Controlled Drugs

Question 1

Classification of controlled drugs

Answer 1

Misuse of Drugs Act 1975
3A
The classification of a drug under this Act is based on the risk of harm the drug poses to individuals, or to society, by its misuse; and accordingly—

(a) drugs that pose a very high risk of harm are classified as Class A drugs; and
(b) drugs that pose a high risk of harm are classified as Class B drugs; and
(c) drugs that pose a moderate risk of harm are classified as Class C drugs.

Question 2

What is the Misuse of Drugs Act 6

Answer 2

No person shall

(a) import into or export from New Zealand any controlled drug, other than a controlled drug specified or described in Part 6 of Schedule 3; or
(b) produce or manufacture any controlled drug; or
(c) supply or administer, or offer to supply or administer, any Class A controlled drug or Class B controlled drug to any other person, or otherwise deal in any such controlled drug; or
(d) supply or administer, or offer to supply or administer, any Class C controlled drug to a person under 18 years of age; or
(e) sell, or offer to sell, any Class C controlled drug to a person of or over 18 years of age; or
(f) have any controlled drug in his possession for any of the purposes set out in paragraphs (c), (d), or (e).

Question 3

Which legislation defines the possession and use of controlled drugs?

Answer 3

Misuse of Drugs Act 7

No person shall:

(a) procure or have in his possession, or consume, smoke, or otherwise use, any controlled drug; or
(b) supply or administer, or offer to supply or administer, any Class C controlled drug to any other person, or otherwise deal in any such controlled drug.

Those who do not follow above rules there is an imprisonment term no longer than 6 months and a fine not more than $1000 for Class A

Question 4

Who is exempt from Misuse of Drugs Act 6 and 7?

Answer 4

A medical practitioner, dentist, veterinarian, midwife, nurse practitioner, optometrist, designated prescriber, or pharmacist mean a medical practitioner, dentist, veterinarian, midwife, nurse practitioner, optometrist, 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.

Any pharmacist or any person with the authority and under the immediate supervision of a pharmacist may produce, manufacture, or supply controlled drugs for the purpose of the hospital or under the order or prescription issued by a medical practitioner, dentist, nurse, midwife, designated prescriber or vet.

(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:

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:

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—
(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:

Question 5

Which legislation authorises designated prescriber nurses and pharmacists, midwives, and nurse practitioners to prescribe certain controlled drugs?

Answer 5

Misuse of Drugs Regulation 12A

Designated nurse - specified in schedule 1A
Designated pharmacist - Schedule 1B
Midwife- Schedule 1C
Nurse - any Class A, B or C

Question 6

Permissions relating to prescription controlled drugs authorised under regulation 12A

Answer 6

Misuse of Drugs regulation 12B

Applies to any person for whom a controlled drug is supplied by a prescriber or prescribed by a prescriber and lawfully supplied

2) it may be administered by the patient himself or herself according to advice of prescriber or person who has the care of the patient as instructed by prescriber

Prescriber means = designated nurse or pharmacist prescriber, midwife or nurse.

Question 7

Which legislation allows the staff in the hospital or other institutions to provide a controlled drug?

Answer 7

Misuse of Drugs regulation 15

Without prejudice to any provision of section 8(2) of the Act, every manager of a hospital, and every manager of an institution for the care of the sick or aged that is for the time being approved by the Director-General for the purposes of this regulation, may possess any controlled drug named or described in Part 2 of Schedule 3 of the Act and any partially exempted drug.

Question 8

Special authority for masters of vessels

Answer 8

Misuse of Drugs regulations 17

1) The master of any vessel for the time being within the territorial limits of New Zealand, and any person acting under his or her directions and on his or her behalf, may possess, import, export, and administer any controlled drug authorised or required to be carried on that vessel by any law to which that vessel is subject, and lawfully supplied to him or her.
2) Subclause 1 does not authorise the master of any vessel or any other person
(a) to possess controlled drugs elsewhere than on the vessel of which the first-mentioned person is the master, except while the controlled drugs are being conveyed from the place where they were procured by either of those persons to that vessel; or
(b) to import, export, administer, or otherwise use controlled drugs except for the purpose of treating sick or injured persons on that vessel.

