Poisons Amendment Regulations (No. 2) 2009 (WA)
21 April 2009 GOVERNMENT GAZETTE, WA 1359 HE301*
Poisons Act 1964
Poisons Amendment Regulations (No. 2) 2009
Made by the Governor in Executive Council under section 64 of the Act.
1. Citation
These regulations are the Poisons Amendment Regulations
(No. 2) 2009.2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day. 3. Regulations amended
These regulations amend the Poisons Regulations 1965.
prescriber under regulation 51C(1);
4. Regulation 48 amended
In regulation 48(1) delete -4- and insert: 3
5. Regulation 51A replaced
Delete regulation 51A and insert:
51A. Terms used
(1) In this Subdivision — authorised prescriber means a medical practitioner
who is designated by the CEO as an authorised
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drug addict means a person who -
(a) is under a state of periodic or chronic intoxication produced by consumption of a drug of addiction or any substitute; or (b) is under a desire or craving to take a drug of addiction or any substitute until he or she has so satisfied that desire or craving; or (c) is under a psychic or physical dependence to take a drug of addiction or any substitute; or (d) is listed in the register of information kept under the Drugs ofAddiction Notification Regulations 1980; pharmacotherapy means methadone or buprenorphine, or the salts of those substances, and any preparation or admixture containing those substances, or the salts of
those substances;
pharmacy means a pharmacy registered under thePharmacy Act 1964;
Policies Manual means the "Clinical policies and
procedures for the use of methadone and
buprenorphine in the treatment of opioid dependence",
published by the Drug and Alcohol Office Western
Australia from time to time;
specialist prescriber means an authorised prescriber
who is designated by the CEO as a specialist prescriberunder regulation 5 1C(2).
(2) In this Subdivision, a reference to prescribing a drug of
addiction or a pharmacotherapy is a reference to
writing, issuing or authorising a prescription or
document prescribing the use, sale or supply of thedrug of addiction or pharmacotherapy.
6. Regulation 51AA amended
In regulation 5 1AA:
(a) delete "shall," and insert: must,
(b) after "he" insert:
or she
21 April 2009 GOVERNMENT GAZETTE, WA 1361 7. Regulations 51B to 51E replaced
Delete regulations 5 1 to 5 1E and insert:
51B. Prescription and supply in accordance with this
Subdivision - general provision (1) A person must not prescribe or supply a drug of
addiction for the treatment of a person who is a drug
addict unless the person is authorised to do so under
this Subdivision.(2) A person who is authorised under this Subdivision to
prescribe or supply a drug of addiction for the
treatment of a drug addict must do so in accordance
with the Policies Manual, except to the extent to which
an authorisation, designation or appointment of the
person under this Subdivision is inconsistent with the
manual.51 BA. Prescribing drugs of addiction for drug addicts
other than for the treatment of drug addiction
(1) A medical practitioner or dentist may administer a drug of addiction for the treatment of a person who is a drug addict.
(2) A medical practitioner or dentist may prescribe or
supply a drug of addiction for the treatment of a person
who is a drug addict if the medical practitioner ordentist -
(a)
has been authorised by the CEO under this subregulation to do so for that drug addict; and
(b) does so in accordance with the authorisation.
(3) Subregulations (1) and (2) do not authorise a medical practitioner or dentist to prescribe or supply a
pharmacotherapy for the treatment of the drug
addiction of a person who is a drug addict.
51C. Designation of authorised prescribers and specialist
prescribers(1) The CEO may designate a medical practitioner as an
authorised prescriber for the purposes of this
Subdivision.(2) The CEO may designate an authorised prescriber as a
specialist prescriber for the purposes of this
Subdivision.
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51CA. Appointment of medical practitioner as authorised
prescriber for a drug addict
(1) The CEO may appoint an authorised prescriber to be
the authorised prescriber for a person who is a drug
addict.(2) The appointment as the authorised prescriber for a
person is for the period specified in the instrument of
appointment.(3) The instrument of appointment must be given to the
authorised prescriber.51CB. Appointment of co-prescriber for a drug addict
(1) A specialist prescriber who is the authorised prescriber
for a person who is a drug addict may appoint a
medical practitioner (who need not be an authorisedprescriber) to be a co-prescriber for the person.
