36Sale or supply of Schedule 4, 8 or 9 poison—registered medical practitioner

36 Sale or supply of Schedule 4, 8 or 9 poison—registered medical practitioner

Reg. 36 amended by S.R. No. 31/2018 reg. 8.

A registered medical practitioner must not sell or supply a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison unless—

(a) that sale or supply is for medical treatment of a person—

(b) the practitioner has taken all reasonable steps to ensure a therapeutic need exists for that poison; and

(d) if the poison is a drug of dependence or 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 poison is sold or supplied; and

(e) 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 that sale or supply; and

Reg. 36(f) amended by S.R. No. 96/2022 reg. 12.

(f) in the case of a Schedule 9 poison, the practitioner holds a Schedule 9 permit, that authorises that sale or supply.

1 In certain circumstances, sections 34B and 34C of the Act will also prohibit the registered medical practitioner from supplying 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 supplying the Schedule 9 poison other than for the period specified in the permit and within the quantity specified in the permit.

Reg. 36A inserted by S.R. No. 61/2023 reg. 10.

36A Supply of Schedule 8 MDMA or Schedule 8 psilocybine—authorised psychedelic psychiatrist and certain registered medical practitioners

(1) An authorised psychedelic psychiatrist must not supply Schedule 8 MDMA or Schedule 8 psilocybine unless the supply is to—

(a) a nurse or nurse practitioner for the purpose of administering the Schedule 8 MDMA or Schedule 8 psilocybine under regulation 98B; or

(b) another registered medical practitioner for the purpose of administering Schedule 8 MDMA or Schedule 8 psilocybine to a person under regulation 98A.

(2) A registered medical practitioner must not supply Schedule 8 MDMA or Schedule 8 psilocybine for another person who is a participant in a clinical trial that is approved by or notified to the Commonwealth Secretary under the Therapeutic Goods Act 1989 of the Commonwealth and is approved by a human research ethics committee unless the supply is to—

(a) a nurse or nurse practitioner for the purpose of administering the Schedule 8 MDMA or Schedule 8 psilocybine under regulation 98B; or

(b) another registered medical practitioner for the purpose of authorising administration or administering Schedule 8 MDMA or Schedule 8 psilocybine to a person under regulation 78A or 98A.