35 When authorised podiatrist may write chart instruction
An authorised podiatrist must not write a chart instruction for a Schedule 4 poison on a hospital medication chart or residential medication chart unless—
(a) the instruction is for the podiatric treatment of a person other than the podiatrist; and
(e) if the poison is a drug of dependence, the podiatrist has taken all reasonable steps to ascertain the identity of the person for whose treatment the instruction is given.
Ch. 2 Pt 4A Div, 2 (Heading and regs 35AA–35AI) inserted by S.R. No. 124/2025 reg. 10.
Division 2—Aboriginal and Torres Strait Islander health practitioner supply instructions
Reg. 35AA inserted by S.R. No. 124/2025 reg. 10.
35AA Persons authorised to give Aboriginal and Torres Strait Islander health practitioner supply instruction
(1) A person other than a registered medical practitioner, a dentist, a nurse practitioner, an authorised midwife, an authorised optometrist or an authorised podiatrist must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison.
(2) A person other than a registered medical practitioner, a dentist, a nurse practitioner or an authorised midwife must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 8 poison.
Reg. 35AB inserted by S.R. No. 124/2025 reg. 10.
35AB Aboriginal and Torres Strait Islander health practitioner supply instruction for Schedule 4 or 8 poison—registered medical practitioner
A registered medical practitioner must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison unless—
(a) the supply instruction is for the medical treatment of a person other than the practitioner; and
(e) if the poison is a drug of dependence or a Schedule 8 poison, the practitioner has taken all reasonable steps to ascertain the identity of the person for whose treatment the supply instruction is given; 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 giving of the supply instruction; and
Reg. 35AC inserted by S.R. No. 124/2025 reg. 10.
35AC Aboriginal and Torres Strait Islander health practitioner supply instruction for Schedule 4 or 8 poison—dentist
A dentist must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison unless—
(a) the supply instruction is for the dental treatment of a person other than the dentist; and
(e) the supply instruction provides only for a single supply of the poison; and
(f) if the poison is a drug of dependence or a Schedule 8 poison, the dentist has taken all reasonable steps to ascertain the identity of the person for whose treatment the supply instruction is given; and
Reg. 35AD inserted by S.R. No. 124/2025 reg. 10.
35AD Aboriginal and Torres Strait Islander health practitioner supply instruction for Schedule 4 or 8 poison—nurse practitioner
A nurse practitioner must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison unless—
(a) the supply instruction is for the treatment of a person other than the nurse practitioner; and
(e) if the poison is a drug of dependence or a Schedule 8 poison, the nurse practitioner has taken all reasonable steps to ascertain the identity of the person for whose treatment the supply instruction is given; and
(f) in the case of a Schedule 8 poison, if, under regulation 10, a special Schedule 8 permit is required, the nurse practitioner holds a special Schedule 8 permit that authorises the giving of the supply instruction; and
Reg. 35AE inserted by S.R. No. 124/2025 reg. 10.
35AE Aboriginal and Torres Strait Islander health practitioner supply instruction for Schedule 4 or 8 poison—authorised midwife
An authorised midwife must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison unless—
(a) the supply instruction is for the midwifery treatment of a person other than the midwife; and
(e) if the poison is a drug of dependence or a Schedule 8 poison, the midwife has taken all reasonable steps to ascertain the identity of the person for whose treatment the supply instruction is given; and
Reg. 35AF inserted by S.R. No. 124/2025 reg. 10.
35AF Aboriginal and Torres Strait Islander health practitioner supply instruction for Schedule 4 poison—authorised optometrist
An authorised optometrist must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison unless—
(a) the supply instruction is for the ocular treatment of a person other than the optometrist; and
(e) if the poison is a drug of dependence, the optometrist has taken all reasonable steps to ascertain the identity of the person for whose treatment the supply instruction is given; and
Reg. 35AG inserted by S.R. No. 124/2025 reg. 10.
35AG Aboriginal and Torres Strait Islander health practitioner supply instruction for Schedule 4 poison—authorised podiatrist
An authorised podiatrist must not give an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison unless—
(a) the supply instruction is for the podiatric treatment of a person other than the podiatrist; and
(e) if the poison is a drug of dependence, the podiatrist has taken all reasonable steps to ascertain the identity of the person for whose treatment the supply instruction is given; and
Reg. 35AH inserted by S.R. No. 124/2025 reg. 10.
35AH Giving a written Aboriginal and Torres Strait Islander health practitioner supply instruction
(1) An instructing practitioner who gives an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison, other than in the circumstances described in regulation 35AI(1), must give that supply instruction in writing.
(2) An instructing practitioner who gives a written Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison must ensure that the supply instruction is in a legible and durable form.
(3) An instructing practitioner who gives a written Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison must sign the supply instruction.
(4) An instructing practitioner who gives a written Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison must ensure that the supply instruction specifies the following information—
(a) the instructing practitioner's name, address and telephone number;
(b) the name and address of the person to whom the poison is to be supplied;
(c) if the supply instruction is for a Schedule 8 poison, the date of birth of the person to whom the poison is to be supplied;
(d) the date on which the supply instruction is given;
(e) full particulars of the poison to be supplied;
(f) a statement of the quantity to be supplied, which must be written in both words and figures if the supply instruction is for a Schedule 8 poison;
(g) directions for the precise dose or use and frequency of administration except in cases where—
(i) because of the complexity of the dosage regimen or use, it is impracticable to do so and the instructing practitioner has separately supplied the patient with written instruction; or
(ii) a variable dosage regimen is directed and a statement specifying a maximum dose and frequency of administration is included; or
(iii) the administration of the poison is to be carried out by a registered medical practitioner, a pharmacist, a dentist, an authorised optometrist, an authorised podiatrist, a nurse or a registered midwife;
(h) if the supply instruction is for a Schedule 8 poison which may be supplied only once, a statement, using words and not just figures, that there is to be no repeat supply;
(i) if the poison may be supplied more than once, a statement in both words and figures of the maximum number of times the poison may be supplied.
(5) In this regulation—
Reg. 35AI inserted by S.R. No. 124/2025 reg. 10.
35AI Giving a verbal Aboriginal and Torres Strait Islander health practitioner supply instruction in an emergency
(1) An instructing practitioner who gives an Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison may give that supply instruction verbally if, in the opinion of the instructing practitioner, an emergency exists.
(2) Within 72 hours after an instructing practitioner gives a verbal Aboriginal and Torres Strait Islander health practitioner supply instruction for a Schedule 4 poison or Schedule 8 poison, the instructing practitioner must—
(a) give a written Aboriginal and Torres Strait Islander health practitioner supply instruction that confirms the verbal instruction; and
(b) include that written confirmation, or provide it for inclusion, in the treatment records of the person for whose treatment the supply instruction is given.
(3) In this regulation—
Section 35 - Drugs, Poisons and Controlled Substances Regulations 2017 - When authorised podiatrist may write chart instruction | Zoe