Poisons Amendment (Nurse Practitioners) Regulations 2008
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 .
16 June 2008PETER G. UNDERWOOD
Governor
By His Excellency's Command,
LARA GIDDINGS
Minister for Health and Human Services
These regulations may be cited as the Poisons Amendment (Nurse Practitioners) Regulations 2008 .
These regulations take effect on 1 July 2008.
In these regulations, the Poisons Regulations 2002 are referred to as the Principal Regulations.
4. Regulation 3 amended (Interpretation)
Regulation 3(1) of the Principal Regulations is amended as follows:(a) by omitting "or dentist" from the definition of drug therapy chart and substituting ", dentist or authorised nurse practitioner";(b) by inserting the following paragraph after paragraph (d) in the definition of health professional :(da) an authorised nurse practitioner; and(c) by inserting the following definition after the definition of medical institution :nurse practitioner treatment means treatment carried out by a nurse practitioner in accordance with an authorisation under section 25B of the Act;(d) by inserting "authorised nurse practitioner," after "a medical practitioner, dentist, podiatrist, dental therapist, registered nurse," in the definition of patient ;(e) by inserting "authorised nurse practitioner," after "that medical practitioner, dentist, podiatrist, dental therapist, registered nurse," in the definition of patient .
5. Regulation 10 amended (Inquiries, &c., before supplying narcotic substance to patient)
Regulation 10 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) ", authorised nurse practitioner" after "A medical practitioner, dentist";(b) by omitting from subregulation (1) "an";(c) by inserting in subregulation (1) ", authorised nurse practitioner" after "the medical practitioner, dentist";(d) by omitting from subregulation (2) "or dentist" three times occurring and substituting ", dentist or authorised nurse practitioner";(e) by inserting in subregulation (3) "authorised nurse practitioner," after "dentist,";(f) by inserting ", authorised nurse practitioner" after "dentist" in paragraph (a) of the definition of material time in subregulation (4) ;(g) by omitting "or dentist," from paragraph (b) of the definition of material time in subregulation (4) and substituting ", dentist or authorised nurse practitioner,";(h) by omitting "or dentist" from paragraph (c) of the definition of material time in subregulation (4) and substituting ", dentist or authorised nurse practitioner".
6. Regulation 11 amended (Supply of narcotic substances)
Regulation 11 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (2) "authorised nurse practitioner," after "dentist,";(b) by omitting from subregulation (2) "or dentist" and substituting ", dentist or authorised nurse practitioner";(c) by inserting in subregulation (3) ", authorised nurse practitioner" after "dentist";(d) by inserting in subregulation (4) ", authorised nurse practitioner" after "dentist";(e) by inserting in subregulation (6) ", authorised nurse practitioner" after "prohibits a medical practitioner, veterinary surgeon, dentist";(f) by inserting in subregulation (6) "authorised nurse practitioner," after "to a medical practitioner, veterinary surgeon, dentist,".
7. Regulation 13 amended (Narcotic substances register to be kept by certain persons)
Regulation 13 of the Principal Regulations is amended as follows:(a) by inserting the following paragraph after paragraph (g) in subregulation (1) :(ga) an authorised nurse practitioner;(b) by omitting from subregulation (4) "or dentist" and substituting ", dentist or authorised nurse practitioner";(c) by inserting in subregulation (13) ", authorised nurse practitioner" after "dentist".
8. Regulation 15 amended (Prescribing and supply of narcotic substances)
Regulation 15 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "or dentist" and substituting ", dentist or authorised nurse practitioner";(b) by inserting the following subregulation after subregulation (2) :(2A) An authorised nurse practitioner may write or issue a prescription for a narcotic substance in such circumstances, subject to such conditions and in relation to such substances or classes of substances as may be specified in an authorisation issued by the Secretary.(c) by omitting from subregulation (6) "or dentist" first occurring and substituting ",dentist or authorised nurse practitioner";(d) by inserting the following paragraph after paragraph (e) in subregulation (6) :(ea) if an authorised nurse practitioner, he or she is not to write or issue a prescription for the supply of a narcotic substance for any purpose other than in the course of nurse practitioner treatment;(e) by omitting from subregulation (6)(f) "or dentist" and substituting ", dentist or authorised nurse practitioner";(f) by omitting from subregulation (7) "or dentist" twice occurring and substituting ", dentist or authorised nurse practitioner".
9. Regulation 15A amended (Electronic prescriptions for narcotic substances)
Regulation 15A(1) of the Principal Regulations is amended by omitting "or dentist" and substituting ", dentist or authorised nurse practitioner".
10. Regulation 16 amended (Record of prescribing and supply of narcotic substances)
Regulation 16 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) ", authorised nurse practitioner" after "dentist";(b) by inserting in subregulation (2) ", authorised nurse practitioner" after "dentist".
11. Regulation 17 amended (Emergency prescribing and dispensing of narcotic substances)
Regulation 17 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "or dentist" and substituting ", dentist or authorised nurse practitioner";(b) by omitting from subregulation (2) "or dentist" and substituting ", dentist or authorised nurse practitioner".
