisons). 47⋅8 fee units 47⋅8 fee units 18⋅3 fee units r. 75 -- 76 of 101 -- Part 7—Licences and Permits Issued under the Act Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 73 Column 1 Description of licence or permit Column 2 Issue of licence or permit Column 3 Amendment of licence or permit where amendment requires inspection of premises by an authorised officer Column 4 Renewal of licence or permit 13. A permit to purchase or obtain and use for industrial, educational, advisory or research purposes any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 7 poison or any combination of those poisons. 43⋅8 fee units 43⋅8 fee units 15⋅5 fee units 14. A permit to purchase or obtain and use any poison or controlled substance for the provision of health services by the following types of health service provider— Type A (single site with no beds); 36⋅2 fee units 36⋅2 fee units 14⋅4 fee units r. 75 -- 77 of 101 -- Part 7—Licences and Permits Issued under the Act Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 74 Column 1 Description of licence or permit Column 2 Issue of licence or permit Column 3 Amendment of licence or permit where amendment requires inspection of premises by an authorised officer Column 4 Renewal of licence or permit Type B (residential aged care with single storage facility (no bed limit) or single site with 1 to 30 beds); 55⋅5 fee units 55⋅5 fee units 20⋅5 fee units Type C (multiple sites with no beds or single site with 31 to 100 beds); 76⋅3 fee units 76⋅3 fee units 34⋅2 fee units Type D (multiple sites or single site with more than 100 beds). 108⋅2 fee units 108⋅2 fee units 48⋅3 fee units __________________ r. 75 -- 78 of 101 -- Part 8—Transitionals Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 75 PART 8—TRANSITIONALS 76. Continuity of approvals, authorisations and directions (1) An approval given by the Secretary under regulations 5(2)(a) and 5(2)(b) of the Drugs, Poisons and Controlled Substances Regulations 1995 and in force immediately before the commencement of these Regulations continues in force as if that approval had been given under regulation 6 of these Regulations. (2) An approval given by the Secretary under regulation 5(4) of the Drugs, Poisons and Controlled Substances Regulations 1995 and in force immediately before the commencement of these Regulations continues in force as if that approval had been given under regulation 5(3) of these Regulations. (3) An approval given by the Secretary under regulation 23(1) of the Drugs, Poisons and Controlled Substances Regulations 1995 and in force immediately before the commencement of these Regulations continues in force as if that approval had been given under regulation 26(1) of these Regulations. (4) A direction given by the Secretary under regulation 36(1) of the Drugs, Poisons and Controlled Substances Regulations 1995 and in force immediately before the commencement of these Regulations continues in force as if that direction had been given under regulation 37(1)(a) of these Regulations. r. 76 -- 79 of 101 -- Part 8—Transitionals Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 76 (5) A direction given by the Secretary under regulation 50(2) of the Drugs, Poisons and Controlled Substances Regulations 1995 and in force immediately before the commencement of these Regulations continues in force as if that direction had been given under regulation 51(5) of these Regulations. (6) An authorisation given by the Secretary under regulation 51 of the Drugs, Poisons and Controlled Substances Regulations 1995 and in force immediately before the commencement of these Regulations continues in force as if that authorisation had been given under regulation 52 of these Regulations. __________________ r. 76 -- 80 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 77 SCHEDULES SCHEDULE 1 REVOKED STATUTORY RULES S.R. No. Title 20/1996 Drugs, Poisons and Controlled Substances (Amendment) Regulations 1996 47/1996 Drugs, Poisons and Controlled Substances (Further Amendment) Regulations 1996 81/1996 Drugs, Poisons and Controlled Substances (Labelling and Container) (Amendment) Regulations 1996 26/1997 Drugs, Poisons and Controlled Substances (Fees) Regulations 1997 75/1997 Drugs, Poisons and Controlled Substances (Amendment) Regulations 1997 132/1998 Drugs, Poisons and Controlled Substances (Optometrists) Regulations 1998 159/1998 Drugs, Poisons and Controlled Substances (Amendment) Regulations 1998 86/2002 Drugs, Poisons and Controlled Substances (Fees) Regulations 2002 67/2003 Drugs, Poisons and Controlled Substances (Fees) Regulations 2003 43/2004 Drugs, Poisons and Controlled Substances (Amendment) Regulations 2004 44/2004 Drugs, Poisons and Controlled Substances (Division 2 Nurses Amendment) Regulations 2004 150/2004 Drugs, Poisons and Controlled Substances (Nurse Practitioner and Miscellaneous Amendments) Regulations 2004 39/2005 Drugs, Poisons and Controlled Substances (Amendment) Regulations 2005 Sch. 1 -- 81 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 78 S.R. No. Title 117/2005 Drugs, Poisons and Controlled Substances (Fees) Regulations 2005 16/2006 Drugs, Poisons and Controlled Substances (Amendment) (Nurse Practitioners - Palliative Care) Regulations 2006 __________________ Sch. 1 -- 82 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 79 SCHEDULE 2 FORMS Regulation 18 FORM DP1 Drugs, Poisons and Controlled Substances Regulations 2006 NOTIFICATION OF DRUG DEPENDENT PERSON I, [full name of registered medical practitioner/nurse practitioner] of [address of registered medical practitioner/nurse practitioner—including telephone and fax numbers] have reason to believe that [full name of patient] of [address of patient] is dependent on [name of drug(s)] and my belief is based on the following grounds: PATIENT DETAILS Aliases (if any) Height Occupation Colour of eyes Sex Tattoos Date of birth Other distinguishing features Mother's full maiden name Other drugs used by patient Marital status Approximate period of drug dependency Intention to prescribe Source of drugs DPU number (if known) Signature of registered medical practitioner/nurse practitioner Date _______________ Sch. 2 -- 83 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 80 FORM DP2 Regulations 19, 21(3), 22(3) Drugs, Poisons and Controlled Substances Regulations 2006 TREATMENT WITH SCHEDULE 8 POISONS OR SCHEDULE 9 POISONS BY A REGISTERED MEDICAL PRACTITIONER OR SCHEDULE 8 POISONS BY A NURSE PRACTITIONER (Notice of and application for permit to administer, prescribe or supply) PART A: FOR TREATMENT WITH SCHEDULE 8 OR SCHEDULE 9 POISONS OTHER THAN METHADONE OR BUPRENORPHINE Section 1: (To be completed in all cases) Full name of patient Date of birth Sex Private address of patient Postcode Full name and qualifications of registered medical practitioner/nurse practitioner Address of registered medical practitioner/nurse practitioner Postcode Telephone and fax no. of registered medical practitioner/nurse practitioner Name and address of hospital where patient is undergoing treatment (if applicable) Clinical diagnosis Section 2: (To be completed if the patient requires continuing treatment) Schedule 8 poison(s) or Schedule 9 poison(s)* for which permit is requested: NAME OF POISON(S) EXPECTED MAXIMUM DAILY DOSE Duration for which that poison(s) has been used Details of other treatment (if applicable) I have/have not previously applied for a permit to administer, prescribe or supply a Schedule 8 poison or a Schedule 9 poison* to this patient. Sch. 2 -- 84 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 81 Section 3: (Notification of specified conditions and circumstances as required by section 35(2A) of the Drugs, Poisons and Controlled Substances Act 1981) Condition and circumstances Schedule 8 drugs that may be necessary Signature of registered medical practitioner/nurse practitioner Date *References to Schedule 9 poisons must be deleted where this Form is completed by a nurse practitioner —— PART B: FOR TREATMENT OF AN OPIATE DEPENDENT PERSON WITH METHADONE OR BUPRENORPHINE I, [full name of registered medical practitioner/ nurse practitioner] of [address of registered medical practitioner/nurse practitioner, including postcode, phone and fax numbers] certify that this patient shows evidence of dependence on an opioid drug and that, in my opinion, methadone/buprenorphine is required in support