Drugs, Poisons and Controlled Substances Amendment (Dental Assistants) Regulations 2018 (Vic)

Drugs, Poisons and Controlled Substances Amendment (Dental Assistants) Regulations 2018

S.R. No. 31/2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

6Persons authorised to possess Schedule 4, 8 and 9 poisons

7Required form for issuing prescriptions

8Sale or supply of Schedule 4, 8 or 9 poison—registered medical practitioner

9Restrictions on pharmacist selling or supplying Schedule 4 poison on prescription

10Restrictions on pharmacist selling or supplying Schedule 8 poison on prescription

11Restrictions on pharmacist selling or supplying Schedule 9 poison on prescription

12Sale or supply of Schedule 4 poison by pharmacist in emergency

13Administration of Schedule 4, 8 or 9 poison—authorised registered nurse

14Details to be contained in records

15Secretary may approve matters for the purposes of the definition of dental assistant

16Secretary may approve Schedule 4 poisons for possession by certain persons

17Secretary may approve an entity to be a public dental service

18Secretary may approve Schedule 4, 8 or 9 poisons for possession by nurses or registered midwives

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Endnotes

STATUTORY RULES 2018

S.R. No. 31/2018

Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment (Dental Assistants) Regulations 2018

The Governor in Council makes the following Regulations:

Dated: 20 March 2018

Responsible Minister:

JILL HENNESSY
Minister for Health

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Drugs, Poisons and Controlled Substances Regulations 2017—

(a)to enable dental assistants to lawfully possess and administer certain Schedule 4 poisons; and

(b)to provide that prescriptions must be in a legible and durable form; and

(c)to make a number of minor technical amendments.

2Authorising provisions

These Regulations are made under sections 129(1) and 132 of the Drugs, Poisons and Controlled Substances Act 1981.

3Commencement

These Regulations come into operation on 26 March 2018.

4Principal Regulations

In these Regulations, the Drugs, Poisons and Controlled Substances Regulations 2017[1] are called the Principal Regulations.

5Definitions

In regulation 5(1) of the Principal Regulations, insert the following definitions—

"dental assistant means a person who—

(a)holds a qualification approved by the Secretary under regulation 159A; and

(b)has completed a course approved by the Secretary under regulation 159A;

registered dental practitioner means—

(a)a dentist; or

(b)a registered dental hygienist; or

(c)a registered dental therapist; or

(d)a registered oral health therapist;".

6Persons authorised to possess Schedule 4, 8 and 9 poisons

In the Table in regulation 7(1) of the Principal Regulations, after item 21 insert—

"21A. A dental assistant employed or engaged by an entity declared to be a public dental service by the Secretary under regulation 160A. Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required for the treatment of a person whose name is specified in an instruction written by a registered dental practitioner and given to the dental assistant.".

7Required form for issuing prescriptions

After regulation 24(1) of the Principal Regulations insert—

"(1A)A person who writes a prescription for a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison must ensure that the prescription is written in a legible and durable form.

Penalty:50 penalty units.".

8Sale or supply of Schedule 4, 8 or 9 poison—registered medical practitioner

In regulation 36 of the Principal Regulations, after "Schedule 4 poison" insert ", Schedule 8 poison or Schedule 9 poison".

9Restrictions on pharmacist selling or supplying Schedule 4 poison on prescription

After regulation 50(3)(b) of the Principal Regulations insert—

"(ba)the prescription is not written in a durable form; or".

10Restrictions on pharmacist selling or supplying Schedule 8 poison on prescription

After regulation 51(4)(b) of the Principal Regulations insert—

"(ba)the prescription is not written in a durable form; or".

11Restrictions on pharmacist selling or supplying Schedule 9 poison on prescription

After regulation 52(4)(b) of the Principal Regulations insert—

"(ba)the prescription is not written in a durable form; or".

12Sale or supply of Schedule 4 poison by pharmacist in emergency

In regulation 56(b)(ii) of the Principal Regulations, for "has previously been prescribed" substitute "has previously been provided for by a prescription issued, or a chart instruction written".

13Administration of Schedule 4, 8 or 9 poison—authorised registered nurse

In regulation 92(3) of the Principal Regulations, after "Schedule 4 poison" insert "or Schedule 8 poison".

14Details to be contained in records

After regulation 108(1)(e) of the Principal Regulations insert—

"(ea)in the case of a transaction involving administration of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison to an animal—

(i)the name and address of the person who owns or has custody or care of the animal; and

(ii)the name or other unique identifier of the animal; and".

15Secretary may approve matters for the purposes of the definition of dental assistant

After the heading to Division 2 of Part 3 of Chapter 4 of the Principal Regulations insert—

"159A   Secretary may approve dental assisting qualifications and courses in the administration of Schedule 4 poisons

For the purposes of the definition of dental assistant in regulation 5(1), the Secretary, by notice published in the Government Gazette, may approve—

(a)a qualification in providing assistance to registered dental practitioners; and

(b)a course in the administration of Schedule 4 poisons for dental treatment.".

16Secretary may approve Schedule 4 poisons for possession by certain persons

(1)After regulation 160(1)(f) of the Principal Regulations insert—

"(fa)a dental assistant;".

(2)After regulation 160(1) of the Principal Regulations insert—

"(1A)The Secretary may specify in an approval under subregulation (1) that the approval is subject to a condition the Secretary considers necessary for the proper possession of a Schedule 4 poison.".

17Secretary may approve an entity to be a public dental service

After regulation 160 of the Principal Regulations insert—

"160A   Secretary may approve an entity to be a public dental service

For the purposes of item 21A in the Table in regulation 7, the Secretary, by notice published in the Government Gazette, may declare an entity to be a public dental service if the entity is wholly or partly funded by the State (whether directly or indirectly) to provide dental services.".

18Secretary may approve Schedule 4, 8 or 9 poisons for possession by nurses or registered midwives

After 161(2) of the Principal Regulations insert—

"(2A)The Secretary may specify in an approval under subregulation (1) that the approval is subject to—

(a)a condition that the nurse or registered midwife may possess a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison specified in the approval only if the nurse or registered midwife—

(i)has completed training specified in the approval; or

(ii)holds qualifications specified in the approval; or

(b)any other condition the Secretary considers is necessary for the proper possession of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison.".

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Endnotes

[1] Reg. 4: S.R. No. 29/2017.