Untitled document

Drugs, Poisons and Controlled Substances Amendment Regulations 2017

S.R. No. 13/2017

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

6New regulation 4A inserted

7Patient identity and therapeutic need to be determined for drugs of dependence—pharmacists

8Pharmacist administration, sale or supply authorised from within Victoria

9Requirements when supply of Schedule 4 poison is made on a residential medication chart

10Storage requirements

11Persons required to keep records

12Details to be contained in records

13Methods by which records are to be retained and retrieved

14Therapeutic need to be determined—pharmacists

15Requirements to supply

16Lost or stolen poisons to be notified

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Endnotes

STATUTORY RULES 2017

S.R. No. 13/2017

Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment Regulations 2017

The Governor in Council makes the following Regulations:

Dated: 27 March 2017

Responsible Minister:

JILL HENNESSY
Minister for Health

MONICA BIRD

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Drugs, Poisons and Controlled Substances Regulations 2006 to reflect the repeal of an instrument made under a Commonwealth Act in relation to residential medication charts.

2Authorising provisions

These Regulations are made under sections 129 and 132 of the Drugs, Poisons and Controlled Substances Act 1981.

3Commencement

These Regulations come into operation on 28 March 2017.

4Principal Regulations

In these Regulations, the Drugs, Poisons and Controlled Substances Regulations 2006[1] are called the Principal Regulations.

5Definitions

In regulation 4 of the Principal Regulations—

(a)for the definition of residential medication chart substitute—

"residential medication chart means a medication chart within the meaning of the Commonwealth Regulations that is kept in respect of a person who is receiving treatment as a resident;";

(b)the definition of National Health (Residential Medication Chart) Determination 2012 is revoked;

(c)insert the following definitions—

"chart instruction has the meaning given in regulation 4A;

Commonwealth Regulations means the National Health (Pharmaceutical Benefits) Regulations 1960 of the Commonwealth;".

6New regulation 4A inserted

After regulation 4 of the Principal Regulations insert—

"4A   Meaning of chart instruction

(1)A chart instruction is an order—

(a)that provides for a person to be treated with a Schedule 3 poison or Schedule 4 poison; and

(b)that is given by complying with the procedure set out in the Commonwealth Regulations for writing a medication chart prescription within the meaning of those Regulations.

(2)An order may be a chart instruction—

(a)whether or not the Schedule 3 poison or Schedule 4 poison in respect of which the order is given is a pharmaceutical benefit within the meaning of the Commonwealth Regulations; and

(b)whether or not the person who writes the instruction is a PBS prescriber within the meaning of the Commonwealth Regulations.

Note

Under the Commonwealth Regulations, an instruction that is not for a pharmaceutical benefit, or that is not given by a PBS prescriber, is not a medication chart prescription.".

7Patient identity and therapeutic need to be determined for drugs of dependence—pharmacists

In regulation 12(1) of the Principal Regulations, for "on a residential medication chart completed by" substitute "on a chart instruction that is given on a residential medication chart by".

8Pharmacist administration, sale or supply authorised from within Victoria

For regulation 15(1)(ea) of the Principal Regulations substitute—

"(ea)in the case of a Schedule 4 poison for a resident, on a chart instruction that is given on a residential medication chart by a registered medical practitioner if the pharmacist has seen the material that, under regulation 21A(2) of the Commonwealth Regulations, an approved supplier must see before supplying a pharmaceutical benefit on the basis of a medication chart prescription; or".

9Requirements when supply of Schedule 4 poison is made on a residential medication chart

In regulation 30A of the Principal Regulations, for "on a residential medication chart for a resident" substitute "on a chart instruction that is given on a residential medication chart".

10Storage requirements

For regulation 36(2)(b)(ii)(A) and (B) of the Principal Regulations substitute—

"(A)with a Schedule 4 poison, a Schedule 8 poison or a Schedule 9 poison on a prescription; or

(B)with a Schedule 4 poison on a chart instruction that is given on a residential medication chart.".

11Persons required to keep records

For regulation 39(d)(ii)(A) and (B) of the Principal Regulations substitute—

"(A)with a Schedule 4 poison, a Schedule 8 poison or a Schedule 9 poison on a prescription; or

(B)with a Schedule 4 poison on a chart instruction that is given on a residential medication chart; and".

12Details to be contained in records

In regulation 40(1)(ca) of the Principal Regulations, for "on a residential medication chart" substitute "on a chart instruction that is given on a residential medication chart".

13Methods by which records are to be retained and retrieved

In regulation 41(6) of the Principal Regulations, for "or a residential medication chart" substitute "or on a chart instruction that is given on a residential medication chart".

14Therapeutic need to be determined—pharmacists

For regulation 61(ab) of the Principal Regulations substitute—

"(ab)on a chart instruction that is given on a residential medication chart by a registered medical practitioner; or".

15Requirements to supply

For regulation 63(3)(a) of the Principal Regulations substitute—

"(a)on the prescription of a registered medical practitioner; or

(ab)on a chart instruction that is given on a residential medication chart by a registered medical practitioner; or".

16Lost or stolen poisons to be notified

For regulation 70(2)(e)(ii)(A) and (B) of the Principal Regulations substitute—

"(A)with a Schedule 4 poison, a Schedule 8 poison or a Schedule 9 poison on a prescription; or

(B)with a Schedule 4 poison on a chart instruction that is given on a residential medication chart.".

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Endnotes

[1] Reg. 4: S.R. No. 57/2006. Reprint No. 2 as at 21 October 2016. Reprinted to S.R. No. 134/2016. Extended in operation by S.R. No. 42/2016.