Poisons Amendment (Midwives) Act 2010 (TAS)

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Poisons Amendment (Midwives) Act 2010

An Act to amend the Poisons Act 1971

[Royal Assent 14 December 2010]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Poisons Amendment (Midwives) Act 2010 . 2CommencementThis Act commences on a day to be proclaimed. 3Principal ActIn this Act, the Poisons Act 1971 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by inserting the following definition after the definition of drug-seeking behaviour : eligible midwife means a midwife whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law (Tasmania) – (a) to administer, obtain, possess, sell, supply or prescribe a restricted substance or a class of restricted substances; and (b) to administer, obtain or possess a narcotic substance or a class of narcotic substances; (b) by inserting the following definitions after the definition of midwife : midwifery narcotic substance means a narcotic substance that is declared by the Minister, by order, to be a midwifery narcotic substance for the purposes of this Act; midwifery restricted substance means a restricted substance that is declared by the Minister, by order, to be a midwifery restricted substance for the purposes of this Act; 5Section 26 amended (Sale and supply of potent substances and hazardous and medicinal poisons) Section 26 of the Principal Act is amended as follows: (a) by inserting in subsection (1) "and section 47C " after " section 47A "; (b) by inserting in subsection (1B) "and section 47C " after " section 47A ". 6Section 36 amended (Offences relating to certain restricted substances) Section 36 of the Principal Act is amended as follows: (a) by inserting in subsection (1)(b)(i) ", eligible midwife" after "nurse practitioner"; (b) by inserting in subsection (2)(a) ", eligible midwife" after "nurse practitioner"; (c) by inserting in subsection (2)(b) ", eligible midwife" after "nurse practitioner". 7Section 38 amended (Limitation of application of certain provisions of Division 1 of this Part) Section 38(1) of the Principal Act is amended by inserting after paragraph (ab) the following paragraph: (ac) the sale or supply of a midwifery restricted substance that is sold or supplied by a pharmaceutical chemist on and in accordance with the prescription of an eligible midwife; 8Sections 47C and 47D insertedAfter section 47B of the Principal Act , the following sections are inserted in Division 2: 47CEligible midwives (1) Notwithstanding section 26(1B) and section 36(1) and subject to subsection (2) , an eligible midwife may administer, obtain, possess, sell, supply or prescribe a midwifery restricted substance in the lawful practice of the profession of midwifery. (2) In the case of a midwifery restricted substance that is a restricted substance declared by the Minister by order under section 36 , the eligible midwife may only administer, obtain, possess, sell, supply or prescribe the substance if the midwife is acting in the lawful practice of the profession of midwifery in Tasmania. (3) Notwithstanding sections 47 and 48 and subject to section 47D , an eligible midwife may only administer, obtain or possess a midwifery narcotic substance if the midwife is acting in the lawful practice of the profession of midwifery in Tasmania. 47DOffence for eligible midwife to make available drugs of dependence, &c. (1) An eligible midwife must not administer a midwifery narcotic substance to any person who he or she has reason to believe is a drug-dependent person.