Poisons Amendment Regulations (No. 2) 2009

Poisons Amendment Regulations (No. 2) 2009

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 .

30 November 2009

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

LARA GIDDINGS

Minister for Health

1.   Short title

These regulations may be cited as the Poisons Amendment Regulations (No. 2) 2009 .

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 inserting the following definitions before the definition of Act :

Academy means the Tasmanian Academy established by the Education and Training (Tasmanian Academy) Act 2008 ;

Academy principal means the person in charge of or responsible for Academy students on a campus of the Academy;

Academy student means a person under the age of 18 years who is undertaking post-Year 10 education with the Academy;

(b) by inserting the following definition after the definition of Director of Public Health :

disability has the same meaning as in the Disability Services Act 1992 ;

(c) by inserting the following definition after the definition of drug therapy chart :

employ means employ for payment or other reward and includes engage the services of, whether as an employee or an independent contractor or otherwise;

(d) by inserting the following definition after the definition of enrolled nurse :

funding agreement has the same meaning as in the Disability Services Act 1992 ;

(e) by inserting the following definitions after the definition of podiatrist :

Polytechnic means the Tasmanian Polytechnic established by the Education and Training (Tasmanian Polytechnic) Act 2008 ;

Polytechnic principal means the person in charge of or responsible for Polytechnic students on a campus of the Polytechnic;

Polytechnic student means a person under the age of 18 years who is undertaking post-Year 10 education and training with the Polytechnic;

(f) by inserting the following definition after the definition of selected container :

service provider, in relation to a disability, has the same meaning as in the Disability Services Act 1992 ;

5.    Regulation 53 amended (Supply of potent substances by pharmaceutical chemists)

Regulation 53 of the Principal Regulations is amended as follows:

(a) by inserting the following subregulation before subregulation (1) :

(1AA)  In this regulation –

school first aid kit means a first aid kit used for the purposes of a school, the Academy or the Polytechnic.

(b) by omitting from subregulation (1)(c) "principal" and substituting "principal, the Academy principal or the Polytechnic principal";

(c) by omitting from subregulation (2) "principal" and substituting "principal, the Academy principal or the Polytechnic principal".

6.    Regulation 54 amended (Administration of salbutamol (S3))

Regulation 54 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "a school" and substituting "or for the purposes of a school, the Academy or the Polytechnic";

(b) by omitting from subregulation (2) "principal of the school" and substituting "school principal, the Academy principal or the Polytechnic principal";

(c) by omitting from subregulation (3) "The principal of a school is" and substituting "The school principal, the Academy principal and the Polytechnic principal are";

(d) by omitting from subregulation (3) "by the school" and substituting ", respectively, by the school, the Academy or the Polytechnic.".

7.    Regulation 60 amended (Enrolled nurse may administer certain substances)

Regulation 60 of the Principal Regulations is amended by inserting "and section 47(1)(e) " after " section 38(1)(i) ".

8.    Regulation 95 substituted

Regulation 95 of the Principal Regulations is rescinded and the following regulations are substituted:

95.   Administration of certain substances by disability service workers

(1)  In this regulation –

specified narcotic substance means –

(a) dexamphetamine; or

(b) methylphenidate.

(2)  A person may administer, or make available for self-administration, to another person a medicinal poison, potent substance, restricted substance or specified narcotic substance if –

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

(i) employed by a disability services program approved by the Secretary or employed by a disability service provider who is funded by, and is the subject of a funding agreement with, the Department; and

(ii) acting in accordance with guidelines approved by the Secretary; and

(b) the person to whom the poison or substance is administered or made available –

(i) is receiving services from a disability services program approved by the Secretary or from a disability service provider who is funded by, and is the subject of a funding agreement with, the Department; and

(ii) 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 a 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; and

(g) in the case of a specified narcotic substance, the storage and recording of the substance is in accordance with the guidelines referred to in paragraph (a)(ii) .

95A.   Administration of certain substances by school staff

(1)  In this section –

governing body has the same meaning as in the Education Act 1994 ;

parent has the same meaning as in the Education Act 1994 ;

principal has the same meaning as in the Education Act 1994 ;

registered school has the same meaning as in the Education Act 1994 ;

school has the same meaning as in the Education Act 1994 ;

school ancillary staff has the same meaning as in the Education Act 1994 ;

school staff includes teachers, guidance officers, social workers, speech pathologists and school ancillary staff;

school student has the same meaning as in the Education Act 1994 ;

State school has the same meaning as in the Education Act 1994 .

(2)  A person may administer, or make available for self-administration, to a school student a medicinal poison, potent substance, restricted substance or narcotic substance if –

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

(i) is a member of the school staff; and

(ii) is acting –

(A) with the authority of the principal; and

(B) in the case of a State school, in accordance with guidelines approved by the Secretary of the department responsible for the administration of the Education Act 1994 ; and

(C) in the case of a registered school, in accordance with guidelines approved by the governing body of the registered school; and

(b) the school student 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 school student 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 school student 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 guidelines referred to in paragraph (a)(ii)(B) or (C) .

(3)  The guidelines referred to in subregulation (2)(a)(ii)(B) and (C) must include the following:

(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 narcotics 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.

