Poisons Amendment Regulations 1999
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Poisons Act 1971 .
13 December 1999G. S. M. GREEN
Governor
By His Excellency's Command,
JUDY JACKSON
Minister for Health and Human Services
These regulations may be cited as the Poisons Amendment Regulations 1999 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Poisons Regulations 1975 are referred to as the Principal Regulations.
4. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is amended by inserting after the definition of "drug" the following definition:drug therapy chart means a document prepared by a medical practitioner or dentist authorising the administration of a scheduled substance to a person;
5. Regulation 7 amended (Fees)
Regulation 7 of the Principal Regulations is amended by inserting "annual" before "fees".
6. Regulation 16 amended (Prescription for certain narcotic substances to be issued only on authority of Secretary)
Regulation 16 of the Principal Regulations is amended by inserting after paragraph (ba) the following paragraph:(bb) fentanyl in patches for transdermal delivery, except in the case of a patient with cancer;
7. Regulation 17 amended (Dispensing of narcotic substances (S8))
Regulation 17 of the Principal Regulations is amended by inserting after subregulation (2) the following subregulations:(2AA) Subregulation (2) does not apply if a person approved by the Secretary authorises the prescription to be transferred to another pharmacy.(2AB) An authorisation may be –(a) oral or written; and(b) subject to conditions.
8. Regulation 31 amended (Storage of poisons, &c.)
Regulation 31(1A) of the Principal Regulations is amended by inserting ", medical practitioner, dentist or veterinary surgeon" after "chemist".
After regulation 34AB of the Principal Regulations, the following regulation is inserted:34AC. Supply of restricted substance in medical institution
(1) For the purposes of section 38(1)(b) of the Poisons Act 1971 , a pharmaceutical chemist may sell or supply a restricted substance to a resident of, or patient in, a medical institution, otherwise than in accordance with a prescription of a medical practitioner, dentist or veterinary surgeon, if –(a) a valid prescription does not exist; and(b) the substance is included on the drug therapy chart of the resident or patient and the chemist has seen the chart or a copy of it; and(c) the chemist is satisfied that the sale or supply of the substance is necessary for the continued treatment of the resident or patient; and(d) the chemist makes a record in an approved recording system of –(i) the name of the medical practitioner, dentist or veterinary surgeon supplying the substance and the person to whom it is sold or supplied; and(ii) the name and amount of the substance sold or supplied; and(iii) the basis on which the substance is sold or supplied; and(e) the amount of the substance supplied does not exceed the smallest practicable amount and in any case does not exceed –(i) if the substance is included in the Schedule of Pharmaceutical Benefits for Approved Pharmacists and Medical Practitioners published by the Australian Government Publishing Service, the maximum quantity specified in that Schedule; or(ii) if the substance is not included in that Schedule, one month's supply.(2) Only one sale or supply of the substance may be made to the resident or patient under subregulation (1) .(3) If a restricted substance is supplied under this regulation, the doctor responsible for preparing the drug therapy chart must send to the chemist, within 24 hours after the supply, a prescription that –(a) complies with regulation 32(2); and(b) clearly states that it is in authorisation of the supply, otherwise than in accordance with a prescription, by that chemist of the restricted substance.
10. Regulation 34D amended (Supply of Schedule 3 substances by pharmaceutical chemists)
Regulation 34D of the Principal Regulations is amended as follows:(a) by omitting from paragraph (c) of subregulation (1) "principal." and substituting "principal; or";(b) by inserting after paragraph (c) of subregulation (1) the following paragraph:(d) the supply is made to a person or class of persons approved by the Secretary as having sufficient expertise to administer the substance.
11. Regulation 34DA amended (Administration of salbutamol (S3))
Regulation 34DA of the Principal Regulations is amended by inserting after subregulation (3) the following subregulation:(4) The following people may administer to another person salbutamol (S3) in accordance with its directions for use:(a) a St John's ambulance officer;(b) the holder of a current relevant certificate issued on behalf of the Asthma Foundation of Tasmania;(c) any other person the Secretary is satisfied has appropriate training or qualifications to administer salbutamol (S3).
12. Regulation 41B amended (Restrictions on use of certain poisons and restricted substances)
Regulation 41B(2) of the Principal Regulations is amended by omitting "Schedule X" and substituting "Appendix C of the Uniform Standard".
13. Regulation 41E substituted
Regulation 41E of the Principal Regulations is rescinded and the following regulation is substituted:41E. Restriction of possession of certain Schedule 7 substances
A person must not have possession of a substance specified in Appendix C of the Uniform Standard otherwise than in accordance with the approval in writing of either the Secretary or the Secretary of the Commonwealth Department.
14. Regulation 58 amended (Duration of licence or authority)
Regulation 58 of the Principal Regulations is amended by omitting subregulations (1) and (2) and substituting the following subregulation:(1) A licence or authority has effect until the date specified in it, unless it is renewed or cancelled.
15. Schedule VII amended (Specified potent substances)
Schedule VII to the Principal Regulations is amended by omitting item 6.
Schedule X to the Principal Regulations is rescinded.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 22 December 1999
These regulations are administered in the Department of Health and Human Services.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Poisons Regulations 1975 as follows:(a) in relation to the prescription and dispensing of narcotic substances;(b) by restricting the storage by a medical practitioner, dentist or veterinary surgeon of any substance specified in Schedule 3 or 4 of the Poisons List;(c) by prescribing the circumstances in which a pharmaceutical chemist may supply a restricted substance to a resident of, or patient in, a medical institution otherwise than in accordance with a prescription;(d) to enable the Secretary to approve persons or classes of persons to whom a pharmaceutical chemist may supply Schedule 3 substances, including salbutamol;(e) by specifying certain people who may administer salbutamol;(f) by restricting the possession of substances specified in Appendix C of the Uniform Standard.