Health Legislation Amendment Regulation (No. 2) 2012 (Qld)

Health Legislation Amendment Regulation (No. 2) 2012

Queensland Health Legislation Amendment Regulation (No. 2) 2012 Subordinate Legislation 2012 No. 208 made under the FoodAct2006 HealthAct1937 PublicHealthAct2005 Contents Part 1 1 2 Part 2 3 4 5 Part 3 6 7 8 9 10 11 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Food Regulation 2006 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 3 (Sale of prescribed food—Act, s 48) . . . . . . . 3 Amendment of s 4 (Display of licence details by mobile premises—Act, s 69) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Health (Drugs and Poisons) Regulation 1996 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 7 (Application of interpretation provisions in current Poisons Standard to regulation) . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 12 (Certain containers not to be used) . . . . . . . 4 Replacement of s 17 (Applications—form and fee) . . . . . . . . . . . 5 17 Approved form and fee . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 20F (Time for deciding applications for operating approvals). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 59 (Hospitals) . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Health Legislation Amendment Regulation (No. 2) 2012 Contents 12 13 14 15 16 17 Part 4 18 19 20 21 22 23 24 25 Amendment of s 186 (Acitretin, etretinate, isotretinoin and tretinoin) ....................................... Amendment of s 200 (Authorised persons to obtain restricted drugs on purchase order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 213 (Approval needed for treating certain drug dependent persons with restricted drugs of dependency) . . . . . . Amendment of s 256A (Particular individuals who provide child care or education and care) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of appendix 2 hdg (Application fees for licences). . . Amendment of appendix 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . Amendment of Public Health Regulation 2005 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 2K (Purpose of div 2) . . . . . . . . . . . . . . . . . . . . Amendment of s 2R (Purpose of div 3) . . . . . . . . . . . . . . . . . . . . Amendment of s 12C (Requirements for vaccination—Act, s 158, definition vaccinated) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 12E (Prescribed period for a contagious condition—Act, s 160) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 20 (Human research ethics committee—Act, sch 2, definition human research ethics committee) . . . . . . . . . . Amendment of sch 2A (Contagious conditions) . . . . . . . . . . . . . . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 6 6 6 7 7 7 7 8 8 8 8 17 Page 2 2012 SL No. 208

Part 1 Health Legislation Amendment Regulation (No. 2) 2012 Part 1 Preliminary [s 1] Preliminary 1 Short title This regulation may be cited as the Health Legislation Amendment Regulation (No. 2) 2012 . 2 Commencement Part 4, other than sections 19, 20, 21, and 23 commences immediately after the commencement of the HealthLegislation Amendment Act 2011 , sections 52 to 63. Part 2 Amendment of Food Regulation 2006 3 Regulation amended This part amends the Food Regulation 2006. 4 Amendment of s 3 (Sale of prescribed food—Act, s 48) Section 3, ‘section 48(2)(l)’— omit, insert— ‘section 48(2)(k)’. 5 Amendment of s 4 (Display of licence details by mobile premises—Act, s 69) (1) Section 4(e), from ‘is a vehicle under the Transport ’ to ‘ Editor’s note — ’— omit, insert— 2012 SL No. 208 Page 3

Health Legislation Amendment Regulation (No. 2) 2012 Part 3 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 6] ‘are a vehicle, under the TransportOperations(RoadUseManagement) Act 1995 , that is required to be registered under that Act—the registration number of the vehicle. Note — ’. (2) Section 4— insert— ‘(f) if the premises are a food vending machine— (i) the serial number for the food vending machine; or (ii) other unique identifying number or mark for the food vending machine.’. Part 3 Amendment of Health (Drugs and Poisons) Regulation 1996 6 Regulation amended This part amends the Health(DrugsandPoisons)Regulation 1996. 7 Amendment of s 7 (Application of interpretation provisions in current Poisons Standard to regulation) Section 7(4), example, ‘ Also, paragraph 1(2)(g), (h) and (i) ’— omit, insert— ‘ Also, paragraph 1(2)(h) and (i) of the current Poisons Standard ’. 8 Amendment of s 12 (Certain containers not to be used) Section 12(1), after ‘paragraph 21,’— insert— ‘21a,’. Page 4 2012 SL No. 208