of treatment. Personal Details: Full name of patient Address of patient Date of birth DPU number (if known) Sex Aliases (if any) Mother's full maiden name Height Medical Details of Patient: Starting drug Starting methadone/buprenorphine dose Anticipated date of first dose Period for which permit sought (if short term) Has patient been on a methadone or buprenorphine program previously? (Yes/No) Sch. 2 -- 85 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 82 If yes, details of contact with previous prescriber or dosing pharmacy Is patient transferring from another prescriber? Yes/No If Yes, indicate prescriber's name and suburb Is that prescriber aware of transfer? Last drug used by that prescriber? (methadone/buprenorphine) Name, address and telephone number of person dispensing methadone/buprenorphine Signature of registered medical practitioner/nurse practitioner Date _______________ Sch. 2 -- 86 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 83 FORM DP3 Regulation 20 Drugs, Poisons and Controlled Substances Regulations 2006 PERMIT TO ADMINISTER, PRESCRIBE OR SUPPLY A SCHEDULE 8 POISON OR SCHEDULE 9 POISON BY A REGISTERED MEDICAL PRACTITIONER OR A SCHEDULE 8 POISON BY A NURSE PRACTITIONER This permit is granted to [full name and address of registered medical practitioner/nurse practitioner] and authorises that registered medical practitioner/nurse practitioner to administer, prescribe or supply the following poison(s) in accordance with the following details and conditions. The poison(s) must not be administered, prescribed or supplied in excess of the quantities specified, or for a period greater than that specified in this permit. Name of patient Address of patient NAME OF POISON MAXIMUM DOSE Special conditions: (if any) This permit is valid from [date] to [date (if applicable)] unless sooner revoked or suspended. Date Secretary _______________ Sch. 2 -- 87 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 84 FORM DP4 Regulation 72 Drugs, Poisons and Controlled Substances Regulations 2006 NOTICE OF SEIZURE To of I, an authorised officer under the Drugs, Poisons and Controlled Substances Act 1981 give notice that I have at a.m./p.m. this day seized on the following grounds: at in the municipal district of the poisons or controlled substances, other substances or documents described below: of which you are Unless you, or a person claiming the poisons or controlled substances, other substances or documents complain to a registrar of the Magistrates' Court within 96 hours of seizure by giving notice of complaint in the form of Form DP5 to the Drugs, Poisons and Controlled Substances Regulations 2006, and a copy of that notice to the authorised officer who made the seizure, the poisons or controlled substances, other substances or documents will be destroyed or disposed of. Dated at this day of 20 , at a.m./p.m. Authorised Officer Whose address for service of any notice of complaint verified by an accompanying statutory declaration is _______________ Sch. 2 -- 88 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 85 FORM DP5 Regulation 73 Drugs, Poisons and Controlled Substances Regulations 2006 NOTICE OF COMPLAINT IN RESPECT OF A SEIZURE To the registrar of the Magistrates' Court at I, of [Full name] [Address] being claimant of the poisons or controlled substances, other substances or documents described below— which were seized by on the day of at a.m./p.m., in accordance with section 43(2) of the Drugs, Poisons and Controlled Substances Act 1981, complain about that seizure. [Signature of complainant] [Date] Note: Section 43(2) of the Drugs, Poisons and Controlled Substances Act 1981 requires that in lodging a notice of complaint to the registrar of the Magistrates' Court— (a) the notice must be verified by an accompanying statutory declaration; and (b) a copy of the notice and statutory declaration must be given to the authorised officer who made the seizure. __________________ Sch. 2 -- 89 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 86 SCHEDULE 3 Regulation 56 PART 1 NURSE PRACTITIONER—WOUND MANAGEMENT The prescribed poisons that a nurse practitioner—wound management is authorised to obtain and have