Drugs, Poisons and Controlled Substances Amendment (Paramedic Practitioners) Act 2025 (Vic)

Drugs, Poisons and Controlled Substances Amendment (Paramedic Practitioners) Act 2025

No. 1 of 2025

TABLE OF PROVISIONS

Clause  Page

1Purpose

2Commencement

3Principal Act

4Definitions

5Persons authorized to have possession etc. of poisons or controlled substances

6Restrictions on authorisations for certain health practitioners

7Minister to approve scope of prescribing rights or supply of poisons

8What a licence, permit or warrant can authorise

9Access, use and disclosure of information on monitored poisons database

10New section 30GA inserted

11Protection from liability for duties and functions in relation to monitored poisons database

12Definitions

13Required notification to Secretary—drugs of dependence and Schedule 4, Schedule 8 and Schedule 9 poisons

14Requirement to apply for Schedule 8 permit

15Schedule 8 permit

16Offence to administer etc. Schedule 8 poisons to drug-dependent person

17Offence to administer etc. Schedule 8 poisons to person who is not a drug-dependent person

18Exception to Schedule 8 permit requirement—specified circumstances

19Exceptions to Schedule 8 permit requirement—multiple practitioners at medical clinic

20Exception to Schedule 8 permit requirement—patients in prisons, police gaols, aged care services and hospitals

21Offence not to comply with Schedule 8 permit

22Secretary may specify circumstances for purposes of section 34D

23Evidentiary

24Regulations

25General regulations

26Repeal of this Act

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Endnotes

1      General information

Drugs, Poisons and Controlled Substances Amendment (Paramedic Practitioners) Act 2025

No. 1 of 2025

[Assented to 11 February 2025]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Drugs, Poisons and Controlled Substances Act 1981—

(a)to establish paramedic practitioners as a class of registered paramedics; and

(b)to authorize paramedic practitioners to obtain, possess, use, sell and supply certain substances.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 12 November 2025, it comes into operation on that day.

3Principal Act

In this Act, the Drugs, Poisons and Controlled Substances Act 1981 is called the Principal Act.

4Definitions

In section 4(1) of the Principal Act insert the following definitions—

"paramedic practitioner means a registered paramedic who—

(a)has completed a prescribed postgraduate qualification; and

(b)satisfies the prescribed experience requirements (if any);

registered paramedic means a person registered under the Health Practitioner Regulation National Law to practise in the paramedicine profession (other than as a student);".

5Persons authorized to have possession etc. of poisons or controlled substances

(1)After section 13(1)(bc) of the Principal Act insert—

"(bd)any paramedic practitioner is hereby authorized to obtain and possess and to use, sell or supply any Schedule 2, 3, 4 or 8 poison approved by the Minister in the lawful practice of the person's profession as a paramedic practitioner; and".

(2)After section 13(2AAC) of the Principal Act insert—

"(2AAD)Subsection (1)(bd) shall not be construed as authorizing a paramedic practitioner referred to in that paragraph to sell or supply any Schedule 2, 3, 4 or 8 poison by retail in an open shop unless the paramedic practitioner is licensed under this Act to do so.".

6Restrictions on authorisations for certain health practitioners

After section 14(3) of the Principal Act insert—

"(3A)If the Paramedicine Board of Australia acting under the Health Practitioner Regulation National Law has imposed in relation to the practice of a registered paramedic a condition, limitation or restriction prohibiting the obtaining, possession, use, sale or supply of a Schedule 2, 3, 4 or 8 poison, that registered paramedic for the purposes of this Act and the regulations is taken not to be authorized to obtain, possess, use, sell or supply in the lawful practice of the registered paramedic's profession the poison to which the condition, limitation or restriction relates.".

7Minister to approve scope of prescribing rights or supply of poisons

In section 14A(1) of the Principal Act, after "(bc)," insert "(bd),".

8What a licence, permit or warrant can authorise

In section 20(3A)(a) of the Principal Act, after "(bc)," insert "(bd),".

9Access, use and disclosure of information on monitored poisons database

In section 30C(2) of the Principal Act, for "or a nurse practitioner" substitute ", a nurse practitioner or a paramedic practitioner".

10New section 30GA inserted

After section 30G of the Principal Act insert—

"30GA   Paramedic practitioner to check monitored poisons database before prescription or supply of monitored supply poison

Unless the regulations otherwise provide, a paramedic practitioner must take all reasonable steps to check the monitored poisons database for the records or information in relation to a person for whom a monitored supply poison may be prescribed or supplied before prescribing or supplying the monitored supply poison for that person.

Penalty:100 penalty units.".

11Protection from liability for duties and functions in relation to monitored poisons database

In section 30J(1) of the Principal Act, after "nurse practitioner," insert "paramedic practitioner,".

12Definitions

(1)In section 31(1) of the Principal Act, in the definition of multiple-practitioner clinic, for "or nurse practitioner" substitute ", nurse practitioner or paramedic practitioner".

(2)In section 31(2) of the Principal Act, for "or a nurse practitioner" substitute ", a nurse practitioner or a paramedic practitioner".

13Required notification to Secretary—drugs of dependence and Schedule 4, Schedule 8 and Schedule 9 poisons

In section 32A(1) of the Principal Act, after "a nurse practitioner" insert ", a paramedic practitioner".