Health Legislation Amendment Regulation (No. 2) 2012 Part 3 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 9] 9 Replacement of s 17 (Applications—form and fee) Section 17— omit, insert— ‘17 Approved form and fee ‘(1) A relevant application must be— (a) in the approved form, if any; and (b) accompanied by any fee for the relevant application prescribed in appendix 2. ‘(2) In this section— relevant application means— (a) an application for, or renewal of, an endorsement; or (b) an application for an amendment of, or the repeal of a decision to suspend or cancel, an endorsement.’. 10 Amendment of s 20F (Time for deciding applications for operating approvals) Section 20F(4), ‘agreed extended period’— omit, insert— ‘agreed extended decision period’. 11 Amendment of s 59 (Hospitals) Section 59(5), ‘In this section— do an authorised thing , at a hospital, means—’— omit, insert— ‘In this section— do an authorised thing , at a hospital, means—’. 12 Amendment of s 186 (Acitretin, etretinate, isotretinoin and tretinoin) (1) Section 186(3)(a), ‘, etretinate or tretinoin’— 2012 SL No. 208 Page 5

Health Legislation Amendment Regulation (No. 2) 2012 Part 3 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 13] omit, insert— ‘or etretinate’. (2) Section 186(3)(b), after ‘isotretinoin’— insert— ‘or tretinoin’. 13 Amendment of s 200 (Authorised persons to obtain restricted drugs on purchase order) Section 200(3)(b), ‘—have’— omit, insert— ‘—must have’. 14 Amendment of s 213 (Approval needed for treating certain drug dependent persons with restricted drugs of dependency) Section 213(8), ‘for subsection (8)’— omit . 15 Amendment of s 256A (Particular individuals who provide child care or education and care) Section 256A(5), definition guardian , paragraph (a), ‘ Editor’s note— ’— omit, insert— ‘ Note— ’. 16 Amendment of appendix 2 hdg (Application fees for licences) Appendix 2, heading, ‘licences’— omit, insert— ‘ endorsements ’. Page 6 2012 SL No. 208

Health Legislation Amendment Regulation (No. 2) 2012 Part 4 Amendment of Public Health Regulation 2005 [s 17] 17 Amendment of appendix 9 (Dictionary) (1) Appendix 9— insert— ‘ ECP means the acronym used by the Queensland Ambulance Service for the expression ‘extended care program.’. (2) Appendix 9, definition criminal history , ‘record’— omit, insert— ‘history’. Part 4 Amendment of Public Health Regulation 2005 18 Regulation amended This part amends the Public Health Regulation 2005. 19 Amendment of s 2K (Purpose of div 2) Section 2K, note, ‘a designated pest’— omit, insert— ‘ designated pests ’. 20 Amendment of s 2R (Purpose of div 3) Section 2R, note, ‘a designated pest’— omit, insert— ‘ designated pests ’. 2012 SL No. 208 Page 7

Health Legislation Amendment Regulation (No. 2) 2012 Part 4 Amendment of Public Health Regulation 2005 [s 21] 21 Amendment of s 12C (Requirements for vaccination—Act, s 158, definition vaccinated ) Section 12C(2), ‘by the Department of Health and Ageing (Cwlth) in November 2005’— omit, insert— ‘, from time to time, by the Department of Health and Ageing (Cwlth)’. 22 Amendment of s 12E (Prescribed period for a contagious condition—Act, s 160) Section 12E(2)(a) and (b)— omit, insert— ‘(a) not having been vaccinated for the condition; and (b) being at risk of contracting the condition if the child continues to attend a school, education and care service or child care service.’. 23 Amendment of s 20 (Human research ethics committee—Act, sch 2, definition human research ethics committee ) Section 20(1), ‘Research Involving Humans, issued by the NHMRC in 1999’— omit, insert— ‘Human Research 2007, issued by the NHMRC in 2007’. 24 Amendment of sch 2A (Contagious conditions) (1) Schedule 2A, parts 1 and 2— omit, insert— Page 8 2012 SL No. 208

‘Part 1 Health Legislation Amendment Regulation (No. 2) 2012 Part 4 Amendment of Public Health Regulation 2005 [s 24] Contagious conditions and prescribed period for contagious condition for child Contagious condition Prescribed period for a contagious condition for a child suspected of having the condition Start of period End of period diphtheria the earlier of the following— (a) onset of symptoms; (b) relevant contact of the child with a person infected with the condition either— (a) if the child has had symptoms—the treating doctor confirms 2 negative throat swabs have been taken from the child— (i) the first swab taken at least 24 hours after the child finishes a course of an appropriate antibiotic; and (ii) the second swab taken at least 24 hours after the first swab; or (b) otherwise—the treating doctor confirms 1 negative throat swab has been taken from the child enterovirus 71 onset of symptoms the treating doctor confirms the virus is no neurological disease longer present in the child’s bowel motions gastroenteritis illness onset of symptoms the child has no symptoms and has not had a loose bowel motion for at least 24 hours or, if a laboratory test confirms a norovirus, for at least 48 hours haemophilus influenzae type b infection (invasive) onset of symptoms the earlier of the following— (a) the treating doctor confirms the child is not infectious after the child has taken 4 days of an appropriate antibiotic; (b) the chief executive advises a parent of the child that the chief executive is satisfied the risk of the child transmitting the contagious condition is low, having regard to— (i) the way the contagious condition is transmitted; and (ii) the nature of the environment at the child’s school, education and care service or child care service 2012 SL No. 208 Page 9

