Document ID: chunk:federal_register_of_legislation:F2023L01179:reg:8
Version: federal_register_of_legislation:F2023L01179
Segment Type: reg
Provision Reference: reg 8
Character Range: 4332–5672

8               Factors that must exist
At least one of the following factors must exist before it can be said that, on the balance of probabilities, tardive dyskinesia or death from tardive dyskinesia is connected with the circumstances of a person's relevant service:
(1)          taking an antipsychotic medication for least 3 continuous months for persons under 60 years of age or at least 1 month for persons aged 60 years or older, before the clinical onset of tardive dyskinesia and where the symptoms and signs of tardive dyskinesia develop during antipsychotic medication use or within 4 weeks of withdrawal from an oral antipsychotic medication or within 8 weeks of withdrawal from a long-acting injectable antipsychotic medication;
(2)          taking antiemetic drug metoclopramide, domoperidone, droperidol, or prochlorperazine, or the anxiety drug buspirone for least 3 continuous months for persons under 60 years of age or at least 1 month in subjects aged 60 years or older, before the clinical onset of tardive dyskinesia and where the symptoms and signs of tardive dyskinesia develop during antiemetic medication use or within 4 weeks of withdrawal from an antiemetic medication;
(3)          inability to obtain appropriate clinical management for tardive dyskinesia before the clinical worsening of tardive dyskinesia.