Question 9

Special authority for captains of aircraft

Answer 9

Misuse of Drug Regulation 18

1) The person in charge of any aircraft for the time being within the territorial limits of New Zealand, and any person acting under his or her directions and on his or her behalf, may possess, import, export, and, in any case where the administration of a controlled drug is expedient for the purpose of treating a sick or injured person in an emergency, administer to that person any controlled drug authorised or required to be carried on the aircraft by any law to which that aircraft is subject, and lawfully supplied to him or her.
2) subclause 1 does not authorise the person in charge of aircraft
(a) to possess controlled drugs elsewhere than on the aircraft of which the first-mentioned person is for the time being in charge, except while the controlled drugs are being conveyed from the place where they were procured by either of those persons to that aircraft or while the aircraft is being surveyed, examined, or overhauled; or
(b) to import, export, administer, or otherwise use controlled drugs except for the purpose of treating sick or injured persons in an emergency.

Question 10

First Aid Kit

Answer 10

Misuse of Drug Regulations 19

approved first-aid kit means a first-aid kit that is held for ready use in the event of emergency in a place, locality, vessel, or vehicle approved in writing by the Medical Officer of Health, and that is—

(a) under the control of a person in an isolated locality where workers are employed; or
(b) under the control of a nurse appointed as an occupational health nurse in any place where a first-aid post or similar post is established for the benefit of workers employed there; or
(c) under the control of a person representing an organisation established for search and rescue in mountainous or isolated areas; or
(d) under the control of a person belonging to a class approved by the Director-General or under the control of any person in a place, locality, vessel, or vehicle so approved.

Approval can be revoked by DG

Any person for the time being having control of an approved first-aid kit may possess and administer to any person any controlled drug lawfully contained in that kit.

Only for purpose of treating a sick or injured person in an emergency arising in the locality, vessel, or vehicle for which the controlled drugs were supplied.

The permission conferred by subclause (3) shall extend to any person nominated in writing in that behalf by the person having the approved first-aid kit under his or her control

Any person having control of an approved first-aid kit, and wishing to obtain controlled drugs for the purposes of that kit, shall apply in writing to the Medical Officer of Health in that behalf, specifying—

(a) the name and quantity of the controlled drugs required:
(b) in the case of a first-aid kit in a place where workers are employed, the number of workers to be served:
(c) details of the locality where the work is to be performed, or of the area in which the first-aid kit is likely to be used, and the period for which the supply is required:
(d) such other particulars as the Medical Officer of Health may require.

Question 11

Supply and administration of controlled drugs without presccription

Answer 11

Misuse of Drugs Regulation 20

a controlled drug may be supplied, otherwise than pursuant to a prescription, to or for—

(a) a person licensed or otherwise authorised to export, use in manufacture, or supply that drug:
(b) a person to whom the drug is supplied in an emergency in accordance with regulation 34:
(c) a person authorised to possess that drug by paragraph (g) or paragraph (i) of section 8(2) of the Act:
(d) a person licensed to possess the drug or authorised to possess the drug by any of regulations 15, 17, and 18:
(e) a person authorised to possess the drug by regulation 19 if the person supplying the drug has been authorised in writing by the Medical Officer of Health to supply the drug, on the particular occasion, to the person procuring it.
2) any person may supply or administer any partially exempeted drug without prescription subject to subclause 3 and any person may adminiter a controlled drug to a maternity patient
3) Pseudoephedrine is a partially exempted drug
a) the preparation may be sold by retail, or supplied in circumstances corresponding to retail sale, only in the circumstances set out in paragraphs (a) and (b) of the definition of pharmacy-only medicine in section 3 of the Medicines Act 1981; and
(b) the package in which the preparation is sold or supplied must not contain more than 1.8 g of pseudoephedrine.