Health Legislation Amendment Regulation (No. 2) 2012 Part 4 Amendment of Public Health Regulation 2005 [s 24] Contagious condition Prescribed period for a contagious condition for a child suspected of having the condition Start of period End of period hepatitis A the earlier of the following— (a) onset of symptoms; (b) the child is diagnosed the earlier of the following— (a) the treating doctor confirms the child is not infectious, but not earlier than 7 days after the onset of jaundice; (b) the chief executive advises a parent of the child that the chief executive is satisfied the risk of the child transmitting the contagious condition is low, having regard to— (i) the way the contagious condition is transmitted; and (ii) the nature of the environment at the child’s school, education and care service or child care service human influenza with the earlier of the either— pandemic potential following— (a) if the child has had symptoms—the (a) onset of treating doctor confirms the child is symptoms; not infectious but not earlier than 5 (b) relevant days after the onset of the symptoms; contact of the or child with a (b) otherwise—7 days after the child’s person infected last contact with a person who is, or is with the suspected of being, infected with the condition condition Page 10 2012 SL No. 208

Health Legislation Amendment Regulation (No. 2) 2012 Part 4 Amendment of Public Health Regulation 2005 [s 24] Contagious condition paratyphoid Prescribed period for a contagious condition for a child suspected of having the condition Start of period End of period the earliest of the either— following— (a) if the child has had symptoms or is (a) onset of diagnosed—the treating doctor symptoms; confirms the child is not infectious (b) the child is after— diagnosed; (i) the child has completed a course (c) relevant of an appropriate antibiotic; and contact of the (ii) at least 48 hours after the course child with a of antibiotics, the child has a person infected negative stool specimen; and with the (iii) at least 1 week after the negative condition stool specimen, the child has another negative stool specimen; or (b) otherwise—the earlier of the following— (i) the treating doctor confirms the child is not infectious after the child has 2 negative stool specimens at least 24 hours apart; (ii) the chief executive advises a parent of the child that the chief executive is satisfied the risk of the child transmitting the contagious condition is low, having regard to— (A) the way the contagious condition is transmitted; and (B) the nature of the environment at the child’s school, education and care service or child care service Page 12 2012 SL No. 208

Health Legislation Amendment Regulation (No. 2) 2012 Part 4 Amendment of Public Health Regulation 2005 [s 24] Contagious condition Prescribed period for a contagious condition for a child suspected of having the condition Start of period End of period pertussis (whooping cough) the earlier of the either— following— (a) if the child has had symptoms—the (a) onset of treating doctor confirms the child is symptoms; not infectious, but not earlier than— (b) relevant (i) 5 days after the child starts a contact of the course of an appropriate child with a antibiotic; or person infected (ii) if the child has an onset of with the paroxysmal coughing caused by condition the condition—14 days after the onset of the coughing; or (iii) otherwise—21 days after the onset of coughing; or (b) otherwise—the earlier of the following— (i) the treating doctor confirms the child is not infectious but not earlier than 14 days after the relevant contact; (ii) the chief executive advises a parent of the child that the chief executive is satisfied the risk of the child transmitting the contagious condition is low, having regard to— (A) the way the contagious condition is transmitted; and (B) the nature of the environment at the child’s school, education and care service or child care service poliomyelitis the earliest of the the chief executive advises a parent of the following— child that the chief executive is satisfied the (a) onset of risk of the child transmitting the contagious symptoms; condition is low, having regard to— (b) the child is (a) the way the contagious condition is diagnosed; transmitted; and (c) relevant (b) the nature of the environment at the contact of the child’s school, education and care child with a service or child care service person infected with the condition 2012 SL No. 208 Page 13

