Misuse of Drugs Regulations 1977

Part 4 Restrictions and conditions

21 Restrictions on application of section 8 of Act, etc

(1)

Nothing in section 8 of the Act or in these regulations, or in any licence granted under these regulations, shall authorise any dealing in a controlled drug contrary to any provision of these regulations or of section 20 or section 24 of the Medicines Act 1981.

(2)

No medical practitioner shall give a prescription for the supply of a controlled drug otherwise than for the medical treatment of a patient under his or her care, unless the medical practitioner is acting in the course of his or her employment in the service of the Crown.

(3)

No dentist may give a prescription for the supply of a controlled drug—

(a)

otherwise than for the treatment of a patient under the dentist’s care; and

(b)

in any quantity greater than the quantity reasonably required for the treatment of the patient for a period of 7 days.

(4)

No designated prescriber nurse may (within the authority given by regulation 12A(1)(a)) give a prescription for the supply of a controlled drug—

(a)

otherwise than for the treatment of a patient under the designated prescriber nurse’s care; and

(b)
[Revoked]

(c)

in any quantity greater than the quantity reasonably required for the treatment of the patient for a period of 7 days.

(4A)

[Revoked]

(4B)

[Revoked]

(4C)

[Revoked]

(5)

No designated prescriber pharmacist may (within the authority given by regulation 12A(1)(b)) give a prescription for the supply of a controlled drug—

(a)

otherwise than for the treatment of a patient under the designated prescriber pharmacist’s care; and

(b)

in any quantity greater than the quantity reasonably required for the treatment of the patient for a period of 3 days.

(5A)

No midwife may (within the authority given by regulation 12A(1)(c)) give a prescription for the supply of a controlled drug otherwise than for the treatment of a patient under the midwife’s care.

(5B)

No nurse practitioner may (within the authority given by regulation 12A(1)(d)) give a prescription for the supply of a controlled drug—

(a)

otherwise than for the treatment of a patient under the nurse practitioner’s care; and

(b)

in any quantity greater than the quantity reasonably required for the treatment of the patient for—

(i)

a period of 1 month, in the case of a Class A controlled drug; or

(ii)

a period of 1 month, in the case of a Class B controlled drug; or

(iii)

a period of 3 months, in the case of a Class C controlled drug.

(5C)

No veterinarian may give a prescription for the supply of a controlled drug otherwise than for administration to an animal under the veterinarian’s care.

(6)

Paragraph (c) of section 8(2) of the Act shall not apply where the person for whose benefit the controlled drug is supplied or prescribed is in the course of being supplied with the same controlled drug for the same purpose by another practitioner, or pursuant to a prescription given by another practitioner, and does not disclose that fact to the practitioner referred to in that paragraph before the supply of the controlled drug, or the giving of the material prescription, by that practitioner.

Regulation 21(1): amended, on 1 July 1993, by regulation 5 of the Misuse of Drugs Regulations 1977, Amendment No 10 (SR 1993/157).

Regulation 21(3): replaced, on 1 July 2014, by regulation 7 of the Misuse of Drugs Amendment Regulations 2014 (LI 2014/199).

Regulation 21(4): replaced, on 1 July 2014, by regulation 7 of the Misuse of Drugs Amendment Regulations 2014 (LI 2014/199).

Regulation 21(4)(b): revoked, on 20 September 2016, by regulation 5(1) of the Misuse of Drugs Amendment Regulations 2016 (LI 2016/139).

Regulation 21(4)(c): amended, on 20 September 2016, by regulation 5(2) of the Misuse of Drugs Amendment Regulations 2016 (LI 2016/139).

Regulation 21(4A): revoked, on 1 July 2014, by regulation 7 of the Misuse of Drugs Amendment Regulations 2014 (LI 2014/199).

Regulation 21(4B): revoked, on 1 July 2014, by regulation 7 of the Misuse of Drugs Amendment Regulations 2014 (LI 2014/199).

Regulation 21(4C): revoked, on 1 July 2014, by regulation 7 of the Misuse of Drugs Amendment Regulations 2014 (LI 2014/199).

Regulation 21(5): replaced, on 1 July 2014, by regulation 7 of the Misuse of Drugs Amendment Regulations 2014 (LI 2014/199).

Regulation 21(5A): inserted, on 1 July 2014, by regulation 7 of the Misuse of Drugs Amendment Regulations 2014 (LI 2014/199).

Regulation 21(5B): inserted, on 1 July 2014, by regulation 7 of the Misuse of Drugs Amendment Regulations 2014 (LI 2014/199).

Regulation 21(5C): inserted, on 1 July 2014, by regulation 7 of the Misuse of Drugs Amendment Regulations 2014 (LI 2014/199).