Poisons Amendment Regulations 2005 (WA)

5602 GOVERNMENT GAZETTE, WA 15 November 2005

HE304*

Poisons Act 1964

Poisons Amendment Regulations 2005

Legislation Information Tables for 2004, Table 4, p. 301.]

Made by the Lieutenant-Governor and Administrator in Executive
Council.

1.            Citation

These regulations are the Poisons Amendment Regulations 2005.

2.             Commencement

These regulations come into operation on 1 January 2006.

3.            The regulations amended

The amendments in these regulations are to the Poisons
Regulations 1965*.

[* Reprint 7 as at 10 January 2003.

For amendments to 3 October 2005 see Western Australian

15 November 2005 GOVERNMENT GAZETTE, WA 5603

4.            Regulation 2 amended

(1) Regulation 2 is amended as follows:

(a) by deleting the definition of "dispense" and inserting

instead -

"

"dispense", in relation to a medicine or a poison -

(a)	means supply the medicine or poison on and in accordance with a prescription duly given by a medical practitioner, a nurse
practitioner, a dentist or a veterinary surgeon; and
(b)	in relation to a drug of addiction, has a meaning affected by regulation 42A;

(b) by inserting the following definition in its appropriate

alphabetical position -

"prescribe", in relation to a drug of addiction, has a

meaning affected by regulation 42A; ,,

5.            Regulation 42A inserted

Before regulation 42 the following regulation is inserted in
Part 6 Division I -

"

42A.	Interpretation
In this Part, a reference to prescribing or dispensing a drug of addiction is to be read as including a reference to prescribing or dispensing a preparation containing a drug of addiction.

6. Regulation 51 amended
Regulation 5 1(1) is amended as follows:

(a) after paragraph (a) by inserting -

44

(aa) it shall not prescribe more than one drug of addiction, nor any other substance, but may prescribe the same drug in more than one form;

(b) in paragraph (b)(iii) by deleting "name and full address of the patient" and inserting instead -

"

name, full address and date of birth of

the patient

IF

5604 GOVERNMENT GAZETTE, WA 15 November 2005

(c) in paragraph (b)(iv) by deleting "poison or preparation containing the poison" and inserting instead -

drug of addiction ";

(d) by deleting paragraph (b)(v) and inserting the following subparagraph instead -

"

(v) precise directions for the use of the drug

of addiction, including the dose to be
taken or administered and the frequency
with which the dose is to be taken or
administered;

(e) in paragraph (b)(vi) by deleting "it is to be dispensed more than once," and inserting instead -

"

the drug of addiction is to be dispensed more than once under the prescription,

(1) in paragraph (b)(ix) by deleting "contains" and inserting

instead -

prescribes

7.            Regulation 52 amended

(1) Regulation 52(3) is amended as follows:

(a) by deleting "persons dispensing prescriptions referred to in this regulation -" and inserting instead -

"

a person who dispenses a drug of addiction under a

prescription -

(b)	in paragraph (a) by deleting "the person to whom a
" himself—" and inserting instead - prescription is submitted for dispensing shall satisfy the dispenser shall satisfy himself or herself—
(c)	after paragraph (a)(i) by deleting "and";
(d)	in paragraph (a)(ii) by deleting "duly registered within the State";
(e)	after paragraph (a)(ii) by inserting -

"

and

(iii) in accordance with subregulation (3a), that the prescription was signed by the prescriber whose name appears on the prescription;

15 November 2005 GOVERNMENT GAZETTE, WA 5605

(f) by deleting paragraph (b) and inserting the following

paragraphs instead -

44

(b) the drug of addiction shall not be dispensed

under the prescription more than the maximum number of times indicated on the prescription, or at intervals less than those indicated on the prescription;

(ba) on each occasion on which the drug of

addiction is dispensed under the prescription
the dispenser shall -

(i)     sign the prescription clearly in ink using his or her usual signature; and

(ii)     stamp or otherwise mark the prescription clearly in ink with the date on which the drug is dispensed;

(bb) on the first occasion on which the drug of

addiction is dispensed under the prescription,
the dispenser shall stamp or otherwise mark the
prescription clearly in ink with the name and

address of the dispensary;

