New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In subsection (2), references to a medical practitioner, dentist, veterinarian, midwife, designated prescriber, or pharmacist mean a medical practitioner, dentist, veterinarian, midwife, designated prescriber, or pharmacist, acting as such in the course of his or her practice or employment, and references to the supply of controlled drugs include an offer to supply controlled drugs.
(2) Notwithstanding anything in section 6 or section 7, but subject to sections 22 to 25 and any prohibitions, limitations, restrictions, or conditions, imposed thereby or thereunder or by or pursuant to any regulations under this Act,—
(a) any medical practitioner, dentist or veterinarian may prescribe, produce, manufacture, supply, or administer controlled drugs:
(aa) any midwife may prescribe, supply, or administer the controlled drug pethidine (as described in Schedule 2):
(b) any pharmacist or any person with the authority and under the immediate supervision of a pharmacist may produce, manufacture, or supply controlled drugs—
(i) listed in the pharmaceutical schedule within the meaning of the New Zealand Public Health and Disability Act 2000 for the purposes of a person eligible for a subsidy for the supply of controlled drugs; or
(ii) for the purposes of the hospital in which he or she is employed; or
(iii) pursuant to a prescription or order issued by a medical practitioner, dentist, designated prescriber, or veterinarian:
(ba) any pharmacist or any person with the authority and under the immediate supervision of a pharmacist may produce, manufacture, or supply pethidine (as so described) pursuant to a prescription or order issued by a midwife:
(c) any person for whom a controlled drug is supplied by a medical practitioner or dentist, or prescribed by a medical practitioner or dentist and lawfully supplied, may administer that drug to himself in accordance with the advice of the medical practitioner or dentist who supplied or prescribed it:
(d) any person having the care of a patient for whom a controlled drug is supplied by a medical practitioner or dentist, or prescribed by a medical practitioner or dentist and lawfully supplied, may administer that drug to that patient in accordance with the advice of the medical practitioner or dentist who supplied or prescribed it:
(da) any person having the care of a patient for whom pethidine (as so described) is supplied by a midwife, or prescribed by a midwife and lawfully supplied, may administer that drug to that patient in accordance with the advice of the midwife who supplied or prescribed it:
(e) any person having the care of an animal for which a controlled drug is supplied by a veterinarian, or prescribed by a veterinarian and lawfully supplied, may administer that drug to that animal in accordance with the advice of the veterinarian who supplied or prescribed it:
(f) any district health board established by or under the New Zealand Public Health and Disability Act 2000 or other corporate body, and any individual person being the manager or person licensed to carry on a hospital or any other institution, having the care of patients for whom controlled drugs are lawfully prescribed or supplied, may possess those drugs for the purposes of the treatment of those patients:
(g) any person in the service of the Crown or any Medical Officer of Health or any pharmacist approved by a Medical Officer of Health may procure and possess a controlled drug for the purposes of and in connection with his official duties:
(h) any carrier may possess a controlled drug in the course of carriage to such extent as is necessary or incidental to his business:
(i) any person who is permitted by or under this Act to import, export, supply, or administer a controlled drug may procure that drug from a person lawfully entitled to supply it and may possess that drug in the manner and for the purposes expressed or implied in that authority:
(j) any person who is licensed or otherwise permitted under this Act to cultivate a prohibited plant may possess any controlled drug derived from that plant in the manner and for the purposes expressed or implied in that authority:
(k) any person who is permitted by or under this Act to possess a controlled drug may procure that drug from a person lawfully entitled to supply it, and may supply or use that drug in the manner and for the purposes expressed or implied in that authority.
