Drugs, Poisons and Controlled Substances (Optometrists) Regulations 1998 (Vic)

Drugs, Poisons and Controlled Substances

(Optometrists) Regulations 1998

S.R. No. 132/1998

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provisions	1
3.	Principal Regulations	1
4.	Definitions	2
5.	Possession of drugs	2
6.	Insertion of new regulation 8A	2
8A. Therapeutic need to be determined—authorised

optometrists 2

7.	Notification of fraudulently obtaining of drugs and poisons	3
8.	Pharmacist supply of poisons authorised from within Victoria	3
9.	Optometrists authorised to write Schedule 4 prescriptions	3
10.	Style and required particulars for prescriptions	3
11.	Labelling of containers of drugs	4
12.	Administration of drugs and poisons in health services	4
13.	Administration of drugs and poisons to be authorised	4
14.	Self administration of drugs and poisons	5

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NOTES 6

i

STATUTORY RULES 1998

S.R. No. 132/1998

Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances

(Optometrists) Regulations 1998

The Governor in Council makes the following Regulations:
Dated: 27 October 1998

Responsible Minister:

ROB KNOWLES

Minister for Health

SHARNE BRYAN

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to amend the
Drugs, Poisons and Controlled Substances
Regulations 19951 to provide for the obtaining
and the possession, use, sale and supply of certain

Schedule 4 poisons by qualified optometrists.

2. Authorising provisions

These Regulations are made under sections 129,
130 and 132 of the Drugs, Poisons and

Controlled Substances Act 1981.

3. Principal Regulations

In these Regulations the Drugs, Poisons and
Controlled Substances Regulations 19952 are
called the Principal Regulations.

Drugs, Poisons and Controlled Substances (Optometrists)
Regulations 1998

r. 4 S.R. No. 132/1998

4. Definitions

In regulation 4 of the Principal Regulations—

(a) after the definition of "approved" insert— ' "authorised optometrist" means a

registered optometrist whose registration is endorsed under section 11 of the Optometrists

Registration Act 1996;'; and

(b) the definition of "optometrist" is revoked.

5. Possession of drugs

In the table to regulation 5(1) of the Principal

Regulations—

(a)	in Column 1 of Part 1, in item 4, for "or dentist," substitute ", dentist or authorised optometrist"; and
(b)	in Column 1 of Part 2, in item 8, for "An optometrist" substitute "A registered optometrist"; and

(c) in Column 2 of Part 2, in item 8—

(i)  after "required", omit "for use in the eyes of patients"; and

(ii)  after "profession", insert "for use in the eyes of patients".

6. Insertion of new regulation 8A

After regulation 8 of the Principal Regulations
insert—

"8A. Therapeutic need to be determined—

authorised optometrists

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

Drugs, Poisons and Controlled Substances (Optometrists)

Regulations 1998

S.R. No. 132/1998 r. 7

(a)	that poison is for the ocular treatment of a person under his or her care; and
(b)	the optometrist has taken all reasonable steps to ensure a therapeutic need exists for that poison.

Penalty: 100 penalty units.".

7.  Notification of fraudulently obtaining of drugs and poisons

In regulation 11 of the Principal Regulations, for
"or dentist" substitute ", dentist or authorised
optometrist".

8.  Pharmacist supply of poisons authorised from within Victoria

In regulation 12(1)(b) of the Principal Regulations, for "or veterinary surgeon" substitute ", veterinary surgeon or authorised optometrist".

9.  Optometrists authorised to write Schedule 4 prescriptions

In regulation 22 of the Principal Regulations—

(a)

in sub-regulation (1), for "or dentist" optometrist";

(b)

in sub-regulation (2), for "or dentist" optometrist".

10. Style and required particulars for prescriptions

In regulation 23 of the Principal Regulations—

(a) in sub-regulation (3)(g)(ii), after "dentist" insert ", authorised optometrist";

Drugs, Poisons and Controlled Substances (Optometrists)
Regulations 1998

r. 11 S.R. No. 132/1998

(b) after sub-regulation (6) insert— "(7) An authorised optometrist must not

direct that a prescription for a than once.

Penalty: 50 penalty units.".

11. Labelling of containers of drugs

In regulation 26 of the Principal Regulations—

(a) in sub-regulation (1), for "medical or dental treatment of a specific person" substitute "treatment of a specific person";

(b) in sub-regulation (2)—

(i)

in paragraph (b), for "or veterinary surgeon or authorised optometrist";

(ii)

in paragraph (c), for "or nurse" optometrist".

12.  Administration of drugs and poisons in health services

In regulation 45(1) of the Principal Regulations, after "dentist" insert ", authorised optometrist".

13. Administration of drugs and poisons to be authorised

In regulation 46 of the Principal Regulations—

(a) in sub-regulation (1)—

(i)  for "or dentist" substitute ", dentist or authorised optometrist";

(ii)  for "legibly and durably in writing" substitute "in writing in a legible and durable form";

Drugs, Poisons and Controlled Substances (Optometrists)

Regulations 1998

S.R. No. 132/1998 r. 14

(b)

in sub-regulation (2), for "or dentist" optometrist";

(c) in sub-regulation (4)—

(i)

in paragraph (a), for "or dentist" optometrist";

(ii)

in paragraph (b) for "or dentist" optometrist".

14. Self administration of drugs and poisons

In regulation 47 of the Principal Regulations, in paragraph (a), for "or dentist" substitute ", dentist or authorised optometrist".

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Drugs, Poisons and Controlled Substances (Optometrists)
Regulations 1998

Notes S.R. No. 132/1998

NOTES

1 Reg. 1: S.R. No. 63/1995 as amended by S.R. Nos 20/1996, 47/1996,

81/1996, 26/1997 and 75/1997.

2 Reg. 3: See note 1.