14Requirement to apply for Schedule 8 permit

(1)In section 34(1) of the Principal Act—

(a)for "or a nurse practitioner" substitute ", a nurse practitioner or a paramedic practitioner";

(b)for "his or her patients" substitute "the practitioner's patients".

(2)In section 34(2) of the Principal Act—

(a)for "or a nurse practitioner" substitute ", a nurse practitioner or a paramedic practitioner";

(b)for "his or her patients" substitute "the practitioner's patients".

(3)In section 34(3) of the Principal Act—

(a)for "or a nurse practitioner" substitute ", a nurse practitioner or a paramedic practitioner";

(b)in paragraph (a)(i), for "his or her patients" substitute "the practitioner's patients".

15Schedule 8 permit

In section 34A(1) of the Principal Act, for "or a nurse practitioner" substitute ", a nurse practitioner or a paramedic practitioner".

16Offence to administer etc. Schedule 8 poisons to drug-dependent person

In section 34B of the Principal Act—

(a)for "or a nurse practitioner" substitute ", a nurse practitioner or a paramedic practitioner";

(b)for "he or she" substitute "the practitioner".

17Offence to administer etc. Schedule 8 poisons to person who is not a drug-dependent person

(1)In section 34C(1) of the Principal Act, for "or a nurse practitioner" substitute ", a nurse practitioner or a paramedic practitioner".

(2)In section 34C(2) of the Principal Act, for "or a nurse practitioner" substitute ", a nurse practitioner or a paramedic practitioner".

(3)In section 34C(3) of the Principal Act, for "or a nurse practitioner" substitute ", a nurse practitioner or a paramedic practitioner".

18Exception to Schedule 8 permit requirement—specified circumstances

In section 34D of the Principal Act, for "or a nurse practitioner" substitute ", a nurse practitioner or a paramedic practitioner".

19Exceptions to Schedule 8 permit requirement—multiple practitioners at medical clinic

(1)In section 34E(1) of the Principal Act—

(a)for "or a nurse practitioner" substitute ", a nurse practitioner or a paramedic practitioner";

(b)in paragraph (b), for "or another nurse practitioner" substitute ", another nurse practitioner or another paramedic practitioner".

(2)In section 34E(2) of the Principal Act—

(a)for "or a nurse practitioner" substitute ", a nurse practitioner or a paramedic practitioner";

(b)in paragraph (b), for "or another nurse practitioner" substitute ", another nurse practitioner or another paramedic practitioner".

(3)In section 34E(3) of the Principal Act—

(a)for "or a nurse practitioner" substitute ", a nurse practitioner or a paramedic practitioner";

(b)in paragraph (b), for "or another nurse practitioner" substitute ", another nurse practitioner or another paramedic practitioner".

20Exception to Schedule 8 permit requirement—patients in prisons, police gaols, aged care services and hospitals

In section 34F of the Principal Act, for "or a nurse practitioner" substitute ", a nurse practitioner or a paramedic practitioner".

21Offence not to comply with Schedule 8 permit

In section 35 of the Principal Act—

(a)for "or a nurse practitioner" substitute ", a nurse practitioner or a paramedic practitioner";

(b)for "his or her" substitute "the practitioner's".

22Secretary may specify circumstances for purposes of section 34D

In section 35A(1) of the Principal Act, for "or a nurse practitioner" substitute ", a nurse practitioner or a paramedic practitioner".

23Evidentiary

In section 119(b) of the Principal Act, after "nurse practitioner," insert "registered paramedic,".

24Regulations

(1)In section 129(1) of the Principal Act—

(a)in paragraph (a), after "nurse practitioners," insert "paramedic practitioners,";

(b)in paragraph (aa), after "nurse practitioners," insert "paramedic practitioners,";

(c)in paragraph (fb), after "nurse practitioner," insert "paramedic practitioner,";

(d)in paragraph (fc), after "nurse practitioner," insert "paramedic practitioner,".

(2)In section 129(2) of the Principal Act, after "nurse practitioner," insert "paramedic practitioner,".

25General regulations

(1)After section 132(g) of the Principal Act insert—

"(ga)prescribing the Schedule 2, 3, 4 or 8 poisons that a paramedic practitioner is authorized to obtain, possess, use, sell or supply;".

(2)In section 132(q) of the Principal Act, after "nurse practitioner," insert "paramedic practitioner,".

(3)In section 132(z) of the Principal Act, after "nurse practitioners," insert "paramedic practitioners,".

(4)In section 132(za) of the Principal Act, after "nurse practitioner," insert "paramedic practitioner,".

(5)In section 132(zc) of the Principal Act, after "nurse practitioner," insert "paramedic practitioner,".

26Repeal of this Act

This Act is repealed on 12 November 2026.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

 

Minister's second reading speech—

Legislative Assembly: 14 November 2024

Legislative Council: 28 November 2024

The long title for the Bill for this Act was "A Bill for an Act to amend the Drugs, Poisons and Controlled Substances Act 1981 to establish paramedic practitioners as a class of registered paramedics authorized to obtain, possess, use, sell and supply certain substances and for other purposes."