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Contents (2008 - 392)
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Poisons and Therapeutic Goods Regulation 2008
Current version for 1 July 2017 to date (accessed 22 September 2017 at 18:01)
Part 4 Division 2
Division 2 Storage
73   Storage generally
(1)  A person who is in possession of any drug of addiction must keep the drug:
(a)  in his or her possession stored apart from all other goods (other than cash or documents) in a separate room, safe, cupboard or other receptacle securely attached to a part of the premises and kept securely locked when not in immediate use, or
(b)  stored in any other manner approved by the Director-General for the particular person or class of persons to which the person belongs.
(2)  A person who is an authorised practitioner or a person referred to in clause 101 (1) (g) is taken to comply with subclause (1) (a) if he or she keeps any drug of addiction (for use in an emergency only) in a bag that is in a room, or in a vehicle, kept locked when not occupied by the person.
Maximum penalty: 20 penalty units.
74   Responsibility for storage in hospitals
(1)  The chief pharmacist of a hospital is responsible for the storage of all drugs of addiction at a hospital other than those that have been supplied to a ward.
(2)  In the case of a hospital for which there is no pharmacist, the responsibilities of a chief pharmacist under this clause are instead the responsibilities of:
(a)  the director of nursing of the hospital, or
(b)  the medical superintendent of the hospital,
as the chief executive officer of the hospital may determine.
(3)  The nurse or midwife in charge of a hospital ward is responsible for the storage of all drugs of addiction in the ward.
75   Storage in hospital wards
(1)  Drugs of addiction that are kept in a hospital ward must be stored apart from all other goods (other than prescribed restricted substances) in a separate room, safe, cupboard or other receptacle securely attached to a part of the ward and kept securely locked when not in immediate use.
(2)  The nurse or midwife in charge of a hospital ward must ensure that:
(a)  the room, safe, cupboard or receptacle is kept securely locked when not in immediate use, and
(b)  any key or other device by means of which the room, safe, cupboard or receptacle may be unlocked:
(i)  is kept on the person of a nurse or midwife whenever it is in the ward, and is removed from the ward whenever there is no nurse or midwife in the ward, or
(ii)  is kept in a separately locked safe to which only a nurse or midwife has access, and
(c)  any code or combination that is required to unlock the room, safe, cupboard or receptacle is not divulged to any unauthorised person.
Maximum penalty: 20 penalty units.
76   Storage in pharmacies
(1)  The pharmacist for the time being in charge of a pharmacy must keep any drug of addiction stored apart from other substances or goods (other than cash or documents) in a separate safe.
(2)  Unless otherwise approved for the time being by the Director-General, such a safe must comply with the following requirements:
(a)  it must be made of black mild steel plate at least 9 millimetres thick with continuous welding along all edges,
(b)  it must be fitted with a door made of mild steel plate at least 9 millimetres thick, the door being flush fitting with a clearance around the door of not more than 1.5 millimetres,
(c)  it must have a fixed locking bar, welded to the inside face of the door near the hinged edge, that engages in a rebate in the safe body when the door is closed,
(d)  it must be fitted with a five lever key lock (or a locking mechanism providing at least equivalent security) securely fixed to the rear face of the door,
(e)  if mounted on a brick or concrete wall or floor, it must be attached to the wall or floor by means of suitably sized expanding bolts through holes 9 millimetres in diameter drilled in the rear or bottom of the safe,
(f)  if mounted on a timber framed wall or floor, it must be attached to the wall or floor frame by means of suitably sized coach screws through holes 9 millimetres in diameter drilled in the rear or bottom of the safe,
(g)  if mounted on any other kind of wall or floor, it must be attached to the wall or floor in a manner approved for the time being by the Director-General.
(3)  The pharmacist must ensure that:
(a)  the safe is kept securely locked when not in immediate use, and
(b)  any key or other device by means of which the safe may be unlocked:
(i)  is kept on the person of a pharmacist whenever it is on the same premises as the safe, and is removed from the premises whenever there is no pharmacist at those premises, or
(ii)  is kept in a separately locked safe to which only a pharmacist has access, and
(c)  any code or combination that is required to unlock the safe is not divulged to any unauthorised person.
(4)  This clause applies to a hospital pharmacy as well as to a retail pharmacy.
Maximum penalty: 20 penalty units.