(2) The appointment as a co-prescriber -
(a) is for the period specified in the instrument of 12 months; and
(b) ceases on the earlier of- (i) the end of the period of appointment; or
(ii) the specialist prescriber ceasing to be the authorised prescriber for the person.
(3) The instrument of appointment must be given to the
co-prescriber and a copy must be given to the CEO.
5 iCC. Designations, authorisations and appointments
general rules
A designation, authorisation or appointment of a
person under this Subdivision - (a) must be in writing; and (b) may be subject to conditions; and (c)
may be amended, suspended or revoked at any time.
51D.
Prescribing pharmacotherapies for the treatment of the drug addiction of a drug addict— general rules
(1) A medical practitioner may prescribe a
pharmacotherapy for the treatment of the drug
addiction of a person who is a drug addict if themedical practitioner -
(a) is an authorised prescriber; and (b)
is appointed as the authorised prescriber for the person; and
(c) does so in accordance with that appointment.
21 April 2009 GOVERNMENT GAZETTE, WA 1363 (2) A medical practitioner may prescribe a
pharmacotherapy for the treatment of the drug
addiction of a person who is a drug addict if themedical practitioner -
(a) is an authorised prescriber; and (b)
is a member of the same medical practice as the authorised prescriber appointed for the person; and
(c)
has access to the medical records of the practice relating to the person; and
(d)
does so in accordance with the appointment of the authorised prescriber for the person.
(3) A medical practitioner may prescribe a
pharmacotherapy for the treatment of the drug
addiction of a person who is a drug addict if themedical practitioner -
(a) is a co-prescriber for the person; and (b) does so in accordance with - (i) his or her appointment as a co-prescriber; and
(ii) the appointment of the authorised prescriber for the person.
(4) A medical practitioner may prescribe a
pharmacotherapy for the treatment of the drug
addiction of a person who is a drug addict if themedical practitioner -
(a)
is a member of the same medical practice as a co-prescriber for the person; and
(b)
is satisfied that the co-prescriber for the person is absent from the medical practice or is
otherwise unable to prescribe a pharmacotherapy for the treatment of the drug addiction of the person; and (c) has access to the medical records of the practice relating to the person; and (d) does so in accordance with - (i) the appointment of the co-prescriber for the person; and
(ii) the appointment of the authorised prescriber for the person.
(5) A prescription for the supply of a pharmacotherapy -
(a)
under subregulation (3) - may not cover a period of more than 3 months; or
(b)
under subregulation (4) - may not cover a period of more than one month.
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51DA. Prescribing pharmacotherapies for the treatment of
the drug addiction of a drug addict - in a hospital
(1) A medical practitioner may prescribe a
pharmacotherapy for the treatment of the drug
addiction of a person who is a patient in a hospital andwho is a drug addict if—
(a)
an authorised prescriber is appointed for the person; and
(b)
the medical practitioner is satisfied that it is safe to prescribe a pharmacotherapy for the person; and
(c)
the medical practitioner does so in accordance with the appointment of the authorised prescriber for the person.
(2) Subregulation (1) does not authorise the medical
practitioner to prescribe a pharmacotherapy unless it
will be administered to the person while the person is a
patient in the hospital.
(3) For the purposes of this regulation, a person is a patient in a hospital while the person is admitted as a patient to the hospital.
(4) A prescription for the supply of a pharmacotherapy
under this regulation may not cover a period of more
than one month.
51DB. Prescribing pharmacotherapies for the treatment of
the drug addiction of a drug addict - in custody
(1) A medical practitioner may prescribe a
pharmacotherapy for the treatment of the drug
addiction of a person who is in custody and who is adrug addict if—
(a)
an authorised prescriber is appointed for the person; and
(b)
the medical practitioner is satisfied that it is safe to prescribe a pharmacotherapy for the person; and
(c)
the medical practitioner does so in accordance with the appointment of the authorised prescriber for the person.
(2) Subregulation (1) does not authorise the medical
practitioner to prescribe a pharmacotherapy unless it will be administered to the person while the person is in custody.
(3) A prescription for the supply of a pharmacotherapy
under this regulation may not cover a period of more
than one month.