12. Regulation 22 amended (Dispensing of narcotic substances (S8))
Regulation 22 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (12) "or authorised nurse practitioner" after "practitioner";(b) by inserting in subregulation (14)(d)(i) ", authorised nurse practitioner" after "practitioner".
13. Regulation 24 amended (Storage of narcotic substances)
Regulation 24(4) of the Principal Regulations is amended by omitting "or dentist" twice occurring and substituting ", dentist or authorised nurse practitioner".
14. Regulation 26 amended (Supply of narcotic substances in medical institution)
Regulation 26 of the Principal Regulations is amended as follows:(a) by inserting the following subparagraph after subparagraph (i) in subregulation (1) :(ia) an authorised nurse practitioner; or(b) by inserting the following subparagraph after subparagraph (ii) in subregulation (2) :(iia) an authorised nurse practitioner; or
15. Regulation 29 amended (Administration of narcotic substances (S8) in medical institutions)
Regulation 29 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "or dentist" and substituting ", dentist or authorised nurse practitioner";(b) by omitting from subregulation (2) "or dentist" first occurring and substituting ", dentist or authorised nurse practitioner";(c) by omitting from subregulation (2)(a) "or dentist" and substituting ", dentist or authorised nurse practitioner";(d) by omitting from subregulation (2)(b) "or dentist" and substituting ", dentist or authorised nurse practitioner";(e) by omitting from subregulation (3) "or dentist" twice occurring and substituting ", dentist or authorised nurse practitioner";(f) by omitting from subregulation (4) "or dentist" and substituting ", dentist or authorised nurse practitioner";(g) by omitting from subregulation (5)(c) "or dentist" and substituting ", dentist or authorised nurse practitioner".
16. Regulation 36 amended (Self-administration of narcotic substances prohibited)
Regulation 36(1)(a) of the Principal Regulations is amended by inserting "or authorised nurse practitioner" after "practitioner".
17. Regulation 38 amended (Storage of poisons, &c.)
Regulation 38(2) of the Principal Regulations is amended by inserting "authorised nurse practitioner," after "dentist,".
18. Regulation 39 amended (Restriction on advertising of restricted substances)
Regulation 39 of the Principal Regulations is amended by inserting "nurse practitioner," after "dental,".
19. Regulation 40 amended (Prescriptions for restricted substances)
Regulation 40 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) "authorised nurse practitioner," after "dentist,";(b) by inserting the following subregulation after subregulation (2) :(2A) An authorised nurse practitioner may write or issue a prescription for a restricted substance in such circumstances, subject to such conditions and in relation to such substances or classes of substances as may be specified in an authorisation issued by the Secretary.(c) by inserting in subregulation (3) "authorised nurse practitioner," after "a medical practitioner, dentist,";(d) by inserting in subregulation (3)(c)(i) "authorised nurse practitioner," after "dentist,";(e) by inserting the following subparagraph after subparagraph (ii) in subregulation (3)(d) :(iia) by an authorised nurse practitioner for use in the course of nurse practitioner treatment only; or(f) by inserting in subregulation (3)(e) "authorised nurse practitioner," after "dentist,";(g) by inserting in subregulation (4) "authorised nurse practitioner," after "a medical practitioner, dentist,";(h) by inserting in subregulation (4) "authorised nurse practitioner," after "the medical practitioner, dentist,";(i) by omitting from subregulation (5)(a) "or an" and substituting ", authorised nurse practitioner or";(j) by omitting from subregulation (6) "or an" and substituting ", authorised nurse practitioner or";(k) by inserting in subregulation (6)(b) ", authorised nurse practitioner" after "practitioner".
20. Regulation 40A amended (Electronic prescriptions for restricted substances)
Regulation 40A(1) of the Principal Regulations is amended by inserting "authorised nurse practitioner," after "dentist,".
21. Regulation 41 amended (Emergency prescribing and dispensing of restricted substances)
Regulation 41 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) ", authorised nurse practitioner" after "dentist";(b) by inserting in subregulation (2) ", authorised nurse practitioner" after "dentist".
22. Regulation 42 amended (Records of prescribing of declared restricted substances)
Regulation 42 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) ", authorised nurse practitioner" after "dentist";(b) by inserting in subregulation (2) ", authorised nurse practitioner" after "dentist".
23. Regulation 43 amended (Sale or supply of restricted substances)
Regulation 43 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) "authorised nurse practitioner," after "dentist,";(b) by inserting the following paragraph after paragraph (b) in subregulation (1) :(ba) by the authorised nurse practitioner only for use in the course of nurse practitioner treatment; or(c) by inserting in subregulation (2) "authorised nurse practitioner," after "dentist,".
24. Regulation 46 amended (Emergency supply of restricted substances other than specified psychotropic substances)
Regulation 46 of the Principal Regulations is amended as follows:(a) by inserting ", authorised nurse practitioner" after "dentist";(b) by inserting in paragraph (d)(ii) "or authorised nurse practitioner" after "practitioner".
