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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 24 September 2017 at 20:19)
Part 4 Division 7
Division 7 Miscellaneous
122   Prescribed type A drugs of addiction
For the purposes of section 28 of the Act, each of the following is prescribed as a type A drug of addiction:
(a)  amphetamine,
(b)  dexamphetamine,
(b1)  lisdexamfetamine,
(c)  methylamphetamine,
(d)  methylphenidate,
(d1)  nabiximols,
(e)  phendimetrazine,
(f)  phenmetrazine.
123   Prescribed type B drugs of addiction
For the purposes of section 28 of the Act, each of the following is prescribed as a type B drug of addiction:
(a)  a drug of addiction that is packaged and labelled in a manner that is consistent with the drug being intended for administration by injection, inhalation, spray or application to mucous membranes,
(a1)  alprazolam,
(b)  buprenorphine (other than in transdermal patches),
(c)  dextromoramide,
(d)  flunitrazepam,
(e)  hydromorphone,
(f)  methadone.
124   Loss or theft of drugs of addiction
A person who is authorised to be in possession of drugs of addiction must immediately notify the Director-General if the person loses a drug of addiction or if a drug of addiction is stolen from the person.
Maximum penalty: 20 penalty units.
125   Drugs of addiction not to be destroyed
(1)  A person who is authorised to be in possession of a drug of addiction must not wilfully destroy the drug or allow the drug to be destroyed.
(2)  This clause does not apply to the destruction of a drug of addiction carried out:
(a)  by or under the direct personal supervision of a police officer or an inspector or by or under the direct personal supervision of a person authorised, whether generally or in a particular case, by an authority under Part 8 held by the person, or
(b)  by or under the direct personal supervision of a person who is in charge of a laboratory, or who is an analyst, but only if the destruction is carried out in accordance with an authority under Part 8 held by the person, or
(c)  by a person to whom the drug has been supplied by, or in accordance with the prescription of, an authorised practitioner, or
(d)  in accordance with clause 126, 127 or 128.
Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.
126   Destruction of unusable or unwanted drugs of addiction held by practitioners
(1)  A pharmacist who is engaged in the supply of restricted substances or drugs of addiction in a retail pharmacy and who has been notified by a relevant practitioner that a drug of addiction has become unusable or unwanted:
(a)  may (but only in the presence of the relevant practitioner) destroy the drug of addiction, either at the retail pharmacy or at the premises at which the practitioner’s practice is conducted, and
(b)  in that event, must record the fact of the destruction of the drug in the relevant practitioner’s drug register.
(2)  The entry must include the date and the name, professional registration number and signature of the pharmacist and the name and signature of the relevant practitioner.
Maximum penalty: 20 penalty units.
(3)  In this clause:
relevant practitioner means a medical practitioner, a dentist or a veterinary practitioner.
126A   Destruction of unusable or unwanted drugs of addiction in public hospitals
(1)  The authorised director of a public hospital may destroy any unusable or unwanted drug of addiction at the hospital but only in the presence of:
(a)  a pharmacist, or
(b)  a registered medical practitioner, or
(c)  an authorised midwife, or
(d)  an authorised nurse, or
(e)  a registered dentist.
(2)  A person who destroys a drug of addiction in accordance with this clause:
(a)  must record the fact of the destruction of the drug by an entry in the drug register maintained by the hospital, and
(b)  must ensure that the entry includes the relevant date and the name, professional registration number and signature of that person and the person who witnessed the destruction of the drug.
Maximum penalty: 20 penalty units.
(3)  In this clause:
authorised director, in relation to a public hospital, means:
(a)  the director of pharmacy at that hospital, or
(b)  if no such position exists at that hospital, the person responsible for controlling drugs of addiction at that hospital, or
(c)  a pharmacist authorised in writing for the purposes of this clause by the director of pharmacy or the person responsible for controlling drugs of addiction at the hospital.
authorised midwife means a registered midwife who is in charge of a ward at a hospital or who is authorised by the director of nursing of a hospital to oversee the destruction of drugs at the hospital for the purposes of this clause.
authorised nurse means a registered nurse who is in charge of a ward at the hospital or who is authorised by the director of nursing of a hospital to oversee the destruction of drugs at the hospital for the purposes of this clause.
127   Destruction of unusable drugs of addiction in public hospital wards
(1)  The nurse or midwife in charge of a ward in a public hospital having responsibility for a drug of addiction that becomes unusable must immediately notify the chief pharmacist of the hospital of the fact and of the circumstances under which the drug became unusable.
(2)  A pharmacist employed in a public hospital:
(a)  may (but only in the presence of a nurse or midwife) destroy the drug of addiction, and
(b)  in that event, must record the fact of the destruction of the drug in the ward register.
(3)  The entry must include the date and the name, professional registration number and signature of the pharmacist and the name and signature of the nurse or midwife who witnessed the destruction of the drug.
(4)  In the case of a public hospital for which there is no pharmacist, the functions of a chief pharmacist or pharmacist under this clause are instead the functions 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.
Maximum penalty: 20 penalty units.
128   Destruction of unwanted drugs of addiction in a private health facility or nursing home
(1)  A retail pharmacist who is engaged in the supply of restricted substances or drugs of addiction:
(a)  to a private health facility or nursing home, or
(b)  to a patient in a private health facility or nursing home,
is authorised to destroy any unwanted drug of addiction on the premises of that private health facility or nursing home.
(2)  Subclause (1) applies only where the drug is destroyed in the presence of:
(a)  where the private health facility or nursing home is the holder of a licence under Division 2 of Part 8, the person who is named on the licence as being responsible for the storage of drugs of addiction, or
(b)  in any other case, the director of nursing of the private health facility or nursing home.
(3)  A pharmacist who destroys a drug of addiction in accordance with this clause:
(a)  must record the fact of the destruction of the drug by an entry in the drug register maintained by the private health facility or nursing home, and
(b)  must ensure that the entry includes the date and the name, professional registration number and signature of the pharmacist and the name and signature of person who witnessed the destruction of the drug.
Maximum penalty: 20 penalty units.
(4)    (Repealed)
128A   Exclusion of designated non-ARTG product
(1)  Subject to clause 128K, this Part does not apply to a designated non-ARTG product.
(2)  For the purposes of section 28 (5) of the Act, a medical practitioner is authorised to prescribe or supply a designated non-ARTG product that is a drug of addiction for the treatment of a person if the practitioner holds an authority as referred to in clause 128G.
(3)  In this clause:
designated non-ARTG product has the same meaning as in Part 4A.