in his or her possession and to use, sell or supply are the substances listed below— Schedule 2 poisons— Codeine Lignocaine Paracetamol Schedule 3 poisons— Clotrimazole Codeine Iron compounds Miconazole Schedule 4 poisons— Amoxycillin Betamethasone Bupivacaine Cephalexin Ciprofloxacin Clavulanic acid Clindamycin Codeine Dicloxacillin Doxycycline Flucloxacillin Lignocaine Methylprednisolone Metronidazole Mupirocin Silver sulfadiazine Terbinafine Tramadol Triamcinolone Sch. 3 -- 90 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 87 Schedule 8 poisons— Morphine Oxycodone PART 2 NURSE PRACTITIONER—INTENSIVE CARE UNIT LIAISON The prescribed poisons that a nurse practitioner—intensive care unit liaison is authorised to obtain and have in his or her possession and to use, sell or supply are the substances listed below— Schedule 3 poison— Adrenaline Schedule 4 poisons— Adrenaline Digoxin Dobutamine Dopamine Frusemide PART 3 NURSE PRACTITIONER—YOUNG PEOPLE'S HEALTH The prescribed poisons that a nurse practitioner—young people's health is authorised to obtain and have in his or her possession and to use, sell or supply are the substances listed below— Schedule 3 poisons— Levonorgestrel Salbutamol Schedule 4 poisons— Azithromycin Ethinyloestradiol Hepatitis B vaccine Levonorgestrel Medroxyprogesterone Sch. 3 -- 91 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 88 PART 4 NURSE PRACTITIONER—PALLIATIVE CARE The prescribed poisons that a nurse practitioner—palliative care is authorised to obtain and have in his or her possession and to use, sell or supply are the substances listed below— Schedule 2 poisons— Aspirin Atropa Belladonna Atropine Sulphate Codeine Hyoscine Butylbromide Ibuprofen Loperamide Miconazole Naproxen Nystatin Pholcodine Ranitidine Schedule 3 poisons— Codeine Diphenoxylate Diclofenac Macrogol 3350 Nystatin Miconazole Metoclopramide Prochlorperazine Schedule 4 poisons— Amitriptyline Amphotericin Aspirin Atropine Atropa Belladonna Carbamazepine Clonazepam Codeine Dexamethasone Diazepam Diclofenac Diphenoxylate Domperidone Gabapentin Sch. 3 -- 92 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 89 Haloperidol Hyoscine Ibuprofen Loperamide Lorazepam Metoclopramide Metronidazole Miconazole Midazolam Naproxen Naloxone Nitrazepam Nystatin Omeprazole Pantoprazole Paracetamol Pholcodine Prednisolone Prochlorperazine Ranitidine Sodium Valproate Temazepam Tramadol Schedule 8 poisons— Codeine Fentanyl Hydromorphone Morphine Oxycodone ═══════════════ Sch. 3 -- 93 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 90 ENDNOTES Fee Units These Regulations provide for fees by reference to fee units established under the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2005 is $10.49. The value of a fee unit for the financial year commencing 1 July 2006 is $10.75. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. —— Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004 Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 4 (definition of "listed regulated poison") Poisons Code Part 2 of Chapter 1 Regulation 4 (definition of "ovulatory stimulant") Poisons Code Part 2 of Chapter 1 Regulation 4 (definition of "prostaglandin") Poisons Code Part 2 of Chapter 1 Endnotes -- 94 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 91 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 4 (definition of "retinoid") Poisons Code Part 2 of Chapter 1 Regulation 4 (definition of "special Schedule 7 substance") Poisons Code which incorporates: Appendix C of Part 5 of the Standard for the Uniform Scheduling of Drugs and Poisons as in force from time to time Part 2 of Chapter 1 Endnotes -- 95 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 92 INDEX Subject Regulation Act (def.) 4 Aged care services approved providers (def.) 4 definition 4 high level of residential care (def.) 4 providers' duties regarding Schedule 4, 8, 9 poisons 36, 39–44, 70 See also Licences, permits and warrants Ambulance services operational staff 5, 36, 39, 46, 70 Amphetamines 22, Sch. 2 Animals 12–13 See also Prescriptions; Veterinary practitioners Attention deficit disorder 22 Authorised optometrists dealings in Schedule 4 poisons emergency supply