Drugs, Poisons and Controlled Substances Amendment (Nurses and Midwives) Regulations 2021 (Vic)
Drugs, Poisons and Controlled Substances Amendment (Nurses and Midwives) Regulations 2021
S.R. No. 13/2021
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provisions
3Commencement
4Principal Regulations
5Definitions
6Persons authorised to possess Schedule 4, 8 and 9 poisons
7New regulation 8A inserted
8New regulation 39A inserted
9New regulation 40A inserted
10Notification of fraudulent obtaining of poison
11Sale or supply of Schedule 4 poison by pharmacist
12Sale or supply of Schedule 8 poison by pharmacist
13General security requirement—Schedule 4 poisons
14Storage of Schedule 8 and 9 poisons and drugs of dependence
15Storage requirements for aged care providers and other authorised persons
16New regulation 92A inserted
17New regulation 93A inserted
18Administration of Schedule 4 poison—nurse or registered midwife
19Administration of Schedule 8 poison—nurse or registered midwife
20Administration of Schedule 9 poison—nurse or registered midwife
21Part not to apply to pharmacists and other practitioners
22Person must not administer Schedule 4, 8 or 9 poison to another person except as specified
23Person must not self-administer Schedule 4, 8 or 9 poison except as specified
24Persons required to keep records
25Application of Part
26New regulations 121A and 121B inserted
27New regulation 122A inserted
28Disclosure of drug use within previous 8 weeks required
29New regulations 133A, 133B, and 133C inserted
30New regulation 133D inserted
31New regulations 137A and 137B inserted
32New regulation 138A inserted
33Regulation 142 revoked
34Requirements to supply—delivery, supervision and directions for use
35Requirements to supply—label identifying supplier
36Notification of fraudulent obtaining of order or prescription
37Lost or stolen poisons to be notified—practitioners
38New regulations 159B and 159C inserted
39New regulations 161A, 161B and 161C inserted
═════════════
Endnotes
STATUTORY RULES 2021
S.R. No. 13/2021
Drugs, Poisons and Controlled Substances Act 1981
Drugs, Poisons and Controlled Substances Amendment (Nurses and Midwives) Regulations 2021
The Governor in Council makes the following Regulations:
Dated: 10 March 2021
Responsible Minister:
MARTIN FOLEY
Minister for HealthCLAIRE CHISHOLM
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 certain nurses and midwives to obtain, possess, sell, supply and administer certain Schedule 2, 3, 4 and 8 poisons; and
(b)to enable the Secretary to approve nurses and midwives and poisons for that purpose; and
(c)to make minor and technical amendments.
2Authorising provisions
These Regulations are made under sections 129, 132, 132A and 132B of the Drugs, Poisons and Controlled Substances Act 1981.
3Commencement
These Regulations come into operation on 1 July 2021.
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—
(a)insert the following definitions—
"approved registered midwife means a registered midwife belonging to a class approved by the Secretary in accordance with regulation 159B;
approved registered nurse means a registered nurse belonging to a class approved by the Secretary in accordance with regulation 159C;
the Primary Clinical Care Manual means the document with that title, as published from time to time by the State of Queensland (Queensland Health) and the Royal Flying Doctor Service (Queensland Section).";
(b)in the definition for the Act, for "1981." substitute "1981;".
6Persons authorised to possess Schedule 4, 8 and 9 poisons
In regulation 7(1) of the Principal Regulations, in the Table—
(a)in item 5—
(i)for "has been supplied" substitute "is supplied";
(ii)for "authorised midwife, authorised optometrist, authorised podiatrist, pharmacist or authorised registered nurse" substitute "authorised registered nurse, approved registered nurse, authorised midwife, approved registered midwife, authorised optometrist, authorised podiatrist or pharmacist";
(b)in item 6—
(i)for "has been supplied" substitute "is supplied";
(ii)for "authorised midwife, pharmacist or authorised registered nurse" substitute "authorised registered nurse, approved registered nurse, authorised midwife, approved registered midwife or pharmacist";
(c)in item 7, for "has been supplied" substitute
"is supplied";(d)in item 9, for "has been supplied" substitute
"is supplied";(e)in item 10, for "has been supplied" substitute "is supplied".
7New regulation 8A inserted
After regulation 8 of the Principal Regulations insert—
8APossession of Schedule 4 and 8 poisons by an approved registered nurse or approved registered midwife "
An approved registered nurse or approved registered midwife is authorised to obtain and possess a Schedule 4 poison or a Schedule 8 poison in accordance with an approval under regulation 161A for sale, supply or administration in accordance with that approval.".
