103Possession of drugs of addiction at private health facilities and residential care facilities

#### 103 Possession of drugs of addiction at private health facilities and residential care facilities 103 Possession of drugs of addiction at private health facilities and residential care facilities > > (1) The following persons are authorised to have possession of ampoules of morphine sulphate in a quantity not exceeding 30 ampoules, each of 1 millilitre or less, at a concentration of 30 milligrams or less of morphine sulfate per millilitre— > > > > > (a) the director of nursing of a private health facility, > > > > > (b) the responsible person for a residential care facility, > > > > > (c) a registered nurse at a residential care facility, but for the purpose only of administering doses of such drugs to individual residents of the residential care facility. > > > (2) The director of nursing of a private health facility is authorised to have possession of no more than 5 ampoules, each of 2 millilitres or less, of pethidine hydrochloride, at a concentration of 50 milligrams or less of pethidine hydrochloride per millilitre. > > > (3) Order of Secretary—specified facilities The Secretary may, by order in writing, authorise the possession of a drug of addiction specified in subclause (1) or (2), in a quantity that exceeds the limit specified in subclause (1) or (2), by the following persons— > > > > > (a) in the case of morphine sulphate— > > > > > > > (i) the director of nursing of a specified private health facility, or > > > > > > > (ii) the responsible person for a specified residential care facility, > > > > > (b) in the case of pethidine hydrochloride—the director of nursing of a specified private health facility. > > > (4) Order of Secretary—specified classes of facilities The Secretary may, by order published in the Gazette, authorise the possession of a drug of addiction specified in subclause (1) or (2), in a quantity that exceeds the limit specified in subclause (1) or (2), by the following persons— > > > > > (a) in the case of morphine sulphate— > > > > > > > (i) the director of nursing of a specified class of private health facilities, or > > > > > > > (ii) the responsible person for a specified class of residential care facilities, > > > > > (b) in the case of pethidine hydrochloride—the director of nursing of a specified class of private health facilities. > > > (5) A retail pharmacist is authorised to supply a drug of addiction to the director of nursing of a private health facility or residential care facility, or the residential care facility manager of a residential care facility, but only if the drug is supplied— > > > > > (a) at the premises of, and in the course of carrying on the business of, the pharmacy, and > > > > > (b) in accordance with a written order signed by the director of nursing or the residential care facility manager. > > > (6) The director of nursing or the residential care facility manager must not sign an order for any quantity of a drug of addiction if the quantity of that drug that will be in the possession of the director of nursing or the residential care facility manager as a result of the order being filled will be in excess of the maximum quantity allowed by this clause. > > > > Maximum penalty—20 penalty units. > > > (7) The director of nursing of a private health facility must not allow any drug of addiction in his or her possession under subclause (1) or (2) to be used otherwise than for administration to a patient in accordance with the directions of an authorised practitioner (other than a veterinary practitioner) or by an authorised practitioner (other than a veterinary practitioner). > > > > Maximum penalty—20 penalty units. > > > (8) The responsible person for a residential care facility must not allow any drug of addiction in his or her possession under subclause (1) to be used otherwise than for administration to a resident of the facility by a registered nurse in accordance with the directions of an authorised practitioner (other than a veterinary practitioner) or by an authorised practitioner (other than a veterinary practitioner). > > > > Maximum penalty—20 penalty units. > > > (9) This clause does not limit the power of a director of nursing or a residential care facility manager to have possession of drugs of addiction, or to supply drugs of addiction to patients or residents, in accordance with the Act or this Regulation. > > > (10) A person does not commit an offence under this clause in relation to any pethidine hydrochloride that was lawfully in the person’s possession before the commencement of this clause. > > **cl 103:** Am 2011 (480), Sch 1 \[14\] \[15\]. Subst 2018 (703), Sch 1 \[5\].