Poisons Amendment Regulations (No. 6) 2010 (WA)

19 November 2010 GOVERNMENT GAZETTE, WA 5711

HE302*

Poisons Act 1964

Poisons Amendment Regulations (No. 6) 2010

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Poisons Amendment Regulations
(No. 6) 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) insert in alphabetical order:

endorsed optometrist means a person registered under
the Health Practitioner Regulation National Law
(Western Australia) in the optometry profession whose

(1) For the purpose of section 23(413) of the Act, endorsed
optometrist is prescribed as a class of endorsed health practitioner.

registration is endorsed under section 94 of that Law;
optometrist means a person registered under the Health
Practitioner Regulation National Law (Western

Australia) in the optometry profession;

5. Part 2A inserted
After regulation 2A insert:

Part 2A -Endorsed health practitioners

3A. Optometrists

5712 GOVERNMENT GAZETTE, WA 19 November 2010

(2)	For the purpose of section 23(413) of the Act, in relation to the class prescribed under subregulation (1), a medicine listed in the Endorsement for Scheduled Medicines Registration Standard for Optometrists Table 1 approved by the Australian Health Workforce Ministerial Council on 31 March 2010 is prescribed (a prescribed medicine).
(3)	Under section 23(4C)(a) of the Act, the authorisation given by section 23(413) of the Act is restricted -

(a)	in relation to a prescribed medicine, to possession, use, supply, sale or prescription in relation to topical use in the eye; and
(b)	in relation to phenylephrine, to phenylephrine with a maximum concentration of 5%.

3B.	Supply
An endorsed optometrist is not to be taken to be supplying within the meaning of these regulations if the endorsed optometrist uses a medicine prescribed under regulation 3A(2) in the lawful practice of his or her profession.

6.            Regulation 8A amended

In regulation 8A(5):

(a) in paragraph (d) delete a pharmacist." and insert:

a pharmacist; or

(b)	after paragraph (d) insert:
(e) an endorsed optometrist.
(c)	after each of paragraphs (a) and (b) insert: or

7. Regulation 21 amended
In regulation 21(1)(b) delete "post or dentist," and insert:

post, dentist or endorsed optometrist,

19 November 2010 GOVERNMENT GAZETTE, WA 5713

8. Regulation 36 amended
In regulation 36(l)(b) delete "dentist" and insert:

dentist, endorsed optometrist

9.            Regulation 36A amended

(1) In regulation 36A(2):

(a) delete "dentist" and insert:

dentist, endorsed optometrist

(b)	in paragraph (a) delete "dentist's" and insert: dentist's, endorsed optometrist's
(c)	in paragraph (c) delete "dentist" and insert: dentist, endorsed optometrist

(2) In regulation 36A(3):

(a) delete "dentist" and insert:

dentist, endorsed optometrist

(b) in paragraph (b) delete "dentist" and insert:

dentist, endorsed optometrist

(3) In regulation 36A(4) in the definition of emergency supplies

paragraph (b):
(a)	delete "dentist" and insert:

dentist, endorsed optometrist

(b) delete "dentists" and insert:

dentists, endorsed optometrists

10.          Regulation 36B amended

In regulation 3613(l) delete "dentist" and insert:

dentist, optometrist

5714 GOVERNMENT GAZETTE, WA 19 November 2010

11.          Regulation 37 amended

(1) In regulation 37(1):

(a) after paragraph (c) insert:

(da) a prescription issued by an endorsed

optometrist must include the words "For

optometrical treatment only";

(b) after paragraphs (a), (b) and (e) delete "and".

(2) In regulation 3 7(2) delete "dentist" and insert:

dentist, endorsed optometrist

12. Regulation 38 amended
In regulation 38:

(a) delete "dentist" and insert:

dentist, endorsed optometrist

(b) delete "or telegram" (first occurrence) and insert:

or other electronic means

(c) delete 'telephone or telegram," and insert:

telephone or other electronic means,

13.          Regulation 38AA amended

(1) In regulation 38AA(1): 

(a) delete "practitioner or a dentist.' and insert:

practitioner, dentist or endorsed optometrist,

(b) delete "practitioner or a dentist." and insert:

practitioner, dentist or an endorsed optometrist.

(2) In regulation 38AA(2) delete "practitioner or dentist" and insert:

practitioner. dentist or endorsed optometrist

19 November 2010 GOVERNMENT GAZETTE, WA 5715

14.          Regulation 40 amended

After regulation 40(1)(c) insert:

(da) an endorsed optometrist:

15.          Regulation 64 amended

(1)	In regulation 64(2), (3) and (4) delete "practitioner or a dentist" and insert:
practitioner, dentist or an endorsed optometrist
(2)	In regulation 64(5) delete "practitioner or nurse practitioner" and insert:
practitioner, nurse practitioner or an endorsed optometrist

By Command of the Governor,

PETER CONRAN, Clerk of the Executive Council.