Drugs, Poisons and Controlled Substances (Health Professions Amendment) Regulations 2007 (Vic)

Drugs, Poisons and Controlled Substances (Health Professions Amendment) Regulations 2007

S.R. No. 63/2007

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

6Possession of Schedule 4 poisons, Schedule 8 poisons and Schedule 9 poisons

7Approval of Schedule 4 poisons and Schedule 8 poisons

6Approval of Schedule 4 poisons and Schedule 8
poisons

8Therapeutic need to be determined—authorised podiatrists

11ATherapeutic need to be determined—authorised podiatrists

9Notification of fraudulent obtaining of drugs or poisons

10Pharmacist administration, sale or supply authorised from
within Victoria

11Pharmacist administration, sale or supply authorised from
outside Victoria

12Persons authorised to write prescriptions

13Style and required particulars for prescriptions

14Emergency directions to pharmacists regarding supply

15Containers of drugs to be labelled with certain details

16General security requirement—Schedule 4 poisons

17Persons required to keep records

18Details to be contained in records

19Use of drugs and poisons restricted to person or animal for
whom they were supplied

20Administration of drugs and poisons to be authorised

21Administration of drugs and poisons by a nurse

22Self administration of drugs and poisons restricted

23Exceptions

24Prescribed poisons for categories of nurse practitioner

25New Regulations 60A and 60B inserted

60ATherapeutic need to be determined—authorised optometrists

60BTherapeutic need to be determined—authorised podiatrists

26Therapeutic need to be determined—pharmacists

27Requirements to supply

28Lost or stolen poisons to be notified

29Schedule 3 revoked

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ENDNOTES

STATUTORY RULES 2007

S.R. No. 63/2007

Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances (Health Professions Amendment) Regulations 2007

The Governor in Council makes the following Regulations:

Dated: 26 June 2007

Responsible Minister:

BRONWYN PIKE
Minister for Health

RUTH LEACH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Drugs, Poisons and Controlled Substances Regulations 2006 consequential on the Health Professions Registration Act 2005.

2Authorising provisions

These Regulations are made under sections 129, 131, 132 and 132B of the Drugs, Poisons and Controlled Substances Act 1981.

3Commencement

These Regulations come into operation on 1 July 2007.

4Principal Regulations

In these Regulations, the Drugs, Poisons and Controlled Substances Regulations 2006[1] are called the Principal Regulations.

5Definitions

(1)In regulation 4 of the Principal Regulations—

(a)in the definition of authorised optometrist, for "section 11 of the Optometrists Registration Act 1996" substitute "section 23 of the Health Professions Registration Act 2005";

(b)in the definition of nurse—

(i)in paragraph (a), for "of nurses established under the Nurses Act1993" substitute "kept by the Nurses Board of Victoria under section 30 of the Health Professions Registration Act 2005";

(ii)in paragraph (b), for "8C" substitute "22";

(c)in the definition of pharmacy, for "Pharmacy Practice Act 2004" substitute "Health Professions Registration Act 2005";

(d)in the definition of pharmacy business, for "Pharmacy Practice Act 2004" substitute "Health Professions Registration Act 2005";

(e)in the definition of pharmacy department, for "Pharmacy Practice Act 2004" substitute "Health Professions Registration Act 2005";

(f)the definition of podiatrist is revoked;

(g)for the definition of registered dental auxiliary substitute—

"registered dental hygienist means a person who is registered in the division of dental hygienists of the register kept by the Dental Practice Board of Victoria under section 30 of the Health Professions Registration Act 2005;

registered dental therapist means a person who is registered in the division of dental therapists of the register kept by the Dental Practice Board of Victoria under section 30 of the Health Professions Registration Act 2005;".

(2)In regulation 4 of the Principal Regulations, insert the following definition—

"authorised podiatrist means a registered podiatrist whose registration is endorsed under section 24 of the Health Professions Registration Act 2005;".

6Possession of Schedule 4 poisons, Schedule 8 poisons and Schedule 9 poisons

(1)In paragraph (e) in item 2 in Column 2 of the Table in regulation 5(1) of the Principal Regulations, for "optometrist." substitute "optometrist; or".

(2)After paragraph (e) in item 2 in Column 2 of the Table in regulation 5(1) of the Principal Regulations insert—

"(f)in the case of a Schedule 4 poison specified in his or her endorsement of registration, an authorised podiatrist.".

(3)After item 6 in the Table in regulation 5(1) of the Principal Regulations insert—

"6A A person for whom a Schedule 4 poison has been supplied in accordance with the Act and these Regulations by an authorised podiatrist whose endorsement of registration specifies that Schedule 4 poison. That Schedule 4 poison to the extent and for the purpose for which it is supplied.".

(4)In item 15 in Column 1 of the Table in regulation 5(1) of the Principal Regulations, after "A" insert "registered".

