Misuse of Drugs Regulations 1973

PART I
GENERAL

Interpretation

1 In these Regulations, unless the context otherwise requires —

"the Act" means the Misuse of Drugs Act 1972 [title 11 item 4];

"customs officer" has the meaning given in section 2 of the Rev enue Act 1898 [title 14 item 10];

"domiciliary nurse" means a registered nurse for the purposes of the Nurses Act 1969 [title 30 item 12] who is employed to tend patients outside a hospital or nursing home, otherwise than in a physician's office;

"master" has the meaning assigned to it by section 742 of the Merchant Shipping Act 1894 of the United Kingdom;

"matron or acting matron" includes any male nurse occupying a similar position;

"midwife" means a woman duly registered as a midwife under the Midwives Act 1949 [title 30 item 10];

"nursing home" means a nursing home registered under the Public Health Act 1949 [title 11 item 1] or a nursing home administered by the Department of Health;

"prescription" means a prescription issued by a physician for the medical treatment of a single individual, by a dentist for the dental treatment of a single individual or by a veterinary
sur geon or veterinary practitioner for the purposes of animal treatment;

"register" means a bound book and does not include any form of loose leaf register or card index;

"sister or acting sister" includes any male nurse occupying a similar position.

Metric system and imperial system

2 For the purposes of these Regulations—

(a) a controlled drug shall not be regarded as supplied oth erwise than on a prescription or other order by reason only that the prescription or order specifies a quantity of the controlled drug in terms of' the imperial system and the quantity supplied is the equivalent of that amount In the metric system;

(b) where any person may lawfully be in possession of a quantity of a controlled drug determined by or under these Regulations in terms of the imperial system he shall be deemed not to be in possession of a quantity of that controlled drug in excess of the first-mentioned quantity by reason only that he is in possession of a quantity of that drug which is the equivalent of the first-mentioned quantity in the metric system.

PART II
EXEMPTIONS FROM CERTAIN PROVISIONS OF THE MISUSE OF DRUGS ACT 1972

Schedule 1 drugs; sections 4(1) and 6(1) exceptions

3 Sections 4(1) and 6(1) of the Act (which prohibit the importation, exportation and possession of controlled drugs) shall not have effect in relation to the controlled drugs specified in Schedule 1.

Licences to produce controlled drugs

4 (1) Where any person is authorised by a licence of the Minister issued under this regulation and for the time being in force to import, export, produce, supply, offer to supply or have in his possession any controlled drug, it shall not by virtue of section 4(1), 5(1) or 6(1) of the Act be unlawful for that person to import, export, produce, supply, offer to supply or have in his possession that drug in accordance with the terms of the licence and in compliance with any conditions attached to the licence.

(2) Any person entering Bermuda who imports or has in his possession any of the controlled drugs specified in Schedule 2 shall be deemed to be licensed under this regulation if—

(a) he has possession of those drugs upon the authority of a prescription issued by a duly qualified medical practi tioner outside Bermuda and in such quantity as shall be necessary for his own use for a period not exceeding 7 days; and

(b) he has made full declaration of all drugs in his posses sion to a customs officer; and

(c) he has deposited with a customs officer any quantity of those drugs in excess of 7 days supply which shall not be returned to him before his departure from Bermuda except with the written authority of a physician.

General authority to possess

5 Any of the following persons may, notwithstanding section 6(1) of the Act, have a controlled drug in his possession—

(a) a police officer when acting in the course of his duty as such;

(b) a person engaged in the business of a carrier when act ing in the course of that business;

(d) a customs officer when acting in the course of his duty as such;

(e) a person engaged in the work of any laboratory to which the drug has been sent for forensic examination when acting in the course of his duty as a person so engaged;

(f) a person engaged in conveying the drug to a person au thorised by these Regulations to have it in his posses sion.

Schedule 1 and Schedule 2 drugs; who may administer

6 (1) Any person may administer to another any drug specified
in Schedule 1.

(2) A physician or dentist may administer to a patient any drug specified in Schedule 2.

(3) Any person other than a physician or dentist may adminis ter to a patient, in accordance with the directions of a physician or den tist, any drug specified in Schedule 2.

