Poisons Amendment (Medicine Chests) Regulations 2015

Poisons Amendment (Medicine Chests) Regulations 2015

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 .

27 November 2015

C. WARNER

Governor

By Her Excellency's Command,

MICHAEL DARREL JOSEPH FERGUSON

Minister for Health

1.   Short title

These regulations may be cited as the Poisons Amendment (Medicine Chests) Regulations 2015 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Poisons Regulations 2008 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 the definition of approved first aid kit ;

(b) by inserting the following definition after the definition of authorised optometrist :

authorised person means a person to whom responsibility for the storage and security of a medicine chest has been given under regulation 92(3) ;

(c) by inserting the following definition after the definition of medical institution :

medicine chest means a medicine chest supplied under regulation 92 ;

5.    Regulation 11 amended (Supply of narcotic substances)

Regulation 11(10) of the Principal Regulations is amended by omitting paragraph (e) and substituting the following paragraph:

(e) an authorised person; or

6.    Regulation 33 amended (Narcotic substances for first aid use)

Regulation 33 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "A person authorised under regulation 92 to possess a narcotic substance" and substituting "An authorised person";

(b) by omitting from subregulation (1)(b) "in approved first aid kits";

(c) by omitting from subregulation (2)(a) "in the approved first aid kit" and substituting "by an authorised person";

(d) by omitting from subregulation (3) "A person who keeps a narcotic substance in an approved first aid kit must, as soon as possible after the" and substituting "An authorised person must, as soon as possible after a".

7.    Regulation 46 amended (Dispensing prescriptions for restricted substances (S4))

Regulation 46 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (2A) "3 months" and substituting "4 months";

(b) by omitting paragraph (b) from subregulation (12) and substituting the following paragraph:

(b) the person must retain the prescription, in a form that is retrievable within 48 hours, for a period of 2 years from the day on which the requirement to cancel the prescription arose.

8.    Part 4, Division 5A: Heading amended

Division 5A of Part 4 of the Principal Regulations is amended by omitting "Possession and supply of nitrous oxide and methoxyflurane" from the heading to that Division and substituting "Possession and supply of nitrous oxide and methoxyflurane at relevant workplaces".

9.    Regulation 62A amended (Interpretation of Division)

Regulation 62A of the Principal Regulations is amended as follows:

(a) by inserting the following definition after the definition of first aid officer :

mineral processing facility means –

(a) a facility for the concentrating or processing of ores or minerals; or

(b) operations for processing minerals at the site at which they are first obtained from the earth; or

(c) leaching operations conducted on ores or minerals –

and includes any operations, for the management of residues and wastes, that are incidental to the operations of facilities, or the carrying out of operations, referred to in paragraph (a) , (b) or (c) ;

(b) by omitting the definitions of relevant person and responsible officer and substituting the following definition:

relevant workplace means –

(a) a mine within the meaning of section 5 of the Mines Work Health and Safety (Supplementary Requirements) Act 2012 ; or

(b) a mineral processing facility.

10.    Regulation 62B amended (Possession and supply of nitrous oxide at workplace)

Regulation 62B of the Principal Regulations is amended as follows:

(a) by omitting subregulation (1) ;

(b) by inserting in subregulation (2) "who is engaged to provide first aid services at a relevant workplace and" after "officer";

(c) by omitting from subregulation (2)(b) "supply it for self-administration" and substituting "administer it, or supply it for self-administration, to a person";

(d) by omitting from subregulation (2)(c) "supply it for self-administration" and substituting "administer it, or supply it for self-administration, to a person";

(e) by omitting from subregulation (2)(d) "supply it for self-administration" and substituting "administer it, or supply it for self-administration, to a person".

11.    Regulation 62C amended (Possession and supply of methoxyflurane at workplace)

Regulation 62C of the Principal Regulations is amended as follows:

(a) by omitting subregulation (1) ;

(b) by inserting in subregulation (2) "who is engaged to provide first aid services at a relevant workplace and" after "officer";

(c) by omitting from subregulation (2)(b) "supply it for self-administration" and substituting "administer it, or supply it for self-administration, to a person";

(d) by omitting from subregulation (2)(c) "supply it for self-administration" and substituting "administer it, or supply it for self-administration, to a person";

(e) by omitting from subregulation (2)(d) "supply it for self-administration" and substituting "administer it, or supply it for self-administration, to a person".

