Controlled Substances (Poisons) (No 2) Variation Regulations 2017 (SA)

South Australia

Controlled Substances (Poisons) (No 2) Variation Regulations 2017

under the Controlled Substances Act 1984

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Controlled Substances (Poisons) Regulations 2011

4            Variation of regulation 3—Interpretation

5            Variation of regulation 18—Regulation of prescription drugs—administration of certain S4 drugs (section 18(1d)(a)(iii) of Act)

6            Variation of regulation 22—Exemptions from section 18A of Act

7           Variation of regulation 25—Possession of poisons (section 22 of Act)

8            Variation of regulation 33—How prescription to be given

9            Variation of regulation 34—Written prescriptions

10          Variation of regulation 35—Dispensing prescriptions

Part 1—Preliminary

1—Short title

These regulations may be cited as the Controlled Substances (Poisons) (No 2) Variation Regulations 2017.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Controlled Substances (Poisons) Regulations 2011

4—Variation of regulation 3—Interpretation

Regulation 3(1), definition of medication chart prescription—delete "National Health (Pharmaceutical Benefits) Regulations 1960" and substitute:

National Health (Pharmaceutical Benefits) Regulations 2017

5—Variation of regulation 18—Regulation of prescription drugs—administration of certain S4 drugs (section 18(1d)(a)(iii) of Act)

Regulation 18(3)(a)—delete ", not more than 3 years before the administration of the drug,"

6—Variation of regulation 22—Exemptions from section 18A of Act

Regulation 22(2)—after paragraph (d) insert:

or

(e)—

(i)the drug is prescribed or supplied by a registered health practitioner solely for the treatment of drug dependence and as part of a drug treatment service program administered by an incorporated hospital; and

(ii)an application for a section 18A authority is made in respect of the person by a registered health practitioner practising at the drug treatment service program within 5 business days of the drug being prescribed or supplied to the person.

7—Variation of regulation 25—Possession of poisons (section 22 of Act)

Regulation 25(6)—delete "Controlled Substances (Pesticides) Regulations 2003" and substitute:

Controlled Substances (Pesticides) Regulations 2017

8—Variation of regulation 33—How prescription to be given

Regulation 33(6)(b)—delete "National Health (Pharmaceutical Benefits) Regulations 1960" and substitute:

National Health (Pharmaceutical Benefits) Regulations 2017

9—Variation of regulation 34—Written prescriptions

Regulation 34(4)(b)—delete "National Health (Pharmaceutical Benefits) Regulations 1960" and substitute:

National Health (Pharmaceutical Benefits) Regulations 2017

10—Variation of regulation 35—Dispensing prescriptions

Regulation 35(12)(b)—delete "National Health (Pharmaceutical Benefits) Regulations 1960" and substitute:

National Health (Pharmaceutical Benefits) Regulations 2017

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

after consultation by the Minister with the Controlled Substances Advisory Council and with the advice and consent of the Executive Council

on 5 December 2017

No 319 of 2017

HEAC-2017-00066