Poisons Amendment Regulations (No. 2) 2010 (WA)

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5 March 2010 GOVERNMENT GAZETTE, WA 845

HE302*

Poisons Act 1964

Poisons Amendment Regulations (No. 2) 2010

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Poisons Amendment Regulations
(No. 2)2010.

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.

4.            Regulation 38A inserted

After regulation 37 insert:

38A. Prescriptions for poisons included in Schedule 4 for
patient discharged from public hospital
(1) In this regulation -
NIMC means the National Inpatient Medication Chart
developed by the Australian Council for Safety and
Quality in Health Care.
(2) An NIMC for a patient who is discharged from a public
hospital is to be taken to be a prescription for a
Schedule 4 poison that complies with regulation 37 for
the purposes of dispensing the Schedule 4 poison at the
public hospital on the discharge of the patient if—
for the Schedule 4 poison to be dispensed for

(a)

all the details in respect of the patient required by the NIMC have been completed; and

(b)

a medical practitioner or nurse practitioner has completed, in ink in his or her own hand writing, all the details in respect of the Schedule 4 poison required by the NIMC; and

(c)

a medical practitioner or nurse practitioner has written, in ink, an authorisation on the NIMC

846 GOVERNMENT GAZETTE, WA 5 March 2010

discharge, and dated and signed the

authorisation.

5. Regulation 41D amended
In regulation 41D(2) delete "(a) by" and insert:

(c) by

6.            Regulation 51 amended

(1) Delete regulation 51(113)(b) and insert:

(b) processed on an approved computer program

and have the information referred to in
subregulation (1 )(a)(iii), (iv) and (vi) written in

ink in the prescriber's own handwriting.

(2) After regulation 5 1(1B) insert:

(1C) In subregulation (1B) -

approved computer program means a computer

program that -

(a) complies with the criteria specified in Appendix L; or
(b) is recommended by the Poisons Advisory Committee and approved in writing by the CEO.

7.            Regulation 51AAA inserted

After regulation 51 in Subdivision 1 insert:

51AAA. Prescriptions for poisons included in Schedule 8 for

patient discharged from public hospital

(1) In this regulation -
NIMC means the National Inpatient Medication Chart
developed by the Australian Council for Safety and
Quality in Health Care.
(2) An NIMC for a patient who is discharged from a public
hospital is to be taken to be a prescription for a
Schedule 8 poison that complies with regulation 51 for
the purposes of dispensing the Schedule 8 poison at the
public hospital on the discharge of the patient if—

(a) all the details in respect of the patient required

by the NIMC have been completed; and

5 March 2010 GOVERNMENT GAZETTE, WA 847
(b) a medical practitioner has completed, in ink in his or her own hand writing, all the details in respect of the Schedule 8 poison required by the NIMC; and
(c) a medical practitioner has written, in ink, an authorisation on the NIMC for the Schedule 8 poison to be dispensed for discharge, and dated and signed the authorisation.

8.            Regulation 53A amended

Delete regulation 53A(1) and insert:

(1) A person shall not dispense a prescription for or supply upon a prescription any poison included in Schedule 8 unless —

(a) the prescription is issued electronically via an approved electronic prescribing system; or
(b) if the prescription is not issued electronically —

(i)     he or she is familiar with the prescriber's handwriting; or

(ii)     he or she has verified with the purported prescriber that the prescription was issued by him or her.

Note: The heading to amended regulation 53A is to read:

Dispensing poisons included in Schedule 8

By Command of the Governor.

PETER CONRAN, Clerk of the Executive Council.
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