26Non-wholesale supply under direction

26 Non-wholesale supply under direction

26 Non-wholesale supply under direction

(1) For the Act, section 28(1), supply of a Schedule 2, 3, 4 or 8 substance is authorised if the person supplying is acting under the direction of one of the following—

(a) a medical practitioner acting in the course of practice,

(b) a nurse practitioner acting in the course of practice,

(c) a registered nurse with an endorsement that qualifies the registered nurse to supply the scheduled substance, acting in the course of practice,

(d) a midwife practitioner acting in the course of practice,

(e) a midwife with an endorsement that qualifies the midwife to supply the scheduled substance, acting in the course of practice,

(f) a veterinary practitioner acting in the course of practice,

(g) a dentist acting in the course of practice.

(2) If the supply under subsection (1) is to a patient at a public health entity, private health facility, residential care facility, correctional centre or OTP clinic the direction must be—

(a) written, or

(b) given in an approved way.

(3) Despite subsection (2), the direction may, in an emergency or other urgent circumstances, be given orally in person or by telephone (an emergency oral direction).

(4) As soon as practicable and no later than 24 hours after giving an emergency oral direction, the person must confirm the direction by—

(a) making an entry in the patient’s medical record, or

(b) sending an email or facsimile to the person who supplied the substance.

Maximum penalty—Tier 5 penalty.