Health Regulations Amendment (Medicines and Poisons) Regulations 2024 (WA)
Western Australia
Health (Miscellaneous Provisions) Act 1911 Medicines and Poisons Act 2014
Western Australia
Health (Miscellaneous Provisions) Act 1911 Medicines and Poisons Act 2014
Made by the Governor in Executive Council.
These regulations are the
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published on the WA legislation website (
publication day );(b) regulation 10 — on the day after the period of 6 months beginning on the day after publication day;
(c) the rest of the regulations — on the day after publication day.
This Part amends the
(1) In regulation 3(1) insert in alphabetical order:
Note for this definition:
See also regulation 7A.
(2) In regulation 3(1) in the definition of
residential care chart delete paragraph (b) and insert:(b) a medication chart as defined in the
National Health (Pharmaceutical Benefits) Regulations 2017 (Commonwealth) regulation 41(4);
In the heading to Part 2 delete “
At the end of Part 2 insert:
For the purposes of the definition of
After regulation 10(1)(a)(iii) insert:
(iiia) if the document is for the supply of a medicine that is a Schedule 4 poison and is not for veterinary use — the date of birth of the patient (unless the supplier otherwise verifies the date of birth of the patient when the medicine is supplied);
In regulation 11(1)(b)(ii) and (c)(ii) after “signed” insert:
in ink
Delete regulations 12 to 14 and insert:
For the purposes of paragraph (c) of the definition of
(a) all the details required by the chart about the patient and the medicine have been completed;
(b) for a medication chart completed in hard copy form — the prescriber has, in ink, signed and dated each entry in the chart about the medicine;
(c) for a medication chart completed in electronic form — the prescriber has completed the chart using an approved electronic prescribing system.
For the purposes of paragraph (c) of the definition of
(a) all the details required by the chart about the patient and the medicine have been completed;
(b) for a medication chart completed in hard copy form — the prescriber has, in ink, written, signed and dated an authorisation for the medicine to be dispensed when the patient is discharged;
(c) for a medication chart completed in electronic form —
(i) the prescriber has electronically recorded on the chart an authorisation for the medicine to be dispensed when the patient is discharged; and
(ii) the prescriber has completed the chart using an approved electronic prescribing system.
(1) For the purposes of paragraph (c) of the definition of
prescription in section 7(1), a document issued for the purpose of supplying a medicine that is a Schedule 4 poison for the use of a person who is a care recipient in a residential care facility can only be in the form of a residential care chart if the chart meets the following requirements —(a) for a residential care chart completed in hard copy form —
(i) all the details required by the chart about the person and the medicine have been completed in ink; and
(ii) each entry in the chart about the medicine has been completed in ink; and
(iii) the prescriber has, in ink, signed and dated each entry in the chart about the medicine;
(b) for a residential care chart completed in electronic form —
(i) all the details required by the chart about the person and the medicine have been completed; and
(ii) the prescriber has completed the chart using an approved electronic prescribing system.
(2) For the purposes of paragraph (c) of the definition of
prescription in section 7(1), a document issued for the purpose of supplying a medicine that is a Schedule 8 poison for the use of a person who is a care recipient in a residential care facility can only be in the form of a residential care chart if the chart meets the following requirements —(a) all the details required by the chart about the patient and the medicine have been completed;
(b) the prescriber has completed the chart using an approved electronic prescribing system.
10. Part 4 Division 4 inserted
At the end of Part 4 insert:
(1) In this regulation —
(a) operated by or on behalf of the Department; and
(b) used to monitor the dispensing and prescribing of relevant medicines;
(2) This regulation applies to a relevant health professional who dispenses or prescribes a relevant medicine to a patient.
(3) Before dispensing or prescribing the medicine, the health professional must register with a real‑time prescription monitoring system.
Penalty for this subregulation: a fine of $1 000.
In regulation 23(1):
(a) in paragraph (e) delete “poison —” and insert:
poison not issued using an approved electronic prescribing system —
(b) in paragraph (e)(ii) delete “with the approval of the CEO,”.
After regulation 24(3) insert:
(4) This regulation does not apply to a prescription for the supply of a medicine that is a Schedule 4 or 8 poison if that prescription is issued using an approved electronic prescribing system.
