After Division 10 of Part II of the Drugs, Poisons and Controlled Substances Act 1981 insert —
Nothing in this Division affects any other requirement in this Act or the Regulations in respect of the administration of a drug of dependence, a Schedule 9 poison, a Schedule 8 poison or a Schedule 4 poison.
In this Division—
"approved provider" has the same meaning as it has in the Aged Care Act 1997 of the Commonwealth;
"high level residential care" has the same meaning as it has in the Aged Care Act 1997 of the Commonwealth;
"nurse" means a person registered in division 1, division 3 or division 4 of the register of nurses established under the Nurses Act 1993 ;
"Nurses Board of Victoria" means the Board established under Part 6 of the Nurses Act 1993 .
A person who is an approved provider of an aged care service must ensure that a nurse manages the administration of any drug of dependence, Schedule 9 poison, Schedule 8 poison or Schedule 4 poison to a resident in an aged care service—
(a) who is receiving high level residential care; and
(b) for whom that drug or poison has been supplied on prescription.
Penalty: In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.
A nurse who manages the administration of any drug of dependence, Schedule 9 poison, Schedule 8 poison or Schedule 4 poison to a resident in an aged care service in accordance with this Division must do so in accordance with the relevant code for guidance (if any) issued by the Nurses Board of Victoria under the Nurses Act 1993 .'.