Drugs, Poisons and Controlled Substances Regulations 2017
98Administration of Schedule 9 poison—nurse or registered midwife
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98 Administration of Schedule 9 poison—nurse or registered midwife
Reg. 98(1) amended by S.R. Nos 178/2018 reg. 9(1), 13/2021 reg. 20(1).
(1) A nurse (other than a nurse practitioner, authorised registered nurse or approved registered nurse) must not administer a Schedule 9 poison other than in accordance with subregulation (3).
Reg. 98(2) amended by S.R. No. 13/2021 reg. 20(2).
(2) A registered midwife (other than an authorised midwife or approved registered midwife) must not administer a Schedule 9 poison other than in accordance with subregulation (3).
(3) A nurse or registered midwife may administer a Schedule 9 poison—
(a) in accordance with the directions for use on the container of the poison supplied by a registered medical practitioner, dentist or pharmacist; or
Reg. 98(3)(b) amended by S.R. No. 124/2025 reg. 27(1).
(b) on a verbal authorisation under regulation 84A(1); or
Reg. 98(3)(c) amended by S.R. No. 124/2025 reg. 27(2).
(c) on a written authorisation under regulation 84(1) within 6 months of the authorisation being given; or
(d) on a written transcript of a verbal authorisation referred to in paragraph (b) that is given to another nurse or registered midwife; or
Reg. 98(3)(e) substituted by S.R. No. 178/2018 reg. 9(2).
(i) regulation 8(3) authorises the nurse or registered midwife to possess the poison; and
(ii) the administration is for the treatment of a patient under the nurse or registered midwife's care.
Reg. 98A inserted by S.R. No. 61/2023 reg. 13.
98A Administration of Schedule 8 MDMA or Schedule 8 psilocybine—authorised psychedelic psychiatrists and certain registered medical practitioners
(1) An authorised psychedelic psychiatrist must not administer Schedule 8 MDMA or Schedule 8 psilocybine unless—
(a) the administration is for the medical treatment of a person other than the psychiatrist; and
(b) that person is under the psychiatrist's care; and
(c) the psychiatrist has taken all reasonable steps to ensure a therapeutic need exists for the Schedule 8 MDMA or Schedule 8 psilocybine; and
(d) the administration is not merely for the purpose of supporting the drug dependence of a person; and
(e) the psychiatrist has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered; and
(f) the psychiatrist has complied with regulation 17A.
(2) A registered medical practitioner must not administer Schedule 8 MDMA or Schedule 8 psilocybine—