Misuse of Drugs Act 1975

24 Treatment of people dependent on controlled drugs

  • (1) Every medical practitioner commits an offence who prescribes, administers, or supplies a controlled drug for or to a person who the practitioner has reason to believe is dependent on that or any other controlled drug,—

    • (a) in the course or for the purpose of the treatment of the person for dependency; and

    • (b) otherwise than in accordance with subsection (2).

    (1A) Every midwife or designated prescriber commits an offence against this Act who prescribes, administers, or supplies a controlled drug for or to a person who the midwife or prescriber has reason to believe is dependent on that or any other controlled drug, in the course of, or for the purpose of, the treatment of the person for dependency.

    (2) In the course or for the purpose of the treatment for dependency of a person who the practitioner has reason to believe is dependent on that or any other controlled drug, a medical practitioner may prescribe, administer, or provide a controlled drug for or to the person if the medical practitioner—

    • (a) is for the time being specified under subsection (7)(a); or

    • (b) is—

      • (i) working in an institution, clinic, or place for the time being specified under subsection (7)(b); and

      • (ii) for the time being authorised in writing to prescribe controlled drugs by a medical practitioner working in that institution, clinic, or place who is for the time being specified under subsection (7)(a); and

    • (c) is—

      • (i) acting in the medical practitioner’s capacity as a medical officer employed by a hospital care operator within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001 for the time being specified under subsection (7)(b); and

      • (ii) for the time being authorised in writing by the person in charge of that institution, acting under the general or specific directions of a Medical Officer of Health, to prescribe controlled drugs; or

    • (d) is acting—

      • (i) with the permission in writing, given in relation to that particular person, of a medical practitioner for the time being authorised by paragraph (a) or paragraph (b) or paragraph (c) to do so; and

      • (ii) during the period, and in accordance with the terms and conditions (if any), specified or imposed in the permission, or in any written modification of the permission, given by that medical practitioner.

    (3) Except with the concurrence of the Medical Officer of Health, no permission under subsection (2)(d) may specify a period longer than 3 months.

    (4) A permission under subsection (2)(d) may from time to time be renewed by the person who gave it, or any other medical practitioner authorised by that paragraph to give such a permission.

    (5) Except with the concurrence of the Medical Officer of Health, no renewal under subsection (4) of a permission under subsection (2)(d) may be for a period longer than 3 months.

    (6) An authority or permission given or renewed under subsection (2) or subsection (4)—

    • (a) may at any time be withdrawn by the person who gave or renewed it, by written notice to the person to whom it was given; and

    • (b) is deemed to have been withdrawn when, as the case may be,—

      • (i) the notice under subsection (7)(a) specifying the medical practitioner by whom the authority or permission was given is revoked; or

      • (ii) the notice under subsection (7)(b) specifying the institution, clinic, or place, in respect of which the authority or permission concerned was given or renewed is revoked; or

      • (iii) the medical practitioner by whom the authority or permission was given dies, or ceases to work in the premises, clinic, or place to which the authority relates.

    (7) The Minister may from time to time, by notice in the Gazette,—

    • (a) specify any medical practitioner (by name) as a medical practitioner who may, subject to any general or specific conditions imposed by the Minister on the recommendation of the Director-General of Health, prescribe, administer, or supply controlled drugs for the purposes of this section:

    • (b) specify (by name or description) as a place at which controlled drugs may be prescribed, administered, or supplied for the purposes of this section—

      • (i) any hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001; or

      • (ii) any clinic, or other place in which a medical practitioner for the time being specified under paragraph (a) works.

    (8) The Minister may from time to time, by notice in the Gazette, revoke or amend a notice under subsection (7).

    (9) This section does not apply to—

    • (b) the emergency treatment of a patient in a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001, for a period not exceeding 3 days:

    • (c) the treatment of any restricted person within the meaning of section 25.

    Section 24: substituted, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

    Section 24(1A): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Section 24(1A): amended, on 22 October 2003, by section 4(1) of the Misuse of Drugs Amendment Act 2003 (2003 No 86).

    Section 24(7)(a): amended, on 22 October 2003, by section 4(2) of the Misuse of Drugs Amendment Act 2003 (2003 No 86).