Drugs, Poisons and Controlled Substances (Nurse Practitioner and Miscellaneous Amendments)

Drugs, Poisons and Controlled Substances (Nurse Practitioner and Miscellaneous Amendments) Regulations 2004

S.R. No. 150/2004

table of provisions

RegulationPage

Part 1—Preliminary

1.Objective

2.Authorising provisions

3.Principal Regulations

Part 2—Nurse Practitioner Provisions and CertainReference Amendments

4.New Part 1A inserted

Part 1A—Prescribed Poisons for Categories of Nurse Practitioner

4A.Prescribed poisons related to certain categories of nursepractitioner

5.Possession and administration of drugs of dependence, Schedule4, Schedule 8 and Schedule 9 poisons

6.New regulation 7A inserted

7A.Patient identity and therapeutic need to be determined—nurse practitioners

7.Patient identity and therapeutic need to be determined for drugs of dependence—pharmacists

8.Notification of fraudulently obtaining of drugs and poisons

9.Pharmacist administration, sale or supply authorised from withinVictoria

10.Pharmacist administration, sale or supply authorised from outsideVictoria

11.Permit required in particular circumstances for specialised
supply

12.Disclosure of drug use within previous 8 weeks required

13.Persons authorised to write prescriptions

14.Style and required particulars for prescriptions

15.Emergency directions to pharmacists regarding supply

16.Containers of drugs to be labelled with certain details

17.Retention of original prescriptions or orders once supply completed

18.Details to be contained in records

19.Administration of drugs and poisons to be authorised

20.Self administration of drugs and poisons restricted

21.Exceptions

22.New regulation 58A inserted

58A.Therapeutic need to be determined—nurse
practitioners

23.Therapeutic need to be determined—pharmacists

24.Personal supply and use requirements

25.Poisons to be sold by wholesale and retail in original unopened packs

26.Amendments to Schedule 2

27.New Schedule 3 inserted

Part 3—Update of Various rEferences

28.Update of various references

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ENDNOTES

Part 1—Preliminary

Drugs, Poisons and Controlled Substances (Nurse Practitioner and Miscellaneous Amendments) Regulations 2004

S.R. No. 150/2004

statutory rules 2004

S.R. No. 150/2004

Part 1—Preliminary

Drugs, Poisons and Controlled Substances (Nurse Practitioner and Miscellaneous Amendments) Regulations 2004

S.R. No. 150/2004

Drugs, Poisons and Controlled Substances Act 1981

Part 1—Preliminary

Drugs, Poisons and Controlled Substances (Nurse Practitioner and Miscellaneous Amendments) Regulations 2004

S.R. No. 150/2004

Drugs, Poisons and Controlled Substances (Nurse Practitioner and Miscellaneous Amendments) Regulations 2004

Part 1—Preliminary

Drugs, Poisons and Controlled Substances (Nurse Practitioner and Miscellaneous Amendments) Regulations 2004

S.R. No. 150/2004

The Governor in Council makes the following Regulations:

Dated: 30 November 2004

Responsible Minister:

BRONWYN PIKE

Minister for Health

diane casey

Clerk of the Executive Council

Part 1—Preliminary

1.Objective

The objective of these Regulations is to amend the Drugs, Poisons and Controlled Substances Regulations 1995 to—

(a) make further provision for the obtaining and the possession, use, sale and supply of certain Schedule 2, 3, 4 and 8 poisons by nurse practitioners under the Drugs, Poisons and Controlled Substances Act 1981; and

(b)update various references in those regulations.

2.Authorising provisions

r. 2

These Regulations are made under sections 129, 132 and 132B of the Drugs, Poisons and Controlled Substances Act 1981.

3.Principal Regulations

In these Regulations, the Drugs, Poisons and Controlled Substances Regulations 1995[1] are called the Principal Regulations.