on oral instructions of 27, 47 labelling 29 notice of loss, theft 70 notice of poisons obtained fraudulently 14 orders for administration of 46 storage 34 therapeutic need for 11 definition 4 See also Prescriptions; Records Carriers 5 Definitions 4, 38 Dental auxiliaries 5, 36, 39, 46, 70 Dentists dealings in drugs of dependence 10 dealings in Schedule 3 poisons 60, 63 dealings in Schedule 4, 8, 9 poisons emergency supply on oral instructions of 27, 47 labelling 29 orders for administration of 46 patient identity and therapeutic need for 10 permits required for Schedule 9 poisons 7 storage 34–35 drugs, poisons dentists prohibited from dealing in 23, 55 notice of drugs, poisons obtained fraudulently 14 notice of loss, theft of poisons, substances 70 See also Prescriptions; Records Dexamphetamine 22, Sch. 2 Drug-dependent persons 18–20, Sch. 2 -- 96 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 93 Subject Regulation Drugs of dependence disclosure of use within previous 8 weeks 24 for animals 12–13 obtained fraudulently 14 patient identity, therapeutic need 8, 10, 12–13 permits for specialised supply, treatment with 19–22, Sch. 2 prohibited supply, administration 49, 64 storage 35 See also Prescriptions Schedule 8 and Schedule 9 poisons Environmental health officers 5, 36, 39, 46, 70 Etorphine permit holders See Licences, permits and warrants Labelling and packaging 29, 68–69 Licences, permits and warrants agents of holders of 5 etorphine permit holders 5, 36, 39, 46, 70 fees 75 holders of notice of loss, theft of poisons, substances by 70 possession, use of Schedule 4, 8, 9 poisons by 5 records kept by 39–44 restriction of access to poisons, substances by 71 storage, display of Schedule 3 poisons by 62 storage of Schedule 4, 8, 9 poisons by 34–35 licences to sell, supply Schedule 2 poisons by retail 74 permits for Schedule 9 poisons 7 permits for specialised supply of Schedule 8, 9 poisons 19–22, Sch. 2 required for listed regulated poisons 65 required for special Schedule 7 substances 67 warrants for ovulatory stimulants, prostaglandins, retinoids, thalidomide 53–54 Listed regulated poisons See Schedule 7 poisons Medical practitioners dealings in ovulatory stimulants, prostaglandins, retinoids, thalidomide 53–54 dealings in Schedule 3 poisons 57, 63 dealings in Schedule 4, 8, 9 poisons, drugs of dependence emergency supply on oral instructions of 27, 47 labelling 29 orders for administration of 46 patient identity and therapeutic need for 8 permits for Schedule 9 poisons 7 permits for specialised supply, treatment with 19–22, Sch. 2 storage 34–35 notice of drug-dependent persons 18, Sch. 2 notice of drugs, poisons obtained fraudulently 14 notice of loss, theft of poisons, substances 70 See also Prescriptions; Records -- 97 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 94 Subject Regulation Methadone 19, 21, 23, Sch. 2 Methylamphetamine 22, Sch. 2 Methylphenidate 22, Sch. 2 Narcotic plants 52 Nurse practitioners dealings in Schedule 3 poisons 58, 63 dealings in Schedule 4, 8 poisons emergency supply on oral instructions of 27, 47 labelling 29 notice of poisons obtained fraudulently 14 orders for administration of 46 patient identity and therapeutic need for 9 permits for specialised supply, treatment with 19–22, Sch. 2 storage 34–35 notice of drug-dependent persons 18, Sch. 2 notice of loss, theft of poisons, substances 70 prescribed poisons according to categories of 56, Sch. 3 See also Prescriptions; Records Nurses authorised to possess Schedule 4, 8, 9 poisons 5 administration of drugs, poisons by 46–47 definition 4 notice of loss, theft of poisons, substances 70 records kept by 39–44 storage of Schedule 4, 8, 9 poisons 34–36 Optometrists 5, 36, 39, 46, 70 See also Authorised optometrists Orthoptists 4, 5, 36, 39, 46, 70 Ovulatory stimulants 4, 53–55 Packaging See Labelling and packaging Palliative care services 4, 21 Permits See Licences, Permits and warrants Pharmacists dealings in drugs of dependence 12 dealings in Schedule 3 poisons 61, 63 dealings in Schedule 4, 8, 9 poisons emergency supply by 15, 27 labelling 29 permits required for Schedule 9 poisons 7 sales, supply of Schedule 4, 8 poisons 15–17 storage 