Poisons Amendment Regulations 2013 (TAS)

Poisons Amendment Regulations 2013

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Poisons Act 1971 .17 June 2013

PETER G. UNDERWOOD

Governor

By His Excellency’s Command,

MICHELLE O’BYRNE

Minister for Health

1Short titleThese regulations may be cited as the Poisons Amendment Regulations 2013 . 2CommencementThese regulations take effect on 1 July 2013. 3Principal RegulationsIn these regulations, the Poisons Regulations 2008 are referred to as the Principal Regulations. 4Regulation 3 amended (Interpretation) Regulation 3(1) of the Principal Regulations is amended by inserting after the definition of patient the following definition: PBS medication chart means a standardised medication chart that meets the requirements set out in sections 2.02 – 2.14 of the National Health (Residential Medication Chart) Determination 2012 issued under section 93A(2) of the National Health Act 1953 of the Commonwealth; 5Regulation 41 amended (Prescriptions for restricted substances) Regulation 41 of the Principal Regulations is amended as follows: (a) by omitting subregulation (6) and substituting the following subregulation: (6)  A prescription is to be taken, for the purposes of these regulations, to have been issued in accordance with subregulation (4) if the address of the patient, as shown on the prescription for a restricted substance issued by a medical practitioner, eligible midwife, authorised nurse practitioner or authorised optometrist, is a medical institution and – (a) in place of adequate directions for use, the prescription includes a notation to the effect that the restricted substance is to be used as directed; or (b) the prescription is issued on a PBS medication chart and the following fields have been completed by a medical practitioner: (i) name, dosage, form and strength of restricted substance; (ii) date of prescribing; (iii) dose; (iv) frequency of administration; (v) route of administration. (b) by omitting from subregulation (7) " subregulation (6) " and substituting " subregulation (6)(a) ". 6Regulation 43A insertedAfter regulation 43 of the Principal Regulations , the following regulation is inserted in Division 2: 43AContinued dispensing without prescription in specified circumstances (1)  Notwithstanding regulation 41(4) and regulation 43 , a pharmaceutical chemist may supply up to, and including, the maximum single Pharmaceutical Benefit Listed quantity of an eligible restricted substance on the basis of a previous prescription if – (a) a valid prescription is unavailable; and (b) the supply is in accordance with the circumstances specified in the National Health (Continued Dispensing) Determination for that eligible restricted substance. (2)  For the purposes of subregulation (1)  – eligible restricted substance means – (a) oral hormonal contraceptives for systemic use that are set out within the National Health (Continued Dispensing) Determination; and (b) HMG-CoA Reductase Inhibitors ("Statins") that are set out within the National Health (Continued Dispensing) Determination; maximum single Pharmaceutical Benefit Listed quantity, in respect of an eligible restricted substance, means the maximum quantity specified for that substance in the Schedule of Pharmaceutical Benefits for Approved Pharmacists and Medical Practitioners published under Part VII of the National Health Act 1953 of the Commonwealth; National Health (Continued Dispensing) Determination means the National Health (Continued Dispensing) Determination 2012 issued under section 89A(3) of the National Health Act 1953 of the Commonwealth, as amended from time to time. 7Regulation 46 amended (Dispensing prescriptions for restricted substances (S4)) Regulation 46 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) " subregulations (2) and (3) " and substituting " subregulations (2) , (2A) and (3) "; (b) by inserting the following subregulation after subregulation (2) : (2A)  A person may only dispense a restricted substance in accordance with a PBS medication chart, that is taken to be a prescription under regulation 41(6)(b) for the restricted substance, for up to 3 months from the date of the prescription. 8Regulation 49 amended (Supply of restricted substance in medical institution) Regulation 49 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1)(e)(i) " Part VI of the National Health Act 1953 " and substituting " Part VII of the National Health Act 1953 "; (b) by inserting the following subregulation after subregulation (3) : (4)  This regulation does not apply in respect of a substance that has been dispensed in accordance with a PBS medication chart that complies with regulation 41(6)(b) .

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 26 June 2013

These regulations are administered in the Department of Health and Human Services.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations amend the