Poisons Amendment Regulations 2003 (WA)
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HE301*
Poisons Act 1964
Poisons Amendment Regulations 2003
Made by the Governor in Executive Council.
1. Citation
These regulations may be cited as the Poisons Amendment
Regulations 2003.2. The regulations amended
The amendments in these regulations are to the Poisons
Regulations 1965*.[* Reprint 7 as at 10 Jan 2003.
4. Regulation 10A amended meaning of the Hospitals and Health Services Act 1927". Regulation 10A(2)(b) is amended by deleting "within the For amendments to 22 July 2003 see Western Australian
Legislation Information Tables for 2002, Table 4, p. 288, and
Gazette 9 April 2003.]
3. Regulation 2 amended
Regulation 2 is amended by inserting the following definition in the appropriate alphabetical position
44
"public hospital" means a public hospital as defined
in section 2(1) of the Hospitals and Health
Services Act 1927;
12 August 2003 GOVERNMENT GAZETTE, WA 3659 5. Regulation 51A amended
Regulation 5 1A is amended by deleting "For the purposes of regulations 5 1 A to 5 1G - " and inserting instead -
44
In this Subdivision -
6. Regulation 51G replaced
Regulation 51 G is repealed and the following regulations are inserted instead -
51G. Interpretation
In this Subdivision -
"authorised practitioner" means a medical
practitioner who holds an authorisation under
regulation 5 1GAB;
"stimulant" means amphetamine, dexamphetamine,
methylamphetamine, methylphenidate or
phenmetrazine, or the salts of any of those
substances and any preparation or admixture
containing any of those substances, or the salts ofany of those substances.
51CAA. When a medical practitioner may supply or
prescribe a stimulant
Despite regulations 51 B and 51 F, a medical practitioner must not supply a stimulant or provide a prescription for a stimulant unless the medical practitioner -
(a) is an authorised practitioner; (b) does so as a co-prescriber under
regulation 51 GAG;
(c) does so in accordance with a special authorisation under regulation 5 1GAH; or (d) does so under regulation 51 GAl. 51CAB. Authorisation to supply or prescribe a stimulant
(I) A medical practitioner may apply to the Commissioner
of Health for authorisation to supply a stimulant or to
provide a prescription for a stimulant.
(2) The application must be in a form approved by the
Commissioner of Health.(3) On receiving an application under subregulation (1) the
Commissioner of Health may grant the authorisation.(4)
An authorisation remains in force until the applicant ceases to be a registered medical practitioner or the Commissioner of Health revokes the authorisation.
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(5) The Commissioner of Health may by notice in writing
cancel or vary the terms of an authorisation at any time.5IGAC. When an authorised practitioner may supply or
prescribe a stimulant
An authorised practitioner must not supply a stimulant or provide a prescription for a stimulant unless the patient is diagnosed as having -
(a) attention deficit hyperactivity disorder; (b) brain damage; (c) depression; or (d) narcolepsy.
51 CAD. Treatment of attention deficit hyperactivity
disorder with a stimulant
(1) An authorised practitioner must not supply or prescribe
a stimulant for treatment of attention deficit
hyperactivity disorder to or for a patient who has notreached 2 years of age.
(2) An authorised practitioner must not, without written
permission from the Commissioner of Health, supply
or prescribe a stimulant for treatment of attention
deficit hyperactivity disorder to or for a patient who
has reached 2 years of age but has not reached 4 yearsof age.
(3) An authorised practitioner must not supply or prescribe
a stimulant for treatment of attention deficit
hyperactivity disorder to or for a patient who has
reached 4 years of age but has not reached 18 years ofage unless the authorised practitioner is -
(a) a paediatrician;
(b) a paediatric neurologist; or (c) a child and adolescent psychiatrist.
(4) An authorised practitioner must not supply or prescribe
a stimulant for treatment of attention deficit
hyperactivity disorder to or for a patient who has
reached 18 years but has not reached 25 years unlessthe authorised practitioner is -
(a)
a neurologist or psychiatrist not referred to in subregulation (3); or
(b)
an authorised practitioner referred to in subregulation (3) who was treating the patient for attention deficit hyperactivity disorder before the patient reached 18 years of age.
(5) An authorised practitioner must not supply or prescribe
a stimulant for treatment of attention deficit
hyperactivity disorder to or for a patient who has
12 August 2003 GOVERNMENT GAZETTE, WA 3661 reached 25 years unless the authorised practitioner is a
neurologist or psychiatrist not referred to in
subregulation (3).(6) An authorised practitioner must not, without written
permission from the Commissioner of Health, supply
or prescribe a stimulant for treatment of attention
deficit hyperactivity disorder to or for a patient who
has a history of psychosis, bipolar disorder, or
sustained significant substance abuse.
51GAE. Dose for supply or prescription of a stimulant
(1) If an authorised practitioner is treating a patient with a
stimulant, the patient must be started on the lowest
practicable dose that is then titrated according to the
person's response.
(2) An authorised practitioner must not, without written permission from the Commissioner of Health, treat a patient with a dose greater than -
(a)
1 mg/kg/day for dexamphetamine up to a maximum of 60 mg/day; and
(b)
2 mg/kg/day for methylphenidate up to a maximum of 120 mg/day.
(3) If an authorised practitioner prescribes one or more
stimulants for the same patient, the authorised
practitioner must not, without written permission from
the Commissioner of Health, prescribe a total dailydosage exceeding 12 tablets/day for those stimulants.