8New regulation 39A inserted
After regulation 39 of the Principal Regulations insert—
39ASale or supply of Schedule 4 or 8 poison—approved registered nurse"
(1)An approved registered nurse is authorised to sell or supply a Schedule 4 poison or Schedule 8 poison if—
(a)that sale or supply is for treatment that is—
(i)treatment of a person under the nurse's care; and
(ii)treatment of the person to whom the poison is sold or supplied; and
(b)the nurse has taken all reasonable steps to ensure a therapeutic need exists for that poison; and
(c)the poison is sold or supplied not merely for the purpose of supporting the drug dependence of a person; and
(d)if the poison is a drug of dependence or a Schedule 8 poison, the nurse has taken all reasonable steps to ascertain the identity of the person for whose treatment the poison is sold or supplied; and
(e)the sale or supply is in accordance with an approval under regulation 161A.
(2)An approved registered nurse must not sell or supply a Schedule 4 poison or Schedule 8 poison other than in accordance with subregulation (1).
Penalty:100 penalty units.".
9New regulation 40A inserted
After regulation 40 of the Principal Regulations insert—
40ASale or supply of Schedule 4 or 8 poison—approved registered midwife"
(1)An approved registered midwife is authorised to sell or supply a Schedule 4 poison or Schedule 8 poison if—
(a)that sale or supply is for the midwifery treatment of a person under the midwife's care; and
(b)that sale or supply is for the treatment of the person to whom the poison is sold or supplied; and
(c)the midwife has taken all reasonable steps to ensure a therapeutic need exists for that poison; and
(d)the poison is sold or supplied not merely for the purpose of supporting the drug dependence of a person; and
(e)if the poison is a drug of dependence or a Schedule 8 poison, the midwife has taken all reasonable steps to ascertain the identity of the person for whose treatment the poison is sold or supplied; and
(f)the sale or supply is in accordance with an approval under regulation 161A.
(2)An approved registered midwife must not sell or supply a Schedule 4 poison or Schedule 8 poison other than in accordance with subregulation (1).
Penalty:100 penalty units.".
10Notification of fraudulent obtaining of poison
After regulation 44(4) of the Principal Regulations insert—
"(5)An approved registered nurse or approved registered midwife who suspects or has reason to believe that a person has obtained from the nurse or midwife by means of a false pretence a Schedule 8 poison or Schedule 4 poison must immediately inform the Secretary and a police officer of that suspicion or belief.
Penalty:50 penalty units.".
11Sale or supply of Schedule 4 poison by pharmacist
For regulation 47(1)(g) of the Principal Regulations substitute—
"(g)sale or supply in accordance with an order of—
(i)a registered medical practitioner; or
(ii)a veterinary practitioner; or
(iii)a dentist; or
(iv)a nurse practitioner; or
(v)an authorised registered nurse; or
(vi)an approved registered nurse; or
(vii)an authorised midwife; or
(viii)an approved registered midwife; or
(ix)an authorised optometrist; or
(x)an authorised podiatrist; or".
12Sale or supply of Schedule 8 poison by pharmacist
For regulation 48(1)(d) of the Principal Regulations, substitute—
"(d)sale or supply in accordance with an order of—
(i)a registered medical practitioner; or
(ii)a veterinary practitioner; or
(iii)a dentist; or
(iv)a nurse practitioner; or
(v)an authorised registered nurse; or
(vi)an approved registered nurse; or
(vii)an authorised midwife; or
(viii)an approved registered midwife; or".
13General security requirement—Schedule 4 poisons
(1)In regulation 73(1)(c) of the Principal Regulations, for "poison." substitute "poison; and".
(2)After regulation 73(1)(c) of the Principal Regulations insert—
"(d)an approved registered nurse or approved registered midwife authorised under regulation 8A to be in possession of a Schedule 4 poison.".
(3)For regulation 73(2) of the Principal Regulations substitute—
"(2)A person to whom this regulation applies must store in a lockable storage facility any Schedule 4 poisons that the person possesses (other than in accordance with items 5, 8, 9 or 10 in Part 1 of the Table in regulation 7).
Penalty:100 penalty units.".
(4)For regulation 73(3)(b) of the Principal Regulations substitute—
"(b)in the case of poisons stored in accordance with subregulation (4)(a) or (b), when any of the following is present—
(i)a registered medical practitioner;
(ii)a veterinary practitioner;
(iii)a dentist;
(iv)a nurse practitioner;
(v)a nurse who is authorised under regulation 8(1)(a);
(vi)an authorised registered nurse;
(vii)an approved registered nurse;
(viii)a midwife who is authorised under regulation 8(1)(a);
(ix)an authorised midwife;
(x)an approved registered midwife;
(xi)an authorised optometrist;
(xii)an authorised podiatrist;
(xiii)a pharmacist.".
(5)In regulation 73 (4)(c) substitute—
"(c)in an area separated from the remainder of the premises to which only the following persons have access—
(i)a registered medical practitioner;
(ii)a pharmacist;
(iii)a veterinary practitioner;
(iv)a dentist;
(v)a nurse practitioner;
(vi)an authorised registered nurse;
(vii)an approved registered nurse;
(viii)an authorised midwife;
(ix)an approved registered midwife;
(x)an authorised optometrist;
(xi)an authorised podiatrist.".