(5)For item 20 in the Table in regulation 5(1) of the Principal Regulations substitute—

"20 A registered dental hygienist or registered dental therapist. Those Schedule 4 poisons approved by the Secretary that are required for the provision of dental care by the registered dental hygienist or registered dental therapist.".

(6)In regulation 5 of the Principal Regulations—

(a)in subregulation (2)(a)(iii), after "authorised optometrist" insert "or an authorised podiatrist";

(b)in subregulation (3)(c), after "authorised optometrist" insert "or an authorised podiatrist";

(c)in subregulation (4)(b), for "or authorised optometrist" substitute ", an authorised optometrist or an authorised podiatrist".

7Approval of Schedule 4 poisons and Schedule 8 poisons

For regulation 6 of the Principal Regulations substitute—

"6   Approval of Schedule 4 poisons and Schedule 8 poisons

The Secretary may approve Schedule 4 poisons or Schedule 8 poisons or classes of Schedule 4 poisons or Schedule 8 poisons for possession and use by a person or class of persons specified in an item in Column 1 of Part 2 of the table in regulation 5 to the extent specified in column 2 of the item applicable to that person or class of person.".

8Therapeutic need to be determined—authorised podiatrists

After regulation 11 of the Principal Regulations insert—

"11A   Therapeutic need to be determined—authorised podiatrists

An authorised podiatrist must not administer, prescribe, sell or supply a Schedule 4 poison unless—

(a)that poison is for the podiatric treatment of a person under his or her care; and

(b)the podiatrist has taken all reasonable steps to ensure a therapeutic need exists for that poison.

Penalty:100 penalty units.".

9Notification of fraudulent obtaining of drugs or poisons

After regulation 14(3) of the Principal Regulations insert—

"(4)An authorised podiatrist who suspects or has reason to believe that a person has obtained from him or her by means of a false pretence, a Schedule 4 poison or an order or prescription for a Schedule 4 poison, must immediately inform the Secretary and a member of the Victoria Police of that suspicion or belief.

Penalty:50 penalty units.".

10Pharmacist administration, sale or supply authorised from within Victoria

(1)In regulation 15(1)(b)(iii) of the Principal Regulations, after "authorised optometrist" insert  "or an authorised podiatrist".

(2)In regulation 15(1)(e)(ii) of the Principal Regulations, after "authorised optometrist" insert "or an authorised podiatrist".

11Pharmacist administration, sale or supply authorised from outside Victoria

In regulation 17(a) of the Principal Regulations, for "dentistry or optometry" substitute "dentistry, optometry or podiatry".

12Persons authorised to write prescriptions

(1)In regulation 25(3) of the Principal Regulations, for "or authorised optometrist" substitute ", an authorised optometrist or an authorised podiatrist".

(2)In regulation 25(6) of the Principal Regulations, after "authorised optometrist" insert "or an authorised podiatrist".

13Style and required particulars for prescriptions

In regulation 26(3)(g)(ii) of the Principal Regulations, after "authorised optometrist" insert ", authorised podiatrist".

14Emergency directions to pharmacists regarding supply

(1)In regulation 27(3) of the Principal Regulations—

(a)after "an authorised optometrist" insert "or an authorised podiatrist";

(b)after "the authorised optometrist" insert "or the authorised podiatrist".

(2)In regulation 27(4) of the Principal Regulations, for "or authorised optometrist" substitute ", an authorised optometrist or an authorised podiatrist".

15Containers of drugs to be labelled with certain details

(1)In regulation 29(2)(c) of the Principal Regulations, after "authorised optometrist" insert ", authorised podiatrist".

(2)In regulation 29(4)(b) of the Principal Regulations, after "authorised optometrist" insert ", authorised podiatrist".

(3)In regulation 29(5) of the Principal Regulations, after "An authorised optometrist" insert "or an authorised podiatrist".

(4)In regulation 29(6) of the Principal Regulations—

(a)after "An authorised optometrist" insert "or an authorised podiatrist";

(b)in paragraph (a), after "authorised optometrist" insert "or authorised podiatrist";

(c)in paragraph (b), for "authorised optometrist" substitute "an authorised optometrist, an authorised podiatrist".

16General security requirement—Schedule 4 poisons

(1)In regulation 34(2)(b) of the Principal Regulations, for "authorised optometrist or" substitute "an authorised optometrist, an authorised podiatrist or".

(2)In regulation 34(3) of the Principal Regulations, for "or authorised optometrist" (wherever occurring) substitute ", an authorised optometrist or an authorised podiatrist".

(3)In regulation 34(4)(a) of the Principal Regulations, for "and authorised optometrist" substitute ", an authorised optometrist and an authorised podiatrist".

17Persons required to keep records

In regulation 39(a) of the Principal Regulations, for "and authorised optometrist" substitute ", an authorised optometrist and an authorised podiatrist".