______

Part 2—Nurse Practitioner Provisions and Certain Reference Amendments

4.New Part 1A inserted

r. 4

After Part 1 of the Principal Regulations insert—

"Part 1A—Prescribed Poisons for Categories of Nurse Practitioner

4A.Prescribed poisons related to certain categories of nurse practitioner

(1)The prescribed Schedule 2, 3, 4 and 8 poisons that a nurse practitioner whose registration is endorsed with the category of nurse practitioner–wound management is authorised to obtain and have in his or her possession and to use, sell or supply are the poisons set out in Part 1 of Schedule 3.

(2)The prescribed Schedule 3 and 4 poisons that a nurse practitioner whose registration is endorsed with the category of nurse practitioner–intensive care unit liaison is authorised to obtain and have in his or her possession and to use, sell or supply are the poisons set out in Part 2 of Schedule 3.

(3)The prescribed Schedule 3 and 4 poisons that a nurse practitioner whose registration is endorsed with the category of nurse practitioner–young people's health is authorised to obtain and have in his or her possession and to use, sell or supply are the poisons set out in Part 3 of Schedule 3.".

5.Possession and administration of drugs of dependence, Schedule 4, Schedule 8 and Schedule 9 poisons

r. 5

(1)After item 4 in Part 1 of the table in regulation 5 of the Principal Regulations insert—

"4A. / A person for whom a Schedule 4 poison or a Schedule 8 poison has been supplied by a nurse practitioner in accordance with the Act and these Regulations, or that person's agent / That Schedule 4 or Schedule 8 poison to the extent and for the purpose for which it is supplied.".

(2)In the table in regulation 5 of the Principal Regulations—

(a)in item 5 for "veterinary surgeon" substitute "veterinary practitioner";

(b)in item 9 for "chiropodist" substitute "podiatrist".

(3)In regulation 5 of the Principal Regulations, for "Chief General Manager" (wherever occurring) substitute "Secretary".

6.New regulation 7A inserted

After regulation 7 of the Principal Regulations insert—

"7A.Patient identity and therapeutic need to be determined—nurse practitioners

(1)A nurse practitioner must not administer, prescribe, sell or supply a Schedule 8 poison unless—

(a)that poison is for the treatment of a person under his or her care; and

(b)he or she has taken all reasonable steps to ascertain the identity of that person; and

(c)he or she has taken all reasonable steps to ensure a therapeutic need exists for that poison.

Penalty:100 penalty units.

(2)A nurse practitioner must not administer, prescribe, sell or supply a Schedule 4 poison unless—

(a)that poison is for the treatment of a person under his or her care; and

(b)he or she has taken all reasonable steps to ensure a therapeutic need exists for that poison.

Penalty:100 penalty units.".

7.Patient identity and therapeutic need to be determined for drugs of dependence—pharmacists

r. 7

In regulation 9 of the Principal Regulations—

(a)after "medical practitioner," insert "nurse practitioner,";

(b)for "veterinary surgeon" substitute "veterinary practitioner".

8.Notification of fraudulently obtaining of drugs and poisons

At the end of regulation 11 of the Principal Regulations insert—

"(2)A nurse practitioner who suspects or has reason to believe that a person has obtained from him or her by means of a false pretence—

(a)a Schedule 4 poison or Schedule 8 poison; or

(b)an order or prescription for a Schedule4 poison or Schedule 8 poison—

must immediately inform the Secretary and a member of the Victoria Police of that suspicion or belief.

Penalty:50 penalty units.".

9.Pharmacist administration, sale or supply authorised from within Victoria

r. 9

In regulation 12 of the Principal Regulations—

(a)in sub-regulation (1)—

(i)after "medical practitioner," insert "nurse practitioner,";

(ii)for "veterinary surgeon" substitute "veterinary practitioner";

(b)in sub-regulation (2) after "medical practitioner" (where twice occurring) insert "or nurse practitioner".