14Storage of Schedule 8 and 9 poisons and drugs of dependence
(1)In regulation 74(1)(c) of the Principal Regulations, for "poison." substitute "poison; and".
(2)After regulation 74(1)(c) of the Principal Regulations insert—
"(d)an approved registered nurse or approved registered midwife authorised under regulation 8A to be in possession of a Schedule 8 poison.".
(3)In regulation 74(2) of the Principal Regulations, for "in the person's possession" substitute "that the person possesses (other than in accordance with items 6, 7, 8 or 9 in Part 1 of the Table in regulation 7)".
(4)For regulation 74(6) of the Principal Regulations substitute—
"(6)A person to whom this regulation applies must keep each Schedule 8 poison or Schedule 9 poison that—
(a)the person possesses (other than in accordance with items 6, 7, 8 or 9 in Part 1 of the Table in regulation 7); and
(b)is being transported for use in another place—
in a locked storage facility which is secured to prevent unauthorised access to those poisons.
Penalty:100 penalty units.".
15Storage requirements for aged care providers and other authorised persons
(1)For the heading to regulation 75 of the Principal Regulations substitute—
"Storage requirements for aged care providers and other authorised persons".
(2)For regulation 75(1) of the Principal Regulations substitute—
"(1)This regulation applies to—
(a)a person who—
(i)is referred to in Column 1 of Part 2 of the Table in regulation 7; and
(ii)possesses a Schedule 4 poison or Schedule 8 poison in accordance with that Part of that Table; and
(b)an approved provider of an aged care service who possesses a Schedule 4 poison or Schedule 8 poison that has been supplied to a resident in that service on a prescription or a chart instruction.".
(3)In regulation 75(2) of the Principal Regulations, for "any Schedule 4 poison in the person's possession" substitute "each Schedule 4 poison that the person possesses as described in subregulation (1)".
(4)In regulation 75(3) of the Principal Regulations, for "any Schedule 8 poison in the person's possession" substitute "each Schedule 8 poison that the person possesses as described in subregulation (1)".
16New regulation 92A inserted
After regulation 92 of the Principal Regulations insert—
92AAdministration of Schedule 4, 8 or 9 poison—approved registered nurse"
(1)An approved registered nurse must not administer a Schedule 4 poison other than in accordance with subregulation (3) or regulation 96(3).
Penalty:100 penalty units.
Note
Regulation 96(3) authorises a nurse to administer a Schedule 4 poison in certain circumstances. An approved registered nurse may administer a Schedule 4 poison in those circumstances as a nurse.
(2)An approved registered nurse must not administer a Schedule 8 poison other than in accordance with subregulation (3) or regulation 97(3).
Penalty:100 penalty units.
Note
Regulation 97(3) authorises a nurse to administer a Schedule 8 poison in certain circumstances. An approved registered nurse may administer a Schedule 8 poison in those circumstances as a nurse.
(3)An approved registered nurse is authorised to administer a Schedule 4 poison or Schedule 8 poison if—
(a)the poison is administered for the treatment of a person other than the nurse; and
(b)the poison is for the treatment of a person under the nurse's care; and
(c)the nurse has taken all reasonable steps to ensure a therapeutic need exists for the poison; and
(d)if the poison was supplied for the treatment of a specific person, the administration is for the treatment of that person; and
(e)the poison is administered not merely for the purpose of supporting the drug dependence of a person; and
(f)if the poison is a drug of dependence or a Schedule 8 poison, the nurse has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered; and
(g)the administration is in accordance with an approval under regulation 161A.
(4)An approved registered nurse must not administer a Schedule 9 poison other than in accordance with regulation 98(3).
Penalty:100 penalty units.
Note
Regulation 98(3) authorises a nurse to administer a Schedule 9 poison in certain circumstances. An approved registered nurse may administer a Schedule 9 poison in those circumstances as a nurse.".
17New regulation 93A inserted
After regulation 93 of the Principal Regulations insert—
93AAdministration of Schedule 4, 8 or 9 poison—approved registered midwife"
(1)An approved registered midwife must not administer a Schedule 4 poison other than in accordance with subregulation (3) or regulation 96(3).
Penalty:100 penalty units.
Note
Regulation 96(3) authorises a registered midwife to administer a Schedule 4 poison in certain circumstances. An approved registered midwife may administer a Schedule 4 poison in those circumstances as a registered midwife.
(2)An approved registered midwife must not administer a Schedule 8 poison other than in accordance with subregulation (3) or regulation 97(3).
Penalty:100 penalty units.
