42Restriction on non-wholesale supply of certain Schedule 4 and 8 substances

42 Restriction on non-wholesale supply of certain Schedule 4 and 8 substances

42 Restriction on non-wholesale supply of certain Schedule 4 and 8 substances

(1) An authorised practitioner, other than a veterinary practitioner, must not supply the following—

(a) a nominated Schedule 4 substance,

(b) a Schedule 8 substance to a person with a substance dependence on a prohibited scheduled substance or prohibited drug,

(c) dexamfetamine, lisdexamfetamine or methylphenidate,

(d) N,?-dimethyl-3,4-(methylenedioxy)phenylethylamine (MDMA) or psilocybine,

(e) morphine, oxycodone, fentanyl or hydromorphone in an amount that exceeds the morphine equivalent maximum dose,

(f) a substance (a relevant substance) that is alprazolam, flunitrazepam, methadone or a Schedule 8 substance in an injectable or intranasal preparation, if the administration is for a period that, together with all other periods for which a relevant substance has been administered by the person or has, to the person’s knowledge, been administered by another person, would result in one or more relevant substances being administered for continuous therapeutic use by the patient for more than 3 months.

Maximum penalty—Tier 5 penalty.

Note—

A health practitioner may be subject to other restrictions on the non-wholesale supply of scheduled substances under the Health Practitioner Regulation National Law in relation to appropriate professional conduct and practice.

(2) A veterinary practitioner must not supply the following—

(a) dexamfetamine or lisdexamfetamine,

(b) N,?-dimethyl-3,4-(methylenedioxy)phenylethylamine (MDMA) or psilocybine.

Maximum penalty—Tier 5 penalty.

(3) Subsection (1) does not apply to a person who supplies the substance in accordance with—

(a) an approval or approval exemption, or

(b) an OTP registration.

(4) Subsection (1)(b) does not apply to a dentist.