I AM THE LAW
Browse › Legislation › Victoria

Drugs, Poisons and Controlled Substances (Optometrists) Regulations 1998

Legislation · Victoria · 2020
i Drugs, Poisons and Controlled Substances (Optometrists) Regulations 1998 S.R. No. 132/1998 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Principal Regulations 1 4. Definitions 2 5. Possession of drugs 2 6. Insertion of new regulation 8A 2 8A. Therapeutic need to be determined—authorised optometrists 2 7. Notification of fraudulently obtaining of drugs and poisons 3 8. Pharmacist supply of poisons authorised from within Victoria 3 9. Optometrists authorised to write Schedule 4 prescriptions 3 10. Style and required particulars for prescriptions 3 11. Labelling of containers of drugs 4 12. Administration of drugs and poisons in health services 4 13. Administration of drugs and poisons to be authorised 4 14. Self administration of drugs and poisons 5 ═══════════════ NOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 1998 S.R. No. 132/1998 Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances (Optometrists) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 27 October 1998 Responsible Minister: ROB KNOWLES Minister for Health SHARNE BRYAN Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Drugs, Poisons and Controlled Substances Regulations 1995 1 to provide for the obtaining and the possession, use, sale and supply of certain Schedule 4 poisons by qualified optometrists. 2. Authorising provisions These Regulations are made under sections 129, 130 and 132 of the Drugs, Poisons and Controlled Substances Act 1981. 3. Principal Regulations In these Regulations the Drugs, Poisons and Controlled Substances Regulations 19952 are called the Principal Regulations. -- 2 of 7 -- S.R. No. 132/1998 Drugs, Poisons and Controlled Substances (Optometrists) Regulations 1998 2 4. Definitions In regulation 4 of the Principal Regulations— (a) after the definition of "approved" insert— ' "authorised optometrist" means a registered optometrist whose registration is endorsed under section 11 of the Optometrists Registration Act 1996;'; and (b) the definition of "optometrist" is revoked. 5. Possession of drugs In the table to regulation 5(1) of the Principal Regulations— (a) in Column 1 of Part 1, in item 4, for "or dentist," substitute ", dentist or authorised optometrist"; and (b) in Column 1 of Part 2, in item 8, for "An optometrist" substitute "A registered optometrist"; and (c) in Column 2 of Part 2, in item 8— (i) after "required", omit "for use in the eyes of patients"; and (ii) after "profession", insert "for use in the eyes of patients". 6. Insertion of new regulation 8A After regulation 8 of the Principal Regulations insert— "8A. Therapeutic need to be determined— authorised optometrists An authorised optometrist must not administer, prescribe, sell or supply a Schedule 4 poison unless— r. 4 -- 3 of 7 -- S.R. No. 132/1998 Drugs, Poisons and Controlled Substances (Optometrists) Regulations 1998 3 (a) that poison is for the ocular treatment of a person under his or her care; and (b) the optometrist has taken all reasonable steps to ensure a therapeutic need exists for that poison. Penalty: 100 penalty units.". 7. Notification of fraudulently obtaining of drugs and poisons In regulation 11 of the Principal Regulations, for "or dentist" substitute ", dentist or authorised optometrist". 8. Pharmacist supply of poisons authorised from within Victoria In regulation 12(1)(b) of the Principal Regulations, for "or veterinary surgeon" substitute ", veterinary surgeon or authorised optometrist". 9. Optometrists authorised to write Schedule 4 prescriptions In regulation 22 of the Principal Regulations— (a) in sub-regulation (1), for "or dentist" substitute ", dentist or authorised optometrist"; (b) in sub-regulation (2), for "or dentist" substitute ", dentist or authorised optometrist". 10. Style and required particulars for prescriptions In regulation 23 of the Principal Regulations— (a) in sub-regulation (3)(g)(ii), after "dentist" insert ", authorised optometrist"; r. 7 -- 4 of 7 -- S.R. No. 132/1998 Drugs, Poisons and Controlled Substances (Optometrists) Regulations 1998 4 (b) after sub-regulation (6) insert— "(7) An authorised optometrist must not direct that a prescription for a Schedule 4 poison be supplied more than once. Penalty: 50 penalty units.". 11. Labelling of containers of drugs In regulation 26 of the Principal Regulations— (a) in sub-regulation (1), for "medical or dental treatment of a specific person" substitute "treatment of a specific person"; (b) in sub-regulation (2)— (i) in paragraph (b), for "or veterinary surgeon" substitute ", veterinary surgeon or authorised optometrist"; (ii) in paragraph (c), for "or nurse" substitute ", nurse or authorised optometrist". 12. Administration of drugs and poisons in health services In regulation 45(1) of the Principal Regulations, after "dentist" insert ", authorised optometrist". 13. Administration of drugs and poisons to be authorised In regulation 46 of the Principal Regulations— (a) in sub-regulation (1)— (i) for "or dentist" substitute ", dentist or authorised optometrist"; (ii) for "legibly and durably in writing" substitute "in writing in a legible and durable form"; r. 11 -- 5 of 7 -- S.R. No. 132/1998 Drugs, Poisons and Controlled Substances (Optometrists) Regulations 1998 5 (b) in sub-regulation (2), for "or dentist" substitute ", dentist or authorised optometrist"; (c) in sub-regulation (4)— (i) in paragraph (a), for "or dentist" substitute ", dentist or authorised optometrist"; (ii) in paragraph (b) for "or dentist" substitute ", dentist or authorised optometrist". 14. Self administration of drugs and poisons In regulation 47 of the Principal Regulations, in paragraph (a), for "or dentist" substitute ", dentist or authorised optometrist". ═══════════════ r. 14 -- 6 of 7 -- S.R. No. 132/1998 Drugs, Poisons and Controlled Substances (Optometrists) Regulations 1998 6 NOTES 1 Reg. 1: S.R. No. 63/1995 as amended by S.R. Nos 20/1996, 47/1996, 81/1996, 26/1997 and 75/1997. 2 Reg. 3: See note 1. Notes -- 7 of 7 --