Note
Regulation 97(3) authorises a registered midwife to administer a Schedule 8 poison in certain circumstances. An approved registered midwife may administer a Schedule 8 poison in those circumstances as a registered midwife.
(3)An approved registered midwife is authorised to administer a Schedule 4 poison or Schedule 8 poison if—
(a)the poison is administered for the treatment of a person other than the midwife; and
(b)the poison is for the midwifery treatment of a person under the midwife's care; and
(c)the midwife has taken all reasonable steps to ensure a therapeutic need exists for the poison; and
(d)if the poison was supplied for the treatment of a specific person, the administration is for the treatment of that person; and
(e)the poison is administered not merely for the purpose of supporting the drug dependence of a person; and
(f)if the poison is a drug of dependence or a Schedule 8 poison, the midwife has taken all reasonable steps to ascertain the identity of the person to whom the poison is to be administered; and
(g)the administration is in accordance with an approval under regulation 161A.
(4)An approved registered midwife must not administer a Schedule 9 poison other than in accordance with regulation 98(3).
Penalty:100 penalty units.
Note
Regulation 98(3) authorises a registered midwife to administer a Schedule 9 poison in certain circumstances. An approved registered midwife may administer a Schedule 9 poison in those circumstances as a registered midwife.".
18Administration of Schedule 4 poison—nurse or registered midwife
(1)In regulation 96(1) of the Principal Regulations, for "a nurse practitioner or authorised registered nurse)" substitute "a nurse practitioner, authorised registered nurse or approved registered nurse)".
(2)In regulation 96(2) of the Principal Regulations, for "an authorised midwife)" substitute "an authorised midwife or approved registered midwife)".
(3)In regulation 96(3)(a) of the Principal Regulations for "an authorised midwife," substitute "an authorised registered nurse, an approved registered nurse, an authorised midwife, an approved registered midwife,".
19Administration of Schedule 8 poison—nurse or registered midwife
(1)In regulation 97(1) of the Principal Regulations, for "a nurse practitioner or authorised registered nurse)" substitute "a nurse practitioner, authorised registered nurse or approved registered nurse)".
(2)In regulation 97(2) of the Principal Regulations, for "an authorised midwife)" substitute "an authorised midwife or approved registered midwife)".
(3)In regulation 97(3)(a) of the Principal Regulations for "nurse practitioner or an authorised midwife;" substitute "nurse practitioner, an authorised registered nurse, an approved registered nurse, an authorised midwife, or an approved registered midwife;".
20Administration of Schedule 9 poison—nurse or registered midwife
(1)In regulation 98(1) of the Principal Regulations, for "a nurse practitioner or authorised registered nurse)" substitute "a nurse practitioner, authorised registered nurse or approved registered nurse)".
(2) In regulation 98(2) of the Principal Regulations, for "an authorised midwife)" substitute "an authorised midwife or approved registered midwife)".
21Part not to apply to pharmacists and other practitioners
In regulation 102 of the Principal Regulations, for the definition of person substitute—
"person does not include a person acting in the lawful practice of the person's profession as—
(a)a registered medical practitioner; or
(b)a dentist; or
(c)a veterinary practitioner; or
(d)a nurse practitioner; or
(e)a nurse; or
(f)an authorised registered nurse; or
(g)an approved registered nurse; or
(h)a registered midwife; or
(i)an authorised midwife; or
(j)an approved registered midwife; or
(k)an authorised optometrist; or
(l)an authorised podiatrist; or
(m)a pharmacist.".
22Person must not administer Schedule 4, 8 or 9 poison to another person except as specified
(1)For regulation 103(1)(a)(i) of the Principal Regulations substitute—
"(i)by a registered medical practitioner, a dentist, a nurse practitioner, an authorised registered nurse, an approved registered nurse, an authorised midwife, an approved registered midwife, an authorised optometrist, an authorised podiatrist or a pharmacist; and".
(2)For regulation 103(2)(a)(i) of the Principal Regulations substitute—
"(i)by a registered medical practitioner, a dentist, a nurse practitioner, an authorised registered nurse, an approved registered nurse, an authorised midwife, an approved registered midwife or a pharmacist; and".
23Person must not self-administer Schedule 4, 8 or 9 poison except as specified
(1)For regulation 105(1) of the Principal Regulations substitute—
"(1)A person must not administer a Schedule 4 poison unless—
(a)the poison was lawfully supplied for the treatment of that person by—
(i)a registered medical practitioner; or
(ii)a dentist; or
(iii)a nurse practitioner; or
(iv)an authorised registered nurse; or
(v)an approved registered nurse; or
(vi)an authorised midwife; or
(vii)an approved registered midwife; or
(viii)an authorised optometrist; or
(ix)an authorised podiatrist; or
(b)the poison was lawfully supplied for the treatment of that person by a pharmacist on the prescription, chart instruction or verbal authorisation of—
(i)a registered medical practitioner; or
(ii)a dentist;
(iii)a nurse practitioner; or
(iv)an authorised midwife; or
(v)an authorised optometrist; or
(vi)an authorised podiatrist; or
(c)the poison was lawfully supplied for the treatment of that person by a pharmacist in accordance with regulation 47(1)( e ) or (f); or
(d)the person is listed in Column 1 of Part 2 of the Table in regulation 7 and the administration is to the extent and for the purpose specified in Column 2 of Part 2 of that Table.