(l) a person may, while entering or leaving New Zealand, possess a controlled drug required for treating the medical condition of the person or any other person in his or her care or control, if the quantity of drug is no greater than that required for treating the medical condition for 1 month, and the drug was—
(i) lawfully supplied to the person by a medical practitioner, designated prescriber (as defined in section 2(1) of the Medicines Act 1981), or dentist in New Zealand; or
(ii) prescribed by a medical practitioner, designated prescriber (as defined in section 2(1) of the Medicines Act 1981), or dentist, and lawfully supplied to the person in New Zealand; or
(iii) lawfully supplied to the person overseas and supplied for the purpose of treating a medical condition.
(2A) Despite sections 6 and 7, but subject to sections 22 to 25 and any prohibitions, limitations, restrictions, or conditions imposed under those sections or any regulations made under this Act,—
(a) a designated prescriber or any midwife who is authorised by regulations made under this Act to prescribe controlled drugs of any specified class or description, may prescribe, supply, or administer such drugs:
(b) a person who is authorised to issue a standing order may include in a standing order authority to supply and administer controlled drugs of any specified class or description, and a person who is authorised under a standing order to supply and administer any controlled drugs may supply and administer those drugs in accordance with that standing order.
(2B) In subsection (2A),—
(a) references to a designated prescriber or a person authorised under a standing order to supply and administer any controlled drugs, mean a designated prescriber or person acting in the course of his or her practice or employment; and
(b) references to the supply of controlled drugs include an offer to supply controlled drugs.
(3) Subject to section 22 and to any regulations under this Act and to any other enactment or rule of law prohibiting, restricting, or regulating the import, export, supply, or administration of drugs, any person may—
(a) import or export any controlled drug specified or described in Part 6 of Schedule 3:
(b) supply or administer any controlled drug specified or described in the said Part 6.
Compare: 1965 No 45 s 6(3); SR 1966/82 rr 2(2), 14, 15, 16(1), (a), (b), (e), 17(1), (2)
Section 8(1): amended, on 22 December 2005, by section 105 of the Veterinarians Act 2005 (2005 No 126).
Section 8(1): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 8(1): amended, on 22 October 2003, by section 3(1) of the Misuse of Drugs Amendment Act 2003 (2003 No 86).
Section 8(1): amended, on 28 August 1990, by section 14(1)(a) of the Nurses Amendment Act 1990 (1990 No 107).
Section 8(1): amended, on 28 August 1990, by section 14(1)(b) of the Nurses Amendment Act 1990 (1990 No 107).
Section 8(2)(a): amended, on 22 December 2005, by section 105 of the Veterinarians Act 2005 (2005 No 126).
Section 8(2)(aa): inserted, on 28 August 1990, by section 14(2) of the Nurses Amendment Act 1990 (1990 No 107).
Section 8(2)(aa): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 8(2)(b): substituted, on 22 October 2003, by section 3(2) of the Misuse of Drugs Amendment Act 2003 (2003 No 86).
Section 8(2)(b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 8(2)(ba): inserted, on 28 August 1990, by section 14(3) of the Nurses Amendment Act 1990 (1990 No 107).
Section 8(2)(ba): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 8(2)(da): inserted, on 28 August 1990, by section 14(4) of the Nurses Amendment Act 1990 (1990 No 107).
Section 8(2)(da): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 8(2)(e): amended, on 22 December 2005, by section 105 of the Veterinarians Act 2005 (2005 No 126).
Section 8(2)(f): substituted, on 1 July 1983, by section 32 of the Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Section 8(2)(f): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
Section 8(2)(g): substituted, on 1 July 1993, by section 32 of the Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Section 8(2)(l): added, on 15 November 2000, by section 8 of the Misuse of Drugs Amendment Act 2000 (2000 No 47).
Section 8(2A): inserted, on 15 October 1999, by section 16 of the Medicines Amendment Act 1999 (1999 No 117).
Section 8(2A)(a): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 8(2B): inserted, on 15 October 1999, by section 16 of the Medicines Amendment Act 1999 (1999 No 117).
Section 8(3)(a): amended, on 2 September 1996, by section 4 of the Misuse of Drugs Amendment Act 1996 (1996 No 133).