Poisons Amendment (Midwives) Regulations 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 .
17 December 2010PETER G. UNDERWOOD
Governor
By His Excellency's Command,
MICHELLE O'BYRNE
Minister for Health
These regulations may be cited as the Poisons Amendment (Midwives) Regulations 2010 .
These regulations take effect on 1 January 2011.
In these regulations, the Poisons Regulations 2008 are referred to as the Principal Regulations.
4. Regulation 11 amended (Supply of narcotic substances)
Regulation 11 of the Principal Regulations is amended by inserting after subregulation (10) the following subregulation:(11) Nothing in this regulation prohibits a pharmaceutical chemist, licensed wholesale chemist or licensed manufacturing chemist from supplying a midwifery narcotic substance to an eligible midwife.
5. Regulation 13 amended (Narcotic substances register to be kept by certain persons)
Regulation 13(1) of the Principal Regulations is amended as follows:(a) by omitting from paragraph (i) "nurse." and substituting "nurse;";(b) by inserting the following paragraph after paragraph (i) :(j) an eligible midwife.
6. Regulation 25 amended (Storage of narcotic substances)
Regulation 25(4) of the Principal Regulations is amended as follows:(a) by inserting ", eligible midwife" after "a medical practitioner, veterinary surgeon, dentist";(b) by inserting ", eligible midwife" after "that medical practitioner, veterinary surgeon, dentist".
7. Regulation 39 amended (Storage of poisons, &c.)
Regulation 39(2) of the Principal Regulations is amended by inserting "eligible midwife," after "dentist,".
8. Regulation 40 amended (Restriction on advertising of restricted substances)
Regulation 40 of the Principal Regulations is amended by inserting ", midwifery" after "optometrical".
9. Regulation 41 amended (Prescriptions for restricted substances)
Regulation 41 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) "eligible midwife," after "dentist,";(b) by inserting in subregulation (4) "eligible midwife," after "a medical practitioner, dentist,";(c) by inserting in subregulation (4)(c)(i) "eligible midwife," after "dentist,";(d) by inserting the following subparagraph after subparagraph (ii) in subregulation (4)(d) :(iia) by an eligible midwife for use in the course of midwifery treatment only; or(e) by inserting in subregulation (4)(e) "eligible midwife," after "dentist,";(f) by inserting in subregulation (5) "eligible midwife," after "a medical practitioner, dentist,";(g) by inserting in subregulation (5) "eligible midwife," after "the medical practitioner, dentist,";(h) by inserting in subregulation (6)(a) "eligible midwife," after "practitioner,";(i) by inserting in subregulation (7) "eligible midwife," after "A medical practitioner,";(j) by inserting in subregulation (7)(b) "eligible midwife," after "practitioner,".
10. Regulation 42 amended (Electronic prescriptions for restricted substances)
Regulation 42(1) of the Principal Regulations is amended by inserting "eligible midwife," after "dentist,".
11. Regulation 43 amended (Emergency prescribing and dispensing of restricted substances)
Regulation 43 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) "eligible midwife," after "dentist,";(b) by inserting in subregulation (2) "eligible midwife," after "dentist,".
12. Regulation 44 amended (Records of prescribing of declared restricted substances)
Regulation 44 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) "eligible midwife," after "dentist,";(b) by inserting in subregulation (2) "eligible midwife," after "dentist,".
13. Regulation 45 amended (Sale or supply of restricted substances)
Regulation 45 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) "eligible midwife," after "dentist,";(b) by inserting the following paragraph after paragraph (b) in subregulation (1) :(ba) by the eligible midwife in the course of midwifery treatment only; or(c) by inserting in subregulation (2) "eligible midwife," after "dentist,".
14. Regulation 48 amended (Emergency supply of restricted substances other than specified psychotropic substances)
Regulation 48 of the Principal Regulations is amended as follows:(a) by inserting "eligible midwife," after "dentist,";(b) by inserting in paragraph (d)(ii) ", eligible midwife" after "medical practitioner".
15. Regulation 49 amended (Supply of restricted substance in medical institution)
Regulation 49 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) ", eligible midwife" after "a medical practitioner, dentist";(b) by inserting in subregulation (1)(d)(i) ", eligible midwife" after "dentist";(c) by inserting in subregulation (3) ", eligible midwife" after "medical practitioner".
16. Regulation 53 amended (Supply of potent substances by pharmaceutical chemists)
Regulation 53(1)(a) of the Principal Regulations is amended by inserting ", eligible midwife" after "dentist".
17. Regulation 55 amended (Obtaining potent substances through misrepresentation)
Regulation 55 of the Principal Regulations is amended as follows:(a) by inserting in paragraph (a) "eligible midwife," after "dentist,";(b) by inserting in paragraph (b) "eligible midwife," after "dentist,".
18. Regulation 57 amended (Supply of restricted substances to patients)
Regulation 57(2)(b) of the Principal Regulations is amended by inserting ", eligible midwife" after "dentist".
19. Regulation 59 amended (Administration of restricted substances (S4) in medical institutions)
Regulation 59 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) ", eligible midwife" after "dentist";(b) by inserting in subregulation (2) ", eligible midwife" after "a medical practitioner, dentist";(c) by inserting in subregulation (2)(a) ", eligible midwife" after "dentist";(d) by inserting in subregulation (2)(b) ", eligible midwife" after "dentist";(e) by inserting in subregulation (3) ", eligible midwife" after "A medical practitioner, dentist";(f) by inserting in subregulation (3) ", eligible midwife" after "the medical practitioner, dentist";(g) by inserting in subregulation (4) ", eligible midwife" after "dentist";(h) by inserting in subregulation (5)(c) ", eligible midwife" after "dentist".
20. Regulation 60 amended (Enrolled nurse may administer certain substances)
Regulation 60(a)(i) of the Principal Regulations is amended by inserting ", eligible midwife" after "dentist".
21. Regulation 64 amended (Prescribed persons for section 38(1)(i) of Act)
Regulation 64(b) of the Principal Regulations is amended by inserting "or midwifery practice" after "practice".
22. Regulation 76 amended (Wholesale dealing)
Regulation 76 of the Principal Regulations is amended as follows:(a) by inserting the following paragraph after paragraph (e) in subregulation (2) :(ea) an eligible midwife, in respect of midwifery narcotic substances;(b) by inserting the following paragraph after paragraph (f) in subregulation (3) :(fa) an eligible midwife, in respect of midwifery restricted substances;
23. Regulation 95 amended (Administration of certain substances by disability service workers)
Regulation 95(2) of the Principal Regulations is amended as follows:(a) by inserting in paragraph (d) "eligible midwife," after "chemist,";(b) by inserting in paragraph (e) ", eligible midwife" after "optometrist".
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 29 December 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 to enable midwives to –(a) administer, supply and prescribe certain restricted substances; and(b) administer certain narcotic substances.