Medicines and Poisons Amendment Regulations 2019 (WA)
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HEALTH
HE301
Medicines and Poisons Act 2014
Medicines and Poisons Amendment
Regulations 2019
Regulations 2016.
Made by the Governor in Executive Council.
1. Citation
These regulations are the Medicines and Poisons Amendment
Regulations 2019.
2. Commencement
These regulations come into operation as follows —
(a)
regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
3. Regulations amended These regulations amend the Medicines and Poisons
15 March 2019 GOVERNMENT GAZETTE, WA 787 4. Regulation 3 amended
In regulation 3(1) insert in alphabetical order:
medical practitioner means a person registered under
the Health Practitioner Regulation National Law
(Western Australia) in the medical profession;
5. Regulation 16A inserted
After regulation 16 insert:
16A. Direction by prescriber to supply medicine that is
Schedule 2,3 or 4 poison(1) A prescriber may give a direction for an authorised
health professional to supply a medicine that is a
Schedule 2, 3 or 4 poison to a particular person (the
patient).(2) The direction may be given -
(a) by entering in the clinical record of the patient any details referred to in regulation 10(1 )(a)(i) to (vii) that are not already included in the clinical record and signing the entry; or
(b)
to an authorised health professional orally or by telephone or other electronic means.
(3) If a prescriber gives a direction to an authorised health
professional in a form described in
subregulation (2)(b), the prescriber must, within
24 hours of giving the direction, enter in the clinical
record of the patient any details referred to in
regulation 10(1 )(a)(i) to (vii) that are not already
included in the clinical record and sign the entry.
6. Regulation 37 amended
In regulation 37 insert in alphabetical order:PBS means the document "Schedule of Pharmaceutical Benefits" published from time to time, for the purposes of the National Health Act 1953 (Commonwealth), by
the Department of State of the Commonwealth that is
administered by the Commonwealth Minister
administering that Act;PBS medicine means a medicine that -
(a) is listed in any of the following Schedules of
the PBS—(i) General Pharmaceutical Benefits;
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(ii) Palliative Care;
but
(b) is not listed in any of the following Schedules
of the PBS -
(i) Highly Specialised Drugs Program
(Private Hospital);(ii) Highly Specialised Drugs Program
(Public Hospital);(iii) Highly Specialised Drugs Program
(Community Access);
remote clinic means a medical clinic, nursing post or
similar facility -
(a) conditions specified in the National Health
(Remote Area Aboriginal Health Servicesoperated by a health service that satisfies the (Commonwealth) section 9(2); or
(b) approved by the CEO under regulation 39A
7. Regulation 39A inserted
At the end of Part 7 Division 1 insert:
39A. Approval of remote clinic (1) In this regulation -
ASGS means the document "Australian Statistical
Geography Standard (ASGS): Volume 5 - Remoteness
Structure, July 2016" published by the Australian
Bureau of Statistics.(2) The CEO may approve a medical clinic, nursing post
or similar facility as a remote clinic if it is in an area of the State classified as Remote Australia or Very
Remote Australia under the ASGS.(3) The approval -
(a) must be in writing; and (b) may be subject to conditions; and (c)
may, at any time, be amended, suspended or revoked by the CEO.
8. Regulation 41 amended
Delete regulation 41(3) and insert:
(3)
The supply by an Aboriginal and Torres Strait Islander health practitioner of a medicine that is a Schedule 2, 3
15 March 2019 GOVERNMENT GAZETTE, WA 789 or 4 poison is subject to the condition that the supply
is- s- (a) in the circumstances described in (a)
subregulation (3A); or
(b) in the circumstances identified in a SASA that
applies to the Aboriginal and Tones Strait
Islander health practitioner in respect of the
medicine.
(3A) For the purposes of subregulation (3)(a), the
circumstances are as follows -
(a) the medicine is a PBS medicine; (b) the place of supply is a remote clinic; (c) when the supply occurs there is no pharmacy within 25 km of the place of supply that is open and accessible by the person to whom the medicine is supplied; (d) the supply is not for the purposes of acute care or treatment relating to the implementation of a public health programme; (e) the person to whom the medicine is supplied has consulted with a medical practitioner, in the period of 6 months before the day on which the supply occurs, about the medical condition to which the supply relates; (1) the supply is on a direction given under
regulation 16A(l) in respect of that particular
supply;(g) the Aboriginal and Tones Strait Islander health practitioner has completed a course of training approved by the CEO for the purposes of this subregulation.
