Drugs, Poisons and Controlled Substances Amendment (Naloxone) Regulations 2022 (Vic)

Drugs, Poisons and Controlled Substances Amendment (Naloxone) Regulations 2022

S.R. No. 113/2022

table of provisions

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

6New regulations 133F, 133G and 133H inserted

7New regulations 161D and 161E inserted

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Endnotes

statutory rules 2022

S.R. No. 113/2022

Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment (Naloxone) Regulations 2022

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 11 October 2022

Responsible Minister:

MARY-ANNE THOMAS
Minister for Health

Alexandra Debeljakovic

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Drugs, Poisons and Controlled Substances Regulations 2017 to provide for the obtaining, possession and supply of naloxone by various persons for the treatment of opioid overdoses.

2Authorising provisions

These Regulations are made under sections 132 and 132B of the Drugs, Poisons and Controlled Substances Act 1981.

3Commencement

These Regulations come into operation on 12 October 2022.

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—

"approved naloxone provider means a person approved, or belonging to a class approved, by the Secretary in accordance with regulation 161D;

approved naloxone worker means a person belonging to a class approved by the Secretary in accordance with regulation 161E;

Schedule 3 naloxone means naloxone when prepared to be used for the treatment of opioid overdoses;".

6New regulations 133F, 133G and 133H inserted

After regulation 133E of the Principal Regulations insert—

"133F   Possession and supply of Schedule 3 naloxone by approved naloxone provider

(1)An approved naloxone provider is authorised to obtain and to possess Schedule 3 naloxone—

(a)for the purpose of facilitating the supply of the naloxone, for the treatment of opioid overdoses, by approved naloxone workers who are engaged by the provider; and

(b)in accordance with the conditions (if any) specified in the provider's approval under regulation 161D.

(2)Subject to subregulations (3) and (4), an approved naloxone provider is authorised to supply Schedule 3 naloxone to an approved naloxone worker who is engaged by the provider if that supply is—

(a)for the purpose of facilitating the supply of the naloxone, for the treatment of opioid overdoses, by the worker; and

(b)in accordance with the conditions (if any) specified in the provider's approval under regulation 161D.

(3)An approved naloxone provider that supplies Schedule 3 naloxone to an approved naloxone worker who is engaged by the provider must place a label on the container which uniquely identifies the provider.

Penalty:50 penalty units.

(4)An agent of an approved naloxone provider is authorised to obtain, possess and supply Schedule 3 naloxone as an agent of that provider and to the extent and for the purpose permitted by this regulation.

133GPossession and supply of Schedule 3 naloxone by approved naloxone worker

(1)An approved naloxone worker is authorised to do the things specified in subregulation (2)—

(a)in the course of the worker's engagement by an approved naloxone provider; and

(b)in accordance with the conditions (if any) specified in the worker's approval under regulation 161E.

(2)The specified things are—

(a)possess Schedule 3 naloxone supplied to the worker by the approved naloxone provider that engages them; and

(b)supply the naloxone to any person for the treatment of opioid overdoses.

133HPossession and supply of Schedule 3 naloxone by person to whom it is supplied by approved naloxone worker

If Schedule 3 naloxone is supplied to any person by an approved naloxone worker, that naloxone may be supplied to any other person for the treatment of opioid overdoses—

(a)by the person to whom the naloxone was supplied by the worker; and

(b)by any other person to whom the naloxone is subsequently supplied.".

7New regulations 161D and 161E inserted

After regulation 161C of the Principal Regulations insert—

"161D   Approved naloxone providers

(1)The Secretary, by notice published in the Government Gazette, may approve a specified person, or a specified class of person, for the purposes of the definition of approved naloxone provider in regulation 5(1).

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

(a)a condition that the approved naloxone provider must not—

(i)supply Schedule 3 naloxone to an approved naloxone worker; or

(ii)permit Schedule 3 naloxone to be supplied to an approved naloxone worker—

if the approved naloxone worker has not completed specified training and been certified by the provider as competent to possess and supply Schedule 3 naloxone; and

(b)any other condition the Secretary considers is necessary for the proper obtaining, possession or supply of naloxone for the treatment of opioid overdoses.

(3)An approval under subregulation (1) takes effect—

(a)on the date of publication in the Government Gazette; or

(b)on a later date specified in the approval.

161EApproved naloxone workers

(1)The Secretary, by notice published in the Government Gazette, may approve a specified class of persons who are engaged by approved naloxone providers (whether under a contract of employment, or as a volunteer or otherwise) for the purposes of the definition of approved naloxone worker in regulation 5(1).

(2)Without limiting subregulation (1), the Secretary may approve a specified class of person by reference to—

(a)a specified approved naloxone provider; or

(b)a specified class of approved naloxone providers.

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

(a)a condition that the approved naloxone worker must not possess or supply Schedule 3 naloxone until the worker has been—

(i)provided with specified training; and

(ii)certified, by the approved naxolone provider that engages the worker, as competent to possess and supply Schedule 3 naloxone; and

(b)any other condition that the Secretary considers is necessary for the proper possession or supply of naloxone for the treatment of opioid overdoses.

(4)An approval under subregulation (1) takes effect—

(a)on the date of publication in the Government Gazette; or

(b)on a later date specified in the approval.".

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Endnotes

[1] Reg. 4: S.R. No. 29/2017 as amended by S.R. Nos 31/2018, 45/2018, 72/2018, 178/2018, 15/2020, 73/2020, 13/2021, 174/2021, 13/2022 and 16/2022.

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Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.