34–35 notice of drugs, poisons obtained fraudulently 14 notice of loss, theft of poisons, substances 70 notice of similar supply by different prescribers 32 See also Prescriptions; Records Podiatrists 4, 5, 36, 39, 46, 70 -- 98 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 95 Subject Regulation Prescriptions circumstances where not to be filled 31 details included in records of transactions 40 duration 30 for animals 25–26 fraudulent, forged prescriptions 14, 31 from different prescribers for similar supply 32 information included in 26 interstate prescriptions 17 marking upon supply 30, 33 oral instructions confirmed by 27 persons authorised to write 25 required for sale, supply by pharmacists 15 requirements in general 25–26 restrictions on dentists 26 retention, production on demand 33 supply on copies of 16 verification of certain details before supply 28 Prostaglandins 4, 53–55 Records definition of transactions for which required 38 details contained in 40 false, misleading entries 42 investigation of discrepancies 43 loss, destruction, theft 44 of destruction of Schedule 8, 9 poisons 40, 51 persons required to keep 39 retention, retrieval, production on demand 41 Registered dental auxiliaries See Dental auxiliaries Regulations authorising provisions 2 objectives 1 revocations 3, Sch. 1 transitional provisions 76 Retinoids 4, 53–55 Revocations 3, Sch. 1 Sales (General) 68 Schedule 2 poisons 56, 74–75, Sch. 3 Schedule 3 poisons prescribed according to nurse practitioner category 56, Sch. 3 prohibited supply, administration 64 requirements of supply, storage and display 62–63 therapeutic need for 57–61 See also Licences, permits and warrants -- 99 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 96 Subject Regulation Schedule 4 poisons approval for possession, use 6 emergency supply 15, 27 for animals 13 labelling 29 obtained fraudulently 14 patient identity, therapeutic need for 8–11, 13 persons authorised to possess, use 5 prescribed according to nurse practitioner category 56, Sch. 3 restriction of access to 71 sales, supply by pharmacists 15–17 storage 34, 36–37 use, administration in general 45–49 See also Licences, permits and warrants; Prescriptions; Records Schedule 7 poisons listed regulated poisons 4, 65, 71 notice of loss, theft by sellers, suppliers of 70 special Schedule 7 substances 4, 67 storage requirements 66 See also Licences, permits and warrants Schedule 8 and Schedule 9 poisons destruction 40, 50–51 emergency supply 15, 27 labelling 29 notice of treatment with 19, Sch. 2 obtained fraudulently 14 permits for specialised supply, treatment with 19–22, Sch. 2 permits required for Schedule 9 poisons 7 persons authorised to possess, use 5 restriction of access to 71 Schedule 8 poisons approval for possession, use 6 for animals 13 patient identity, therapeutic need for 8–10, 13 prescribed for nurse practitioner category 56, Sch. 3 sales, supply by pharmacists 15–16 storage 35–37 use, administration in general 45–49 See also Licences, permits and warrants; Prescriptions; Records Secretary functions, powers regarding approval of Schedule 4, 8 poisons 6 authority to cultivate narcotics 52 destruction of Schedule 8, 9 poisons 51 licences, permits 20–22, 74 nurses 5 prescriptions 26 storage 37 -- 100 of 101 -- Drugs, Poisons and Controlled Substances Regulations 2006 S.R. No. 57/2006 97 Subject Regulation Seizure 72–73, Sch. 2 Ship masters, officers, crew members 5, 36, 39, 46, 70 Ski patrollers 5, 36, 39, 46, 70 Special Schedule 7 substances See Schedule 7 poisons St John Ambulance members 5, 36, 39, 46, 70 State Emergency Services dealings in Schedule 4, 8 poisons by directors of 5, 36, 39, 46, 70 Storage 4, 34–37, 66 Thalidomide 53–55 Transitional provisions 76 Veterinary practitioners dealings in drugs of dependence 13 dealings in Schedule 3 poisons 59, 63 dealings in Schedule 4, 8, 9 poisons emergency supply on oral instructions of 27 labelling 29 permit for Schedule 9 poisons 7 storage 34–35 therapeutic need for 13 notice of drugs, poisons obtained fraudulently 14 notice of loss, theft of poisons, substances 70 See also Prescriptions; Records Warrants See Licences, permits and warrants -- 101 of 101 --