10.Pharmacist administration, sale or supply authorised from outside Victoria

In regulation 14 of the Principal Regulations—

(a)after "medical practitioner," insert "nurse practitioner,";

(b)for "veterinary surgeon" substitute "veterinary practitioner";

(c)for "veterinary surgery" substitute "nursing, veterinary science".

11.Permit required in particular circumstances for specialised supply

r. 11

In regulation 18 of the Principal Regulations—

(a)after "medical practitioner" (wherever occurring) insert "or nurse practitioner";

(b)for "Chief General Manager" (wherever occurring) substitute "Secretary";

(c)for sub-regulation (2)(d) substitute—

"(d)in the case of a medical practitioner, he or she is a paediatrician or a psychiatrist who is treating a person for attention deficit disorder; or".

12.Disclosure of drug use within previous 8 weeks required

In regulation 21 of the Principal Regulations—

(a)after "medical practitioner," insert "nurse practitioner,";

(b)for "veterinary surgeon" substitute "veterinary practitioner".

13.Persons authorised to write prescriptions

(1)In regulation 22(1) of the Principal Regulations—

(a)after "medical practitioner," insert "nurse practitioner,";

(b)after "Schedule 9 poison" insert "(as the case requires)".

(2)In regulation 22(2) of the Principal Regulations after "Schedule 9 poison" insert "(as the case requires)".

(3)After regulation 22(2) of the Principal Regulations insert—

"(2A)A nurse practitioner must not write a prescription for a Schedule 4 poison or Schedule 8 poison other than for the treatment of a person named on the prescription.

Penalty:100 penalty units.".

14.Style and required particulars for prescriptions

r. 14

In regulation 23 of the Principal Regulations—

(a)for "Chief General Manager" (wherever occurring) substitute "Secretary";

(b)after "medical practitioner," insert "nurse practitioner,";

(c)for "veterinary surgeon" (where twice occurring) substitute "veterinary practitioner".

15.Emergency directions to pharmacists regarding supply

(1)After regulation 24(1) of the Principal Regulations insert—

"(1A)Despite anything in these Regulations to the contrary, a nurse practitioner may issue oral instructions to a pharmacist to supply a Schedule 4 poison or Schedule 8 poison if, in the opinion of the nurse practitioner, an emergency exists.".

(2)In regulation 24(2) of the Principal Regulations after "medical practitioner," insert "nurse practitioner,".

(3)In regulation 24 of the Principal Regulations for "veterinary surgeon" (wherever occurring) substitute "veterinary practitioner".

16.Containers of drugs to be labelled with certain details

r. 16

In regulation 26(2) of the Principal Regulations—

(a)after "medical practitioner," (where twice occurring) insert "nurse practitioner,";

(b)for "veterinary surgeon" (where twice occurring) substitute "veterinary practitioner".

17.Retention of original prescriptions or orders once supply completed

In regulation 30(1) of the Principal Regulations—

(a)for "veterinary surgeon" substitute "veterinary practitioner"; and

(b)after "dentist" insert "or a Schedule 8 poison on the prescription or order of a nurse practitioner"; and

(c)in paragraph (a) after "Schedule 9 poison" insert "(as the case requires)".

18.Details to be contained in records

In regulation 39 of the Principal Regulations—

(a)after "medical practitioner," insert "nurse practitioner,";

(b)for "veterinary surgeon" substitute "veterinary practitioner";

(c)after sub-regulation (1)(f) insert—

"(fa)in the case of a Schedule 8 poison which has been destroyed by a nurse practitioner in accordance with regulation 50(1)(da), the details set out in regulation 50(1)(da)(ii); and".

19.Administration of drugs and poisons to be authorised

r. 19

(1)After regulation 46(1) of the Principal Regulations insert—

"(1A)A nurse practitioner who orders the administration of a Schedule 4 poison or Schedule 8 poison to a person must provide that instruction in writing in a legible and durable form and must date and confirm that order with his or her handwritten signature.

Penalty:100 penalty units.".

