Drugs, Poisons and Controlled Substances Amendment Regulations2017
S.R. No. 13/2017
table of provisions
Regulation Page
Regulation Page
1 Objective 1
2 Authorising provisions 1
3 Commencement 1
4 Principal Regulations 2
5 Definitions 2
6 New regulation 4A inserted 2
7 Patient identity and therapeutic need to be determined for drugs of dependence—pharmacists 3
8 Pharmacist administration, sale or supply authorised from within Victoria 3
9 Requirements when supply of Schedule 4 poison is made on a residential medication chart 4
10 Storage requirements 4
11 Persons required to keep records 4
12 Details to be contained in records 4
13 Methods by which records are to be retained and retrieved 5
14 Therapeutic need to be determined—pharmacists 5
15 Requirements to supply 5
16 Lost or stolen poisons to be notified 5
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Endnotes 6
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Drugs, Poisons and Controlled Substances Amendment Regulations2017
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statutory rules 2017
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Drugs, Poisons and Controlled Substances Amendment Regulations2017
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Drugs, Poisons and Controlled Substances Act 1981
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Drugs, Poisons and Controlled Substances Amendment Regulations2017
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Drugs, Poisons and Controlled Substances Amendment Regulations2017
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Drugs, Poisons and Controlled Substances Amendment Regulations2017
S.R. No. 13/2017
The Governor in Council makes the following Regulations:
Dated: 27 March 2017
Responsible Minister:
JILL HENNESSY
Minister for Health
MONICA BIRD
Acting Clerk of the Executive Council
1 Objective
The objective of these Regulations is to amend theDrugs, Poisons and Controlled Substances Regulations 2006 to reflect the repeal of an instrument made under a Commonwealth Act inrelation to residential medication charts.
2 Authorising provisions
These Regulations are made under sections 129 and 132 of the Drugs, Poisons and Controlled Substances Act 1981.
3 Commencement
These Regulations come into operation on 28March 2017.
4 Principal Regulations
In these Regulations, the Drugs, Poisons and Controlled Substances Regulations 2006[1] are called the Principal Regulations.
5 Definitions
In regulation 4 of the Principal Regulations—
(a) for the definition of residential medication chart substitute—
"residential medication chart means a medication chart within the meaning ofthe Commonwealth Regulations thatis kept in respect of a person who is receiving treatment as a resident;";
(b) the definition of National Health (Residential Medication Chart) Determination 2012 is revoked;
(c) insert the following definitions—
"chart instruction has the meaning given in regulation 4A;
Commonwealth Regulations means the National Health (Pharmaceutical Benefits) Regulations 1960 of the Commonwealth;".
6 New regulation 4A inserted
After regulation 4 of the Principal Regulations insert—
"4A Meaning of chart instruction
(1) A chart instruction is an order—
(a) that provides for a person to be treated with a Schedule 3 poison or Schedule 4 poison; and
(b) that is given by complying with the procedure set out in the Commonwealth Regulations for writing a medication chart prescription within the meaning of those Regulations.
(2) An order may be a chart instruction—
(a) whether or not the Schedule 3 poison or Schedule 4 poison in respect of which the order is given is a pharmaceutical benefit within the meaning of the Commonwealth Regulations; and
(b) whether or not the person who writesthe instruction is a PBS prescriber within the meaning of theCommonwealth Regulations.
Note
Under the Commonwealth Regulations, an instruction that isnot for a pharmaceutical benefit, or that is not given by a PBS prescriber, is not a medication chart prescription.".
7 Patient identity and therapeutic need to be determined for drugs of dependence—pharmacists
In regulation 12(1) of the Principal Regulations, for "on a residential medication chart completed by" substitute "on a chart instruction that is given on a residential medication chart by".
8 Pharmacist administration, sale or supply authorised from within Victoria
For regulation 15(1)(ea) of the Principal Regulations substitute—
"(ea) in the case of a Schedule 4 poison for a resident, on a chart instruction that is givenon a residential medication chart byaregistered medical practitioner if the pharmacist has seen the material that, under regulation 21A(2) of the Commonwealth Regulations, an approved supplier must see before supplying a pharmaceutical benefit on the basis of a medication chart prescription; or".
9 Requirements when supply of Schedule 4 poison is made on a residential medication chart
In regulation 30A of the Principal Regulations, for "on a residential medication chart for a resident" substitute "on a chart instruction that is given on a residential medication chart".
10 Storage requirements
For regulation 36(2)(b)(ii)(A) and (B) of the Principal Regulations substitute—
"(A) with a Schedule 4 poison, a Schedule 8 poison or a Schedule 9 poison on a prescription; or
(B) with a Schedule 4 poison on a chart instruction that is given on a residential medication chart.".
11 Persons required to keep records
For regulation 39(d)(ii)(A) and (B) of the Principal Regulations substitute—
"(A) with a Schedule 4 poison, a Schedule 8 poison or a Schedule 9 poison on a prescription; or
(B) with a Schedule 4 poison on a chart instruction that is given on a residential medication chart; and".
12 Details to be contained in records
In regulation 40(1)(ca) of the Principal Regulations, for "on a residential medication chart" substitute "on a chart instruction that isgiven on a residential medication chart".
13 Methods by which records are to be retained and retrieved
In regulation 41(6) of the Principal Regulations, for"or a residential medication chart" substitute"oron a chart instruction that is givenon a residential medication chart".
14 Therapeutic need to be determined—pharmacists
For regulation 61(ab) of the Principal Regulations substitute—
"(ab) on a chart instruction that is given on a residential medication chart by a registered medical practitioner; or".
15 Requirements to supply
For regulation 63(3)(a) of the Principal Regulations substitute—
"(a) on the prescription of a registered medical practitioner; or
(ab) on a chart instruction that is given on a residential medication chart by a registered medical practitioner; or".
16 Lost or stolen poisons to be notified
For regulation 70(2)(e)(ii)(A) and (B) of the Principal Regulations substitute—
"(A) with a Schedule 4 poison, a Schedule 8 poison or a Schedule 9 poison on a prescription; or
(B) with a Schedule 4 poison on a chart instruction that is given on a residential medication chart.".
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Endnotes
Drugs, Poisons and Controlled Substances Amendment Regulations2017
S.R. No. 13/2017
Endnotes
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[1] Reg. 4: S.R. No. 57/2006. Reprint No. 2 as at 21 October 2016. Reprinted to S.R. No.134/2016. Extended in operation by S.R. No. 42/2016.