17Issuing prescription for Schedule 4, 8 or 9 poison—registered medical practitioner

17 Issuing prescription for Schedule 4, 8 or 9 poison—registered medical practitioner

A registered medical practitioner must not issue a prescription for a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison unless—

(a) the prescription is for the medical treatment of a person other than the practitioner; and

Reg. 17(da) inserted by S.R. No. 61/2023 reg. 8.

(da) if the poison is Schedule 8 MDMA or Schedule 8 psilocybine, the registered medical practitioner is—

(i) an authorised psychedelic psychiatrist; or

(ii) a registered medical practitioner and the prescription is for another person who is a participant in a clinical trial that is—

(A) approved by or notified to the Commonwealth Secretary under the Therapeutic Goods Act 1989 of the Commonwealth; and

(B) approved by a human research ethics committee; and

(e) if the poison is a drug of dependence, a Schedule 8 poison or a Schedule 9 poison, the practitioner has taken all reasonable steps to ascertain the identity of the person for whose treatment the prescription is issued; and

(f) in the case of a Schedule 8 poison, if, under regulation 10, a special Schedule 8 permit is required, the practitioner holds a special Schedule 8 permit that authorises the issuing of the prescription; and

Reg. 17(g) amended by S.R. No. 96/2022 reg. 11.

(g) in the case of a Schedule 9 poison, the practitioner holds a Schedule 9 permit, that authorises the issuing of the prescription.

1 In certain circumstances, sections 34B and 34C of the Act will also prohibit the registered medical practitioner from prescribing the Schedule 8 poison without a Schedule 8 permit.

2 If a registered medical practitioner holds a Schedule 9 permit, section 33C of the Act will also prohibit the practitioner from prescribing the Schedule 9 poison other than for the period specified in the permit and within the quantity specified in the permit.

Reg. 17A inserted by S.R. No. 61/2023 reg. 9.

17A Notice to Secretary of intention to prescribe, authorise administration, or administer Schedule 8 MDMA or Schedule 8 psilocybine

(1) An authorised psychedelic psychiatrist who intends to prescribe, authorise the administration of, or administer, Schedule 8 MDMA or Schedule 8 psilocybine to another person must notify the Secretary in the prescribed form of the psychiatrist's intention to do so not less than 7 days before prescribing, authorising the administration of, or administering, the Schedule 8 MDMA or Schedule 8 psilocybine.

(2) A registered medical practitioner who intends to prescribe, authorise the administration of, or administer, Schedule 8 MDMA or Schedule 8 psilocybine for or to another person who is a participant in a clinical trial must notify the Secretary in the prescribed form of the medical practitioner's intention to do so not less than 7 days before prescribing, authorising the administration of, or administering the Schedule 8 MDMA or Schedule 8 psilocybine.