Health Regulations Amendment Regulations 2018 (WA)

GOVERNMENT GAZETTE, WA 13 November 2018

HEALTH

HE 301

Health (Miscellaneous Provisions) Act 1911

Medicines and Poisons Act 2014

Health Regulations Amendment

Regulations 2018

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.   Citation

These regulations are the Health Regulations Amendment

Regulations 2018.

Regulations 1998.

2.   Commencement

These regulations come into operation as follows —

(a)	Part 1 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on 1 December 2018.

Part 2 — Health (Skin Penetration Procedure)

Regulations 1998 amended

3. Regulations amended

This Part amends the Health (Skin Penetration Procedure)

13 November 2018 GOVERNMENT GAZETTE, WA 4429

4.            Regulation 3 amended

In regulation 3 in the definition of nurse delete "and midwifery".

Part 3 - Medicines and Poisons Regulations 2016

amended

5.            Regulations amended

This Part amends the Medicines and Poisons Regulations 2016.

6.            Regulation 3 amended

In regulation 3(1) in the definition of structured administration and supply arrangement (SASA) paragraph (a) delete "an authorised health" and insert:

a health

7.            Regulation 33 amended

(1) In regulation 33(2):

(a)	in paragraph (b)(i) delete "authorised";
(b)	in paragraph (b)(iii) delete "an authorised health" and insert:

a health

(2) In regulation 33(3) delete "authorised".

8.            Regulation 37 amended

(1)	In regulation 37 delete the definitions of:
endorsed midwife
enrolled nurse midwife nurse practitioner paramedic registered nurse
(2)	In regulation 37 insert in alphabetical order:

endorsed midwife

means a person registered under the registration is endorsed under section 94 of that Law;

Health Practitioner Regulation National Law (Western

4430 GOVERNMENT GAZETTE, WA 13 November 2018

enrolled nurse means a person registered under the
Health Practitioner Regulation National Law (Western
Australia) in the nursing profession whose name is
entered on Division 2 of the Register of Nurses kept
under that Law as an enrolled nurse;

medic -

(a) means a person who provides emergency health
services, including ambulance services, in a
location other than a hospital, and who is
covered by one or more of the following -

(i)     the person is employed by a medical practitioner to provide the services;

(ii)     the person is employed, or engaged under a contract for services, by a health organisation to provide the services;

(iii)     the person is under the supervision of a health organisation in respect of the provision of the services;

but

(b) does not include a paramedic;

midwife means a person registered under the Health
Practitioner Regulation National Law (Western
Australia) in the midwifery profession;
nurse practitioner means a person registered under the
Health Practitioner Regulation National Law (Western
Australia) in the nursing profession whose registration
under that Law is endorsed as nurse practitioner;
paramedic means a person registered under the Health
Practitioner Regulation National Law (Western
Australia) in the paramedicine profession;

registered nurse means a person registered under the

Health Practitioner Regulation National Law (Western

Australia) in the nursing profession whose name is

entered on Division 1 of the Register of Nurses kept
under that Law as a registered nurse;

9.            Regulation 38 amended

In regulation 38 delete paragraph (d) and insert:

(d) medics;

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10.         Part 7 Division 9A inserted

After Part 7 Division 9 insert:

Division 9A — Authorisation of medics

62A.	Medic prescribed for s. 25(1)(a)
Medic is prescribed as a class of health professional for the purposes of section 25(1)(a).
62B.	Authorisation of medics
(1)	For the purposes of section 25(1)(b), a medicine that is a Schedule 2 or 3 poison is a medicine that a medic, acting in the lawful practice of their profession, may supply.

(2) For the purposes of section 25(1)(b), a medicine that is

a Schedule 4 or 8 poison is a medicine that a medic,

acting in the lawful practice of their profession, may —

(a)	administer; or
(b)	possess; or

(c) supply.

(3) The supply by a medic of a medicine is subject to the
condition that the supply is in the circumstances
identified in a SASA that applies to the medic in
respect of the medicine.

(4) The administration by a medic of a medicine that is a Schedule 4 or 8 poison is subject to the condition that the administration —

(a) is on a direction given under regulation 15(1); or

(b) is in the circumstances identified in a SASA that applies to the medic in respect of the medicine.

(5) The possession by a medic of a medicine that is a
Schedule 4 or 8 poison is subject to the condition that
the possession is for the purpose of administering or
supplying the medicine in accordance with this
regulation.

R. KENNEDY, Clerk of the Executive Council.