Poisons Amendment Regulations (No. 4) 2012 (WA)

10 August 2012 GOVERNMENT CT:1ZETTE , WA 803

HE3D1*

Poisons Act 1964

Poisons Amendment Regulations (No. 4) 2012

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Poisons Amendment Regulations
(No. 4) 2012.

2.             Commencement

These regulations come into operation as follows —

(a) regulations I and 2 on the day on hich these

regulations are published in the Gazelle;

(b) the rest of the regulations on the day after that day.

3804 GOVERNMENT GAZETTE. WA 10 August 2012

3.             Regulations amended

These regulations amend the Poisons Regu/uiions 196.5.

4.             Regulation 36 amended

(1) After regulation 36(1)(c) insert:

(da) in the case of a poison that is referred to in the

Nat i onal Ileal th (Continued Dis pens i ngg
Deternrinuiion 2012 (Commonwealth)
Schedule 1 as in force on I .lulu 2012 —

(i)  the poison is sold or supplied by a

pharmacist; and

(ii) the pharmacist selling or supplying the

poison is satisfied on reasonable
grounds that

(1) the person to whom the poison is sold or supplied (the patient) is under regular medical

treatment with the poison; and

(II)	it is not practical for the patient to obtain a prescription for the poison in sufficient time to
allow for the treatment to continue uninterrupted; and
(III)	the patient has not been supplied with the poison without a prescription in the period of 12 months preceding, the day on hich the poison is sold or supplied;

and

(iii)	the quantity of the poison sold or
supplied to the patient is not more than
that required to provide 30 days treatment; and
(iv)
the pharmacist notifies the person who poison ithin 24 hours of the sale or supply;
or

10 August 2012 GOVERNMENT GAZETTE. WA :3805

(2) After re^ . ulation 36(3) insert:

(4A) A pharmacist w ho sells or supplies a poison in

Schedule 4 under suhreulation (1)(da) must enter the following information into the Prescription Book referred to in subregulation 3(c) —

(a)	the name and quantity of the poison;
(b)	the direction for use (if applicable);
(c)	the date of sale or supply of the poison;
(d)	the name and address of'the patient;
(e)	the name and identifying initials of the person

who• is medically treating the patient with the

poison;

(f) an identifying letter or combination of letter and number for the entry.

5. Regulation 37C inserted
After reulation 37B insert:

37C. Schedule 4 poisons, exemptions in connection with
public health prof;r.icomes

(1) Under section 21 A of the Act. a Schedule 4 poison

described in an item in the Table is exempt from the operation of sections 23(1) and 32(c) of the Act and reulations 33 and 36 if

(a) the poison is administered for treatment of a condition referred to in the same item of the Table through a public health programme approved by the CEO; and

(b)	the poison is administered to a person by a registered nurse w ho has qualifications approved by the CEO for the purposes of the public health programme; and
(c)	the poison is administered in accordance with a code for the administration of the poison approved by the CEO in connection •ith the public health programme and published on the
department's

• ebsite.

Note: The department's website address is < =.

380 GOVERNMENT GAZETTE. W:'1 10 August 2012

Table

Item	Description of poisons	Condition
1 .	azitllromycin.	sexually transmitted
amoxicillin and	disease
prohenecid contained in a single oral dose pack
2.	aLitllrc)m\ L.in	ti"'IC11 ) mLl

(2) The exemption in suhregulation (1) applies only to the extent that the provisions in respect of •hich it applies relate to the supply of a poison.

6.              Regulation 38B inserted

After regulation 381 insert:

38B.	NRMCS to be taken to be lawful prescriptions
(1)	In this regulation NRMC means the National Residential Medication Chart developed by the Australian Council for Safety and Quality in Health Care; residential ctt e facilit}' means any premises used to provide residential care to care recipients by an approved provider as defined in the Aged Care Act 1997 (Commonwealth).
(2)	An NRMC for a person who is a care recipient in a residential care facility is to be taken to he a prescription for a Schedule 4 poison that complies ith regulation 37 fbr the purposes of dispensing the poison
for the use of the person if

(a)	all the details in respect of the person required by the NRMC have been completed; and
(b)	a medical practitioner. nurse practitioner or authorised health 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 NRMC.

7.             Regulation 52 amended

(1) In regulation 52(2) delete "podiatrist" (each occurrence) and

insert:

podiatrist.

10 August 2012 GOVERNMENT CT1ZETTE. WA 807

(2) In regulation 52(3)(a)(ii) delete "podiatrist" and insert:

podiatrist,

8.             Regulation 56 amended

(1)	In re^pulation 56(2)(a) delete "42(1); or" and insert
42(1) or (2A); or
(2)	In regulation 56(3)(d) delete "midwife" (each occur ence) and insert:
midwife,

By Command of the Governor,

R. KENNEDY. Clerk of the Executive Council.

LOCAL GOVERNMENT

LG3o1*

Dog Act 1976

Shire of Kellerherrin Dogs Repeal Local

Law 2012

Made by the Governor in Executive Council under section 49B(1) of the
Act.

1.            Citation

This local law is the Shire of'Kellerberrin Dogs Repeal Local

Law 2012.

2. Commencement niencement

This local la• comes into operation as follows

(a) clauses 1 and 2 — on the day on which this local law is

published in the Gazette;