Schedule 1 and Schedule 2 drugs; section 5(1)(a) exception

7 (1) This regulation applies to the controlled drugs specified in Schedules 1 and 2, and in this regulation, unless the context otherwise requires, "drug" means a controlled drug to which this regulation applies.

(2) Notwithstanding section 5(1)(a) of the Act a practitioner or pharmacist, acting in his capacity as such, may manufacture or com pound any drug.

(3) Notwithstanding section 5(1)(b) of the Act any of the follow ing persons—

(a) a practitioner;

(b) a pharmacist;

(d) the sister or acting sister for the time being in charge of a ward, theatre or other department in a hospital or nursing home, who had obtained the drug from a person employed or engaged in dispensing medicines at the hospital or nursing home;

(e) a person who is in charge of a laboratory used for the purposes of research or instruction and attached to any institution approved by the Minister for the purposes of this regulation;

(f) an analyst authorised under section 31 of the Act,

may, when acting in his capacity as such, supply or offer to supply any drug to any person who may lawfully have that drug in his possession:

Provided that nothing in this paragraph authorises—

(i) the matron or acting matron of a hospital or nursing home, having a pharmacist responsible for the dispensing and supply of medicines, to supply or offer to supply any drug;

(ii) a sister or acting sister for the time being in charge of a ward, theatre or other department to supply any drug otherwise than for administra tion to a patient in that ward, theatre or de partment in accordance with the directions of a physician;

(iii) a dentist or veterinary practitioner to supply or offer to supply amphetamine;

(iv) a veterinary practitioner to supply or offer to supply barbituric acid.

(4) Notwithstanding section 5(1)(b) of the Act, the owner of a ship, or the master of a ship which does not carry a doctor on board as part of her complement, may supply or offer to supply any drug—

(a) to any member of the crew;

(b) to any person who may, by virtue of any-provision of these Regulations, lawfully supply that drug; or

(5) Any of the following persons may, notwithstanding section 6(1) of the Act, have any drug in his possession—

(a) a person such as is specified in paragraph (3) in his ca pacity as such and in the circumstances specified in that paragraph;

(b) the owner of a ship, or the master of a ship which does not carry a doctor on board as part of her complement, so far as necessary for the purpose of compliance with the Merchant Shipping (Medical Stores) Regulations 1989 [title 31 item 16(j)];

(c) the owner or master of a foreign ship which is in a port in Bermuda, so far as necessary for the equipping of the ship.

(6) Notwithstanding section 6(1) of the Act a person may have in his possession any drug which has been supplied to him for adminis tration for medical, dental or veterinary purposes in accordance with the directions of a practitioner:

way of administration, to any of the persons specified in paragraph (4), the supplier shall not deliver the drug—

(a) until he has received a requisition in writing which—

(i) is signed by the recipient;

(ii) states the name, address and profession or oc cupation of the recipient;

(iii) specifies the purpose for which the drug sup plied is required and the total quantity to be supplied; and

(iv) where appropriate, satisfies the requirements of paragraph (5);

(b) unless he is reasonably satisfied that the signature is that of the person purporting to have signed the requisi tion and that that person is engaged in the profession or occupation specified in the requisition:

Provided that where the recipient is a practitioner and he represents that he urgently requires a controlled drug for the purpose of his profession, the supplier may, if he is reasonably satisfied that the recipient so requires the drug and is, by reason of some emergency, unable before delivery to furnish to the supplier a requisition in writing duly signed, deliver the drug to the recipient on an un dertaking by the recipient to furnish such a requisition within the-twenty-four hours next following.

(3) A person who has given such an undertaking as shall de liver to the person by whom the controlled drug was supplied a signed requisition in accordance with the undertaking.

(4) The persons referred to in paragraph (2) are—

(a) a practitioner;

(b) the matron or acting matron of a hospital or nursing home;

(c) the sister or acting sister for the time being in charge of a ward, theatre or other department in a hospital or nursing home;

(d) a person who is in charge of a laboratory at an institu tion approved under regulation 7;

(e) the owner of a ship, or the master of a ship which does not carry a doctor on board as part of her complement;

(f) the owner or master of a foreign ship in a port in Bermuda.

(5) A requisition furnished for the purposes of paragraph (2) shall where furnished by the master of a foreign ship, contain a state ment, signed by the Chief Medical Officer, that the quantity of the drug to be supplied is the quantity necessary for the equipment of the ship.