Penalty:100 penalty units.".
(2)For regulation 105(2) of the Principal Regulations substitute—
"(2)A person must not self-administer a Schedule 8 poison unless—
(a)the poison was lawfully supplied for the treatment of that person by—
(i)a registered medical practitioner; or
(ii)a dentist; or
(iii)a nurse practitioner; or
(iv)an authorised registered nurse; or
(v)an approved registered nurse; or
(vi)an authorised midwife; or
(vii)an approved registered midwife; or
(b)the poison was lawfully supplied for the treatment of that person by a pharmacist on the prescription, chart instruction or verbal authorisation of—
(i)a registered medical practitioner; or
(ii)a dentist; or
(iii)a nurse practitioner; or
(iv)an authorised midwife.
Penalty:100 penalty units.".
(3)In regulation 105(3)(a) and (b) of the Principal Regulations, after "lawfully supplied" insert "for the treatment of that person".
24Persons required to keep records
For regulation 107(a) of the Principal Regulations substitute—
"(a)each of the following—
(i)a registered medical practitioner;
(ii)a veterinary practitioner;
(iii)a dentist;
(iv)a nurse practitioner;
(v)an authorised registered nurse;
(vi)an approved registered nurse;
(vii)an authorised midwife;
(viii)an approved registered midwife;
(ix)an authorised optometrist;
(x)an authorised podiatrist;
(xi)a pharmacist;".
25Application of Part
After regulation 118(1) of the Principal Regulations insert—
"(1A)A reference in this Part to a person purchasing, obtaining or administering a substance to which this Part applies does not refer to that person doing so in a capacity other than in the lawful practice of their profession.
Note
Other provisions of these Regulations regulate persons dealing with these substances in a personal capacity. See, for example—
· items 5 to 10 in Part 1 of the Table in regulation 7, which authorises certain persons to obtain and possess (among other things) substances to which this Part applies;
· regulation 105, which governs the self‑administration of (among other things) substances to which this Part applies.".
26New regulations 121A and 121B inserted
After regulation 121 of the Principal Regulations insert—
121ADealing with substance—authorised registered nurse"
(1)An authorised registered nurse must not purchase, obtain, sell or supply a substance to which this Part applies.
Penalty:100 penalty units.
(2)An authorised registered nurse must not administer a substance to which this Part applies except in accordance with regulation 96(3).
Penalty:100 penalty units.
Note
Regulation 96(3) authorises a nurse to administer a Schedule 4 poison in certain circumstances. An authorised registered nurse may administer a Schedule 4 poison in those circumstances as a nurse.
121BDealing with substance—approved registered nurse
(1)An approved registered nurse must not purchase, obtain, sell or supply a substance to which this Part applies.
Penalty:100 penalty units.
(2)An approved registered nurse must not administer a substance to which this Part applies except in accordance with regulation 96(3).
Penalty:100 penalty units.
Note
Regulation 96(3) authorises a nurse to administer a Schedule 4 poison in certain circumstances. An approved registered nurse may administer a Schedule 4 poison in those circumstances as a nurse.".
27New regulation 122A inserted
After regulation 122 of the Principal Regulations insert—
122ADealing with substance—approved registered midwife"
(1)An approved registered midwife must not purchase, obtain, sell or supply a substance to which this Part applies.
Penalty:100 penalty units.
(2)An approved registered midwife must not administer a substance to which this Part applies except in accordance with regulation 96(3).
Penalty:100 penalty units.
Note
Regulation 96(3) authorises a registered midwife to administer a Schedule 4 poison in certain circumstances. An approved registered midwife may administer a Schedule 4 poison in those circumstances as a registered midwife.".
28Disclosure of drug use within previous 8 weeks required
(1)In regulation 132(1) of the Principal Regulations, for "a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist, authorised podiatrist or authorised registered nurse—" substitute "a practitioner specified in subregulation (1A)—".
(2)After regulation 132(1) of the Principal Regulations insert—
"(1A)The following practitioners are specified for the purposes of subregulation (1)—
(a)a registered medical practitioner;
(b)a veterinary practitioner;
(c)a dentist;
(d)a nurse practitioner;
(e)an authorised registered nurse;
(f)an approved registered nurse;
(g)an authorised midwife;
(h)an approved registered midwife;
(i)an authorised optometrist;
(j)an authorised podiatrist.".
