Division 2Division 2 Restrictions on prescribing drugs of addiction
In this Division:drug dependent person means a person who has acquired, as a result of repeated administration of:
(a) a drug of addiction, or(b) a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985,an overpowering desire for the continued administration of such a drug.
28 Prohibition on prescribing drugs of addiction in certain cases
(1) A medical practitioner or nurse practitioner must not, without the proper authority, prescribe for or supply to any person a type A drug of addiction.(2) A medical practitioner or nurse practitioner must not, without the proper authority, prescribe or supply a type B drug of addiction:(a) for continuous therapeutic use by a person for a period exceeding 2 months, or(b) for a period that, together with any other period for which that drug or any other type B drug of addiction has been prescribed or supplied by the medical practitioner or nurse practitioner or has, to the medical practitioner’s or nurse practitioner’s knowledge, been prescribed or supplied by any other medical practitioner or nurse practitioner, would result in that drug, or that drug together with any other such drug, being prescribed or supplied for continuous therapeutic use for a period exceeding 2 months.(3) A medical practitioner or nurse practitioner must not, without the proper authority, prescribe for or supply to a person who, in the opinion of the medical practitioner or nurse practitioner, is a drug dependent person a type C drug of addiction.(4) For the purposes of this section, the proper authority means an authority under section 29 that authorises the medical practitioner or nurse practitioner to prescribe or supply the drug of addiction to the person concerned.(5) A drug of addiction may be prescribed for or supplied to a person by a medical practitioner or nurse practitioner without the proper authority if the medical practitioner or nurse practitioner is authorised by the regulations to prescribe or supply the drug without an authority under section 29.(6) In this section:type A drug of addiction means a drug of addiction prescribed by the regulations under this section as a type A drug of addiction.
type B drug of addiction means a drug of addiction prescribed by the regulations under this section as a type B drug of addiction.
type C drug of addiction means any drug of addiction (other than a type A drug of addiction).
28A Approval of prescribers of drugs of addiction
(1) The Director-General may, on the recommendation of the Medical Committee, approve a medical practitioner as a prescriber of drugs of addiction.(2) Application for such an approval must be made to the Director-General in writing and must be referred by the Director-General to the Medical Committee for its recommendation.(3) An applicant must provide the Director-General:(a) in the application, and(b) before approval of the application,with such information relevant to the application as the Director-General requires.(4) The Director-General may give an unconditional approval or an approval subject to specified conditions.(5) An approval given subject to conditions is ineffective unless the conditions are complied with.(6) The Director-General may, on the recommendation of the Medical Committee:(a) revoke an approval or a condition of an approval,(b) amend a condition of an approval,(c) impose a condition of an approval that was an unconditional approval, or(d) impose an additional condition of an approval.(7) The Director-General may, pending receipt of a recommendation for the purposes of subsection (6) or before referring the matter to the Medical Committee for a recommendation if the circumstances are sufficiently urgent to require immediate action:(a) suspend an approval, or(b) impose or amend a condition of an approval.(8) The Director-General may arrange for an approval to be referred from time to time to the Medical Committee for review and a report and recommendation to the Director-General as a result of the review.(9) Nothing in this section prevents the Director-General from refusing an application or from referring for report and recommendation by the Medical Committee any question arising under this section.(10) For the purposes of subsection (7), the circumstances are sufficiently urgent to require immediate action with respect to a medical practitioner’s approval if the Director-General is of the opinion that the action is necessary for the purpose of protecting the life, or the physical or mental health, of the medical practitioner or any other person (whether or not any other such person is identifiable).
