Drugs, Poisons and Controlled Substances Amendment (Residential Medication Chart) Regulations 2020 (Vic)

Drugs, Poisons and Controlled Substances Amendment (Residential Medication Chart) Regulations 2020

S.R. No. 73/2020

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

Part 2—Amendments relating to residential medication charts

5Definitions

6Persons authorised to write chart instruction on residential medication chart

7When registered medical practitioner may write chart instruction on hospital medication chart

8New regulation 30A inserted

9When dentist may write chart instruction on hospital medication chart

10New regulation 31A inserted

11When nurse practitioner may write chart instruction on hospital medication chart

12New regulation 32A inserted

13Sale or supply of Schedule 8 poison by pharmacist

14New regulation 55A inserted

15Pharmacist must mark residential medication chart after supplying Schedule 4 or 8 poison on chart instruction

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Endnotes

STATUTORY RULES 2020

S.R. No. 73/2020

Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment (Residential Medication Chart) Regulations 2020

The Governor in Council makes the following Regulations:

Dated: 21 July 2020

Responsible Minister:

JENNY MIKAKOS
Minister for Health

CLAIRE CHISHOLM

Clerk of the Executive Council

Part 1—Preliminary

1Objective

The objective of these Regulations is to amend the Drugs, Poisons and Controlled Substances Regulations 2017 to provide for the supply of a Schedule 8 poison from a residential medication chart that is an electronic medication chart.

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 23 July 2020.

4Principal Regulations

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

Part 2—Amendments relating to residential medication charts

5Definitions

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

"electronic medication chart means a medication chart in an electronic form in accordance with the requirements of the Commonwealth Regulations;".

6Persons authorised to write chart instruction on residential medication chart

After regulation 29(1) of the Principal Regulations insert—

"(1A)A person other than a registered medical practitioner, dentist or nurse practitioner must not write a chart instruction on a residential medication chart for a Schedule 8 poison.

Penalty:100 penalty units.".

7When registered medical practitioner may write chart instruction on hospital medication chart

(1)In the heading to regulation 30 of the Principal Regulations, after "instruction" insert "on hospital medication chart".

(2)In regulation 30 of the Principal Regulations omit "or residential medication chart".

8New regulation 30A inserted

After regulation 30 of the Principal Regulations insert—

"30A   When registered medical practitioner may write chart instruction on residential medication chart

A registered medical practitioner must not write a chart instruction on a residential medication chart unless—

(a)in the case of a Schedule 4 poison or a Schedule 8 poison—

(i)the instruction is for the medical treatment of a person other than the practitioner; and

(ii)that person is—

(A)under the practitioner's care; and

(B)named in the instruction; and

(iii)the practitioner has taken all reasonable steps to ensure a therapeutic need exists for that poison; and

(iv)the instruction is given not merely for the purpose of supporting the drug dependence of a person; and

(b)in the case of a Schedule 4 poison that is a drug of dependence, or a Schedule 8 poison, the practitioner has taken all reasonable steps to ascertain the identity of the person for whose treatment the instruction is given; and

(c)in the case of a Schedule 8 poison, the residential medication chart is an electronic medication chart.

Penalty:100 penalty units.

Note

This regulation prohibits a medical practitioner from writing a chart instruction on a residential medication chart for a Schedule 8 poison if the residential medication chart is in paper form.".

9When dentist may write chart instruction on hospital medication chart

(1)In the heading to regulation 31 of the Principal Regulations, after "instruction" insert "on hospital medication chart".

(2)In regulation 31(1) of the Principal Regulations, after "methadone" insert "on a hospital medication chart".

(3)In regulation 31(2) of the Principal Regulations—

(a)omit "or residential medication chart";

(b)in paragraph (d), for "written" substitute "given".

10New regulation 31A inserted

After regulation 31 of the Principal Regulations insert—

"31A   When dentist may write chart instruction on residential medication chart

(1)A dentist must not write a chart instruction for methadone on a residential medication chart.

Penalty:100 penalty units.

(2)A dentist must not write a chart instruction on a residential medication chart unless—

(a)in the case of a Schedule 4 poison or a Schedule 8 poison—

(i)the instruction is for the dental treatment of a person other than the dentist; and

(ii)that person is—

(A)under the dentist's care; and

(B)named in the instruction; and

(iii)the dentist has taken all reasonable steps to ensure a therapeutic need exists for that poison; and

(iv)the instruction is given not merely for the purpose of supporting the drug dependence of a person; and

(b)in the case of a Schedule 4 poison that is a drug of dependence, or a Schedule 8 poison, the dentist has taken all reasonable steps to ascertain the identity of the person for whose treatment the instruction is given; and

(c)in the case of a Schedule 8 poison, the residential medication chart is an electronic medication chart.

Penalty:100 penalty units.

Note

This regulation prohibits a dentist from writing a chart instruction on a residential medication chart for a Schedule 8 poison if the residential medication chart is in paper form.".

11When nurse practitioner may write chart instruction on hospital medication chart

(1)In the heading to regulation 32 of the Principal Regulations, after "instruction" insert "on hospital medication chart".

(2)In regulation 32 of the Principal Regulations omit "or residential medication chart".

12New regulation 32A inserted

After regulation 32 of the Principal Regulations insert—

"32A   When nurse practitioner may write chart instruction on residential medication chart

A nurse practitioner must not write a chart instruction on a residential medication chart unless—

(a)in the case of a Schedule 4 poison or a Schedule 8 poison—

(i)the instruction is for the treatment of a person other than the nurse practitioner; and

(ii)that person is—

(A)under the nurse practitioner's care; and

(B)named in the instruction; and

(iii)the nurse practitioner has taken all reasonable steps to ensure a therapeutic need exists for that poison; and

(iv)the instruction is given not merely for the purpose of supporting the drug dependence of a person; and

(b)in the case of a Schedule 4 poison that is a drug of dependence, or a Schedule 8 poison, the nurse practitioner has taken all reasonable steps to ascertain the identity of the person for whose treatment the instruction is given; and

(c)in the case of a Schedule 8 poison, the residential medication chart is an electronic medication chart.

Penalty:100 penalty units.

Note

This regulation prohibits a nurse practitioner from writing a chart instruction on a residential medication chart for a Schedule 8 poison if the residential medication chart is in paper form.".

13Sale or supply of Schedule 8 poison by pharmacist

After regulation 48(1)(c) of the Principal Regulations insert—

"(ca)subject to regulation 55A, sale or supply to a resident in accordance with a chart instruction given on a residential medication chart that is an electronic medication chart; or".

14New regulation 55A inserted

After regulation 55 of the Principal Regulations insert—

"55A   Sale or supply of Schedule 8 poison in accordance with residential medication chart that is an electronic medication chart

For the purposes of regulation 48(1)(ca), a pharmacist may supply a Schedule 8 poison to a resident in accordance with a chart instruction given on a residential medication chart that is an electronic medication chart, if the pharmacist has seen the material that, under regulation 45(2) of the Commonwealth Regulations, an approved supplier must see before supplying a pharmaceutical benefit on a medication chart prescription.".

15Pharmacist must mark residential medication chart after supplying Schedule 4 or 8 poison on chart instruction

(1)In the heading to regulation 62 of the Principal Regulations, after "4" insert "or 8".

(2)In regulation 62 of the Principal Regulations, after "Schedule 4 poison" insert "or Schedule 8 poison".

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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 and 15/2020.

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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 2020 is $165.22.

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.