Poisons Amendment (Electronic Prescriptions) Regulations 2007
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 .
23 April 2007W. J. E. COX
Governor
By His Excellency's Command,
LARA GIDDINGS
Minister for Health and Human Services
These regulations may be cited as the Poisons Amendment (Electronic Prescriptions) Regulations 2007 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Poisons Regulations 2002 are referred to as the Principal Regulations.
4. Regulation 15 amended (Prescribing and supply of narcotic substances)
Regulation 15 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (4) "bears" and substituting "includes";(b) by omitting from subregulation (6) "Where" and substituting "Subject to regulation 15A, where";(c) by omitting from subregulation (6)(a) "record on" and substituting "include in";(d) by omitting from subregulation (6)(b) "on" and substituting "in";(e) by omitting from subregulation (6)(d) "endorse on" and substituting "include in";(f) by omitting from subregulation (6)(f) "underline the relevant part of the prescription and place his or her usual signature or initials in ink alongside the underlining" and substituting "underline, or by some other means emphasise, that part of the prescription and, except for a prescription issued in accordance with an approval under regulation 15A, sign or initial that part in the margin".
5. Regulation 15A inserted
After regulation 15 of the Principal Regulations , the following regulation is inserted in Division 5:15A. Electronic prescriptions for narcotic substances
(1) Where a medical practitioner, veterinary surgeon or dentist is authorised to issue a prescription for a narcotic substance, that prescription may be issued electronically if the Secretary so approves.(2) For the purpose of subregulation (1), issuing a prescription electronically includes issuing the prescription by transmitting data electronically without producing a printed copy of that data.(3) An approval under subregulation (1) –(a) is to be in writing signed by the Secretary; and(b) may be of general or specific application; and(c) may be made subject to such conditions as the Secretary thinks fit; and(d) may be amended or revoked by the Secretary by notice in writing.(4) The conditions specified in regulation 15(6), with the exception of the condition that a prescription be handwritten in ink, apply to the issuing of a prescription electronically in accordance with an approval under subregulation (1).(5) For the purposes of regulation 15(6)(a) as it applies to the issuing of a prescription in accordance with an approval under subregulation (1), a signature includes an electronic signature.
6. Regulation 40 amended (Prescriptions for restricted substances)
Regulation 40(3) of the Principal Regulations is amended as follows:(a) by omitting "A medical practitioner" and substituting "Subject to regulation 40A, a medical practitioner";(b) by omitting from paragraph (a) "place upon" and substituting "include in";(c) by omitting from paragraph (c) "bear" and substituting "include";(d) by omitting from paragraph (d)(ii) "endorsed in print with" and substituting "to include";(e) by omitting from paragraph (d)(iii) "endorsed in print with" and substituting "to include";(f) by omitting from paragraph (e) "underline that part of the prescription that refers to the unusual dose and initial that part in the margin" and substituting "underline, or by some other means emphasise, that part of the prescription that refers to the unusual dose and, except for a prescription issued in accordance with an approval under regulation 40A, initial that part in the margin".
7. Regulation 40A inserted
After regulation 40 of the Principal Regulations , the following regulation is inserted in Division 2:40A. Electronic prescriptions for restricted substances
(1) Where a medical practitioner, dentist, veterinary surgeon or authorised optometrist is authorised to issue a prescription for a restricted substance, that prescription may be issued electronically if the Secretary so approves.(2) For the purpose of subregulation (1), issuing a prescription electronically includes issuing the prescription by transmitting data electronically without producing a printed copy of that data.(3) An approval under subregulation (1) –(a) is to be in writing signed by the Secretary; and(b) may be of general or specific application; and(c) may be made subject to such conditions as the Secretary thinks fit; and(d) may be amended or revoked by the Secretary by notice in writing.(4) The conditions specified in regulation 40(3), with the exception of the condition that a prescription be handwritten in ink, apply to the issuing of a prescription electronically in accordance with an approval under subregulation (1).(5) For the purposes of regulation 40(3)(b) as it applies to the issuing of a prescription in accordance with an approval under subregulation (1), sign includes sign electronically.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 2 May 2007
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 2002 by providing that the Secretary of the Department may approve the electronic issue of prescriptions for narcotic substances or restricted substances as an alternative to the currently permitted handwritten prescriptions.