29 Director-General may authorise prescription or supply of drugs of addiction
(1) An application for the authority of the Director-General referred to in section 28 is to be in a form approved by the Director-General.(2) Any such application may be referred by the Director-General to the Medical Committee.(3) The Director-General may give an authority for the medical practitioner or nurse practitioner by whom any such application is made to prescribe for or supply to the person to whom the application relates any drug of addiction specified in that authority for the purpose of the treatment of that person.(4) Where the Director-General refers an application to the Medical Committee, the Director-General shall take into consideration any report of that Committee relating to that application made before the authority is granted.(4A) If an application has been referred to the Medical Committee under subsection (2), the Director-General may issue a temporary authority to the applicant expiring on a specified date that is not later than 4 months after its issue.(5) An authority (whether or not a temporary authority):(a) may specify the maximum quantity of the drug of addiction that may be so prescribed or supplied by the medical practitioner or nurse practitioner,(b) may specify the period for which any such drug may be so prescribed or supplied,(c) may be given subject to such conditions as the Director-General thinks fit and specifies in the authority, and(d) is to be in a form approved by the Director-General.(6) Any such authority given verbally shall be confirmed in writing or by electronic communication as soon as practicable after it is given.(7) The Director-General may revoke an authority (including a temporary authority) given under this section.(8) The Director-General may arrange for an authority to be referred from time to time to the Medical Committee for review and a report and recommendation to the Director-General as a result of the review.
(1) The Minister shall constitute a Medical Committee for the purposes of this Division.(2) The Medical Committee shall consist of:(a) a medical practitioner nominated by the Australian Medical Association (NSW) Limited,(b) a medical practitioner nominated by the Royal Australasian College of Physicians, New South Wales State Committee, and(c) a medical practitioner nominated by the Minister.(3) If within the time specified by the Minister in a notice in writing served on the Australian Medical Association (NSW) Limited, or the Royal Australasian College of Physicians, New South Wales State Committee, as the case may be, a medical practitioner is not nominated for the purpose of subsection (2) (a) or (b) the Minister may appoint any medical practitioner to be a member of the Medical Committee in the place of the member referred to in subsection (2) (a) or (b), as the case may be.(4) The Medical Committee shall consider every application referred to it under section 28A or 29 (2) and shall, as soon as practicable after the application is referred to it, furnish to the Director-General a report in writing containing a recommendation whether or not an approval or authority of the kind applied for should be given and whether, if given, it should be unconditional or subject to specified conditions.(5) A member of the Medical Committee is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
30AA Power of Medical Committee to obtain information
(1) This section applies if:(a) under section 28A (8) or 29 (8) the Director-General refers an approval or an authority to the Medical Committee for review, and(b) the review of the approval or authority is with respect to a possible contravention of this Act or the regulations, or a failure to comply with any conditions to which the approval or authority is subject.(2) For the purposes of conducting the review and preparing its report and the recommendation, the Medical Committee may require the Health Care Complaints Commission, the Medical Council of New South Wales, the Medical Board of Australia, the Nursing and Midwifery Council of New South Wales or the Nursing and Midwifery Board of Australia to provide the Medical Committee with any information in the Commission’s, Council’s or Board’s possession that is relevant to the Medical Committee’s review.(3) A requirement made by the Medical Committee under this section must be made in writing.(4) The Health Care Complaints Commission, the Medical Council of New South Wales, the Medical Board of Australia, the Nursing and Midwifery Council of New South Wales and the Nursing and Midwifery Board of Australia must comply with any reasonable requirement given to the Commission, Council or Board under this section.(5) This section applies despite any provision of the Health Care Complaints Act 1993 or the Health Practitioner Regulation National Law.(6) (Repealed)
(1) The Medical Committee may establish subcommittees to assist it in the exercise of its functions.(2) It does not matter that any or all of the members of a subcommittee are not members of the Medical Committee.(3) The procedure for the calling of meetings of a subcommittee and for the conduct of business at those meetings shall be as determined by the Medical Committee or (subject to any determination by the Medical Committee) by the subcommittee.
The Medical Committee may delegate to a subcommittee of the Medical Committee any of its functions other than:(a) this power of delegation, and(b) any function required by the regulations to be exercised only by the Medical Committee.