83Exceptions to section 28—prescriptions generally

#### 83 Exceptions to section 28—prescriptions generally 83 Exceptions to section 28—prescriptions generally > > (1) A medical practitioner or nurse practitioner is authorised to issue a prescription for a drug of addiction, other than an unregistered drug of addiction, for a person without an authority under section 29 of the Act if— > > > > > (a) the medical practitioner or nurse practitioner is of the opinion that the person requires the use of the drug in the course of treatment as an in-patient in a public hospital or private health facility, and > > > > > (b) the prescription is for a course of treatment for a period of not more than 14 days following the person’s admission as an in-patient. > > > (2) A medical practitioner or nurse practitioner is authorised to prescribe methadone or buprenorphine for the treatment of a person without an authority under section 29 of the Act if— > > > > > (a) in the case of a medical practitioner, the medical practitioner is approved as a prescriber of drugs of addiction under section 28A of the Act and, in the case of a nurse practitioner, the nurse practitioner is authorised by the Secretary for the purposes of this clause, and > > > > > (b) at the time the prescription is issued the person is, or at some time during the preceding 21 days was, an inmate in a correctional centre, and > > > > > (c) the prescription is for methadone or buprenorphine for use by the person as a course of treatment— > > > > > > > (i) while an inmate, or > > > > > > > (ii) during a period of not more than 21 days after release, and > > > > > (d) immediately before the person became an inmate, a medical practitioner or nurse practitioner had an authority under section 29 of the Act to prescribe methadone or buprenorphine for the person, or to supply methadone or buprenorphine to the person, and > > > > > (e) the prescription is issued for the purpose of continuing the treatment that the person was receiving or was about to receive immediately before the person became an inmate. > > > (3) A medical practitioner or nurse practitioner is authorised to issue a prescription for a drug of addiction for a person without an authority under section 29 of the Act if— > > > > > (a) the person is the subject of such an authority, and > > > > > (b) the medical practitioner or nurse practitioner is practising at the same premises that the holder of the authority was practising at when the authority was issued, and > > > > > (c) the prescription is issued in accordance with any conditions to which that authority is subject. > > > (4) A medical practitioner is authorised to issue a prescription for a drug of addiction for a person without an authority under section 29 of the Act if— > > > > > (a) the prescription is issued for an in-patient in a public hospital or private health facility who was, immediately before the person’s admission to that hospital or facility, being treated with that drug of addiction, which was prescribed or supplied in accordance with the Act or this Regulation, and > > > > > (b) the prescription is issued for the purpose of continuing the person’s treatment with that drug of addiction following the person’s admission. > > > (5) A medical practitioner is authorised to issue a prescription for a drug of addiction for a person without an authority under section 29 of the Act if— > > > > > (a) the medical practitioner holds an authority under Division 4 of Part 8 of this Regulation that authorises the practitioner to issue a prescription for that drug of addiction for the purposes of a clinical trial, and > > > > > (b) the prescription is issued in accordance with the authority. > > **cl 83:** Am 2018 (655), Sch 1 \[6\] \[7\]; 2020 (111), Sch 1\[1\]; 2021 (386), Sch 1\[9\].