Health Legislation Amendment Regulation (No. 2) 2012 Part 4 Amendment of Public Health Regulation 2005 [s 24] Contagious condition Prescribed period for a contagious condition for a child suspected of having the condition Start of period End of period rubella onset of symptoms 4 days after the onset of the rash caused by the condition tuberculosis onset of symptoms the treating doctor confirms the child is not infectious typhoid the earliest of the either— following— (a) if the child has had symptoms or been (a) onset of diagnosed—the treating doctor symptoms; confirms the child is not infectious (b) the child is after— diagnosed; (i) the child has completed a course (c) relevant of an appropriate antibiotic; and contact of the (ii) at least 48 hours after the course child with a of antibiotics, the child has a person infected negative stool specimen; and with the (iii) at least 1 week after the negative condition stool specimen, the child has another negative stool specimen; or (b) otherwise—the earlier of the following— (i) the treating doctor confirms the child is not infectious after the child has 2 negative stool specimens at least 24 hours apart; (ii) the chief executive advises a parent of the child that the chief executive is satisfied the risk of the child transmitting the contagious condition is low, having regard to— (A) the way the contagious condition is transmitted; and (B) the nature of the environment at the child’s school, education and care service or child care service varicella - zoster virus onset of symptoms all blisters caused by the condition have infection dried, but not earlier than 5 days after the (chickenpox) onset of symptoms Page 14 2012 SL No. 208

‘Part 2 Health Legislation Amendment Regulation (No. 2) 2012 Part 4 Amendment of Public Health Regulation 2005 [s 24] Vaccine preventable condition and prescribed periods for the condition Vaccine preventable condition measles Prescribed period for the condition for a child Start of period End of period the chief executive gives a the earlier of the following— direction there is an outbreak (a) if the child is not of the condition at the vaccinated—the chief school, education and care executive gives a direction service or child care service that the outbreak of the attended by the child condition at the school, education and care service or child care service is over; (b if the child is vaccinated during the outbreak—the chief executive advises a parent of the child that the chief executive is satisfied the risk of the child contracting the contagious condition is low, having regard to— (i) the way the contagious condition is transmitted; and (ii) the nature of the environment at the child’s school, education and care service or child care service 2012 SL No. 208 Page 15

Health Legislation Amendment Regulation (No. 2) 2012 Part 4 Amendment of Public Health Regulation 2005 [s 24] Vaccine preventable condition Prescribed period for the condition for a child Start of period End of period the chief executive gives a the chief executive advises a direction there is an outbreak parent of the child that the chief of the condition in the executive is satisfied the risk of community, if there is a risk the child contracting the of children and staff at the contagious condition is low, school, education and care having regard to— service or child care service (a) the way the contagious attended by the child condition is transmitted; contracting the condition and (b) the nature of the environment at the child’s school, education and care service or child care service’. (2) Schedule 2A, part 3, section 1, definitions at risk child , infectious period and relevant contact — omit . (3) Schedule 2A, part 3, section 1— insert— ‘ confirms means gives written confirmation. relevant contact , of a child for a contagious condition, means— (a) for diphtheria—the child’s first close contact with a person (the infected person ) who is, or is suspected of being, infected with the condition during the period— (i) starting 7 days before the onset of symptoms in the infected person; and (ii) ending when the treating doctor confirms 2 negative throat swabs have been taken from the person at the following times— (A) the first swab taken at least 24 hours after the person finishes a course of an appropriate antibiotic; (B) the second swab taken at least 24 hours after the first swab; or Page 16 2012 SL No. 208

Health Legislation Amendment Regulation (No. 2) 2012 Part 4 Amendment of Public Health Regulation 2005 [s 25] (b) for a contagious condition other than diphtheria—contact with a person who has been diagnosed with the condition while the person is infectious for the condition. symptoms , for a contagious condition, means symptoms of the condition.’. (4) Schedule 2A, part 3, section 1, definition diagnose , ‘ diagnose , a child with a vaccine preventable’— omit, insert— ‘ diagnosed , for a child with a contagious’. 25 Amendment of sch 4 (Dictionary) Schedule 4— insert— ‘ confirms , for schedule 2A, see schedule 2A, part 3, section 1. diagnosed , for schedule 2A, see schedule 2A, part 3, section 1. relevant contact , for schedule 2A, see schedule 2A, part 3, section 1. suspected , for schedule 2A, see schedule 2A, part 3, section 1. symptoms , for schedule 2A, see schedule 2A, part 3, section 1.’. ENDNOTES 1 Made by the Governor in Council on 22 November 2012. 2 Notified in the gazette on 23 November 2012. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is Queensland Health. © State of Queensland 2012 2012 SL No. 208 Page 17