Poisons Amendment Regulations (No. 2) 2010
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 .
26 July 2010PETER G. UNDERWOOD
Governor
By His Excellency's Command,
MICHELLE O'BYRNE
Minister for Health
These regulations may be cited as the Poisons Amendment Regulations (No. 2) 2010 .
These regulations take effect on 1 September 2010.
In these regulations, the Poisons Regulations 2008 are referred to as the Principal Regulations.
4. Regulation 95EA inserted
After regulation 95E of the Principal Regulations , the following regulation is inserted in Part 6:95EA. Administration of certain substances by aged-care workers in residential care services
(1) In this regulation –aged care service has the same meaning as in the Aged Care Act 1997 of the Commonwealth;residential care has the same meaning as in the Aged Care Act 1997 of the Commonwealth;residential care service has the same meaning as in the Aged Care Act 1997 of the Commonwealth;specified narcotic substance means buprenorphine in patches for transdermal delivery.(2) A person who is not a nurse may administer, or make available for self-administration, to another person who is being provided with residential care by a residential care service, a medicinal poison, potent substance, restricted substance or the specified narcotic substance if –(a) the person administering or making available the poison or substance –(i) is employed by an aged care service that provides a residential care service and is acting with the authority of the person in charge of that service; and(ii) is acting under the general supervision or direction of a registered nurse; and(iii) has met the requirements of relevant nationally accredited training modules relating to the administration and storage of medication and maintains any competency requirements of those modules; and(iv) is acting in accordance with guidelines approved by the Secretary; and(b) the other person is incapable of safely administering the poison or substance to himself or herself or needs assistance with self-administration; and(c) in the case of a medicinal poison, the poison has been lawfully supplied and the administration is in accordance with the manufacturer’s instructions; and(d) in the case of a potent substance, the substance has been lawfully supplied and the administration is in accordance with the instructions of a medical practitioner, dentist, pharmaceutical chemist, authorised nurse practitioner or optometrist; and(e) in the case of a restricted substance, the substance has been lawfully prescribed and supplied for the person to whom it is being administered or made available and the administration is in accordance with the directions of a medical practitioner, dentist, authorised optometrist or authorised nurse practitioner; and(f) in the case of the specified narcotic substance, the substance has been lawfully prescribed and supplied for the person to whom it is being administered or made available and the administration is in accordance with the directions of a medical practitioner, dentist or authorised nurse practitioner.
5. Regulation 95G amended (Administration of certain substances by carers)
Regulation 95G(2) of the Principal Regulations is amended by inserting after paragraph (f) the following paragraph:(fa) a person employed by an aged care service that provides a residential care service within the meaning of regulation 95EA ; or
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 4 August 2010
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 2008 by providing that aged-care workers in residential care services may, in certain circumstances and on certain conditions, administer medicinal poisons, potent substances, restricted substances and a specified narcotic substance to persons who are being provided with residential care.