39Sale or supply of Schedule 4 or 8 poison—nurse practitioner or authorised registered nurse

39 Sale or supply of Schedule 4 or 8 poison—nurse practitioner or authorised registered nurse

A nurse practitioner or authorised registered nurse must not sell or supply a Schedule 4 poison or Schedule 8 poison unless—

(a) that sale or supply is for treatment that is—

(i) treatment of a person under the practitioner or nurse's care; and

(ii) treatment of the person to whom the poison is sold or supplied; and

(b) the practitioner or nurse 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, the practitioner or nurse 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 nurse practitioner holds a special Schedule 8 permit that authorises the sale or supply.

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

Reg. 39A inserted by S.R. No. 13/2021 reg. 8.