Poisons Amendment Regulations (No. 2) 2014
I, the Lieutenant-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 .
1 July 2014A. M. BLOW
Lieutenant-Governor
By His Excellency's Command,
MICHAEL DARREL JOSEPH FERGUSON
Minister for Health
These regulations may be cited as the Poisons Amendment Regulations (No. 2) 2014 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Poisons Regulations 2008 are referred to as the Principal Regulations.
4. Regulation 62A amended (Interpretation of Division)
Regulation 62A of the Principal Regulations is amended by inserting after the definition of registered training organisation the following definition:relevant person means a person who is (a) a St John Ambulance member, while he or she is acting in accordance with an agreement by St John Ambulance to provide its services at a particular event or location; or(b) a member of the Ben Lomond Ski Patrol, or the Mt Mawson Ski Patrol, while he or she is registered with, and acting as part of, that ski patrol;
5. Regulations 62D and 62E inserted
After regulation 62C of the Principal Regulations , the following regulations are inserted in Division 5A:62D. Possession and supply of nitrous oxide by relevant person
A relevant person who has a current certificate in the use of nitrous oxide (S4) granted by a registered training organisation may (a) obtain and possess nitrous oxide (S4); and(b) supply it for self-administration on the oral instruction of a medical practitioner or paramedic; and(c) supply it for self-administration on the written instruction, other than on a standing order, of a medical practitioner or paramedic; and(d) in an emergency, supply it for self-administration without instruction from a medical practitioner or paramedic.62E. Possession and supply of methoxyflurane by relevant person
A relevant person who has a current certificate in the use of methoxyflurane (S4) granted by a registered training organisation may (a) obtain and possess methoxyflurane (S4); and(b) supply it for self-administration on the oral instruction of a medical practitioner or paramedic; and(c) supply it for self-administration on the written instruction, other than on a standing order, of a medical practitioner or paramedic; and(d) in an emergency, supply it for self-administration without instruction from a medical practitioner or paramedic.
6. Regulation 62F amended (Records of obtaining, supply and administration to be kept)
Regulation 62F of the Principal Regulations is amended by inserting after subregulation (1) the following subregulation:(1A) Where a substance is obtained or supplied under this Division by a relevant person, the relevant person must make and keep a written record of that obtaining or supply.Penalty: Fine not exceeding 10 penalty units.
7. Part 4, Division 5B inserted
After regulation 62F of the Principal Regulations , the following Division is inserted in Part 4:Division 5B - Possession and supply of salbutamol (S4)62G. Interpretation of Division
In this Division relevant person means a person who is a St John Ambulance member, while he or she is acting in accordance with an agreement by St John Ambulance to provide its services at a particular event or location;registered training organisation means a registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth.62H. Possession and supply of salbutamol (S4), for nebulisation, by relevant person
A relevant person who has a current certificate in the use of salbutamol (S4), for nebulisation, granted by a registered training organisation may (a) obtain and possess salbutamol (S4) for nebulisation; and(b) supply it for self-administration on the oral instruction of a medical practitioner or paramedic; and(c) supply it for self-administration on the written instruction, other than on a standing order, of a medical practitioner or paramedic; and(d) in an emergency, supply it for self-administration without instruction from a medical practitioner or paramedic.62I. Records of obtaining and supply to be kept
(1) If salbutamol (S4) for nebulisation is obtained or supplied under this Division by a relevant person, the relevant person must make and keep a written record of that obtaining or supply.Penalty: Fine not exceeding 10 penalty units.(2) A written record is to include the name of the medical practitioner or paramedic on whose instructions the substance was obtained or supplied.
8. Regulation 95D amended (Administration of certain substances by child carers, &c.)
Regulation 95D of the Principal Regulations is amended as follows:(a) by omitting from subregulation (2)(g) "paragraph (a)(ii)(B)" and substituting " paragraph (a)(iii) ";(b) by omitting from subregulation (3) "subregulation (2)(a)(ii)(B)" and substituting " subregulation (2)(a)(iii) ".
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 1 July 2014
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 (a) authorising certain persons to possess and supply nitrous oxide, methoxyflurane or salbutamol in certain circumstances; and(b) updating certain legislative references.