Poisons Amendment Regulations (No. 4) 2007 (WA)

4961 GOVERNMENT GAZETTE, WA 2 October 2007

(No. 4) 2007.

HE302*

Poisons Act 1964

Poisons Amendment Regulations (No. 4) 2007

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Poisons Amendment Regulations

2 October 2007 GOVERNMENT GAZETTE, WA 4965

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.            The regulations amended

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

4.            Regulation 36AA amended

Regulation 36AA(6) is amended by inserting after "health service," -

signed, ".

5.            Regulation 36AAB inserted

After regulation 36AA the following regulation is inserted

36AA B. Provision of "psychiatric emergency packs" by

certain registered nurses

(1) In this regulation -

"approved name" has the meaning given in

regulation 35C;

"Community Emergency Response Team" means a

service, provided by a public hospital, that -

(a)	is provided in the metropolitan region; and
(b)	responds to psychiatric emergencies in the community; and
(c)	is designated by the CEO for the purposes of this definition;
"metropolitan region" has the meaning given in

section 4 of the Planning and Development

Act 2005;

"psychiatric emergency pack" means a pack,

approved by the CEO for the purposes of this
regulation and prepared by a pharmaceutical
chemist, containing a quantity of a poison included

in Schedule 4 that -

(a)	if the poison is supplied in prepacked individual packs - is one individual standard pack; or
(b)	if the poison is a liquid - is the smallest pack of the poison available from the manufacturer; or
(c)	otherwise - does not exceed 3 days worth of medication of the poison;

4966 GOVERNMENT GAZETTE, WA 2 October 2007

"Rural Community Mental Health Team" means a

service, provided by a public hospital, that -

(a)	is provided outside the metropolitan region; and
(b)	responds to psychiatric emergencies in the community; and
(c)	is approved by the CEO for the purposes of this definition;

"team medical practitioner" means a medical

practitioner who is a member of a Community
Emergency Response Team or a Rural Community

Mental Health Team;

"team psychiatrist" means a psychiatrist who is a

member of a Community Emergency Response
Team or a Rural Community Mental Health Team;

"team registered nurse" means a registered nurse who is a member of a Community Emergency Response Team or a Rural Community Mental Health Team.

(2) A team registered nurse may give a psychiatric

emergency pack to a patient, other than an in-patient, if
instructed to do so by a team psychiatrist or a team
medical practitioner, who need not be present with the

nurse at the time of giving the instruction.

(3) The instruction may be given orally.

(4) The psychiatrist or medical practitioner must not give

the instruction unless satisfied that the patient is in need of urgent psychiatric intervention and it is not practical for the patient to obtain the medication

contained in the pack in any other way.

(5)	For the purposes of subregulation (4), the psychiatrist
or medical practitioner may rely on the information
given by the nurse about the patient's condition.

(6) Before giving the psychiatric emergency pack to the

patient the nurse must -

(a)	ensure that the pack has been labelled in accordance with subregulation (9); and
(b)	record in the Emergency Pack Supply Book the information required by subregulation (11).

(7) Within 72 hours of giving the instruction the

psychiatrist or medical practitioner must give the nurse,
or another team member, signed, written confirmation

of the instruction including -

(a) the name of the psychiatrist or medical

practitioner; and

2 October 2007 GOVERNMENT GAZETTE, WA 4967

(b) the name of the nurse to whom the instruction

was given; and

(c) the name of the patient; and

(d) the date and time when the instruction was

given; and

(e) details of the psychiatric emergency pack; and (f) any directions for use that were to be given to

the patient; and

(g) any other information that the psychiatrist or

medical practitioner considers relevant.

(8) A person in charge of a Community Emergency

Response Team or a Rural Community Mental Health

Team must -

(a)	keep all written confirmations given under subregulation (7) for at least 2 years; and
(b)	produce them on demand to any person authorised under the Act to demand production of such records.

(9) A psychiatric emergency pack must be labelled in

English with -

(a) the words "keep out of reach of children"; and
(b) the name of the patient; and

(c) the name and address of the Community

Emergency Response Team or the Rural

Community Mental Health Team; and

(d) in relation to the poison in the psychiatric

emergency pack -

(i)     the approved name and strength or amount of the poison; or

(ii)	if the brand name uniquely identifies the
strength of the poison - that brand name;

and

(e) the total quantity of each medication contained

in the psychiatric emergency pack; and

(0	the date on which the psychiatric emergency
pack was given to the patient; and

(g) any directions for use given by the psychiatrist

or medical practitioner; and

(h) the number referred to in subregulation (1 1)(f) identifying the relevant entry in the Emergency Pack Supply Book; and

(i) any relevant cautionary or advisory statements

set Out in Appendix K to the SUSDP.

4968 GOVERNMENT GAZETTE, WA 2 October 2007

(10) A person in charge of a Community Emergency

Response Team or a Rural Community Mental Health

Team must —

(a)	maintain an Emergency Pack Supply Book for that Team consisting of handwritten records in a book with sequentially numbered pages; and
(b)	keep the Emergency Pack Supply Book for at least 2 years after the last entry is made in it; and
(c)	produce the Emergency Pack Supply Book on demand to any person authorised under the Act to demand production of such records.

(11) The information to be recorded in the Emergency Pack

Supply Book is —

(a) the name and address of the patient; and

(b) in relation to the poison in the psychiatric

emergency pack —

(i)      the approved name and strength or amount of the poison; or

(ii)      if the brand name uniquely identifies the strength of the poison — that brand name;

and

(c) the date and time at which the psychiatric

emergency pack is to be given to the patient;

and

(d) the name of the psychiatrist or medical

practitioner who gave the instruction; and

(e) any directions for use given by the psychiatrist

or medical practitioner; and

(f) a unique number identifying the entry in the Book; and

(g) the nurse's name and signature.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.