Poisons Amendment Regulations (No. 3) 2010 (WA)

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26 March 2010 GOVERNMENT GAZETTE, WA 1145

HE301*

Poisons Act 1964

Poisons Amendment Regulations (No. 3) 2010

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Poisons Amendment Regulations
(No. 3) 2010.
1146 GOVERNMENT GAZETTE, WA 26 March 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 2 amended

In regulation 2(1) delete the definition of registered nurse and
insert:

registered nurse has the meaning given in the Nurses
and Midwives Act 2006 section 3;

5.             Regulation 2AAA inserted

After regulation 2 insert:

2AAA. Notes not part of regulations
Notes in these regulations are provided to assist
understanding and do not form part of the regulations.

6.             Regulation 37B inserted

After regulation 37A insert:

37B. Vaccines — exemption from specified provisions of
the Act

(1)

Under section 21A of the Act, a Schedule 4 poison is exempt from the operation of sections 23(1) and 32(c) of the Act and regulations 33 and 36 if —

(a) it is contained in a vaccine listed in Appendix B; and
(b) the vaccine is administered to a person by a registered nurse in the course of the nurse’s employment —

(i)      in the Department (as defined in the Hospitals and Health Services Act 1927 section 2(1)); or

(ii) Hospitals

by a board (as defined in the section 2(1));

and

26 March 2010 GOVERNMENT GAZETTE, WA 1147

(c)

the vaccine is administered in accordance with the code for the administration of the vaccine approved by the CEO and published on the department’s website.

Note:  The department’s website address is <
(2)  The exemption in subregulation (1) applies only to the extent that the provisions in respect of which it applies relate to the supply of a poison.

7.             Appendix B inserted

After Appendix A insert:

Appendix B — Vaccines exempt from specified

provisions of the Act

[r. 37B]

Vaccines

1.        Diphtheria toxoid

2.        Haemophilus B conjugate vaccine

3.        Haemophilus influenzae vaccine

4.        Hepatitis A vaccine, inactivated

5.        Hepatitis B vaccine

6.        Human papillomavirus vaccine, recombinant

7.        Influenza virus vaccine

8.        Measles vaccine, live

9.        Mumps vaccine, live

10.      Neisseria meningitidis vaccine

11.      Pertussis vaccine

12.      Pneumococcal vaccine

13.      Poliomyelitis vaccine

14.      Rotavirus vaccine, live, oral

15.      Rubella vaccine, live

1148 GOVERNMENT GAZETTE, WA 26 March 2010

16.      Tetanus toxoid

17.      Varicella zoster vaccine, live attenuated

By Command of the Governor,

R. KENNEDY, Clerk of the Executive Council.

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