(6) Where the person responsible for the dispensing and supply of medicines at any hospital or nursing home supplies a controlled drug to the sister or acting sister for the time being in charge of any ward, theatre or other department in that hospital or nursing home (in this paragraph referred to as "the recipient") he shall—

(a) obtain a requisition in writing, signed by the recipient, which specifies the total quantity of the drug to be sup plied; and

(b) mark the requisition in such manner as to show that it has been complied with,

and any requisition obtained for the purposes of this paragraph shall be retained in the dispensary at which the drug was supplied and a copy of the requisition or a note of it shall be retained or kept by the recipient.

(7) Nothing in this Regulation shall have effect in relation to the drugs specified in Schedule 1.

Form of prescriptions

10 (1) Subject to this Regulation, a person shall not issue a pre scription containing a controlled drug other than a drug specified in Schedule 1 unless the prescription complies with the following require ments—

(a) be in ink or otherwise so as to be indelible and be signed by the person issuing it with his usual signature and dated by him;

(b) insofar as it specifies the information required by sub paragraphs (e) and (f) to be specified, be written by the person issuing it in his own handwriting;

(d) have written thereon, if issued by a dentist, the words
"for dental treatment only" and, if issued by a veterinary practitioner, the words "for animal treatment only";

(e) specify the name and address of the person for whose treatment it is issued or, if it is issued by a veterinary practitioner, of the person to whom the controlled drug prescribed is to be delivered;

(f) specify the dose to be taken and—

(i) in the case of a prescription containing a con trolled drug which is a preparation, the form and, where appropriate, the strength of the preparation, and either the total quantity (in both words and figures) of the preparation or the number (in both words and figures) of dosage units, as appropriate, to be supplied;

(ii) in any other case, the total quantity (in both words and figures) of the controlled drug to be supplied;

(g) in the case of a prescription for a total quantity intended to be dispensed by instalments, contain a direction specifying the amount of the instalments of the total amount which may be dispensed and the intervals to be observed when dispensing.

(2) In the case of a prescription issued for the treatment of a patient in a hospital or nursing home, it shall be a sufficient compliance with paragraph (1)(e) if the prescription is written on the patient's bed card or case sheet.

Supply on prescription

11 (1) A person shall not supply a controlled drug other than a drug specified in Schedule 1 on a prescription—

(a) unless the prescription complies with regulation 10;

(b) unless he either is acquainted with the signature of the person by whom it purports to be issued and has no reason to suppose that it is not genuine, or has taken reasonably sufficient steps to satisfy himself that it is genuine;

(d) subject to paragraph (3), later than thirteen weeks after the date specified in the prescription.

(2) Subject to paragraph (3), a person dispensing a prescription containing a controlled drug other than a drug specified in Schedule 1 shall, at the time of dispensing it, mark thereon the date on which it is dispensed and shall for a period of two years retain it on the premises on which it was dispensed in such manner as to be at all times available for inspection,

(3) In the case of a prescription containing a controlled drug other than a drug specified in Schedule 1, which contains a direction that specified instalments of the total amount may be dispensed at stated intervals, the person dispensing it shall comply with that direction and—

(a) paragraph (1) shall have effect as if for the requirement contained in sub-paragraph (d) thereof there were sub stituted a requirement that the occasion on which the first instalment is dispensed shall not be later than thirteen weeks after the date specified in the prescrip tion;

(b) paragraph (2) shall have effect as if for the words "at the time of dispensing it" there were substituted the words "on each occasion on which an instalment is dispensed" and as if after the words "two years" there were inserted the words "from the date on which the last instalment was dispensed".

Marking of bottles and other containers

12 (1) Subject to paragraph (2), no person shall supply a con trolled drug otherwise than in a bottle, package or other container which is plainly marked—

(a) in the case of a controlled drug other than a preparation, with the amount of the drug contained therein;

(b) in the case of a controlled drug which is a preparation—

(i) made up into tablets, capsules or other dosage units, with the amount of each component (being a controlled drug) of the preparation in each dosage unit and the number of dosage units in the bottle, package or other container;

(ii) not made up as aforesaid, with the total amount of the preparation in the bottle, package or other con tainer and the percentage of each of its compo nents which is a controlled drug.