Question 12

Restrictions on application of section 8 of Act (exemption form section 6 and 7)

Answer 12

Misuse of Drug Regulations 21

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) in circumstances that are not cases of emergency; and
(c) in any quantity greater than the quantity reasonably required for the treatment of the patient for a period of 3 days.
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) A no midwife may give a prescription for the supply of a controlled drug otherwise than for the treatment of a patient under their care

5B) No Nurse may give prescription for the supply of a controlled drug unless under their car for
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

Question 13

Restriction on supply of certain controlled drugs

Answer 13

Misuse of Drugs regulation 22

Except to the extent and in the circumstances approved by the Minister either generally or in relation to any particular case or class of cases, no person may supply or administer to any other person, or may prescribe, any controlled drug for the time being named or described in—

(a) Schedule 1 of the Act:
(b) Part 1 or Part 2 of Schedule 2 of the Act:
(c) Part 1 of Schedule 3 of the Act.
(2) However, the approval of the Minister under subclause (1) is not required for the supply, administration, or prescribing of—
(a) cocaine, or anything to which any of clauses 2 to 5 of Schedule 1 of the Act for the time being applies in relation to cocaine:
(b) morphine or opium, or anything to which any of clauses 2 to 5 of Part 1 of Schedule 2 of the Act for the time being applies in relation to morphine or opium.

Question 14

Requirements for supply on prescription

Answer 14

Misuse of Drugs regulation 24

No person shall supply a controlled drug pursuant to a prescription (subject to regulation 30) that does not conform in all respects with regulation 29.

No person shall supply a controlled drug pursuant to a prescription otherwise than by delivery, by himself or herself or by a person in his or her employment, to the person for whom the drug is intended or at the premises where that person resides, or by delivery by registered post, or by delivery through a carrier, unless—

(a) the person to whom he or she makes delivery gives to him or her a written authority in the terms that would have been required by regulation 23(1) if the controlled drug had not been dispensed pursuant to a prescription; or
(b) he is otherwise satisfied that the person to whom he or she makes delivery has the care of the person for whom the controlled drug is intended or is authorised by the last-mentioned person to accept delivery of the controlled drug.

Question 15

Labelling of containers

Answer 15

Misuse of Drugs regulation 25

No person shall supply unless the container containing the controlled drug bears a label setting out, in letters of a colour contrasting clearly with the colour of the background, the following:

in the upper part of the principal display panel, printed in conspicuous block capital letters, the words “CONTROLLED DRUG”, followed immediately by the appropriate designation specified in subclause (2); and

(b) the name of the controlled drug supplied; and
(c) directions for use, or, in the case of a drug for internal use, the recommended dose and frequency of the dose; and
(d) where the controlled drug is in the form of a preparation, mixture, or article, the name (if any) of the preparation, mixture, or article, together with a statement of the proportion that the controlled drug bears to the total ingredients of the preparation, mixture, or article, indicating (if the proportion is stated as a percentage) whether the percentage is calculated on the basis of weight in weight, or weight in volume, or volume in volume; and
(e) the name and address of the manufacturer, or the packer, or the seller by wholesale or by retail.

Subclause 1 does not apply in respect of ephedrine or pseudoephedrine if it is enclosed in primary container and the larger container in which the strips of primary containers are contained complies with subclause 1

Subclause (1) does not apply in respect of any controlled drug supplied pursuant to a prescription signed by a controlled drug prescriber

No person shall, in the course of any profession or business, supply any controlled drug (other than an exempted drug) as a medicine for human use, with reference to the needs of a particular patient, unless the container of the controlled drug bears a label setting out the following:

(a) either—
(i) the general nature of the medicine, and a recognised code that indicates the precise nature of the contents or consists of a reference to a prescription book or similar record; or
(ii) the name or a description of the nature of the contents; and
(b) either—
(i) in the case of a medicine for internal use, the dose and frequency of the dose; or
(ii) in the case of a medicine for external use, the directions for use; and
(c) the name of the patient; and
(d) the name and address of the supplier.