29New regulations 133A, 133B, and 133C inserted
After regulation 133 of the Principal Regulations insert—
133APossession of a Schedule 2 poison by an approved registered nurse or approved registered midwife"
An approved registered nurse or approved registered midwife is authorised to obtain and possess a Schedule 2 poison in accordance with an approval under regulation 161B for sale, supply or administration in accordance with that approval.
133BRestrictions on dealing with Schedule 2 poison—approved registered nurse
(1)Subject to this regulation, an approved registered nurse is authorised to sell, supply and administer a Schedule 2 poison.
(2)An approved registered nurse must not sell, supply or administer a Schedule 2 poison unless—
(a)that poison is for the treatment of a person under the nurse's care; and
(b)if the poison is a drug of dependence, the nurse has taken all reasonable steps to ascertain the identity of the person who is to be treated; and
(c)the sale, supply or administration is in accordance with an approval under regulation 161B.
Penalty:100 penalty units.
(3)An approved registered nurse must not sell, supply or administer a Schedule 2 poison unless the nurse has taken all reasonable steps to ensure a therapeutic need exists for that poison.
Penalty:50 penalty units.
133CRestrictions on dealing with Schedule 2 poison—approved registered midwife
(1)Subject to this regulation, an approved registered midwife is authorised to sell, supply and administer a Schedule 2 poison.
(2)An approved registered midwife must not sell, supply or administer a Schedule 2 poison unless—
(a)that poison is for the treatment of a person under the midwife's care; and
(b)if the poison is a drug of dependence, the midwife has taken all reasonable steps to ascertain the identity of the person who is to be treated; and
(c)the sale, supply or administration is in accordance with an approval under regulation 161B.
Penalty:100 penalty units.
(3)An approved registered midwife must not sell, supply or administer a Schedule 2 poison unless the midwife has taken all reasonable steps to ensure a therapeutic need exists for that poison.
Penalty:50 penalty units.".
30New regulation 133D inserted
After the heading to Part 2 of Chapter 3 of the Principal Regulations insert—
133DPossession of a Schedule 3 poison by an approved registered nurse or approved registered midwife"
An approved registered nurse or approved registered midwife is authorised to obtain and possess a Schedule 3 poison in accordance with an approval under regulation 161C for sale, supply or administration in accordance with that approval.".
31New regulations 137A and 137B inserted
After regulation 137 in the Principal Regulations insert—
137ASale, supply or administration of Schedule 3 poison—authorised registered nurse"
(1)An authorised registered nurse must not sell, supply or administer a Schedule 3 poison unless—
(a)that poison is for the treatment of a person under the nurse's care; and
(b)if the poison is a drug of dependence, the nurse has taken all reasonable steps to ascertain the identity of the person who is to be treated.
Penalty:100 penalty units.
(2)An authorised registered nurse must not sell, supply or administer a Schedule 3 poison unless the authorised registered nurse has taken all reasonable steps to ensure a therapeutic need exists for that poison.
Penalty:50 penalty units.
137BSale, supply or administration of Schedule 3 poison—approved registered nurse
(1)Subject to this regulation, an approved registered nurse is authorised to sell, supply and administer a Schedule 3 poison.
(2)An approved registered nurse must not sell, supply or administer a Schedule 3 poison unless—
(a)the poison is for the treatment of a person under the nurse's care; and
(b)if the poison is a drug of dependence, the nurse has taken all reasonable steps to ascertain the identity of the person who is to be treated; and
(c)the sale, supply or administration is in accordance with an approval under regulation 161C.
Penalty:100 penalty units.
(3)An approved registered nurse must not sell, supply or administer a Schedule 3 poison unless the nurse has taken all reasonable steps to ensure a therapeutic need exists for that poison.
Penalty:50 penalty units.".
32New regulation 138A inserted
After regulation 138 in the Principal Regulations insert—
138ASale, supply or administration of Schedule 3 poison—approved registered midwife"
(1)Subject to this regulation, an approved registered midwife is authorised to sell, supply and administer a Schedule 3 poison.
(2)An approved registered midwife must not sell, supply or administer a Schedule 3 poison unless—
(a)the poison is for the treatment of a person under the midwife's care; and
(b)if the poison is a drug of dependence, the midwife has taken all reasonable steps to ascertain the identity of the person who is to be treated; and
(c)the sale, supply or administration is in accordance with an approval under regulation 161C.
Penalty:100 penalty units.
(3)An approved registered midwife must not sell, supply or administer a Schedule 3 poison unless the midwife has taken all reasonable steps to ensure a therapeutic need exists for that poison.
Penalty:50 penalty units.".
33Regulation 142 revoked
Regulation 142 of the Principal Regulations is revoked.
34Requirements to supply—delivery, supervision and directions for use
(1)In regulation 144(1) of the Principal Regulations, for "registered medical practitioner, veterinary practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist, authorised podiatrist, pharmacist or authorised registered nurse" substitute "practitioner specified in subregulation (1A)".
