EmailHospital Circular 05/2009
Date Issued: 16 February 2009
Distribution: Public & Private Hospitals
Attention: Medical practitioners and nurse practitioners in all departments, pharmacy department.
Subject: Amended Schedule 8 permit and notification requirements under the Drugs, Poisons and Controlled Substances Act 1981
Contents:
This circular covers amendments to the Drugs, Poisons and Controlled Substances Act 1981 (“the Act”) which relate to:
- the prescribing and/or administration of Schedule 8 poisons, such as morphine, methadone, pethidine, fentanyl and dexamphetamine, for in-patients being treated in a hospital, and
- notification of drug-dependent persons to the Department of Human Services (“DHS”).
Background
Under the Act, medical practitioners and nurse practitioners (“practitioners”), in certain circumstances, are required to hold permits issued by the DHS to treat patients with Schedule 8 poisons. This permit system assists in coordinating treatment of patients with those drugs and in identifying and minimising “doctor shopping” for the drugs.
Currently, the Act makes it an offence for a practitioner:
- who has reason to believe a patient is drug-dependent, to prescribe or administer a Schedule 8 poison to that patient without first obtaining a permit from DHS.
- to treat a person with a Schedule 8 poison who is not drug-dependent for a continuous period greater than eight weeks.
- not to notify DHS when he or she has reason to believe that a patient is drug-dependent.
The provisions apply to practitioners irrespective of where treatment is taking place, ie, it applies in hospitals and the community.
Amendments
Amendments to permit and notification provisions of the Act and the Drugs, Poisons and Controlled Substances Regulations 2006 come into effect on 1 March 2009.
The amended legislation removes the administrative burden in some circumstances considered to be of low risk. One such situation which is considered to be of low risk because of the confinement of the patient is when he/she is an in-patient in a hospital. The legislation now authorises a practitioner to treat an in-patient in a hospital with a Schedule 8 poison without a permit, whether the patient is drug-dependent or not.
The legislation still requires a practitioner to notify DHS when he or she has reason to believe that a patient is a drug-dependent person but only if:
-
the patient requests or seeks prescription of a Schedule 8 poison or a Schedule 4 poison which is also a drug of dependence; or
- the practitioner intends to treat or is treating the patient with a Schedule 8 poison or a Schedule 4 poison which is also a drug of dependence.
Department of Human Services Contacts
Forms for notification of a drug-dependent person and further information on the amended legislation can be found on the Drugs and poisons controls in Victoria website or by telephoning the DHS Drugs and Poisons Regulation Group on telephone 1300 364 545.
Keith Moyle
Manager
Drugs & Poisons Regulation Group