For treatment of an animal the container of controlled drug must have:
general nature of the remedy and a recognised code or name or a description of the nature of contents. The directions for use, name of person in charge of animal and NOT FOR HUMAN USE OR FOR VETERINARY USE ONLY.

Question 16

Controlled Drugs used for exempted drugs

Answer 16

Misuse of Drugs Regulation 27

(1) No person who is licensed to deal in any controlled drug for the purpose of manufacturing an exempted drug shall use any such controlled drug in any such manufacture in contravention of a direction given under subclause (2).
(2) The Director-General may, by notice in writing, served either personally or by registered post on a person licensed as aforesaid, direct that person not to use any such controlled drug in the manufacture of an exempted drug unless—
(a) notice has been given to the Medical Officer of Health specified in the direction, at least 7 days before the date on which it is intended to manufacture the exempted drug, of the time and place of the proposed manufacture; and
(b) the use of such controlled drug in the manufacture is supervised by an officer

Question 17

Custody of controlled drugs

Answer 17

Misuse of Drugs Regulation 28

(a) keep it in a locked cupboard, or a locked compartment, that is constructed of metal or concrete or both, and that, in the case of any cupboard or compartment installed in a building after the commencement of these regulations, is of an approved type; and
(b) ensure that the cupboard or compartment is securely fixed to, or is part of, the building, ship, aircraft, or vehicle within which the controlled drug is kept for the time being; and
(c) ensure that the key of the cupboard or compartment is kept in a safe place when not being used. Where the building, ship, aircraft, or vehicle within which the controlled drug is kept for the time being is left unattended, that safe place shall not be within that building, ship, aircraft, or vehicle:

provided that this paragraph shall not apply if the cupboard or compartment is fitted with a combination lock and is of an approved type.

No person in possession, in circumstances to which subclause (1) applies, of a controlled drug that is kept for the time being within any building, ship, aircraft, or vehicle, shall leave that building, ship, aircraft, or vehicle unattended, unless he or she has taken all reasonable steps to secure that building, ship, aircraft, or vehicle, and the part of it in which the controlled drug is kept, against unlawful entry.

Nothing in this regulation shall apply with respect to—

(a) an exempted drug:
(b) any of the following preparations, namely:

•codeine phosphate syrup:
•codeine phosphate linctus:
•pholcodine linctus:
•pholcodine linctus, strong:
any controlled drug for the time being named or described in Part 5 of Schedule 3 of the Act:
(e)a preparation of pseudoephedrine as described in paragraph (b) of the definition of partially exempted drug.

Question 18

Requirements in relation to prescriptions

Answer 18

Misuse of Drugs regulation 29

Controlled drug of Class A, B and C must be in paper form provided by the DG completed in handwritten by prescriber or on paper from that is electronically generated from an approved system

Every prescription for the supply of a Class C controlled drug, not being a specified Class C controlled drug, must be on paper and in handwriting, in print, or both

Every prescription for a controlled drug must—

(a) be signed physically by the controlled drug prescriber in his or her own handwriting; and
(b) be legible and indelible; and
(c) be dated with the date on which it was signed; and
(d) set out, or be stamped with, the address of the controlled drug prescriber; and
(e) set out the surname, initials of the first names, and address of—
(i) the person to whom the controlled drug is intended to be administered; or
(ii) the person who has custody of the animal to which the controlled drug is intended to be administered; and
(f) if it is for a person who is under the age of 12 years, set out in words the age in years and months of that person; and
(g) bear the words “for dental treatment only”, if given by a dentist; and
(h) bear the words “for midwifery use only”, if given by a midwife; and
(i) bear the words “for animal treatment only”, if given by a veterinarian; and
(j) set out the name of the controlled drug to be supplied; and
(k) not be in cipher, or abbreviated, otherwise than by abbreviations recognised in the British Pharmacopoeia,
l) indicate the total amount of the controlled drug that may be sold or dispensed on the 1 occasion, or on each of the several occasions, authorised by that prescription; and
(m) set out the dose and frequency of the dose, or, in the case of a controlled drug for external use, directions for use; and
(n) where it prescribes an unusual dose, or what may be regarded as a dangerous dose, of any controlled drug, have the amount of the dose emphasised by being underlined, with the initials of the controlled drug prescriber set out in the margin opposite.

