Poisons Amendment Regulations 2001 (WA)

29 June 2001 GOVERNMENT GAZETTE, WA 3115

HE302*

Poisons Act 1964

Poisons Amendment Regulations 2001

Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.

1.            Citation

These regulations may be cited as the Poisons Amendment
Regulations 2001.

2.            Regulation 36AA inserted

After regulation 36 of the Poisons Regulations 1965* the following regulation is inserted —

44  

36AA. Provision of "approved starter packs" by registered

nurses

(1) In this regulation —
"approved health service" means a health service (as

defined in section 3(1) of the Health Services
(Conciliation and Review) Act 1995, other than a
health service provided by way of medical or

epidemiological research) that —

(a)	operates outside the metropolitan region (as defined in section 6 of the Metropolitan Region Town Planning Scheme Act 1959); and
(b)	has been approved by the Commissioner of Health for the purposes of this regulation;
pack;

"approved name" has the same meaning as in

regulation 35C;

"approved starter pack" means a starter pack

approved by the Commissioner of Health for the

purposes of this regulation;

"brand name" has the same meaning as in

regulation 35C;

"starter pack" means a quantity of a poison included

in Schedule 4, prepared by a pharmaceutical
chemist and consisting of —

(a) if the poison is supplied in prepacked

individual packs, one individual standard

3116 GOVERNMENT GAZETTE, WA 29 June 2001

(b)	if the poison is a liquid, the smallest pack of the poison available from the manufacturer; or
(c)	otherwise, not more than 3 days medication of the poison;

"starter pack instruction" means an instruction of the

kind described in subregulation (2).

(2) A registered nurse at an approved health service may

give an approved starter pack to a patient, other than an in-patient, at the health service if orally instructed to do so by a medical practitioner, who need not be present at the health service.

(3) Before giving an approved starter pack to a patient a

registered nurse must -

(a)	ensure that the approved starter pack is labelled in accordance with subregulation (8); and
(b)	record the details of the provision of the approved starter pack in accordance with subregulation (10).

(4) A medical practitioner must not give a starter pack

instruction unless satisfied that -

(a)	the patient has an acute medical condition;
(b)	there is no other medical practitioner at the health service who could reasonably attend to the patient in person; and
(c)	the distance from the health service to the nearest pharmacy registered under the Pharmacy Act 1964 that is open is more than 25 km.

(5)	For the purposes of subregulation (4), a medical
practitioner may rely on information provided by the
registered nurse as to the patient's condition, the availability of other medical practitioners and the location of the nearest open pharmacy.

(6) Within 72 hours of giving a starter pack instruction a medical practitioner must give to the registered nurse, or another registered nurse at the health service, written

confirmation of the instruction including -

(a)	the name of the medical practitioner;
(b)	the name of the registered nurse to whom the starter pack instruction was given;
(c)	the name of the patient;
(d)	the date and time when the instruction was given;
(e)	details of the approved starter pack;

29 June 2001 GOVERNMENT GAZETTE, WA 3117

(f) any relevant directions for use that were to be

given to the patient; and

(g) any other information that the medical

practitioner considers relevant.

(7) The person in charge of an approved health service

must -

(a)	keep all written confirmations given under subregulation (6) to registered nurses at the health service for at least 2 years; and
(b)	produce them on demand to any person authorised under the Act to demand production of such records.

(8) An approved starter pack must be labelled in English

with—

(a) the words "Keep Out of reach of children";
(b) the name of the patient;
(c) the name and address of the health service;

(d) in relation to each poison in the approved

starter pack -

(i)     the approved name and strength or amount of the poison; or

(ii)     if the brand name uniquely identifies the strength of the poison, that brand name;

(e) the total quantity of medication contained in the

approved starter pack;

(1) the date on which the approved starter pack was

given to the patient;

(g) any directions for use given by the medical

practitioner;

(h) the number referred to in subregulation (1 0)(f)

identifying the relevant entry in the health

service's Starter Pack Supply Book; and

(i) any relevant cautionary or advisory statements

set Out in Appendix K to the SUSDP.

(9) The person in charge of an approved health service

must -

(a) maintain a Starter Pack Supply Book for the

health service consisting of-

(i)     handwritten records in a bound book with sequentially numbered pages; or

(ii)     records kept in another manner which has been specifically and individually approved in writing by the

Commissioner of Health for the
purposes of this paragraph;

3118 GOVERNMENT GAZETTE, WA 29 June 2001

(b)	keep the Starter Pack Supply Book for at least 2 years after the last entry is made in it; and
(c)	produce the Starter Pack Supply Book on demand to any person authorised under the Act to demand production of such records.

(10) Before giving an approved starter pack to a patient a

registered nurse must record the following information

in the health service's Starter Pack Supply Book —

(a) the name and address of the patient;

(b) in relation to each poison in the approved

starter pack —

(i)     the approved name and strength or amount of the poison; or

(ii)     if the brand name uniquely identifies the strength of the poison, that brand name;

(c) the date and time at which the approved starter

pack is to be given to the patient;

(d) the name of the medical practitioner;

(e) any directions for use given by the medical

practitioner;

(f) a unique number identifying the entry in the

Book; and

(g) the registered nurse's name and signature.

[* Reprinted as at 12 May 2000.]

By Command of the Lieutenant-Governor and deputy of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.