South Australian Current Regulations

CONTROLLED SUBSTANCES (POISONS) REGULATIONS 2011 - REG 22

22—Exemptions from section 18A of Act

        (1)         A registered health practitioner authorised to prescribe or supply a drug of dependence is exempt from section 18A(1) of the Act in respect of the prescription or supply of such a drug for use by a person in respect of whom a section 18A authority exists if—

            (a)         in the case of a person who is receiving treatment in a hospital or correctional institution—

                  (i)         the registered health practitioner notifies the holder of the section 18A authority that the practitioner has prescribed or supplied the drug or is intending to prescribe or supply the drug in respect of that person; and

                  (ii)         the drug is only administered to the person while in the hospital or correctional institution; and

                  (iii)         if the drug is solely for the treatment of drug dependence—the dose administered does not exceed the dose authorised; or

            (b)         in the case of a person who is being discharged from a hospital following treatment in the hospital—

                  (i)         the registered health practitioner notifies the holder of the section 18A authority that the practitioner has prescribed or supplied the drug or is intending to prescribe or supply the drug in respect of that person; and

                  (ii)         if the drug is solely for the treatment of drug dependence—the dose prescribed does not exceed the dose authorised; or

            (c)         in the case of a person not referred to in paragraph (a) or (b)—

                  (i)         the registered health practitioner prescribing or supplying the drug—

                        (A)         notifies the holder of the section 18A authority that the practitioner has prescribed or supplied the drug or is intending to prescribe or supply the drug in respect of that person; or

                        (B)         is a medical practitioner (including a locum for the time being substituting for such a practitioner) in the same practice as the holder of the section 18A authority; and

                  (ii)         the registered health practitioner prescribing or supplying the drug does so with the approval of the holder of the section 18A authority; and

                  (iii)         the registered health practitioner prescribing or supplying the drug complies with the section 18A authority relating to the person for whom the drug is prescribed or to whom the drug is supplied.

        (2)         A registered health practitioner authorised to prescribe or supply a drug of dependence is exempt from section 18A(1) of the Act in relation to the prescription or supply of such a drug for a person in respect of whom a section 18A authority does not exist if—

            (a)         the drug (not being dextromoramide or pethidine) is for use by a person aged 70 years or more; or

            (b)         the drug (not being dextromoramide or pethidine) is for use by a person whose life expectancy is reasonably believed by the registered health practitioner principally responsible for treatment of the person, to be less than 12 months and—

                  (i)         the registered health practitioner has informed the Minister of the person's name and address, date of birth and the nature of the condition for which the drug is prescribed; and

                  (ii)         the prescription for the drug is endorsed either "Notified Palliative Care Patient" or " NPCP"; or

            (c)         the drug is for use by a person who is receiving treatment in a hospital or correctional institution and the duration of treatment of the person with the drug while the person is in the hospital or correctional institution does not exceed 14 days; or

            (d)         the drug is for use by a person who is being discharged from a hospital following treatment in the hospital and the duration of treatment of the person with the drug after discharge does not exceed 14 days; or

            (e)         —

                  (i)         the drug is prescribed or supplied by a registered health practitioner solely for the treatment of drug dependence and as part of a drug treatment service program administered by an incorporated hospital; and

                  (ii)         an application for a section 18A authority is made in respect of the person by a registered health practitioner practising at the drug treatment service program within 5 business days of the drug being prescribed or supplied to the person.

        (3)         In this regulation—

"section 18A authority" means an authority granted by the Minister to a registered health practitioner under section 18A of the Act to prescribe or supply a drug of dependence.