30 May 2024
Anthony-John Van Duuren
[FYI request #26655 email]
Tēnā koe Anthony-John
Your request for official information, reference: HNZ00046878
Thank you for your email on 9 May 2024, asking Health New Zealand | Te Whatu Ora for the
following under the Official Information Act 1982 (the Act):
1. Requirement to Administer Medicine Outdoors and Smoke-Free Regulations:
Although I am not a smoker and understand that hospitals adhere to smoke-free
regulations without designated smoking areas, I was required to administer my
prescribed medical cannabis outdoors during my recovery in Wellington. This
requirement, seemingly in contradiction to smoke-free regulations that explicitly exclude
medical cannabis, forced me to leave the hospital premises, exposing me to low
temperatures and nearby security risks during a police incident involving a machete and
firearm
(https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.stuff.co.nz
%2Fnz-news%2F350264395%2Fpolice-looking-those-involved-machete-and-firearm-
altercation-wellington-
hospital&data=05%7C02%7Coiagr%40health.govt.nz%7Cc87d3de42346455bca6b08d
c6e2e0e07%7C23cec7246d204bd19fe9dc4447edd1fa%7C0%7C0%7C638506391295
929107%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiL
CJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=UvPqhWpA1SFzBo
UVsMdujuZVAJ6OXRVODGSh6DXmWVs%3D&reserved=0). I seek clarification on the
legal basis for this policy, which appears to breach patient rights.
2. Confiscation and Differential Treatment of Controlled Drugs:
Upon my arrival at Wellington, my prescribed medical cannabis was confiscated, cited
as standard procedure for controlled substances. Yet, fentanyl, another controlled
substance, was administered to another patient within hospital premises without the
need for them to go outside. This discrepancy raises significant concerns about
potential double standards in the handling of controlled drugs.
I seek clarification on the legality of this confiscation. Please provide a copy of this
policy in full for my review so I can better understand how my medication was handled
when outside of my possession.
3. Fire Safety Claims and Evacuation Policies:
At Hawke's Bay Hospital, the head of security warned that using my medical cannabis
vaporiser inside could trigger smoke alarms and necessitate an evacuation, thus I was
compelled to use it outside of hospital grounds. I request detailed information on the fire
safety regulations and specific evacuation policies that support this claim.
4. Breach of Duty of Care:
As a patient officially admitted to the hospital, it is concerning that the hospital's policies
required me to leave the premises to use my legally prescribed medication, potentially
compromising my safety and recovery. This practice seems to neglect the hospital's
duty of care to its patients, especially those recently out of surgery and in a vulnerable
state. I seek explanations on how these policies align with the hospital's responsibilities
towards patient safety and care.
Given these points, I respectfully request the following information:
The specific Ministry of Health regulations or policies that require patients to administer
certain medications, such as medical cannabis, outside hospital premises, especially
considering the exemptions in smoke-free regulations.
Details on the standard procedures for the confiscation and administration of controlled
drugs, with specific emphasis on the distinctions between medications such as medical
cannabis and fentanyl.
Clarifications regarding fire safety regulations and evacuation policies related to the use
of vaporisers and other similar devices within hospital settings.
Al training material provided to healthcare staff in regards to Medical Cannabis.
Response
For the sake of clarity, I will address each question in turn:
The specific Ministry of Health regulations or policies that require patients to administer
certain medications, such as medical cannabis, outside hospital premises, especially
considering the exemptions in smoke-free regulations.
Medicinal cannabis in the prescribed form such as oral liquids, sublingual solutions and dried
cannabis to be made into tea can be consumed within a hospital setting as a clinical
prescription. Any other cannabis product that is used for vaporising would be required to be
administered offsite due to the risk of the vapour triggering the smoke/fire alarm system. There
is also the risk of the vapour creating il effects to other patients and staff. Assessments on
whether individual patients are well enough to leave the ward are made by clinical staff in line
with appropriate standards of care.
There are no medicinal cannabis products under the medicinal cannabis products minimum
quality standard that can be smoked or vaped. You can read more of this at the link below:
Medicinal cannabis products that meet the minimum quality standard | Ministry of Health NZ
Details on the standard procedures for the confiscation and administration of controlled
drugs, with specific emphasis on the distinctions between medications such as medical
cannabis and fentanyl.
This depends on the type of product that has been prescribed. As some medicinal cannabis
products can range from a Class B to Class C controlled drug. These medications (including
medicinal cannabis) fall under t
he Misuse of Drugs Act 1975 and the
Misuse of Drugs
Regulations 1977. These acts define the legal requirement for management, recording and
storage of control ed drugs. Attached as
Appendix One, for your reference, are the Capital and
Coast Drug Policy and Hutt Valley Medicines Management Policy, which encompasses
Controlled Drugs. Both have sections on patients own supply.
Clarifications regarding fire safety regulations and evacuation policies related to the use
of vaporisers and other similar devices within hospital settings.
There are no specific policies in regards to the use of a vaporiser and similar devices. Any
aerosol creating device such as a vaporiser or nebuliser can trigger the alarms, and no matter
the cause of the trigger, once the alarm (smoke or fire) has been activated all processes must
be followed. There have been learned experience from nebulisers and mild smoke from items
such as burnt toast creating smoke and fire alarm evacuations which can create unnecessary
clinical risk for some patients. We must always act within the law as it is an offence for not
complying with Fire and Emergency New Zealand (FENZ) regulations. Attached as
Appendix
Two is the Fire and Hazardous Materials Procedure, in which you wil find on page 14 the
following statement:
Smoke detectors are fit ed in areas where patients sleep; in areas adjoining fire stop doors; and
in many corridors, toilet areas and utility rooms. These detectors are connected to the fire alarm
system; and wil activate when even very small amounts of smoke are detected.
Al training material provided to healthcare staff in regards to Medical Cannabis.
As mentioned above medicinal cannabis is classed as a controlled drug and is administered
and treated as per the above-mentioned policies which is available to all healthcare staff. There
is also information available to health care providers here:
Medicinal Cannabis Agency -
Information for health professionals | Ministry of Health NZ
How to get in touch
If you have any questions, you can contact us at
[email address].
If you are not happy with this response, you have the right to make a complaint to the
Ombudsman. Information about how to do this is available at
www.ombudsman.parliament.nz
or by phoning 0800 802 602.
As this information may be of interest to other members of the public, Health NZ may
proactively release a copy of this response on our website. Al requester data, including your
name and contact details, wil be removed prior to release.
Nāku iti noa, nā
Jamie Duncan
Group Director Operations
Capital, Coast and Hutt Valley District
TeWhatuOra.govt.nz
Health NZ, PO Box 793,
Wellington 6140, New Zealand
