Misuse of Drugs Act, 1977

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Prohibition of prescribing etc. in cases of urgency.

9.—(1) If the Minister considers that there are grounds for giving a special direction and that the circumstances of the case require such direction to be given as a matter of urgency, subject to subsections (3) to (7) of this section, he may give the special direction by virtue of this section.

(2) A special direction given by virtue of this section (subsequently in this Act referred to as a temporary direction) may specify such controlled drugs as the Minister thinks fit.

(3) Where the Minister proposes to give a temporary direction the following provisions shall apply:

(a) he shall refer the case to an advisory panel constituted for the purpose in accordance with any regulations made under section 12 of this Act which apply to it,

(b) it shall be the duty of the advisory panel, after affording the respondent an opportunity of appearing before and being heard by the panel, to consider the circumstances of the case, so far as known to it, and inform the Minister whether the information before the panel appears to it to afford reasonable grounds for considering that there has been such conduct by the respondent as is mentioned in section 7 (1) of this Act, and

(c) the Minister shall not give a temporary direction unless the advisory panel reports that the information before it appears to it to afford reasonable grounds for so considering.

(4) Where the Minister gives a temporary direction he shall, if he has not already done so, forthwith refer the matter for investigation to—

(a) in case the practitioner to whom the temporary direction relates is a registered dentist, the Dental Board,

(b) in case such practitioner is a registered medical practitioner, the Medical Registration Council,

(c) in case such practitioner is a registered veterinary surgeon, the Veterinary Council,

and the following provisions of section 8 of this Act, namely, the proviso to subsection (1), and subsections (2) to (11), shall apply in relation to the matter as if the matter were being referred under the said subsection (1).

(5) Subject to subsections (6) and (7) of this section, a temporary direction shall come into force when a copy thereof is given to the practitioner to whom it relates and shall remain in operation until—

(a) in case no notice relating to the direction is served pursuant to subsection (6) of this section, the expiration of the period of six weeks commencing on the day on which the direction is given, and

(b) in case such a notice is served, the expiration of the period of twenty-eight days to which the notice relates.

(6) Where a temporary direction has been given, at any time after the matter has been referred for investigation to a registration authority the Minister may, having consulted the authority, from time to time, by notice in writing served on the practitioner to whom the temporary direction applies and while it is in operation, extend or further extend the period of operation of the temporary direction for a further twenty-eight days from the time at which that period would otherwise have ended.

(7) Without prejudice to subsection (5) of this section, a temporary direction shall (unless previously cancelled under this section) cease to have effect on the occurrence of any one of the following:

(a) the service of a notice required to be served by section 8 (3) of this Act, as applied by subsection (4) of this section, and relating to the case,

(b) the service of a notice required to be served by section 8 (5) of this Act, as so applied, relating to the case and stating that the Minister does not propose to give a special direction,

(c) the service pursuant to section 8 (11) of this Act of a copy of a direction relating to the case,

(d) the making by the Minister of a decision pursuant to section 8 (8) (c) of this Act and relating to the case.

(8) The Minister may, after consultation with the advisory panel concerned, suspend the operation of a temporary direction for such period as he considers appropriate in the particular case.

(9) The Minister may, after consultation with the registration authority concerned, cancel a temporary direction.

(10) Where the Minister suspends the operation of or cancels a temporary direction he shall cause to be served on the practitioner concerned a notice of the suspension or cancellation.

(11) Where—

(a) a temporary direction is given, cancelled, suspended, or ceases to have effect by virtue of subsection (7) of this section, or

(b) a notice is served pursuant to subsection (6) of this section,

the Minister shall, as soon as may be, cause to be published in the Iris Oifigiúil a notice of the temporary direction, cancellation, suspension or cesser, or of the service of the notice pursuant to the said subsection (6), as may be appropriate.