Drugs, Poisons and Controlled Substances Amendment (Supply by Midwives) Act 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Drugs, Poisons and Controlled Substances Amendment (Supply by Midwives) Act 2012 No. 14 of 2012 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 Principal Act 2 4 Definitions 2 5 Persons authorised to have possession etc. of poisons or controlled substances 3 6 Restrictions on authorisations for certain health practitioners 3 7 Minister to approve scope of prescribing rights or supply of poisons 3 8 Regulations 4 9 General regulations 4 10 Repeal of amending Act 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Drugs, Poisons and Controlled Substances Amendment (Supply by Midwives) Act 2012 † No. 14 of 2012 [Assented to 3 April 2012] The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Drugs, Poisons and Controlled Substances Act 1981 to provide that endorsed midwives may possess, and use, sell or supply, certain drugs required for midwifery practice. Victoria -- 2 of 7 -- Drugs, Poisons and Controlled Substances Amendment (Supply by Midwives) Act 2012 No. 14 of 2012 2 Authorised by the Chief Parliamentary Counsel 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If this Act does not come into operation before 30 November 2012, it comes into operation on that date. 3 Principal Act In this Act, the Drugs, Poisons and Controlled Substances Act 1981 is called the Principal Act. 4 Definitions In section 4(1) of the Principal Act, insert the following definition— "registered midwife means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a midwife (other than as a nurse or student); and (b) in the register of midwives kept for that profession;". s. 2 See: Act No. 9719. Reprint No. 9 as at 1 July 2010 and amending Act Nos 39/2010, 43/2010, 64/2010, 29/2011, 41/2011, 43/2011 and 51/2011. LawToday: www. legislation. vic.gov.au -- 3 of 7 -- Drugs, Poisons and Controlled Substances Amendment (Supply by Midwives) Act 2012 No. 14 of 2012 3 Authorised by the Chief Parliamentary Counsel 5 Persons authorised to have possession etc. of poisons or controlled substances (1) After section 13(1)(bb) of the Principal Act insert— "(bc) any registered midwife whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law is hereby authorised to obtain and have in his or her possession and to use, sell or supply any Schedule 2, 3, 4 or 8 poison approved by the Minister and specified in the endorsement in the lawful practice of his or her profession as a registered midwife; and". (2) After section 13(2AAB) of the Principal Act insert— "(2AAC) Subsection (1)(bc) shall not be construed as authorising a registered midwife referred to in that paragraph to sell or supply any Schedule 2, 3, 4 or 8 poison by retail in an open shop unless the registered midwife is licensed under this Act to do so.". 6 Restrictions on authorisations for certain health practitioners In section 14(3) of the Principal Act for "or registered nurse" (where twice occurring) substitute ", registered nurse or registered midwife". 7 Minister to approve scope of prescribing rights or supply of poisons (1) In section 14A(1) of the Principal Act, after "(bb)," insert "(bc),". s. 5 -- 4 of 7 -- Drugs, Poisons and Controlled Substances Amendment (Supply by Midwives) Act 2012 No. 14 of 2012 4 Authorised by the Chief Parliamentary Counsel (2) In section 14A(1A) of the Principal Act— (a) after "section 13(1)(bb)" insert "or (bc)"; and (b) after "registered nurse" (where twice occurring) insert "or registered midwife". 8 Regulations (1) In section 129(1)(a) and (aa) of the Principal Act, after "registered nurses," insert "registered midwives,". (2) In section 129(2) of the Principal Act, after "registered nurse," insert "registered midwife,". 9 General regulations (1) After section 132(h) of the Principal Act, insert— "(i) prescribing the Schedule 2, 3, 4 or 8 poisons that a registered midwife or class of registered midwife is authorised to obtain and have in his or her possession and to use, sell or supply;". (2) In section 132 of the Principal Act— (a) in paragraph (k), after "registered nurses," insert "registered midwives,"; and (b) in paragraph (q), after "registered nurse," insert "registered midwife,"; and (c) in paragraph (z), after "registered nurses," insert "registered midwives,"; and (d) in paragraph (za), after "registered nurse," insert "registered midwife,"; and (e) in paragraph (zc), after "registered nurse," insert "registered midwife,". s. 8 -- 5 of 7 -- Drugs, Poisons and Controlled Substances Amendment (Supply by Midwives) Act 2012 No. 14 of 2012 5 Authorised by the Chief Parliamentary Counsel 10 Repeal of amending Act This Act is repealed on 30 November 2013. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 10 -- 6 of 7 -- Drugs, Poisons and Controlled Substances Amendment (Supply by Midwives) Act 2012 No. 14 of 2012 6 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 29 February 2012 Legislative Council: 15 March 2012 The long title for the Bill for this Act was "A Bill for an Act to amend the Drugs, Poisons and Controlled Substances Act 1981 to provide for certain midwives to possess, use, sell and supply certain drugs in the course of midwifery practice and for other purposes." Endnotes -- 7 of 7 --