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51DC. Prescribing pharmacotherapies for the treatment of
the drug addiction of a drug addict - interim
prescriptions
(1) A specialist prescriber may prescribe a
pharmacotherapy for the treatment of the drug addiction of a person who is a drug addict if—
(a) an authorised prescriber is appointed for the person; and (b) the specialist prescriber - (i) is satisfied that the person is unable to obtain a prescription for a pharmacotherapy under regulation 51 D, 5.1 DA or 51DB; and
(ii) is satisfied that it is safe to prescribe a pharmacotherapy for the person; and
(iii) does so in accordance with the appointment (whether or not it has ceased) of the authorised prescriber for the person.
(2) The specialist prescriber must, as soon as is
practicable, notify the CEO, and (where relevant) the
authorised prescriber for the person, of having
prescribed a pharmacotherapy for a person under thisregulation.
(3) A prescription for the supply of a pharmacotherapy
under this regulation may not cover a period of more
than one month.
51E. Dispensing drugs of addiction from a pharmacy A pharmaceutical chemist or an assistant under the direct personal supervision of a pharmaceutical chemist
may dispense a drug of addiction, other than a pharmacotherapy, to a person who is a drug addict.
51EA. Dispensing pharmacotherapies from a pharmacy
(1) The CEO may authorise the dispensing of
pharmacotherapies at a pharmacy.(2) A pharmaceutical chemist or an assistant under the
direct personal supervision of a pharmaceutical chemist
may dispense a pharmacotherapy to a person who is a
drug addict if the pharmaceutical chemist or assistant
does so in accordance with an authorisation governing
the dispensing of pharmacotherapies at the pharmacy.(3) Pharmacotherapies cannot be dispensed at a pharmacy
unless there is an authorisation applying to the
dispensing of pharmacotherapies at the pharmacy.
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8. Part 6 Division 2 Subdivision 2A heading inserted Before regulation 5 IF insert:
Subdivision 2A - Supply and prescription of Schedule 8
poisons to persons other than drug addicts
9. Regulation 51GAA amended
In regulation 51 GAA delete "Despite regulations SiB and 51 F, a medical" and insert:
A medical
10. Regulation 51GB amended
In regulation 51 GB( 1) delete "Notwithstanding regulations SiB to 5 IF, a medical" and insert:
A medical
11. Part 8 inserted
After regulation 65 insert:
Part 8 - Transitional provisions
Division 1 - Transitional provisions relating to the Poisons Amendment Regulations (No. 2) 2009
66. Terms used
In this Division -
commencement day means the day on which this Division comes into operation;
prescription means a prescription or document
prescribing the use, sale or supply of a drug of
addiction.67. Authorisation to prescribe drugs of addiction
(1) This regulation applies to a person
(a) who was authorised under regulation 51 B( 1) (as in force before commencement day) in relation to a drug addict; and (b) old authorisation) whose authorisation (the commencement day.
21 April 2009 GOVERNMENT GAZETTE, WA 1367 (2) The person becomes, on commencement day, a person authorised by the CEO under regulation 5 1BA(2) for that drug addict on the same terms and conditions as, and (subject to these regulations) for the remainder of the term of, the old authorisation.
68. Authorisation to prescribe pharmacothera pies
(1) This regulation applies to a person -
(a) who was authorised under regulation 5 1C (as in force before commencement day) in relation to a drug addict; and (b) old authorisation) whose authorisation (the commencement day.
(2) The person becomes, on commencement day, a person appointed by the CEO under regulation 51CA(1) to be the authorised prescriber for that drug addict on the
same terms and conditions as, and (subject to these
regulations) for the remainder of the term of, the old
authorisation.69. Prescriptions
Nothing in regulations SiB to 51 EA as inserted by the Poisons Amendment Regulations (No. 2) 2009 (the new provisions), prevents a prescription that was written, issued or authorised before commencement day from being dealt with under these regulations as if it had been written, issued or authorised under the new provisions.
70. Dispensing drugs of addiction from a pharmacy
Regulation SiB (as inserted by the Poisons Amendment
respect of a pharmacy until the end of the 12 months Regulations (No. 2) 2009) does not apply to or in after commencement day.
By Command of the Governor,
PETER CONRAN, Clerk of the Executive Council.
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