Poisons Amendment Regulations 1997 (WA)

1828	GOVERNMENT GAZETTE, WA	[11 April 1997
HE303

[* Reprinted as at 4 November 1996.	For amendments to 19 March 1997 see Gazette
29 November 1996.]

POISONS ACT 1964

POISONS AMENDMENT REGULATIONS 1997

Made by His Excellency the Governor in Executive Council.

Citation

1. These regulations may be cited as the Poisons Amendment

Regulations 1997.

Principal regulations

2.     In these regulations the Poisons Regulations 1965* are referred to as the

principal regulations.

11 April 19971 GOVERNMENT GAZETTE, WA 1829

Regulation 2 amended

3.      Regulation 2 of the principal regulations is amended by inserting in the

appropriate alphabetical position the following definitions -

"

"dermatologist" means a medical practitioner who has

qualifications recognized by the Medical Board as

appropriate to a specialist in dermatology;

"gynaecologist" means medical practitioner who has

a

qualifications recognized by the Medical Board as

appropriate to a specialist in gynaecology;

"Medical Board" means the Medical Board established under

section 4 of the Medical Act 1894;

"obstetrician" means medical practitioner who has

a

qualifications recognized by the Medical Board as

appropriate to a specialist in obstetrics;

"physician" means a medical practitioner who has qualifications recognized by the Medical Board as appropriate to a specialist in general medicine;

Regulation 35AA repealed

4.      Regulation 35AA of the principal regulations is repealed.

Regulation 38C amended

5.      Regulation 38C of the principal regulations is amended by deleting the

portion of the regulation from and including "supplied except -" to the end

of the regulation and substituting the following -

it

prescribed except -

(a)	by a gynaecologist or obstetrician;
(b)	by the Commissioner of Health; or by any other medical practitioner, if authorized in writing
(c)	by a veterinary surgeon for the purpose of veterinary trials

Regulation 38D amended under the direction of a veterinary surgeon.

6.     (1) Regulation 38D (1) of the principal regulations is amended by

deleting the portion of the subregulation from and including "supplied

except -" to the end of the subregulation and substituting the following -

prescribed except by a physician or dermatologist. ".

and substituting the following -	(2)	Regulation 38D (la) is amended by deleting "subregulation (1) (b)"
it

a prescription under subregulation (1) ".

substituting the following -	(3)	Regulation 38D (2) is amended by deleting "prescriber" and
"

physician or dermatologist who prescribes etretinate or acetretin or a
substance containing etretinate or acetretin

1830 GOVERNMENT GAZETTE, WA [11 April 1997

Regulation 38E amended

7. Regulation 38E of the principal regulations is amended by deleting the portion of the regulation from and including "supplied except -" to the end of the regulation and substituting the following -

"

prescribed except -

(a) by a veterinary surgeon for use in the treatment of animals;

or

(b) in the case of dinoprost or dinoprostone or a substance

containing dinoprost or dinoprostone -

(i)	by a physician, gynaecologist or obstetrician; or
(ii)	by any other medical practitioner, if authorized in

writ ing by the Commissioner of Health.

Regulation 38F amended

S. (1) Regulation 38F (1) of the principal regulations is amended by	deleting the portion of the subregulation from and including "supplied
except -" to the end of the subregulation and substituting the following -

prescribed except by a physician or dermatologist. ".

and substituting the following -	(2)	Regulation 38F (la) is amended by deleting "subregulation (1) (b)"
it

a prescription under subregulation (1) ".

substituting the following -	(3)	Regulation 38F (2) is amended by deleting "prescriber" and
"

physician or dermatologist who prescribes isotretinoin or a substance

containing isotretinoin

Regulation 38G amended

9.     (1) Regulation 38G (1) of the principal regulations is amended by

deleting the portion of the subregulation from and including "supplied

except -" to the end of the subregulation and substituting the following -

prescribed except by a physician or dermatologist. ".

and substituting the following - (2) Regulation 38G (2) is amended by deleting "subregulation (1) (b)"

a prescription under subregulation (1) ".

substituting the following -	(3)	Regulation 38G (3) is amended by deleting "prescriber" and
"

physician or dermatologist who prescribes thalidomide or a substance

containing thalidomide

Regulation 38H amended

10.      Regulation 38H of the principal regulations is amended by deleting the

portion of the regulation from and including "supplied except -" to the end

of the regulation and substituting the following -

"

prescribed except -

(a) by a medical practitioner for human use; or

11 April 19971 GOVERNMENT GAZETTE, WA 1831

(b) by a veterinary surgeon for use in or on an animal not used for meat, edible offal, egg or milk production.

Regulation 381 amended

11. Regulation 381 of the principal regulations is amended by deleting the portion of the regulation from and including "supplied except -" to the end of the regulation and substituting the following -

"

prescribed except -

(a)	by a physician, gynaecologist or obstetrician;
(b)	by any other medical practitioner, if authorized in writing

by the Commissioner of Health; or

(c) by a veterinary surgeon for the purpose of veterinary trials

under the direction of a veterinary surgeon.