Question 19

Exemption for certain prescriptions

Answer 19

Misuse of Drugs Regulation 30

This regulation applies if there is imposed on a licence a condition prohibiting the acquisition of controlled drugs otherwise than pursuant to the prescription of—

(a) a controlled drug prescriber; or
(b) a named controlled drug prescriber; or
(c) a controlled drug prescriber belonging to a particular class of controlled drug prescribers.
(2) The following regulations do not apply to the extent that they are inconsistent with the terms of the licence in respect of anything done for the purpose of enabling compliance with the condition imposed on the licence:
(a) regulation 21(2) to (5C):
(b) regulation 29(4)(e), (f), (g), (h), (i), (m), and (n).

Question 20

Restrictions on supply on prescription

Answer 20

Misuse of Drugs 31

1) A person may not supply a controlled drug on a prescription—
(a) more than once on that same prescription; or
(b) more than 7 days after the date of the prescription, in the case of a Class A controlled drug or a Class B controlled drug; or
(c) more than 6 months after the date of the prescription, in the case of a Class C controlled drug; or
(d) in a quantity that, having regard to the dose and frequency of dose or the directions given by the controlled drug prescriber, is greater than a quantity sufficient for use for a period of 1 month.
(3) A person may not supply a controlled drug on an oral prescription more than once before receiving the written confirmation of that prescription under regulation 34(4).
(4) On the first occasion of dispensing a prescription or, in the case of an oral prescription, on receipt of the written confirmation of that prescription, there must be written or stamped on the face of the prescription, above the signature of the controlled drug prescriber, in such manner and place that no part of the prescription is obliterated,— (5) On every subsequent occasion of dispensing a prescription, there must be written or stamped on the face or back of the prescription, in such manner and place that no part of the prescription is obliterated,—
(a) the name of the proprietor of the business at which the prescription is dispensed; and
(b) the address of the premises from which the prescription is dispensed; and
(c) the date on which the prescription is dispensed.

Question 21

Verification of prescriptions

Answer 21

Misuse of Drugs Regulation 32

1) No person may supply a controlled drug pursuant to a prescription purporting to be signed by a controlled drug prescriber, with whose signature the person is not acquainted, until the person has satisfied himself or herself that the signature is genuine.
(2) No person may—
(a) alter any prescription appearing to be signed by a controlled drug prescriber that purports to authorise the supply of any controlled drug; or
(b) alter any prescription in such a manner that it purports to authorise the supply of any controlled drug.

However, subclause (2) does not apply to a controlled drug prescriber who, after signing a prescription, alters that prescription in his or her own handwriting and then signs the prescription again beside the alteration.

A person authorised to deal in controlled drugs must keep a prescription purporting to authorise the supply of a controlled drug and notify immediately the officer in charge of the nearest Police station or the Medical Officer of Health if the person believes on reasonable grounds—

(a) that any signature purporting to be that of a controlled drug prescriber, and appearing on the prescription, is not genuine; or
(b) that the prescription has been altered by an unauthorised person.

Question 22

Retention of prescriptions

Answer 22

Misuse of Drugs Regulation 33

(1) No person shall supply any controlled drug (other than a Class C controlled drug) pursuant to any written prescription except on condition that the prescription is retained by him or her.
(2) Every person so supplying any such controlled drug shall retain the prescription for a period of 4 years from the date on which the controlled drug is supplied, or, if the controlled drug is supplied pursuant to the same prescription on more than 1 occasion, from the last of the dates on which it is so supplied. All such prescriptions shall be retained on the premises in an orderly and consecutive manner, and shall at all times be available to any constable or any officer, who may inspect them and make copies thereof:

provided that, if the proprietor of the business from which the controlled drug was supplied vacates those premises, the prescriptions shall be stored at such place as is approved in writing by the Medical Officer of Health for the purpose.