(2) Nothing in this regulation shall have effect in relation to the drugs specified in Schedule 1 or in relation to the supply of a controlled drug by or on the prescription of a practitioner.

Keeping of registers

13 (1) This regulation and regulations 14 and 15 apply to the controlled drugs specified in Schedule 2, and this regulation and in regulations 14 and 15 "drug" means a controlled drug to which those regulations apply.

(2) Subject to paragraph (5) and regulation 14, every person who may, by virtue of regulation 4 or 7(3) or (5), lawfully supply any drug shall comply with the following requirements—

(a) he shall, in accordance with this regulation and regula tion 14, keep a register and enter therein in chronologi cal sequence in the form specified in Part I or Part II of Schedule 3, as the case may be, particulars of every quantity of any drug obtained by him and in respect of every quantity of any drug supplied by him;

(b) he shall use a separate register or separate part of the register for entries made in respect of each class of drugs, and each of the drugs specified in paragraphs 1, 3 and 6 of Schedule 2 together with its salts and any preparation or other product containing it or any of its salts shall be treated as a separate class, so however that any stereoisomeric form of drug or its salts shall be classed with that drug.

(3) Nothing in paragraph (2) shall be prevent the use of a sepa rate section within a register or separate part of a register in respect of different drugs or strengths of drugs comprised within the class of drugs to which that register or separate part relates.

(4) Paragraphs 10 to 3 inclusive shall not have effect in relation to—

(a) a person who may, by virtue of regulation 4 (which re lates to licenses), lawfully supply any drug, where the li cence under which that person may so supply any drug contains a provision to that effect; or

(b) the sister or acting sister for the time being in charge of a ward, theatre or other department in a hospital or nursing home.

Requirements as to registers

14 Any person required to keep a register under regulation 13 shall comply with the following requirements—

(a) the class of drugs to which the entries on any page of any such register relate shall be specified at the head of that page;

(b) every entry required to be made under regulation 13 in such a register shall be made on the day on which the drug is received or, as the case may be, on which the transaction in respect of the supply of the drug by the person required to make the entry takes place, or if that is not reasonably practicable, on the day next following that day;

(c) no cancellation, obliteration or alteration of any such entry shall be made, and a correction of such an entry shall be made only by way of marginal note or footnote which shall specify the date on which the correction is made;

(d) every such entry and every correction of such an entry shall be made in ink or otherwise so as to be indelible;

(e) such a register shall not be used for any purpose other than the purposes of these Regulations;

(f) the person so required to keep such a register shall on demand made by the Minister or by any person empow ered in writing by the Minister in that behalf—

(i) furnish such particulars as may be requested in respect of the obtaining or supplying by him of any drug, or in respect of any stock of drugs in his possession;

(ii) for the purpose of confirming any such particu lars, produce for inspection any stock or drugs in his possession;

(iii) produce the said register and such other books or documents in his possession relating to any dealings in drugs as may be requested;

(g) a separate register shall be kept in respect of each set of premises at which the person required to keep the reg ister carries on his business or occupation but save as not more than one register shall be kept at one time in respect of each class of drug in respect of which he is required to keep a separate register, a separate register may, with the approval of the Minister, be kept in re spect of each department of the business carried on by him;

(h) every such register in which entries are currently being made shall be kept at the premises to which it relates in such manner as to be at all times available for inspec tion.

Ship's crew

15 Where a drug specified in Schedule 2 is supplied in accordance with regulation 7(4)(a) to a member of the crew of a ship, an entry in the official log book required to be kept under the Merchant Shipping (Official Log Books) Regulations 1980 [title 31 item 16(i)] or, in the case of a ship which is not required to carry such an official log book, a report signed by the master of the ship, shall, notwithstanding anything in these Regulations, be a sufficient record of the supply if the entry or report specifies the drug supplied and, in the case of a report, it is delivered as soon as may be to the Minister.

Preservation of books and registers

16 (1) All registers and books which are kept in accordance with the requirements of regulation 8 or 13 shall be preserved for a period of two years from the date on which the last entry therein is made.

(2) Every requisition, order or prescription on which a con trolled drug is supplied in accordance with these Regulations shall be preserved for a period of two years from the date on which the last deliv ery under it was made.

