Drugs, Poisons and Controlled Substances Amendment (Non-Emergency Patient Transport and First Aid Services) Regulations 2021 (Vic)

Drugs, Poisons and Controlled Substances Amendment (Non-Emergency Patient Transport and First Aid Services) Regulations 2021

S.R. No. 174/2021

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

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

7Administration of Schedule 4 poison—nurse or registered midwife

8New regulation 133AA inserted

9New regulation 133E inserted

10Restrictions on dealing with Schedule 3 poison—pharmacist

11Secretary may approve Schedule 4 poisons for possession by certain persons

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Endnotes

STATUTORY RULES 2021

S.R. No. 174/2021

Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment (Non-Emergency Patient Transport and First Aid Services) Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 21 December 2021

Responsible Minister:

MARTIN FOLEY
Minister for Health

ALEXANDRA DEBELJAKOVIC

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Drugs, Poisons and Controlled Substances Regulations 2017—

(a)to authorise the holders of non-emergency patient transport service licences to obtain and possess certain Schedule 2, 3 and 4 poisons; and

(b)to authorise the holders of certain first aid service licences to obtain and possess certain Schedule 2, 3 and 4 poisons; and

(c)to authorise persons employed or engaged by non-emergency patient transport service licence holders to possess certain Schedule 4 poisons; and

(d)to authorise persons employed or engaged by certain first aid service licence holders to possess certain Schedule 4 poisons; and

(e)to permit pharmacists to sell or supply certain Schedule 3 poisons for the purposes of first aid treatment of any person in a life‑threatening emergency; and

(f)to enable the Secretary to approve Schedule 4 poisons for possession by persons employed or engaged by non‑emergency patient transport service licence holders or certain first aid service licence holders.

2Authorising provisions

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

3Commencement

These Regulations come into operation on 21 December 2021.

4Principal Regulations

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

5Definitions

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

"advanced first aid service has the same meaning as in the Non-Emergency Patient Transport and First Aid Services (First Aid Services) Regulations 2021;

first aidhas the same meaning as in the Non‑Emergency Patient Transport and First Aid Services Act 2003;

first aid service has the same meaning as in the Non-Emergency Patient Transport and First Aid Services Act 2003;

first aid service licence has the same meaning as in the Non-Emergency Patient Transport and First Aid Services Act 2003;

intermediate first aid service has the same meaning as in the Non-Emergency Patient Transport and First Aid Services (First Aid Services) Regulations 2021;".

(2)In regulation 5(1) of the Principal Regulations, in the definition of non-emergency patient transport service, after "Transport" insert "and First Aid Services".

(3)In regulation 5(1) of the Principal Regulations, in the definition of non-emergency patient transport service licence, after "Transport" insert "and First Aid Services".

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

In the Table in regulation 7(1) of the Principal Regulations—

(a)item 12 is revoked;

(b)for item 24 substitute—

"24.	A person who holds a non-emergency patient transport service licence.	Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of the person's duties for the purpose of providing medical care to patients of the non-emergency patient transport service operated by the licence holder.
24A.	A person (including a nurse) employed or engaged by the holder of a non-emergency patient transport service licence to provide medical care to patients of the non-emergency patient transport service operated by the licence holder.	Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of the person's duties for the purpose of providing medical care to patients of the non-emergency patient transport service operated by the licence holder.
24B.	A person who holds a first aid service licence to operate an intermediate first aid service or an advanced first aid service.	Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of the person's duties for the purpose of providing first aid to patients of the intermediate first aid service or advanced first aid service operated by the licence holder.
24C.	A person (including a nurse) employed or engaged by a licence holder referred to in item 24B to provide first aid to patients of the intermediate first aid service or advanced first aid service operated by the licence holder.	Those Schedule 4 poisons approved by the Secretary under regulation 160(1) that are required in the performance of the person's duties for the purpose of providing first aid to patients of the intermediate first aid service or advanced first aid service operated by the licence holder.".

7Administration of Schedule 4 poison—nurse or registered midwife

(1)In regulation 96(3)(f) of the Principal Regulations, for "item 24" substitute "item 24A or 24C".

(2)For the note at the foot of regulation 96(3)(f) of the Principal Regulations substitute—

"Note

Item 24A refers to persons employed or engaged by the holder of a non-emergency patient transport service licence to provide medical care to patients of that service. Item 24C refers to persons employed or engaged by the holder of certain first aid service licences to provide first aid to patients of that service.".

8New regulation 133AA inserted

After regulation 133 of the Principal Regulations insert—

133AAHolder of non-emergency patient transport service licence or first aid service licence authorised to obtain and possess Schedule 2 poison"

(1)A person who holds a non-emergency patient transport service licence is authorised to obtain through wholesale supply, and to possess, a Schedule 2 poison for the purpose of providing non-emergency patient transport services under the licence.

(2)A person who holds a first aid service licence is authorised to obtain through wholesale supply, and to possess, a Schedule 2 poison for the purpose of providing first aid services under the licence.".

9New regulation 133E inserted

After regulation 133D of the Principal Regulations insert—

133EHolder of non-emergency patient transport service licence or first aid service licence authorised to obtain and possess Schedule 3 poison"

(1)A person who holds a non-emergency patient transport service licence is authorised to obtain through wholesale supply, and to possess, a Schedule 3 poison for the purpose of providing non-emergency patient transport services under the licence.

(2)A person who holds a first aid service licence is authorised to obtain through wholesale supply, and to possess, a Schedule 3 poison for the purpose of providing first aid services under the licence.".

10Restrictions on dealing with Schedule 3 poison—pharmacist

For regulation 141(1) of the Principal Regulations substitute—

"(1)A pharmacist must not sell, supply or administer a Schedule 3 poison—

(a)unless—

(i)that poison is for the treatment of a person under the pharmacist's care; and

(ii)if the poison is a drug of dependence, the pharmacist has taken all reasonable steps to ascertain the identity of the person who is to be treated; or

(b)unless that poison is not a drug of dependence and it is sold or supplied (other than by wholesale) for the purposes of first aid treatment of any person in a life-threatening emergency.

Example

Sale or supply for inclusion in a first aid kit.

Penalty:100 penalty units.".

11Secretary may approve Schedule 4 poisons for possession by certain persons

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

"(ha)  a person who holds a non-emergency patient transport service licence;

(hb)a person (including a nurse) employed or engaged by the holder of a non-emergency patient transport service licence;

(hc)a person who holds a first aid service licence to operate an intermediate first aid service or an advanced first aid service;

(hd)a person (including a nurse) employed or engaged by a person who holds a first aid service licence to operate an intermediate first aid service or an advanced first aid service;".

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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 and 13/2021.

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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 2021 is $181.74.

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.