Question 23

Emergency supply

Answer 23

Misuse of Drugs regulations 34

(1) In the case of an emergency, a prescriber may communicate orally or by telephone a prescription for a controlled drug to a pharmacist who personally knows the prescriber (an oral prescription).
(2) A pharmacist may supply a controlled drug to any person on an oral prescription.
(3) Immediately after communicating an oral prescription, a prescriber must—
(a) prepare a prescription in accordance with the requirements of regulation 29 confirming the oral prescription; and
(b) endorse the prescription with—
(i) a statement to the effect that the prescription is intended only as confirmation of the oral prescription; and
(ii) the date of the oral prescription.
(4) Not later than 2 business days after the date of the oral prescription, the prescriber must deliver the prescription to the pharmacist to whom the oral prescription was communicated.
(5) After delivery of the prescription in accordance with subclause (4), the prescription and the pharmacist are subject to all provisions in these regulations relating to prescriptions for the supply of controlled drugs and to the duties of persons in respect of such prescriptions.
(6) In this regulation, prescriber means any of the following persons:

(a) a medical practitioner:
(b) a nurse practitioner:
(c) a midwife:
(d) a designated prescriber nurse:
(e) a designated prescriber pharmacist.

Question 24

Duty to supply information

Answer 24

Misuse of Drugs Regulation 35

(1)Every controlled drug prescriber must answer in writing, to the best of his or her knowledge and belief, any questions addressed to him or her by the Medical Officer of Health with respect to his or her prescribing, administering, or supplying controlled drugs and in respect of the identification of the person for whom they were prescribed or to whom they were administered or supplied.

Every person who supplies a controlled drug (not being a Class C controlled drug) on the prescription of a controlled drug prescriber must ensure that the Medical Officer of Health is advised, within 1 month after the date of the supply, of—

(a) the name and address of the person for whom the controlled drug is supplied:
(b) the name and address of the controlled drug prescriber:
(c) the date of the prescription:
(d) the name or description of the controlled drug supplied:
(e) the amount of the controlled drug supplied on the occasion or on each of the occasions of supply:
(f) each date on which the controlled drug is supplied.

It shall be sufficient compliance with the requirements of subclause (2) if the person supplying the controlled drug provides the Medical Officer of Health, within 1 month after the date of the supply or, if the prescription authorises the supply of a controlled drug on more occasions than 1, the date of the first supply, with a copy of the prescription to which the supply relates.

In this regulation, prescription includes any written authority, order, or request for the supply of controlled drugs signed by a controlled drug prescriber, not being an authority, order, or request relating to a disposal by wholesale within the meaning of regulation 47; and prescribing has a corresponding meaning:

Question 25

Special provisions for hospitals

Answer 25

Misuse of Drugs Regulation 36

1) Where a controlled drug is required for the treatment of a patient for the time being maintained in a hospital or other institution, the medical practitioner, nurse practitioner, midwife, designated prescriber nurse, or designated prescriber pharmacist attending the patient may, instead of writing a prescription, enter on the patient’s chart, or other clinical record appertaining to the patient, the particulars required by paragraphs (d), (j), and (m) of subclause (1) of regulation 29 in the manner required and subject to the limitations imposed by paragraphs (b), (c), (k), and (n) of that subclause, and such entry shall have the same effect as a prescription.
2) Where a controlled drug is required for the treatment of a patient for the time being maintained in a hospital or other institution, the medical practitioner, nurse practitioner, midwife, designated prescriber nurse, or designated prescriber pharmacist attending the patient may, instead of writing a prescription, enter on the patient’s chart, or other clinical record appertaining to the patient, the particulars required by paragraphs (d), (j), and (m) of subclause (1) of regulation 29 in the manner required and subject to the limitations imposed by paragraphs (b), (c), (k), and (n) of that subclause, and such entry shall have the same effect as a prescription.

Every instruction given under subclause (2) shall cease to have effect on the expiration of 6 months from the date on which it is given or renewed, as the case may require.