In regulation 37 delete the definitions of:
In regulation 80(2)(a) after “signed” insert:
in ink
Delete the heading to Part 11 and insert:
(1) In regulation 114 delete the definition of “
cannabis‑based produc t ”.(2) In regulation 114 in the definition of
prescribing code delete “Schedule 8 ” and insert:
In regulation 115 delete “Schedule 8” and insert:
Schedule 4 reportable poison or a Schedule 8
In regulation 116(2):
(a) delete “Schedule 8” and insert:
Schedule 4 reportable poison or a Schedule 8
(b) in paragraph (a) delete “a cannabis‑based product or”;
(c) delete paragraph (b).
Note: The heading to amended regulation 116 is to read:
Delete Part 11 Division 3.
(1) In regulation 125 delete the definitions of:
(2) In regulation 125 in the definition of
stimulant prescriber delete “designated as a stimulant prescriber” and insert:
or a person within a class of medical practitioners designated
(1) Delete regulation 126(2) and insert:
(2) If a medical practitioner has prescribed or supplied a stimulant for the treatment of a patient, an authorised health professional is authorised to prescribe or supply the stimulant for the continued treatment of the patient with the stimulant if —
(a) the patient is under regular treatment with the stimulant by the medical practitioner; and
(b) the medical practitioner has not made a notification under regulation 130(1A) in relation to the patient’s treatment with the stimulant; and
(c) the health professional’s prescription or supply of the stimulant is in accordance with the requirements for the stimulant set out in the prescribing code; and
(d) the health professional’s prescription or supply of the stimulant —
(i) is in accordance with a written instruction from the medical practitioner to the health professional; or
(ii) is consistent with the form and dosage of the stimulant previously prescribed or supplied by the medical practitioner for the treatment of the patient.
(2) In regulation 126(3):
(a) in paragraph (a) delete “has previously been treated using stimulants; and” and insert:
is under regular treatment with the stimulant; and
(b) in paragraph (b) delete “previous”.
22. Regulation 128 amended (1) Delete regulation 128(1) and insert:
(1) The CEO may designate —
(a) a medical practitioner as a stimulant prescriber; or
(b) a class of medical practitioners, and each person within that class is a stimulant prescriber.
(2) After regulation 128(2) insert:
(3) A designation under subregulation (1)(b), and any amendment, suspension or revocation under subregulation (2)(c), must be published as soon as is practicable on the Department’s website.
Delete regulation 129.
(1) Delete regulation 130(1) and insert:
(1) This regulation applies if a medical practitioner —
(a) stops the treatment of a patient with a stimulant; and
(b) considers that an authorisation under regulation 118 would be required to continue the treatment of the patient with the stimulant.
(1A) The medical practitioner must notify the CEO as soon as is practicable in accordance with subregulation (2).
(2) In regulation 130(2):
(a) in paragraph (b) delete “stimulant.” and insert:
stimulant;
(b) after paragraph (b) insert:
(c) the reason the medical practitioner stopped the treatment of the patient with the stimulant.
Note: The heading to amended regulation 130 is to read:
Delete regulations 131 and 132.
In regulation 143(1):
(a) in paragraph (e) delete “a Schedule 8 poison”;
(b) in paragraph (f) delete “Schedule 8” and insert:
Schedule 4 reportable poison or a Schedule 8
In regulation 143A(1)(c)(ii) delete “if the medicine is a Schedule 8 poison —”.
In regulation 155 in the Table delete item 11.
After Schedule 5 insert:
[r. 7A]
1. | All benzodiazepines as specified in the current Poisons Standard Schedule 4 |
2. | All benzodiazepine derivatives as specified in the current Poisons Standard Schedule 4 |
3. | Codeine as specified in the current Poisons Standard Schedule 4 |
4. | Gabapentin |
5. | Pregabalin |
6. | Quetiapine |
7. | Tramadol |
8. | Zolpidem |
9. | Zopiclone |
This Part amends the
In regulation 3 delete the definitions of:
In regulation 7(2) delete “who, at the time the notification is received, has a current stimulant prescriber or a current stimulant clinic.” and insert:
who has been prescribed or supplied a stimulant under the
Delete regulation 8(b) and insert:
(b) is to a medical practitioner or authorised health professional who —
(i) is authorised under the
Medicines and Poisons Regulations 2016 regulation 126 to prescribe or supply a stimulant for the treatment of the person to whom the information relates; and(ii) has prescribed or supplied the stimulant to the person.
K. COLLERAN, Clerk of the Executive Council
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