95B.   Administration of certain substances by Academy staff

(1)  In this section –

Academy staff includes teachers, guidance officers, social workers, speech pathologists and Academy support staff;

Academy support staff means a member of the Academy staff who is not –

(a) a teacher; or

(b) a guidance officer; or

(c) a social worker; or

(d) a speech pathologist;

chief executive officer has the same meaning as in the Education and Training (Tasmanian Academy) Act 2008 ;

parent includes a guardian or other person having the care or control of an Academy student;

post-Year 10 education has the same meaning as in the Education and Training (Tasmanian Academy) Act 2008 .

(2)  A person may administer, or make available for self-administration, to an Academy student a medicinal poison, potent substance, restricted substance or narcotic substance if –

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

(i) is a member of the Academy staff; and

(ii) is acting –

(A) with the authority of the principal; and

(B) in accordance with guidelines approved by the chief executive officer of the Academy; and

(b) the Academy student 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 Academy student 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 Academy student 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 guidelines referred to in paragraph (a)(ii)(B) .

(3)  The guidelines referred to in subregulation (2)(a)(ii)(B) must include the following:

(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 narcotics 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.

95C.   Administration of certain substances by Polytechnic employees

(1)  In this section –

chief executive officer has the same meaning as in the Education and Training (Tasmanian Polytechnic) Act 2008 ;

parent includes a guardian or other person having the care or control of a Polytechnic student;

Polytechnic employee means a person appointed or employed for the purposes of the Polytechnic;

post-Year 10 education and training has the same meaning as in the Education and Training (Tasmanian Polytechnic) Act 2008 .

(2)  A person may administer, or make available for self-administration, to a Polytechnic student a medicinal poison, potent substance, restricted substance or narcotic substance if –

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

(i) is a Polytechnic employee; and

(ii) is acting –

(A) with the authority of the principal; and

(B) in accordance with guidelines approved by the chief executive officer of the Polytechnic; and

(b) the Polytechnic student 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 Polytechnic student 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 Polytechnic student 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 guidelines referred to in paragraph (a)(ii)(B) .

(3)  The guidelines referred to in subregulation (2)(a)(ii)(B) must include the following:

(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 narcotics 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.

95D.   Administration of certain substances by child carers

(1)  In this regulation –

child means a child who has not attained the age of 13 years and who is being provided with child care;

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

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

parent includes a guardian or other person having the care or control of a child;

person-in-charge has the same meaning as in the Child Care Act 2001 .

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

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

(i) is a child carer; and

(ii) is acting –

(A) with the authority of the person-in-charge; and

(B) in accordance with Child Care Standards approved by the Secretary of the department responsible for the administration of the Child Care Act 2001 ; 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 Child Care Standards referred to in paragraph (a)(ii)(B) .

(3)  The Child Care Standards referred to in subregulation (2)(a)(ii)(B) must include the following:

(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 narcotics 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.

95E.   Administration of certain substances by foster-parents

A person may administer, or make available for self-administration, to a child in his or her care a medicinal poison, potent substance, restricted substance or narcotic substance if –

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

(i) is a foster-parent; and

(ii) is acting in accordance with guidelines approved by the Secretary; and

(b) the child to whom the poison or substance is administered or made available –

(i) is under the guardianship or in the custody of the Secretary of the department responsible for the administration of the Children, Young Persons and Their Families Act 1997 ; and

(ii) 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 guidelines referred to in paragraph (a)(ii) .

95F.   Administration of certain substances by aged-care workers in community care services

(1)  In this regulation –

aged care service has the same meaning as in the Aged Care Act 1997 of the Commonwealth;

community care has the same meaning as in the Aged Care Act 1997 of the Commonwealth;

community care service has the same meaning as in the Aged Care Act 1997 of the Commonwealth.

(2)  A person who is not a nurse may administer, or make available for self-administration, to another person, who is being provided with community care by a community 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 employed by an aged care service that provides a community 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

(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 a 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.

95G.   Administration of certain substances by carers

(1)  Subject to subregulation (2) , a person may administer, or make available for self-administration, to another person a medicinal poison, potent substance, restricted substance or narcotic substance if –

(a) the person administering the poison or substance, or making it available, has the care of, and responsibility for, the other person; 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 a 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.

(2)  This regulation does not authorise the administration, or making available, of a poison or substance by –

(a) a person employed by a disability services program approved by the Secretary or employed by a disability service provider who is funded by, and is the subject of a funding agreement with, the Department; or

(b) a member of school staff within the meaning of regulation 95A ; or

(c) a member of Academy staff within the meaning of regulation 95B ; or

(d) a Polytechnic employee within the meaning of regulation 95C ; or

(e) a child carer within the meaning of regulation 95D ; or

(f) a foster-parent within the meaning of regulation 95E ; or

(g) a person employed by an aged care service that provides a community care service within the meaning of regulation 95F ; or

(h) a person employed by a medical institution or day-treatment centre; or

(i) a person employed at a detention centre.

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

Notified in the Gazette on 9 December 2009

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  –

(a) consequent on the enactment of the Education and Training (Miscellaneous and Consequential Amendments) Act 2008 , the Education and Training (Tasmanian Academy) Act 2008 and the Education and Training (Tasmanian Polytechnic) Act 2008 ; and

(b) by prescribing persons who may administer medicinal poisons and potent, restricted and narcotic substances; and

(c) by prescribing the conditions on which those poisons and substances may be administered.