18Details to be contained in records

(1)After regulation 40(1)(g) of the Principal Regulations insert—

"(ga)in the case of a Schedule 8 poison listed in the health services permit held by an ambulance service within the meaning of the Ambulance Services Act 1986 which has been destroyed by an operational staff member within the meaning of that Act in accordance with regulation 51(4A)(a), the matters set out in regulation 51(4A)(b); and".

(2)In regulation 40(2) of the Principal Regulations, for "or authorised optometrist" substitute ", an authorised optometrist or an authorised podiatrist".

19Use of drugs and poisons restricted to person or animal for whom they were supplied

In regulation 45(3) of the Principal Regulations, after "authorised optometrist" insert "or an authorised podiatrist".

20Administration of drugs and poisons to be authorised

(1)In regulation 46(3) of the Principal Regulations, after "authorised optometrist" insert "or an authorised podiatrist".

(2)In regulation 46(6) of the Principal Regulations, after "authorised optometrist" insert "or an authorised podiatrist".

21Administration of drugs and poisons by a nurse

(1)In regulation 47(3)(a) and (b) of the Principal Regulations, for "or authorised optometrist" (wherever occurring) substitute ", an authorised optometrist or an authorised podiatrist".

(2)For regulation 47(3)(c) of the Principal Regulations substitute—

"(c)on the oral instruction of a registered medical practitioner, dentist, nurse practitioner, an authorised optometrist or an authorised podiatrist to the nurse, if in the opinion of the registered medical practitioner, dentist, nurse practitioner, authorised optometrist or authorised podiatrist, an emergency exists; or".

(3)In regulation 47(4) of the Principal Regulations, for "or authorised optometrist" substitute ", an authorised optometrist or an authorised podiatrist".

22Self administration of drugs and poisons restricted

For regulation 48(c) of the Principal Regulations, substitute—

"(c)in the case of a Schedule 4 poison—

(i)is a patient for whom—

(A)a registered medical practitioner, dentist or nurse practitioner; or

(B)an authorised optometrist or an authorised podiatrist (in accordance with the endorsement of his or her registration)—

has prescribed that poison; and

(ii)is not the registered medical practitioner, dentist, nurse practitioner, authorised optometrist or authorised podiatrist who prescribed that poison; and".

23Exceptions

(1)After regulation 51(4) of the Principal Regulations insert—

"(4A)Subject to subregulation (5), regulation 50 does not apply to the unused contents of a previously sterile container containing a Schedule 8 poison listed in the health services permit held by an ambulance service within the meaning of the Ambulance Services Act 1986 that are not required for administration to a patient if—

(a)those contents are destroyed by an operational staff member (within the meaning of that Act) of that ambulance service; and

(b)the details of the destruction are recorded in the records required to be kept under regulation 40, including—  

(i)the name, strength and quantity of the poison or controlled substances destroyed; and

(ii)the method and place of destruction; and

(iii)the name of the person carrying out the destruction.".

(2)In regulation 51(5) of the Principal Regulations, for "(3) or (4)" substitute "(3), (4) or (4A)".

24Prescribed poisons for categories of nurse practitioner

Part 3 of the Principal Regulations is revoked.

25New Regulations 60A and 60B inserted

After regulation 60 of the Principal Regulations insert—

"60A   Therapeutic need to be determined—authorised optometrists

An authorised optometrist must not administer, prescribe, sell or supply a Schedule 3 poison unless—

(a)that poison is for the ocular treatment of a person under his or her care; and

(b)he or she has taken all reasonable steps to ensure a therapeutic need exists for that poison.

Penalty:50 penalty units.

60BTherapeutic need to be determined—authorised podiatrists

An authorised podiatrist must not administer, prescribe, sell or supply a Schedule 3 poison unless—

(a)that poison is for the podiatric treatment of a person under his or her care; and

(b)he or she has taken all reasonable steps to ensure a therapeutic need exists for that poison.

Penalty:50 penalty units.".

26Therapeutic need to be determined—pharmacists

In regulation 61(b) of the Principal Regulations, after "dentist" insert ", an authorised optometrist, an authorised podiatrist".

27Requirements to supply

(1)In regulation 63(1) of the Principal Regulations, for "or nurse practitioner" substitute ", nurse practitioner, an authorised optometrist or an authorised podiatrist".

(2)In regulation 63(3) of the Principal Regulations, for "or nurse practitioner" substitute ", nurse practitioner, an authorised optometrist or an authorised podiatrist".

28Lost or stolen poisons to be notified

In regulation 70(2)(a) of the Principal Regulations, for "and an authorised optometrist" substitute ", an authorised optometrist and an authorised podiatrist".

29Schedule 3 revoked

Schedule 3 to the Principal Regulations is revoked.

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ENDNOTES

[1] Reg. 4: S.R. No. 57/2006.