Regulation 38K amended

12.      Regulation 38K of the principal regulations is amended by deleting the

portion of the regulation from and including "supplied except -" to the end

of the regulation and substituting the following -

"

prescribed except by a veterinary surgeon for use in the treatment of

pigeons.

Regulation 38L amended

13.      Regulation 38L of the principal regulations is amended by deleting the

portion of the regulation from and including "supplied except -" to the end

of the regulation and substituting the following -

ct

prescribed except by a veterinary surgeon for use in the treatment of

fish.

Regulation 38M amended

14. Regulation 38M of the principal regulations is amended by deleting the

portion of the regulation from and including "supplied except -" to the end

of the regulation and substituting the following -

cc

prescribed except -

(a)	by a psychiatrist; or
(b)	by any other medical practitioner, if required for the

treatment of a patient in a hospital and authorized in

writing by the Commissioner of Health.

Regulation 38N amended

15.      Regulation 38N of the principal regulations is amended by deleting the

portion of the regulation from and including "supplied except -" to and

including "milk production." and substituting the following -

"

prescribed except -

(a) by a medical practitioner for human use; or

1832 GOVERNMENT GAZETTE, WA [11 April 1997

(b) by a veterinary surgeon for use in the feeding or treatment	of an animal not used for meat, edible offal, egg or milk
production.

Regulation 40 amended

16.

deleting"Until" and substituting the following - (1) Regulation 40 (1) of the principal regulations is amended by

Subject to subregulation (laa), until ".

(2) After regulation 40 (1) the following subregulation is inserted -

"

subregulation (1) to procure apoison included in Schedule 4 and referred to in a regulation listed in the Table to this subregulation, (laa) A medical practitioner is not authorized under

unless the medical practitioner is authorized under that regulation to

prescribe the poison.

TABLE

regulation 38C regulation 38D	regulation 38G
regulation 381
regulation 38E regulation 38F	regulation 38M

Regulation 51AA amended

17.     Regulation 51AA. of theprincipal regulations is amended by inserting

after "medical practitioner", in both places where it occurs, the following -

or dentist ".

Regulation 51B repealed and a regulation substituted

18.     Regulation 51B of the principal regulation is repealed and the following

regulation is substituted -

Drug addicts: medical practitioner or dentist not to prescribe or supply drugs of addiction without written authorization

51B. (1) A medical practitioner or dentist shall not write, issue or	authorize a prescription or document prescribing the use, sale or supply
of a drug of addiction, or supply a drug of addiction, for the treatment of a person -

(a)	who is a drug addict; or
(b)	who has been named as a drug addict by the Commissioner

of Health by notice forwarded to the medical practitioner or

dentist,

unless the medical practitioner or dentist has first obtained written

authorization to do so from the Commissioner of Health.

(2) In this regulation -

"drug of addiction" includes methadone only if prescribed or

supplied by a dentist.

Regulation SiC amended

19.      Regulation 51C of the principal regulations is amended by inserting a

comma after "methadone" in both places where it occurs.

11 April 1997] GOVERNMENT GAZETTE, WA 1833

Regulation 51F amended

20.      Regulation 51F (1) of the principal regulations is amended by deleting

"or supply a poison included in Schedule 8" and substituting the following

it

prescribing the use, sale or supply of a poison included in Schedule 8, or
supply a poison included in Schedule 8, I) .

Regulation 51H repealed and a regulation substituted

21.     Regulation 51H of the principal regulations is repealed and the

following regulation is substituted

fl

Dentists not to prescribe or supply certain drugs of addiction

51H. (1) A dentist shall not write, issue or authorize a prescription	or document prescribing the use, sale or supply of a poison included in
Schedule 8, or supply a poison included in Schedule 8, unless the poison is also included in the Commonwealth Schedule under the heading "Preparations which may be prescribed by participating dental practitioners for dental treatment only".
document prescribing the use, sale or supply of a poison included in (2) A dentist shall not write, issue or authorize a prescription or
Schedule 8, or supply .a poison included in Schedule 8, for the treatment of a person for a period in excess of 7 days, or for periods that in the aggregate over the preceding 12 months exceed 60 days, unless the dentist has first obtained written authorization to do so from the Commissioner of Health.

(3) In subregulation (1) —

"Commonwealth Schedule" means the document "Schedule of Pharmaceutical Benefits", as published from time to time by the Commonwealth Government for the purposes of Part VU of the National Health Act 1953 of the Commonwealth.

Appendix G amended

22.      Appendix G to the principal regulations is amended — (a) in the item relating to Form 3 —

(i) " 200 "; and by deleting "150" and substituting the following —

(ii)     by deleting "125" and substituting the following — " 175 ";

(b) in the item relating to Form 6 —

(i)       by deleting "250" and substituting the following — " 300 "; and

(ii)     by deleting "125" and substituting the following — " 175 ";

and
(c) in the item relating to Form 7 (in the columns corresponding to	paragraph (a) of that item) —
(i) by deleting "250" and substituting the following — " 300 "; and

1834 GOVERNMENT GAZETTE, WA [11 April 1997

(ii) by deleting "125" and substituting the following —

" 175 ".

By His Excellency's Command,

J. PRITCHARD, Clerk of the Executive Council.