(2)After regulation 46(2) of the Principal Regulations insert—

"(2A)A person must not administer a Schedule 4 poison or Schedule 8 poison to another person on the instruction of a nurse practitioner if—

(a)in the case of a Schedule 4 poison, it is more than 12 months after the date on which the instruction was given; or

(b)in the case of Schedule 8 poison, it is more than 6 months after the date on which the instruction was given.

Penalty:100 penalty units.".

(3)In regulation 46(3) of the Principal Regulations for "Chief General Manager" substitute "Secretary".

(4)In regulation 46(4) of the Principal Regulations—

(a)in paragraphs (a) and (b) after "medical practitioner," insert "nurse practitioner,";

(b)in paragraph (c) after "medical practitioner" (where twice occurring) insert ", nurse practitioner";

(c)in paragraph (e) for "Chief General Manager" substitute "Secretary".

(5)In regulation 46(5) of the Principal Regulations after "medical practitioner" insert ", nurse practitioner".

20.Self administration of drugs and poisons restricted

r. 20

In regulation 47 of the Principal Regulations after "medical practitioner," insert "nurse practitioner,".

21.Exceptions

(1)After regulation 50(1)(d) of the Principal Regulations insert—

"(da)subject to sub-regulation (2), a Schedule 8 poison if—

(i)it is destroyed by a nurse practitioner in the presence of another person who is a medical practitioner, nurse practitioner, pharmacist, veterinary practitioner or dentist; and

(ii)the details of the destruction, including the name, strength and quality of the poison or controlled substance destroyed, the method and place of destruction and the names of the person carrying out the destruction and the witness are recorded in the records to be kept under regulation 39 and made available for the inspection of an authorised officer when requested; or".

(2)For regulation 50(1)(e)(i) of the Principal Regulations substitute—

"(i)it is destroyed by a medical practitioner, veterinary practitioner or dentist in the presence of another person who is a medical practitioner, nurse practitioner, veterinary practitioner or dentist; and".

(3)For regulation 50(2) of the Principal Regulations substitute—

"(2)The Secretary may direct a person referred to in sub-regulation (1)(da) or (e) to comply with any requirements relating to the destruction of a Schedule 8 poison or Schedule 9 poison (as the case requires) specified in writing by the Secretary.".

22.New regulation 58A inserted

r. 22

After regulation 58 of the Principal Regulations insert—

"58A.Therapeutic need to be determined—nurse practitioners

A nurse practitioner must not administer, prescribe, sell or supply a Schedule 3 poison unless—

(a)that poison is for the treatment of a person under his or her care; and

(b)he or she has taken all reasonable steps to ensure a therapeutic need exists for that poison.

Penalty:50 penalty units.".

23.Therapeutic need to be determined—pharmacists

r. 23

In regulation 61 of the Principal Regulations—

(a)after "medical practitioner," insert "nurse practitioner,";

(b)for "veterinary surgeon" substitute "veterinary practitioner".

24.Personal supply and use requirements

In regulation 63 of the Principal Regulations—

(a)after "medical practitioner," insert "nurse practitioner,";

(b)for "veterinary surgeon" substitute "veterinary practitioner".

25.Poisons to be sold by wholesale and retail in original unopened packs

In regulation 66(2) of the Principal Regulations for "veterinary surgeon" substitute "nurse practitioner, veterinary practitioner".

