Poisons Amendment Regulations 2002
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 .
18 March 2002g. 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 2002 .
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.
Regulation 16C of the Principal Regulations is rescinded and the following regulation is substituted:16C. Minister's authorisation for possession and supply of narcotic substances
The Minister may make an authorisation under section 25A of the Act in respect of a narcotic substance, or class of narcotic substances, in the following circumstances:(a) where the registered nurse in respect of whom the authorisation is made is employed in a palliative care service approved by the Secretary;(b) where the registered nurse is employed in a community health centre approved by the Secretary at which it is impractical for a medical practitioner to attend and the nurse is acting in accordance with the instructions of a medical practitioner.
Regulation 37E of the Principal Regulations is rescinded and the following regulation is substituted:37E. Minister's authorisation for possession and supply of restricted substances
The Minister may make an authorisation under section 25A of the Act in respect of a restricted substance, or class of restricted substances, in the following circumstances:(a) where the registered nurse in respect of whom the authorisation is made is employed in a palliative care service approved by the Secretary;(b) where the registered nurse is employed in a community health centre approved by the Secretary at which it is impractical for a medical practitioner to attend and the nurse is acting in accordance with the instructions of a medical practitioner;(c) in the case of the possession or supply of lignocaine, where the registered nurse is employed by the Australian Red Cross Blood Service and is acting in the course of his or her professional practice.
After regulation 62 of the Principal Regulations, the following regulation is inserted:62A. Administration of Schedule 2, 3 and 4 substances
A person may administer to another person a substance specified in Schedule 2, 3 or 4 to the Poisons List if –(a) the person administering the substance is –(i) employed by a disability services program approved by the Secretary or employed by a disability service provider who is funded by, and is the subject of a service agreement with, the Department; and(ii) acting –(A) in accordance with the Guidelines for the Administration of Medication for People with Disabilities in Community Based Disability Services, as issued by the Secretary and amended from time to time; or(B) in the case of a health professional, in the course of his or her professional practice; and(b) the person to whom the substance is administered –(i) is receiving services from a disability services program approved by the Secretary or from a disability service provider who is funded by, and is the subject of a service agreement with, the Department; and(ii) is incapable of safely administering the substance to himself or herself; and(c) in the case of a substance listed in Schedule 3 to the Poisons List, the substance has been supplied by a pharmaceutical chemist or medical practitioner for the use of the person to whom it is administered; and(d) in the case of a substance listed in Schedule 4 to the Poisons List, the substance has been prescribed or supplied by a medical practitioner for the use of the person to whom it is administered.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 27 March 2002
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 by –(a) prescribing circumstances in which the Minister may authorise the possession and supply of restricted and narcotic substances under section 25A of the Poisons Act 1971 ; and(b) providing for the administration of a substance listed in Schedule 2, 3 or 4 to the Poisons List in certain circumstances.