Poisons Amendment Regulations (No. 3) 2011

Poisons Amendment Regulations (No. 3) 2011

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 .

19 December 2011

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

MICHELLE O'BYRNE

Minister for Health

1.   Short title

These regulations may be cited as the Poisons Amendment Regulations (No. 3) 2011 .

2.   Commencement

These regulations take effect on 1 January 2012.

3.   Principal Regulations

In these regulations, the Poisons Regulations 2008 are referred to as the Principal Regulations.

4.    Regulation 95D amended (Administration of certain substances by child carers, &c.)

Regulation 95D of the Principal Regulations is amended as follows:

(a) by inserting the following definition before the definition of child in subregulation (1) :

approved provider has the same meaning as in the Education and Care Services National Law (Tasmania);

(b) by inserting the following definitions after the definition of child carer in subregulation (1) :

child care service has the same meaning as in the Child Care Act 2001 ;

education and care service has the same meaning as in the Education and Care Services National Law (Tasmania);

guidelines means guidelines issued under subregulation (6) ;

nominated supervisor has the same meaning as in the Education and Care Services National Law (Tasmania);

(c) by omitting " Child Care Act 2001 ." from the definition of person-in-charge in subregulation (1) and substituting " Child Care Act 2001 ;";

(d) by inserting the following definition after the definition of person-in-charge in subregulation (1) :

Regulatory Authority has the same meaning as in the Education and Care Services National Law (Tasmania).

(e) by omitting subparagraph (ii) from subregulation (2)(a) and substituting the following subparagraphs:

(ii) is acting with the authority of the person-in-charge given either specifically to the child carer or by the application of the general written policies of the child care service; and

(iii) is acting in accordance with Child Care Standards approved by the Secretary of the department responsible for the administration of the Child Care Act 2001 ; and

(f) by inserting the following subregulations after subregulation (3) :

(4)  A person may administer, or make available for self-administration, to a child attending an education and care service a medicinal poison, potent substance, restricted substance or narcotic substance if –

(a) the person administering or making available the poison or substance –

(i) is an approved provider; and

(ii) is acting with the authority of the nominated supervisor given either specifically to the approved provider or by the application of the general written policies of the education and care service; and

(iii) is acting in accordance with the regulations made under the Education and Care Services National Law (Tasmania) and the guidelines; and

(b) the child 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 child 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 a narcotic substance, the substance has been lawfully prescribed and supplied for the child 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; and

(g) in the case of a narcotic substance, the storage and recording of the substance is in accordance with the regulations made under the Education and Care Services National Law (Tasmania) and the guidelines.

(5)  The requirements of subregulation (4) apply in relation to a child attending an education and care service in addition to any requirements relating to the administration, or the making available for administration, of medication specified in the Education and Care Services National Law (Tasmania).

(6)  The Regulatory Authority may issue guidelines for the purposes of subregulation (4) that are not contrary to the regulations made under the Education and Care Services National Law (Tasmania).

(7)  The Regulatory Authority must include in the guidelines the following, unless to do so would cause the guidelines to be contrary to the regulations made under the Education and Care Services National Law (Tasmania):

(a) the form or method of authorisation that is to be given by a parent, medical practitioner, dentist, authorised optometrist, optometrist or authorised nurse practitioner;

(b) storage and recording requirements for a medicinal poison, potent substance, restricted substance or narcotic substance;

(c) protocols for the administration orally, subcutaneously or by any other means of a medicinal poison, potent substance, restricted substance or narcotic substance;

(d) protocols for dealing with narcotic substances specified in Schedule 8 to the Poisons List;

(e) information on the appropriate disposal of an unused medicinal poison, potent substance, restricted substance or narcotic substance.

5.   Rescission of regulations

These regulations are rescinded on the one hundred and eightieth day from the day on which they take effect.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 28 December 2011

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 , consequent on the enactment of the Education and Care Services National Law (Tasmania), to allow certain persons providing education and care to a child attending an education and care service to administer, or make available for self-administration, to the child a medicinal poison, potent substance, restricted substance or narcotic substance in certain circumstances.