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Drugs, Poisons and Controlled Substances Amendment (Sodium Oxybate) Regulations 2015

S.R. No. 14/2015

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Principal Regulations

4New regulation 21B inserted

5Regulation 22A amended

6Regulation 22B amended

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Endnotes

STATUTORY RULES 2015

S.R. No. 14/2015

Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances Amendment (Sodium Oxybate) Regulations 2015

The Governor in Council makes the following Regulations:

Dated: 10 March 2015

Responsible Minister:

JILL HENNESSY
Minister for Health

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Drugs, Poisons and Controlled Substances Regulations 2006 to regulate the supply of sodium oxybate following its entry in the Poisons Standard.

2Authorising provisions

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

3Principal Regulations

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

4New regulation 21B inserted

After regulation 21A of the Principal Regulations insert—

"21B   Permit required in particular circumstances for supply of sodium oxybate

For the purposes of preventing the improper use of sodium oxybate, a registered medical practitioner or nurse practitioner must not administer, supply or prescribe sodium oxybate in circumstances where the registered medical practitioner or nurse practitioner is not required to hold a Schedule 8 permit unless the registered medical practitioner or nurse practitioner—

(a)has a permit from the Secretary authorising that registered medical practitioner or nurse practitioner to administer, supply or prescribe sodium oxybate; or

(b)is authorised by section 34D, 34E or 34F of the Act to administer, supply or prescribe sodium oxybate.

Penalty:100 penalty units.".

5Regulation 22A amended

(1)In the heading to regulation 22A of the Principal Regulations, after "21A" insert ", 21B".

(2)After regulation 22A(2) of the Principal Regulations insert—

"(2A)The prescribed form of an application for a permit required under regulation 21B authorising the administration, supply or prescription of sodium oxybate is the form of DP2A in Schedule 2.".

6Regulation 22B amended

(1)After regulation 22B(2) of the Principal Regulations insert—

"(2A)On receiving an application for a permit under regulation 21B, the Secretary may issue a Schedule 8 permit to a registered medical practitioner or nurse practitioner authorising the practitioner to administer, supply or prescribe sodium oxybate to or for a person who is not a drug-dependent person.".

(2)In regulation 22B(4) and (5) of the Principal Regulations, after "(2)" insert ", (2A)".

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Endnotes

[1] Reg. 3: S.R. No. 57/2006. Reprint No. 1 as at 16 June 2011. Reprinted to S.R. No. 131/2010. Subsequently amended by S.R. Nos 136/2012, 50/2013, 107/2013, 108/2013 and 194/2014.