51GAF. Notification to Commissioner of Health of supply or
prescription of a stimulant
(1) An authorised practitioner must notify the
Commissioner of Health as soon as practicable after -
(a) a stimulant has been supplied to or prescribed for a patient by the authorised practitioner for the first time; (b) there has been a change in - (i) the dose of a stimulant supplied to or prescribed for a patient by the authorised practitioner;
(ii) the type of stimulant supplied to or prescribed for a patient by the authorised practitioner;
(iii) the form of stimulant supplied to or prescribed for a patient by the authorised practitioner;
(iv) the name or residential address of a patient who is being treated with a stimulant by the authorised practitioner;
or
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(v) the co-prescribers (if any) of the
authorised practitioner under
regulation 5 1GAG;
and
(c) the supply or provision of prescriptions for a
stimulant to a patient by the authorised
practitioner has ceased.
(2) The notification is to be in a form approved by the
Commissioner of Health.(3) Upon receiving notification under subregulation (1)(a)
or (b), the Commissioner of Health may by notice to
the authorised practitioner order that the treatment be
cancelled or varied.(4) An authorised practitioner receiving an order under
subregulation (3) must comply with the order.51GAG. Co-prescriber for supply or prescription of a
stimulant
(1) An authorised practitioner may nominate another
medical practitioner to be a co-prescriber of a stimulant
in a notification to the Commissioner of Health under
regulation 51GAR(2) A co-prescriber may on the same conditions as the
authorised practitioner supply a stimulant or provide a
prescription for a stimulant to the patient who is the
subject of the notification.51GAH. Special authorisation to supply or prescription of a
stimulant
(1) A medical practitioner may apply to the Commissioner
of Health for a special authorisation to supply or
prescribe a stimulant to a particular patient in
circumstances not set Out in regulation 51 GAC. (2) The application must be in a form approved by the
Commissioner of Health.(3)
On an application under subregulation (1), the Commissioner of Health may grant the special authorisation if the Commissioner considers that there
are sound medical grounds for doing so. (4) The Commissioner of Health may by notice in writing
cancel or vary the terms of a special authorisation at
any time.51GAI. Supply or prescription of a stimulant in a public
hospital or prison under this Subdivision -
(a) enters a public hospital for treatment as an
in-patient; or
12 August 2003 GOVERNMENT GAZETTE, WA 3663 (b) is placed in custody in a prison as defined in the
Prisons Act 1981,
and needs to continue treatment with the stimulant
while in that hospital or prison, a medical practitioner
attached to the hospital or prison may supply the
stimulant or provide a prescription for the stimulant on
the same conditions that the medical practitioner who
initiated the treatment would be able to.7. Regulation 53A amended
Regulation 53A is amended in the list of poisons by inserting in the appropriate alphabetical positions -
"
Amphetamine
Dexamphetamine
Methylamphetamine
Methylphenidate
Phenmetrazine
8. Regulation 64 amended
Regulation 64(5) is amended by deleting "(as defined in the
Hospitals and Health Services Act 1927)".
9. Various headings deleted
The regulations are amended by deleting the headings that
appear immediately before each of the regulations set out in the
Table to this regulation.Table of headings to be deleted
r.l r.35 r.45 r.2 r.36 r.47
r.3 r.37 r.48 r.5 r.38 r.49
r. 7 (both headings) r. 38AA r. 50 r. 8 r. 38C (both headings) r. 51 r. 8A r. 38D r. 52 r. 9 r. 38E r. 52B r. 10 r. 38F r. 52C r. 1OA r. 38G r. 53 r. 12 r. 38H r. 53A r.15 r.39 r.54 r.19 r.40 r.55 r. 21 r. 40A r. 56 r.25 r. 41A r.57 r. 30 (both headings) r. 42 r. 58 r. 31 r. 43 r. 59 (both headings) r. 32 r. 43A r. 60 r.33 r.44
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10. Various Part, Division and Subdivision headings inserted
The regulations are amended by inserting immediately before the regulation specified in column 1 of the Table to this regulation the corresponding heading specified in column 2 of that Table.
Table
Column 1 Column 2 Regulation Heading
r. 1 Part 1 - Preliminary r. 3 Part 2 - Licences and permits
r. 3 Division 1 - General r. 12A Division 2 - Needle and syringe programme
r. 15 Division 3 - Restrictions and obligations
r. 19 Part 3 - Containers and labels
r. 19 Division 1 - Containers
r. 21 Division 2— Labels r. 25
Division 3 - General r. 30
Part 4 - Storage, disposal and loss or theft of poisons
r. 33 Part 5 - Sale, supply and use of poisons
r. 33 Division 1 - Restrictions
r. 36 Division 2— Fourth Schedule poisons
r. 41 Division 3 - General
r. 42 Part 6- Drugs of addiction
r. 42 Division 1 - General
r. 51 Division 2— Supply and prescription
r. 51 Subdivision 1 - Prescriptions generally
r. 51A Subdivision 2— Supply and
prescription to drug addictsr. 51G Subdivision 3— Supply and
prescription of certain substancesr. 52
Division 3 - Dispensing and delivery
12 August 2003 GOVERNMENT GAZETTE, WA
Column 1 Colo m n 2 Regulation Heading
r. 56 Division 4 — Safe custody r. 57 Division 5 — Restrictions on SUP ply
r. 59 Part 7 — Miscellaneous provisions
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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