76Storage in pharmacies

#### 76 Storage in pharmacies 76 Storage in pharmacies > > (1) The pharmacist for the time being in charge of a pharmacy must keep any drug of addiction stored apart from other substances or goods (other than cash or documents) in a separate safe. > > > (2) Unless otherwise approved for the time being by the Secretary, such a safe must comply with the following requirements— > > > > > (a) it must be made of black mild steel plate at least 9 millimetres thick with continuous welding along all edges, > > > > > (b) it must be fitted with a door made of mild steel plate at least 9 millimetres thick, the door being flush fitting with a clearance around the door of not more than 1.5 millimetres, > > > > > (c) it must have a fixed locking bar, welded to the inside face of the door near the hinged edge, that engages in a rebate in the safe body when the door is closed, > > > > > (d) it must be fitted with a five lever key lock (or a locking mechanism providing at least equivalent security) securely fixed to the rear face of the door, > > > > > (e) if mounted on a brick or concrete wall or floor, it must be attached to the wall or floor by means of suitably sized expanding bolts through holes 9 millimetres in diameter drilled in the rear or bottom of the safe, > > > > > (f) if mounted on a timber framed wall or floor, it must be attached to the wall or floor frame by means of suitably sized coach screws through holes 9 millimetres in diameter drilled in the rear or bottom of the safe, > > > > > (g) if mounted on any other kind of wall or floor, it must be attached to the wall or floor in a manner approved for the time being by the Secretary. > > > (3) The pharmacist must ensure that— > > > > > (a) the safe is kept securely locked when not in immediate use, and > > > > > (b) any key or other device by means of which the safe may be unlocked— > > > > > > > (i) is kept on the person of a pharmacist whenever it is on the same premises as the safe, and is removed from the premises whenever there is no pharmacist at those premises, or > > > > > > > (ii) is kept in a separately locked safe to which only a pharmacist has access, and > > > > > (c) any code or combination that is required to unlock the safe is not divulged to any unauthorised person. > > > (3A) Despite subclause (1), a drug of addiction that requires refrigeration may be kept in a refrigerator rather than a safe if all of the following requirements are met— > > > > > (a) the refrigerator must be in a room (which includes a part of a room or an enclosure) to which the public does not have access, > > > > > (b) the refrigerator, or any cupboard or receptacle in which the refrigerator is kept, must be securely attached to a part of the premises, > > > > > (c) the refrigerator, or the room, cupboard or receptacle in which the refrigerator is kept, must be kept securely locked when not in immediate use, > > > > > (d) a device (including a key) that is used to securely lock anything under this subclause must— > > > > > > > (i) be kept on the person of a pharmacist who is at the premises, or > > > > > > > (ii) be securely locked in a safe that can be unlocked only by a pharmacist, > > > > > (e) a code or combination that is used to securely lock anything under this subclause must not be disclosed to any person who is not a pharmacist, > > > > > (f) the refrigerator must not be used to store any other item that is not a substance listed in Schedule 2, 3, 4 or 8 of the Poisons List or is not a therapeutic good. > > > (4) This clause applies to a hospital pharmacy as well as to a retail pharmacy. > > Maximum penalty—20 penalty units. > > **cl 76:** Am 2018 (655), Sch 1 \[2\].