Document ID: chunk:federal_register_of_legislation:F2024C00843:reg:15fc:p1
Version: federal_register_of_legislation:F2024C00843
Segment Type: reg
Provision Reference: reg 15FC (pt 1/2)
Character Range: 52270–55234

15FC  Additional requirements for the use of restrictive practices that are chemical restraint
 (1) The following requirements apply to the use of a restrictive practice in relation to a care recipient that is chemical restraint:
 (a) the approved provider is satisfied that a medical practitioner or nurse practitioner has:
 (i) assessed the care recipient as posing a risk of harm to the care recipient or any other person; and
 (ii) assessed that the use of the chemical restraint is necessary; and
 (iii) prescribed medication for the purpose of using the chemical restraint; and
 (iv) obtained informed consent to the prescribing of the medication for the purpose of using the chemical restraint;
 (b) the following matters have been documented in the behaviour support plan for the care recipient:
 (i) the assessments;
 (ii) the practitioner's decision to use the chemical restraint;
 (iii) the care recipient's behaviours that are relevant to the need for the chemical restraint;
 (iv) the reasons the chemical restraint is necessary;
 (v) the information (if any) provided to the practitioner that informed the decision to prescribe the medication for the purpose of using the chemical restraint;
 (va) that the approved provider is satisfied that the practitioner obtained informed consent to the prescribing of the medication;
 (vb) the details of the prescription for the prescribed medication, including its name, dosage and when it may be used;
 (vi) a description of any engagement with persons other than the practitioner in relation to the use of the chemical restraint;
 (vii) a description of any engagement with external support services (for example, dementia support specialists) in relation to the assessments;
 (c) the use of the medication for the purpose of using the chemical restraint is in accordance with the prescription mentioned in subparagraph (b)(vb).
Note: Codes of appropriate professional practice for medical practitioners and nurse practitioners provide for the practitioners to obtain informed consent before prescribing medications. Those codes are approved under the National Law and are:
(a) for medical practitioners—Good medical practice: a code of conduct for doctors in Australia (which in 2021 could be viewed on the website of the Medical Board of Australia (https://www.medicalboard.gov.au)); and
(b) for nurse practitioners—Code of conduct for nurses (which in 2021 could be viewed on the website of the Nursing and Midwifery Board of Australia (https://www.nursingmidwiferyboard.gov.au)).
 (2) However, the requirements set out in subparagraph (1)(a)(iv) and paragraph (1)(b) do not apply to the use of a restrictive practice in relation to a care recipient if the use of the restrictive practice in relation to the care recipient is necessary in an emergency.
 (3) Subsection (2) applies only while the emergency exists.
Note: See section 15GB for other responsibilities of approved providers that apply if the