Preservation of records; Schedule 1 drugs

17 (1) This regulation applies to the controlled drugs specified in Schedule 1 and in this regulation "drug" means a controlled drug to which this regulation applies.

(2) A manufacturer of any drug and a wholesale dealer in any drug shall keep every invoice or other like record issued in respect of each quantity of any drug obtained by him and in respect of each quan tity of any drug supplied by him.

(3) A retail dealer in any drug shall keep every invoice or other like record issued in respect of each quantity of any drug obtained by him.

(4) Every document kept in accordance with this regulation shall be preserved for a period of two years from the date on which it is issued:

Provided that the keeping of a copy of the document made at any time during the period of two years shall be treated for the purposes of this paragraph as if it were the keeping of the original document.

PART IV
MISCELLANEOUS

Destruction of controlled drugs

18 (1) No person who is required by any provision in these Regu lations to keep records with respect to a drug specified in Schedule 2 shall destroy such a drug, or cause it to be destroyed except—

(a) in the presence of;

(b) by such method as may be determined by; and

a person who is authorised by the Minister for the purposes of this para graph.

(2) A person authorised by the Minister for the purposes of paragraph (1) may, for the purpose of analysis, take a sample of any drug specified in Schedule 2 which is to be destroyed.

(3) Where a drug specified in Schedule 2 is destroyed in accor dance with paragraph (1) by or at the instance of a person who is re quired by any provision of, or by any term of condition of a licence issued under, these Regulations to keep any record in respect of the obtaining or supply of that controlled drug, that person shall record therein partic ulars of the date of destruction and the quantity destroyed.

(4) Where the master or owner of a ship has in his possession a drug specified in Schedule 2 which he no longer requires, he shall not destroy the drug or cause it to be destroyed but shall dispose of it to a
police officer or to a person who may lawfully destroy it.

Revocation

19 [omitted]

Transitional

20 [omitted]

Commencement

21 [omitted]

SCHEDULE 1

CONTROLLED DRUGS WHICH ARE EXCEPTED FROM PROHIBITION ON IMPORTATION, EXPORTATION AND POSSESSION AND FROM CER TAIN REQUIREMENTS OF THESE REGULATIONS

1 (1) Any preparation of one or more of the substances to which this paragraph applies, not being a preparation designed for administra tion by injection, when compounded with one or more other active or in ert ingredients and containing a total of not more than 100 milligrammes of the substance or substances (calculated as base) per dosage unit and with a total concentration of not more than 2.5 per cent (calculated as base) in undivided preparations.

(2) The substances to which this paragraph applies are acetyldihydrocodeine, codeine, dihydrocodeine, ethylmorphine, nicoco dine, nicodicodine (6-nicotinoyldihydrocodeine), norcodeine, pholcodine and their respective salts.

2 Any preparation of cocaine containing not more than 0.1 per cent of cocaine calculated as cocaine base, being a preparation com pounded with one or more other active or inert ingredients in such a way that the cocaine cannot be recovered by readily applicable means or in a yield which would constitute a risk to health.

3 Any preparation of medicinal opium or of morphine containing (in either case) not more than 0.2 per cent of morphine calculated as an hydrous morphine base, being a preparation compounded with one or more other active or inert ingredients in such a way that the opium or, as the case may be, the morphine, cannot be recovered by readily appli cable means or in a yield which would constitute a risk to health.

4 Any preparation of diphenoxylate containing, per dosage unit, not more than 2.5 milligrammes of diphenoxylate calculated as base and not less than 25 microgrammes of atropine sulphate.

5 Any powder of ipecacuanha and opium comprising—

10 per cent opium, in powder;

10 per cent ipecacuanha root, in powder, well mixed with 80 per cent of any other powdered ingredient containing no con trolled drug.

6 Any mixture containing not more than one of the preparations specified in paragraphs 1 to 5, being a mixture of which none of the other ingredients is a controlled drug.

