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Contents (2008 - 392)
Poisons and Therapeutic Goods Regulation 2008
Current version for 1 July 2017 to date (accessed 18 November 2017 at 15:20)
Part 3 Division 6
Division 6 Administration
58   Administration by persons employed at a hospital
(1)  A person employed at a hospital must not administer a restricted substance to a patient in the hospital otherwise than on the direction of an authorised practitioner (other than a veterinary practitioner).
(2)  Such a direction:
(a)  must be given in writing (otherwise than by electronic mail or facsimile) or in any other manner approved by the Director-General for the purposes of this paragraph, or
(b)  in an emergency, may be given:
(i)  by electronic mail or by facsimile, or
(ii)  orally, by telephone or in any other manner approved by the Director-General for the purposes of this subparagraph.
(3)  An authorised practitioner who gives a direction under subclause (2) (b) (ii) must:
(a)  as soon as is practicable (and in any case within the next 24 hours) either:
(i)  sign an entry in the patient’s medical history confirming that he or she has given the direction, or
(ii)  confirm the direction by electronic mail or by facsimile, and
(b)  attend to review the patient as soon as he or she considers it appropriate in the circumstances of the case.
(4)  If confirmation is not received within 7 days after the restricted substance is administered, the person by whom the substance was administered must report that fact to the Director-General.
(5)  An authorised practitioner who, by electronic mail or by facsimile, gives or confirms a direction for the administration of a restricted substance to a patient must attend to review the patient as soon as he or she considers it appropriate in the circumstances of the case.
(6)  Subclauses (3), (4) and (5) do not apply to the administration of a restricted substance to an inmate of a correctional centre (within the meaning of the Crimes (Administration of Sentences) Act 1999) if confirmation of the direction for the administration of the substance has been given in accordance with the requirements of a protocol approved by the Director-General.
Maximum penalty: 15 penalty units.
59   Administration of prescribed restricted substances
(1)  A person must not self-administer a prescribed restricted substance, or administer a prescribed restricted substance to any other person, otherwise than:
(a)  for the purposes of medical treatment prescribed by a medical practitioner, or
(b)  for the purposes of dental treatment prescribed by a dentist, or
(c)  for the purposes of treatment prescribed by:
(i)  a nurse practitioner in the course of practising as a nurse practitioner, or
(ii)  a midwife practitioner in the course of practising as a midwife practitioner, or
(iii)  an optometrist in the course of practising as an optometrist, or
(iv)  a podiatrist in the course of practising as a podiatrist.
Maximum penalty: 20 penalty units.
(2)  For the purposes of subclause (1), it is sufficient if the treatment referred to in subclause (1) (a) or (b) in relation to the self-administration of a prescribed restricted substance has been prescribed by the person by whom the substance is being self-administered.
(3)  This clause has effect for the purposes of Division 1 of Part 2 of the Drug Misuse and Trafficking Act 1985 in relation to any prescribed restricted substance that is included in Schedule 1 to that Act.
60   Authority required to administer certain restricted substances
(1)  This clause applies to the following restricted substances:
acitretin
clomiphene
cyclofenil
dinoprost
dinoprostone
etretinate
follitropin beta
isotretinoin for oral use
luteinising hormone
tretinoin for oral use
urofollitropin (human follicle stimulating hormone)
(2)  A person must not administer a restricted substance to which this clause applies unless the person holds an authority under Part 8 to administer the substance.
(3)  This clause does not apply to:
(a)  the administration to a patient of a substance whose administration has been prescribed or directed by a medical practitioner holding an authority under Part 8 to prescribe the substance, or
(b)  the administration of a substance to an animal by a veterinary practitioner or by a person acting under the general supervision of a veterinary practitioner.
Maximum penalty: 15 penalty units.