(g) by deleting paragraph (c) and inserting the following

paragraph instead -

44

(c) where the drug of addiction is prescribed by a

veterinary surgeon, the dispenser shall not
dispense the drug of addiction on more than

one occasion under that prescription;

(h) by deleting paragraph (d) and inserting the following

paragraph instead -

44

(d) where the dispenser dispenses less than the

prescribed amount of the drug of addiction on presentation of the prescription and dispenses or intends to dispense the remainder on another
occasion or occasions, the dispenser shall on
each occasion on which part of the prescribed
amount is dispensed, note on the prescription
clearly in ink the amount dispensed and the

date on which it was dispensed;

IF

5606 GOVERNMENT GAZETTE, WA 15 November 2005

(i) by deleting paragraphs (e) and (0 and inserting the

following paragraphs instead -

44

(e) after dispensing the drug of addiction as directed by the prescription the dispenser shall —

(i)     mark the prescription with the number of occasions remaining (if any) on which the drug of addiction is to be dispensed under the prescription; and

(ii)     subject to subregulation (7), retain the prescription in safe custody at the dispensary;

(0 the dispenser shall write in ink, or stamp, the

word "cancelled" across the prescription in
legible letters if —

(i)     the prescription does not clearly indicate the maximum number of occasions on which the drug of addiction is to be dispensed under the prescription;

(ii)     the prescription does not clearly indicate the intervals at which the drug of addiction is to be dispensed under the prescription; or

(iii)     the drug of addiction has already been dispensed on the maximum number of occasions on which it can lawfully be dispensed under the prescription;

(j) in paragraph (g) by deleting "person who dispenses a

prescription" and inserting instead —

" dispenser

(k) by deleting paragraph (h) and inserting the following

paragraph instead -

44

(h) before the drug of addiction is handed to the purchaser, the following particulars shall be recorded in accordance with regulation 52B —

(i)     the prescription number;

(ii)     the name, full address and date of birth of the patient or, in the case of a prescription for veterinary use, the name and full address of the person having the care of the animal for which the drug of addiction is prescribed;

(iii)     a description of the drug of addiction;

(iv)     the quantity of the drug of addiction dispensed;

15 November 2005 GOVERNMENT GAZETTE, WA 5607

(v)     directions for the use of the drug of addiction;

(vi)     the date of the prescription;

(vii)     the name and address of the prescriber;

(viii)     a note of the basis on which the dispenser is satisfied for the purposes of subregulation (3)(a)(iii) that the signature on the prescription is the signature of the prescriber whose name appears on the prescription;

(2) After regulation 52(3) the following subregulation is inserted -

44

(3a) For the purposes of subregulation (3)(a)(iii), the

dispenser shall orally ask the prescriber whose name
appears on the prescription to verify that the prescriber
issued the prescription, unless the dispenser is satisfied
that the signature on the prescription is the signature of
the prescriber on the basis that the dispenser is familiar
with the signature of the prescriber and recognises the
signature on the prescription as the prescriber's

signature.

,1

(3) Subregulation (4) is amended as follows:

(a) by deleting "A prescription" and inserting instead -

44

A person shall not dispense a drug of addiction under a prescription

(b) by deleting "shall not be dispensed".

(4) Subregulation (5) is amended as follows:

(a) by deleting "A prescription" and inserting instead -

44

A person shall not dispense a drug of addiction under a prescription

(b) by deleting ", shall not be dispensed".

(5) Subregulation (6a) is amended as follows:

(a)	by inserting after "for dispensing" — " a drug of addiction ";
(b)	by inserting after "to dispense" — " the drug of addiction under ".

5608 GOVERNMENT GAZETTE, WA 15 November 2005

(6) After regulation 52(6a) the following subregulations are

inserted —

44

(7) The dispenser of a drug of addiction may transfer a

prescription into the safe custody of another person if
the transfer is approved by the Commissioner of Health

under subregulation (7a).

(7a) The Commissioner of Health may, on the oral

application of the dispenser, give approval for the
dispenser to transfer the prescription to another person
by whom the drug can be dispensed in accordance with

these regulations.

By Command of the Lieutenant-Governor and Administrator,

G. M. PIKE, Clerk of the Executive Council.