SCHEDULE 2

CONTROLLED DRUGS SUBJECT TO THE REQUIREMENTS OF REGU LATIONS 9, 10, 11, 12, 13, 14, 15 AND 18

1 The following substances and products, namely—

Acetorphine

Allylprodine

Alphacetylmethadol

Alphameprodine

Alphamethadol

Alphaprodine

Anileridine

Benzethidine

Benzylmorphine (3-benzylmorphine)

Betacetylmethadol

Betameprodine

Betamethadol

Betaprodine

Bezitramide

Clonitazene

Cocaine

Desomorphine

Dextromoramide

Diamorphine

Diampromide

Diethylthiambutene

Diethylpropion

Difenoxin

Dihydrocodeinone O-carboxymethyloxime

Dihydromorphine

Dimenoxadole

Dimepheptanol

Dimethylthiambutene

Dioxaphetyl butyrate

Diphenoxylate

Dipipanone

Drotebanol

Ecgonine, and any derivative of ecgonine which is convertible to ec gonine or to cocaine

Ethylmethylthiambutene

Etonitazene

Etorphine

Etoxeridine

Fentanyl

Furethidine

Hydrocodone

Hydromorphinol

Hydromorphone

Hydroxypethidine

Isomethadone

Ketobemidone

Levomethorphan

Levomoramide

Levophenacylmorphan

Levorphanol

Metazocine

Methadone

Methadyl acetate

Methyldesorphine

Methyldihydromorphine (6-methyldihydromorphine)

Metopon

Morpheridine

Morphine

Morphine methobromide, morphine N-oxide and other pentavalent nitrogen morphine derivatives

Myrophine

Nicomorphine

Noracymethadol

Norlevorphanol

Normethadone

Normorphine

Norpipanone

Opium other than raw opium

Oxycodone

Oxymorphone

Pentazocine

Pethidine

Phenadoxone

Phenampromide

Phenazocine

Phenomorphan

Phenoperidine

Piminodine

Piritramide

Proheptazine

Properidine

Racemethorphan

Racemoramide

Racemorphan

Thebacon

Thebaine

Trimeperidine

4-Bromo-2, 5-demethoxy-[blank]-methylphenethylamine

4-Cyano-2-dimethylamino-4, 4-diphenylbutane

4-Cyano-1-methyl-4-phenylpiperidine

1-Methyl-4-phenylpiperidine-4-carboxylic acid

2-Methyl-3-morpolino-1, 1-diphenylpropanecarboxylic acid

4-Phenylpiperidine-4-carboxylic acid ethyl ester

2 Any stereoisomeric form of a substance for the time being speci fied in paragraph 1 not being dextromethorphan or dextrorphan.

3 Any ester or ether or a substance for the time being specified in paragraph 1 or 2, not being a substance for the time being specified in paragraph 6.

4 Any salt of a substance for the time being specified in any of paragraphs 1 to 3.

5 Any preparation or other product containing a substance or product for the time being specified in any of paragraphs 1 to 4, not be ing a preparation for the time being specified in Schedule 1.

6 The following substances and products, namely:

Acetyldihydrocodeine

Amphetamine

Barbituric acid

Barbituric acid derivatives

Benzphetamine

Codeine

Chlorphentermine

Dexamphetamine

Dihydrocodeine

Ethylmorphine (3-ethylmorphine)

Methaqualone

Methylamphetamine

Methylphenidate

Mephentermine

Nicocodine

Norcodeine

Phendimetrazine

Phenmetrazine

Pholcodine

Pipradol

Propiram

7 Any stereoisomeric form of a substance for the time being speci fied in paragraph 6.

8 Any salt of a substance for the time being specified in paragraph 6 or 7.

9 Any preparation or other product containing a substance or product for the time being specified in any of paragraphs 6 to 8, not be ing a preparation for the time being specified in Schedule 1.

SCHEDULE 3

FORM OF REGISTER

Part I

ENTRIES TO BE MADE IN CASE OF OBTAINING

Date on which Supply received

Name and Address of Person or Firm from whom obtained

Amount Obtained

Form in which obtained

Signature of person obtaining

Part II

ENTRIES TO BE MADE IN CASE OF SUPPLY

Date on which the transaction was effected

Name and Address of person or firm supplied

Particulars as to licence or authority of person or firm supplied to be in possession

Amount Supplied

Form in which supplied

Signature of person supplying

[This page intentionally left blank]

[Amended by
BR 31/1978]

Bermuda Consolidated Legislation

Misuse of Drugs Regulations 1973