(2)After regulation 144(1) of the Principal Regulations insert—
"(1A)The following practitioners are specified for the purposes of subregulation (1)—
(a)a registered medical practitioner;
(b)a veterinary practitioner;
(c)a dentist;
(d)a nurse practitioner;
(e)an authorised registered nurse;
(f)an approved registered nurse;
(g)an authorised midwife;
(h)an approved registered midwife;
(i)an authorised optometrist;
(j)an authorised podiatrist;
(k)a pharmacist.".
35Requirements to supply—label identifying supplier
(1)In regulation 145(1) of the Principal Regulations for "registered medical practitioner, veterinary practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist, authorised podiatrist, pharmacist or authorised registered nurse" substitute "practitioner specified in subregulation (1A)".
(2)At the foot of regulation 145(1) of the Principal Regulations insert—
"Penalty:50 penalty units.".
(3)After regulation 145(1) of the Principal Regulations insert—
"(1A)The following practitioners are specified for the purposes of subregulation (1)—
(a)a registered medical practitioner;
(b)a veterinary practitioner;
(c)a dentist;
(d)a nurse practitioner;
(e)an authorised registered nurse;
(f)an approved registered nurse;
(g)an authorised midwife;
(h)an approved registered midwife;
(i)an authorised optometrist;
(j)an authorised podiatrist;
(k)a pharmacist.".
36Notification of fraudulent obtaining of order or prescription
(1)After regulation 147(1)(d) of the Principal Regulations insert—
"(da)an authorised registered nurse; and
(db)an approved registered nurse; and".
(2)After regulation 147(1)(e) of the Principal Regulations insert—
"(ea)an approved registered midwife; and".
(3)Regulation 147(1)(h) of the Principal Regulations is revoked.
37Lost or stolen poisons to be notified—practitioners
(1)After regulation 152(1)(iv) of the Principal Regulations insert—
"(iva)an authorised registered nurse; or
(ivb)an approved registered nurse; or".
(2)After regulation 152(1)(v) of the Principal Regulations insert—
"(va)an approved registered midwife; or".
38New regulations 159B and 159C inserted
After regulation 159A of the Principal Regulations insert—
159BApproved registered midwives"
(1)The Secretary by notice published in the Government Gazette may approve a class of registered midwife for the purposes of the definition of approved registered midwife in regulation 5(1).
(2)Without limiting subregulation (1), the class may be defined using criteria relating to—
(a)the completion of a training course or other education; or
(b)the acquisition of a qualification; or
(c)the length of time for which the registered midwife has practised; or
(d)the location in which the registered midwife practises.
159CApproved registered nurses
(1)The Secretary by notice published in the Government Gazette may approve a class of registered nurse for the purposes of the definition of approved registered nurse in regulation 5(1).
(2)Without limiting subregulation (1), the class may be defined using criteria relating to—
(a)the completion of a training course or other education; or
(b)the acquisition of a qualification; or
(c)the length of time for which the registered nurse has practised; or
(d)the location in which the registered nurse practises.".
39New regulations 161A, 161B and 161C inserted
After regulation 161 of the Principal Regulations insert—
161ASecretary may approve Schedule 4 or Schedule 8 poisons for obtaining, possession, sale, supply or administration by approved registered nurses or approved registered midwives"
(1)The Secretary by notice published in the Government Gazette, may approve a Schedule 4 poison or Schedule 8 poison that an approved registered nurse or approved registered midwife is to be authorised to obtain, possess, sell, supply and administer where that obtaining, possession, sale, supply or administration is not authorised under section 13 or 14A of the Act.
(2)The Secretary must not approve a Schedule 4 or Schedule 8 poison under subregulation (1) unless the Secretary considers that—
(a)the approval is necessary for the provision of health services and neither section 13 nor 14A of the Act applies; and
(b)it is within the competence of an approved registered nurse or approved registered midwife to obtain, possess, sell, supply and administer the poison without the supervision or instruction of—
(i) in the case of a Schedule 4 poison, a registered medical practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist; or
(ii)in the case of a Schedule 8 poison, a registered medical practitioner, dentist, nurse practitioner or authorised midwife.
(3)An approval under subregulation (1) is subject to the condition that supply pursuant to the approval must comply with the parts of the Primary Clinical Care Manual that are—
(a)specified in the approval for the purposes of this subregulation; and
(b)read in accordance with the material set out in the approval under subregulation (5).
(4)An approval under subregulation (1) is subject to the condition that administration pursuant to the approval must comply with the parts of the Primary Clinical Care Manual that are—
(a)specified in the approval for the purposes of this subregulation; and
(b)read in accordance with the material set out in the approval under subregulation (5).
