Drugs, Poisons and Controlled Substances Amendment (Residential Medication Chart) Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Drugs, Poisons and Controlled Substances Amendment (Residential Medication Chart) Regulations 2014 S.R. No. 194/2014 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Regulations 2 5 Definitions 2 6 Patient identity and therapeutic need to be determined for drugs of dependence—pharmacists 2 7 Pharmacist administration, sale or supply authorised from within Victoria 3 8 New Regulation 30A inserted 3 30A Requirements when supply of Schedule 4 poison is made on a residential medication chart 3 9 Storage requirements 4 10 Persons required to keep records 4 11 Details to be contained in records 4 12 Methods by which records are to be retained and retrieved 5 13 Therapeutic need to be determined—pharmacists 5 14 Requirements to supply 5 15 Lost or stolen poisons to be notified 5 ═══════════════ ENDNOTES 7 -- 1 of 8 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 194/2014 Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances Amendment (Residential Medication Chart) Regulations 2014 The Governor in Council makes the following Regulations: Dated: 29 October 2014 Responsible Minister: DAVID DAVIS Minister for Health YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Drugs, Poisons and Controlled Substances Regulations 2006 to provide for the supply of Schedule 4 poisons in accordance with the National Health (Residential Medication Chart) Determination 2012. 2 Authorising provisions These Regulations are made under sections 129, 132, 132A and 132B of the Drugs, Poisons and Controlled Substances Act 1981. 3 Commencement These Regulations come into operation on 30 October 2014. -- 2 of 8 -- S.R. No. 194/2014 Drugs, Poisons and Controlled Substances Amendment (Residential Medication Chart) Regulations 2014 2 Authorised by the Chief Parliamentary Counsel 4 Principal Regulations In these Regulations, the Drugs, Poisons and Controlled Substances Regulations 20061 are called the Principal Regulations. 5 Definitions In regulation 4 of the Principal Regulations insert the following definitions— "National Health (Residential Medication Chart) Determination 2012 means the legislative instrument made under section 93A(2) of the National Health Act 1953 of the Commonwealth as formulated or published from time to time; resident means a person who receives residential care in a residential facility; residential care service has the meaning given by Schedule 1 to the Aged Care Act 1997 of the Commonwealth; residential medication chart means an instruction, other than a prescription, given by a registered medical practitioner to a pharmacist to supply a Schedule 4 poison to the resident named on the residential medication chart, in accordance with the National Health (Residential Medication Chart) Determination 2012;". 6 Patient identity and therapeutic need to be determined for drugs of dependence—pharmacists In regulation 12(1) of the Principal Regulations, after "midwife" insert "or on a residential medication chart completed by a registered medical practitioner for a drug of dependence". r. 4 -- 3 of 8 -- S.R. No. 194/2014 Drugs, Poisons and Controlled Substances Amendment (Residential Medication Chart) Regulations 2014 3 Authorised by the Chief Parliamentary Counsel 7 Pharmacist administration, sale or supply authorised from within Victoria After regulation 15(1)(e) of the Principal Regulations insert— "(ea) in the case of a Schedule 4 poison for a resident, on a residential medication chart completed by a registered medical practitioner which— (i) is signed by the registered medical practitioner; and (ii) includes a copy of the page of the residential medication chart identifying the resident and the registered medical practitioner, the name of the pharmacy and the complete contact details of the pharmacy; or". 8 New regulation 30A inserted After regulation 30 of the Principal Regulations insert— "30A Requirements when supply of Schedule 4 poison is made on a residential medication chart A pharmacist who supplies a Schedule 4 poison on a residential medication chart for a resident must ensure that the residential medication chart is marked in a durable form in a way that indicates— (a) that the Schedule 4 poison has been supplied; and (b) the date of recording as required by Division 5 of this Part; and (c) the premises from which the Schedule 4 poison was supplied. Penalty: 50 penalty units.". r. 7 -- 4 of 8 -- S.R. No. 194/2014 Drugs, Poisons and Controlled Substances Amendment (Residential Medication Chart) Regulations 2014 4 Authorised by the Chief Parliamentary Counsel 9 Storage requirements For regulation 36(2)(b)(ii) of the Principal Regulations substitute— "(ii) that resident has been supplied— (A) on a prescription or on a residential medication chart with a Schedule 4 poison; or (B) on a prescription with a Schedule 8 poison or a Schedule 9 poison.". 10 Persons required to keep records For regulation 39(d)(ii) of the Principal Regulations substitute— "(ii) that resident has been supplied— (A) on a prescription or on a residential medication chart with a Schedule 4 poison; or (B) on a prescription with a Schedule 8 poison or a Schedule 9 poison; and". 11 Details to be contained in records After regulation 40(1)(c) of the Principal Regulations insert— "(ca) in the case of a transaction involving supply on a residential medication chart— (i) the name of the registered medical practitioner; and (ii) the directions for use as set out in the residential medication chart; and". r. 9 -- 5 of 8 -- S.R. No. 194/2014 Drugs, Poisons and Controlled Substances Amendment (Residential Medication Chart) Regulations 2014 5 Authorised by the Chief Parliamentary Counsel 12 Methods by which records are to be retained and retrieved In regulation 41(6) of the Principal Regulations, for "supplied, on a prescription, with a Schedule 4 poison," substitute "supplied with a Schedule 4 poison on prescription or a residential medication chart or supplied on prescription with a". 13 Therapeutic need to be determined—pharmacists After regulation 61(a) of the Principal Regulations insert— "(ab) on the residential medication chart of a registered medical practitioner; or". 14 Requirements to supply For regulation 63(3) of the Principal Regulations substitute— "(3) Subregulation (1)(a) and (b) do not apply to a pharmacist who sells or supplies a Schedule 3 poison— (a) on the prescription or residential medication chart of a registered medical practitioner; or (b) on the prescription of a veterinary practitioner, dentist, nurse practitioner, an authorised registered midwife, an authorised optometrist or an authorised podiatrist.". 15 Lost or stolen poisons to be notified For regulation 70(2)(e)(ii) of the Principal Regulations substitute— "(ii) that resident has been supplied— (A) on a prescription or on a residential medication chart with a Schedule 4 poison; or r. 12 -- 6 of 8 -- S.R. No. 194/2014 Drugs, Poisons and Controlled Substances Amendment (Residential Medication Chart) Regulations 2014 6 Authorised by the Chief Parliamentary Counsel (B) on a prescription with a Schedule 8 poison or a Schedule 9 poison.". ═══════════════ r. 15 -- 7 of 8 -- S.R. No. 194/2014 Drugs, Poisons and Controlled Substances Amendment (Residential Medication Chart) Regulations 2014 7 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 57/2006. Reprint No. 1 as at 16 June 2011. Reprinted to S.R. No. 131/2010. Subsequently amended by S.R. Nos 136/2012, 50/2013, 107/2013 and 108/2013. —— Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. The value of a penalty unit for the financial year commencing 1 July 2014 is $147.61. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. —— Table of Applied, Adopted or Incorporated Matter The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014. Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 5, which inserts the definition of National Health (Residential Medication Chart) Determination 2012 in regulation 4 of the Principal Regulations National Health (Residential Medication Chart) Determination 2012, made under section 93A(2) of the National Health Act 1953 of the Commonwealth The whole Endnotes -- 8 of 8 --