25. Regulation 47 amended (Supply of restricted substance in medical institution)
Regulation 47 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "or dentist" first occurring and substituting "dentist or authorised nurse practitioner";(b) by omitting from subregulation (1)(d)(i) "or dentist supplying the substance" and substituting ", dentist or authorised nurse practitioner responsible for preparing the drug therapy chart";(c) by inserting in subregulation (3) "or authorised nurse practitioner" after "practitioner".
26. Regulation 48 amended (Information about drugs)
Regulation 48 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "or dentist" and substituting ", dentist or authorised nurse practitioner";(b) by omitting from subregulation (2)(b) "or dentist" twice occurring and substituting ", dentist or authorised nurse practitioner".
27. Regulation 50 amended (Advertising of potent substances)
Regulation 50(a)(i) of the Principal Regulations is amended by inserting ", nurse practitioner" after "veterinary".
28. Regulation 51 amended (Supply of potent substances by pharmaceutical chemists)
Regulation 51(1)(a) of the Principal Regulations is amended by omitting "or dentist" and substituting ", dentist or authorised nurse practitioner".
29. Regulation 54 amended (Obtaining potent substances through misrepresentation)
Regulation 54 of the Principal Regulations is amended as follows:(a) by omitting from paragraph (a) "dentist" and substituting "dentist, authorised nurse practitioner";(b) by inserting in paragraph (b) "authorised nurse practitioner," after "dentist,".
30. Regulation 55 amended (Authorised officer to store, &c., restricted substances)
Regulation 55(2)(b)(ii) of the Principal Regulations is amended by omitting "or dentist" and substituting ", dentist or authorised nurse practitioner".
31. Regulation 56 amended (Supply of restricted substances to patients)
Regulation 56(2)(b) of the Principal Regulations is amended by omitting "or dentist" and substituting ", dentist or authorised nurse practitioner".
32. Regulation 58 amended (Administration of restricted substances (S4) in medical institutions)
Regulation 58 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "or dentist" and substituting ", dentist or authorised nurse practitioner";(b) by omitting from subregulation (2) "or dentist" first occurring and substituting ", dentist or authorised nurse practitioner";(c) by omitting from subregulation (2)(a) "or dentist" and substituting ", dentist or authorised nurse practitioner";(d) by omitting from subregulation (2)(b) "or dentist" and substituting ", dentist or authorised nurse practitioner";(e) by omitting from subregulation (3) "or dentist" twice occurring and substituting ", dentist or authorised nurse practitioner";(f) by omitting from subregulation (4) "or dentist" and substituting ", dentist or authorised nurse practitioner";(g) by omitting from subregulation (5)(c) "or dentist" and substituting ", dentist or authorised nurse practitioner".
33. Regulation 59 amended (Enrolled nurse may administer certain substances)
Regulation 59(a) of the Principal Regulations is amended as follows:(a) by omitting from subparagraph (i) "or dentist" and substituting ", dentist or authorised nurse practitioner";(b) by inserting in subparagraph (ii) ", authorised nurse practitioner" after "dentist".
34. Regulation 61 amended (Minister's authorisation for possession and supply of restricted substances)
Regulation 61 of the Principal Regulations is amended by omitting paragraph (e) .
35. Regulation 83 amended (Special provisions as to containers for narcotic substances)
Regulation 83(3) of the Principal Regulations is amended as follows:(a) by inserting in paragraph (a) ", authorised nurse practitioner" after "dentist";(b) by inserting in paragraph (b) ", authorised nurse practitioner" after "dentist";(c) by omitting from paragraph (c) "or dentist" and substituting ", dentist or authorised nurse practitioner".
36. Regulation 98 amended (Administration of Schedules 2 , 3 and 4 substances)
Regulation 98 of the Principal Regulations is amended as follows:(a) by omitting from paragraph (c) "or medical practitioner" and substituting ", medical practitioner, dentist or authorised nurse practitioner";(b) by inserting in paragraph (d) ", dentist or authorised nurse practitioner" after "practitioner".
37. Regulation 99 amended (Administration of certain substances to detainees)
Regulation 99 of the Principal Regulations is amended as follows:(a) by omitting from paragraph (c) "or medical practitioner" and substituting ", medical practitioner, dentist or authorised nurse practitioner";(b) by inserting in paragraph (d) ", dentist or authorised nurse practitioner" after "practitioner".
38. Regulation 100 amended (Possession of pseudoephedrine)
Regulation 100(2) of the Principal Regulations is amended as follows:(a) by inserting in paragraph (a) "authorised nurse practitioner," after "chemist,";(b) by inserting in paragraph (f) ", authorised nurse practitioner" after "practitioner";(c) by inserting in paragraph (g) ", authorised nurse practitioner" after "practitioner".
39. Schedule 2 amended (Requirements in relation to Narcotic Substances Register)
Clause 2(1)(j)(ii) of Part 2 of Schedule 2 to the Principal Regulations is amended as follows:(a) by omitting "or dentist or an" and substituting ", dentist, authorised nurse practitioner or";(b) by omitting "or nurse" and substituting ", authorised nurse practitioner or authorised nurse".
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 25 June 2008
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 in respect of the tasks to be undertaken by authorised nurse practitioners consequent on the enactment of the Poisons Amendment (Nurse Practitioners) Act 2007 .