9. Regulation 42 amended
Delete regulation 42(3) and insert:
(3)
The supply by an Aboriginal and Tones Strait Islander health worker of a medicine that is a Schedule 2, 3 or 4 poison is subject to the condition that the supply is -
(a)
in the circumstances described in subregulation (3A); or
(b)
in the circumstances identified in a SASA that applies to the Aboriginal and Tones Strait Islander health worker in respect of the medicine.
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(3A) For the purposes of subregulation (3)(a), the
circumstances are as follows -
(a) the medicine is a PBS medicine; (b) the place of supply is a remote clinic; (c)
within 25 km of the place of supply that is open
and accessible by the person to whom the
medicine is supplied;
the supply is not for the purposes of acute care
or treatment relating to the implementation of a
public health programme;
the person to whom the medicine is supplied
has consulted with a medical practitioner, in the
period of 6 months before the day on which the
supply occurs, about the medical condition to
which the supply relates;
the supply is on a direction given under
regulation 16A(l) in respect of that particular
supply;when the supply occurs there is no pharmacy worker has completed a course of training approved by the CEO for the purposes of this subregulation.
10. Regulation 54 amended
Delete regulation 54(4) and insert:
(4) The supply by a registered nurse of a medicine that is a
Schedule 2, 3 or 4 poison is subject to the condition
that the supply is -
(a) subregulation (4A); or in the circumstances described in (b)
in the circumstances identified in a SASA that applies to the registered nurse in respect of the medicine.
(4A) For the purposes of subregulation (4)(a), the
circumstances are as follows -
(a) the medicine is a PBS medicine; (b) the place of supply is a remote clinic; (c)
when the supply occurs there is no pharmacy within 25 km of the place of supply that is open and accessible by the person to whom the medicine is supplied;
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(d)
the supply is not for the purposes of acute care or treatment relating to the implementation of a public health programme;
(e)
the person to whom the medicine is supplied has consulted with a medical practitioner, in the period of 6 months before the day on which the supply occurs, about the medical condition to which the supply relates;
(1) the supply is on a direction given under
regulation 16A(l) in respect of that particular
supply.
11. Regulation 55 amended
Delete regulation 554) and insert:
(4) The supply by an enrolled nurse of a medicine that is a
Schedule 2, 3 or 4 poison is subject to the condition
that the supply is -
(a)
in the circumstances described in subregulation (4A); or
(b)
in the circumstances identified in a SASA that applies to the enrolled nurse in respect of the medicine.
(4A) For the purposes of subregulation (4)(a), the
circumstances are as follows -
(a) the medicine is a PBS medicine; (b) the place of supply is a remote clinic; (c)
when the supply occurs there is no pharmacy within 25 km of the place of supply that is open and accessible by the person to whom the
medicine is supplied; (d)
the supply is not for the purposes of acute care or treatment relating to the implementation of a public health programme;
(e)
the person to whom the medicine is supplied has consulted with a medical practitioner, in the period of 6 months before the day on which the supply occurs, about the medical condition to which the supply relates;
(1) the supply is on a direction given under
regulation 16A(l) in respect of that particular
supply.
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12. Regulation 56 amended
Delete regulation 56(4) and insert:
(4) The supply by a midwife of a medicine that is a
Schedule 2, 3 or 4 poison is subject to the condition that the supply is —
(a)
in the circumstances described in subregulation (4A); or
(b)
in the circumstances identified in a SASA that applies to the midwife in respect of the medicine.
(4A) For the purposes of subregulation (4)(a), the
circumstances are as follows —
(a) the medicine is a PBS medicine; (b) the place of supply is a remote clinic; (c)
when the supply occurs there is no pharmacy within 25 km of the place of supply that is open and accessible by the person to whom the medicine is supplied;
(d)
the supply is not for the purposes of acute care or treatment relating to the implementation of a public health programme;
(e)
the person to whom the medicine is supplied has consulted with a medical practitioner, in the period of 6 months before the day on which the supply occurs, about the medical condition to which the supply relates;
(f)
the supply is on a direction given under regulation 16A(1) in respect of that particular supply.
R. NEILSON, Clerk of the Executive Council.
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