26.Amendments to Schedule 2

In Schedule 2 to the Principal Regulations—

(a)in Form DP1 omit "Dr.";

(b)for the heading to Form DP2 substitute—

"TREATMENT WITH SCHEDULE 8 POISONS OR SCHEDULE 9 POISONS BY A MEDICAL PRACTITIONER OR SCHEDULE 8 POISONS BY A NURSE PRACTITIONER";

(c)in Part A of Form DP2—

(i)after "medical practitioner" (wherever occurring) insert "/nurse practitioner";

(ii)for "Schedule 9 poison(s)" substitute "Schedule 9 poison(s)*";

(iii)for "Schedule 9 poison" (where first occurring) substitute "Schedule 9 poison*";

(iv)at the end of Part A of the Form insert—

"*References to Schedule 9 poisons must be deleted where this Form is completed by a nurse practitioner";

(d)in Form DP3—

(i)for the heading to that Form substitute—

"PERMIT TO ADMINISTER, PRESCRIBE OR SUPPLY A SCHEDULE 8 POISON OR SCHEDULE 9 POISON BY A MEDICAL PRACTITIONER OR A SCHEDULE 8 POISON BY A NURSE PRACTITIONER";

(ii)after "medical practitioner" (where twice occurring) insert "/nurse practitioner";

(iii)for "CHIEF GENERAL MANAGER" substitute "Secretary".

27.New Schedule 3 inserted

r. 27

After Schedule 2 to the Principal Regulations insert—

"SCHEDULE 3

Regulation 4A

Part 1

Nurse Practitioner–Wound Management

The prescribed poisons that a nurse practitioner–wound management is authorised to obtain and have in his or her possession and to use, sell or supply are the substances listed below—

Schedule 2 poisons—

Codeine
Lignocaine
Paracetamol

Schedule 3 poisons—

Clotrimazole
Codeine
Iron compounds
Miconazole

Schedule 4 poisons—

r. 27

Amoxycillin
Betamethasone
Bupivacaine
Cephalexin
Ciprofloxacin
Clavulanic acid
Clindamycin
Codeine
Dicloxacillin
Doxycycline
Flucloxacillin
Lignocaine
Methylprednisolone
Metronidazole
Mupirocin
Silver sulfadiazine
Terbinafine
Tramadol
Triamcinolone

Schedule 8 poisons—

Morphine
Oxycodone

Part 2

Nurse Practitioner–Intensive Care Unit Liaison

The prescribed poisons that a nurse practitioner–intensive care unit liaison is authorised to obtain and have in his or her possession and to use, sell or supply are the substances listed below—

Schedule 3 poison—

Adrenaline

Schedule 4 poisons—

Adrenaline
Digoxin
Dobutamine
Dopamine
Frusemide

Part 3

r. 27

Nurse Practitioner–Young People's Health

The prescribed poisons that a nurse practitioner–young people's health is authorised to obtain and have in his or her possession and to use, sell or supply are the substances listed below—

Schedule 3 poisons—

Levonorgestrel
Salbutamol

Schedule 4 poisons—

Azithromycin
Ethinyloestradiol
Hepatitis B vaccine
Levonorgestrel
Medroxyprogesterone".

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Part 3—Update of Various References

28.Update of various references

r. 28

(1)In regulation 4 of the Principal Regulations—

(a)in the definition of "approved", for "Chief General Manager" substitute "Secretary";

(b)in the definition of "child resistant closure", in paragraph (b), for "Chief General Manager" substitute "Secretary";

(c)the definition of "chiropodist" is revoked;

(d)after the definition of "pharmacy department" insert—

' "podiatrist" means a person registered as a podiatrist under the Podiatrists Registration Act 1997;'.

(2)In the Principal Regulations—

(a)in regulations 6, 10, 11, 20, 22 and 59, for "veterinary surgeon" (wherever occurring) substitute "veterinary practitioner";

(b)in regulations 11, 20, 28, 36, 42, 43, 51, 68 and 72, for "Chief General Manager" (wherever occurring) substitute "Secretary".

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Drugs, Poisons and Controlled Substances (Nurse Practitioner and Miscellaneous Amendments) Regulations 2004

S.R. No. 150/2004

ENDNOTES

Endnotes

[1]Reg. 3: S.R. No. 63/1995. Reprint No. 3 as at 1 November 2002. Reprinted to S.R. No. 86/2002 and subsequently amended by S.R. Nos 67/2003, 43/2004 and 44/2004.