12.    Regulations 62D , 62E and 62F substituted

Regulations 62D , 62E and 62F of the Principal Regulations are rescinded and the following regulation is substituted:

62D.   Records of obtaining, supply and administration to be kept

Where a substance is obtained, supplied or administered under this Division by a first aid officer, the first aid officer must make and keep a written record of that obtaining, supply or administration.

Penalty:  Fine not exceeding 10 penalty units.

13.    Part 4, Division 5AB inserted

After regulation 62D of the Principal Regulations , the following Division is inserted in Part 4:

Division 5AB - Possession, &c., of nitrous oxide and methoxyflurane by relevant first-aiders

62E.   Interpretation of Division

In this Division –

registered training organisation means a registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth;

relevant first-aider 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; or

(c) an employee of Medical Edge Australia (ABN 98 147 076 819), while he or she is acting in accordance with an agreement with Medical Edge Australia to provide its services at a particular event or location.

62F.   Possession, &c., of nitrous oxide by relevant first-aiders

A relevant first-aider who has a current certificate in the use of nitrous oxide (S4) granted by a registered training organisation may –

(a) possess nitrous oxide (S4); and

(b) administer it, or supply it for self-administration, to a person, on the oral instruction of a medical practitioner or paramedic; and

(c) administer it, or supply it for self-administration, to a person, on the written instruction, other than on a standing order, of a medical practitioner or paramedic; and

(d) in an emergency, administer it, or supply it for self-administration, to a person, without instruction from a medical practitioner or paramedic.

62FA.   Possession, &c., of methoxyflurane by relevant first-aiders

A relevant first-aider who has a current certificate in the use of methoxyflurane (S4) granted by a registered training organisation may –

(a) possess methoxyflurane (S4); and

(b) administer it, or supply it for self-administration, to a person, on the oral instruction of a medical practitioner or paramedic; and

(c) administer it, or supply it for self-administration, to a person, on the written instruction, other than on a standing order, of a medical practitioner or paramedic; and

(d) in an emergency, administer it, or supply it for self-administration, to a person, without instruction from a medical practitioner or paramedic.

62FB.   Records of possession and supply to be kept

(1)  If a substance comes into the possession of, or is supplied (including by being administered) under this Division by, a relevant first-aider, the relevant first-aider must make and keep a written record of that possession or supply.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The written record made by a relevant first-aider is to include the name of the medical practitioner or paramedic on whose instruction the substance came into the possession of, or was supplied (including by being administered) by, the relevant first-aider.

14.    Regulation 76 amended (Wholesale dealing)

Regulation 76 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (2)(f) "a person approved to keep a first aid kit under regulation 92 " and substituting "an authorised person";

(b) by omitting paragraph (g) from subregulation (3) and substituting the following paragraph:

(g) an authorised person;

15.    Regulation 92 substituted

Regulation 92 of the Principal Regulations is rescinded and the following regulations are substituted:

92.   Supply of medicine chests by RFDS

(1)  In this regulation –

RFDS means the Royal Flying Doctor Service.

(2)  The RFDS may supply to a person a medicine chest containing any of the following:

(a) medicinal poisons;

(b) potent substances;

(c) restricted substances;

(d) narcotic substances.

(3)  If a medicine chest is supplied to a person under subregulation (2) , the RFDS must enter into an arrangement with the person under which the person is given responsibility for the storage and security of the medicine chest.

(4)  If requested by the Secretary, the RFDS must provide the Secretary with the name and contact details of a person to whom a medicine chest is supplied under subregulation (2) .

(3)  A person to whom a medicine chest is supplied under subregulation (2) must ensure the chest is kept in one of the following vehicles, places or localities:

(a) on an RFDS aircraft;

(b) on Maatsuyker Island;

(c) on Swan Island;

(d) on Maria Island;

(e) on a Bass Strait oil rig or gas rig;

(f) at Corinna;

(g) at Ansons Bay;

(h) at Musselroe Bay.

92A.   Emergency use of medicine chest

In an emergency, any person, if so directed by a medical practitioner, may possess or administer any substance contained in a medicine chest supplied under regulation 92 .

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

Notified in the Gazette on 9 December 2015

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) making provision for the supply of medicine chests by the Royal Flying Doctor Service for use in remote locations; and

(b) amending certain provisions relating to the possession and supply of methoxyflurane and nitrous oxide by certain first aid officers.