(5)The Secretary may set out in an approval under subregulation (1) any material in accordance with which a part of the Primary Clinical Care Manual is to be read for the purposes of that approval.
(6)The Secretary may specify in an approval under subregulation (1) that the approval is subject to any other condition the Secretary considers is necessary for the proper obtaining, possession, sale, supply or administration of a Schedule 4 poison or a Schedule 8 poison.
(7)An approval under subregulation (1) may be made in respect of—
(a)a poison or class of poison; and
(b)all approved registered nurses or approved registered midwives, or a class of approved registered nurses or approved registered midwives.
(8)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.
161BSecretary may approve Schedule 2 poisons for obtaining, possession, sale, supply or administration by approved registered nurses or approved registered midwives
(1)The Secretary by notice published in the Government Gazette, may approve a Schedule 2 poison that an approved registered nurse or approved registered midwife is to be authorised to obtain, possess, sell, supply and administer where that obtaining, possession, sale, supply or administration is not authorised under section 13 or 14A of the Act.
(2)The Secretary must not approve a Schedule 2 poison under subregulation (1) unless the Secretary considers that—
(a)the approval is necessary for the provision of health services and neither section 13 nor section 14A of the Act applies; and
(b)it is within the competence of an approved registered nurse or approved registered midwife to obtain, possess, sell, supply and administer the poison without the supervision of a registered medical practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist.
(3)An approval under subregulation (1) is subject to the condition that supply pursuant to the approval must comply with the parts of the Primary Clinical Care Manual that are—
(a)specified in the approval for the purposes of this subregulation; and
(b)read in accordance with the material set out in the approval under subregulation (5).
(4)An approval under subregulation (1) is subject to the condition that administration pursuant to the approval must comply with the parts of the Primary Clinical Care Manual that are—
(a)specified in the approval for the purposes of this subregulation; and
(b)read in accordance with the material set out in the approval under subregulation (5).
(5)The Secretary may set out in an approval under subregulation (1) any material in accordance with which a part of the Primary Clinical Care Manual is to be read for the purposes of that approval.
(6)The Secretary may specify in an approval under subregulation (1) that the approval is subject to any other condition the Secretary considers is necessary for the proper obtaining, possession, sale, supply or administration of a Schedule 2 poison.
(7)An approval under subregulation (1) may be made in respect of—
(a)a poison or class of poison; and
(b)all approved registered nurses or approved registered midwives, or a class of approved registered nurses or approved registered midwives.
(8)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.
161CSecretary may approve Schedule 3 poisons for obtaining, possession, sale, supply or administration by approved registered nurses or approved registered midwives
(1)The Secretary by notice published in the Government Gazette, may approve a Schedule 3 poison that an approved registered nurse or approved registered midwife is to be authorised to obtain, possess, sell, supply and administer the poison where that obtaining, possession, sale, supply or administration is not authorised under section 13 or 14A of the Act.
(2)The Secretary must not approve a Schedule 3 poison under subregulation (1) unless the Secretary considers that—
(a)the approval is necessary for the provision of health services and section 13 or 14A of the Act does not apply; and
(b)it is within the competence of an approved registered nurse or approved registered midwife to obtain, possess, sell, supply and administer the poison without the supervision of a registered medical practitioner, dentist, nurse practitioner, authorised midwife, authorised optometrist or authorised podiatrist.
(3)An approval under subregulation (1) is subject to the condition that supply pursuant to the approval must comply with the parts of the Primary Clinical Care Manual that are—
(a)specified in the approval for the purposes of this subregulation; and
(b)read in accordance with the material set out in the approval under subregulation (5).
(4)An approval under subregulation (1) is subject to the condition that administration pursuant to the approval must comply with the parts of the Primary Clinical Care Manual that are—
(a)specified in the approval for the purposes of this subregulation; and
(b)read in accordance with the material set out in the approval under subregulation (5).
(5)The Secretary may specify in an approval under subregulation (1) any material in accordance with which a part of the Primary Clinical Care Manual is to be read for the purposes of that approval.
(6)The Secretary may specify in an approval under subregulation (1) that the approval is subject to any other condition the Secretary considers is necessary for the proper obtaining, possession, sale, supply or administration of a Schedule 3 poison.
(7)An approval under subregulation (1) may be made in respect of—
(a)a poison or class of poison; and
(b)all approved registered nurses or approved registered midwives, or a class of approved registered nurses or approved registered midwives.
(8)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.".
═════════════
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 and 73/2020.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
In this table, Principal Regulations means the Drugs, Poisons and Controlled Substances Regulations 2017.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 5 which inserts the definition of the Primary Clinical Care Manual in regulation 5(1) of the Principal Regulations | The Primary Clinical Care Manual as published from time to time by the State of Queensland (Queensland Health) and the Royal Flying Doctor Service (Queensland Section). | The whole |
0
0
0