Reg. 4 def. of pharmacy department amended by S.R. No. 63/2007 reg. 5(1)(e), substituted by S.R. No. 131/2010 reg. 4(f). pharmacy department has the same meaning as it has in the Pharmacy Regulation Act 2010; r. 4 Reg. 4 def. of podiatrist revoked by S.R. No. 63/2007 reg. 5(1)(f). * * * * * prostaglandin means a substance listed as a prostaglandin in Part 2 of Chapter 1 of the Poisons Code; Reg. 4 def. of registered dental auxiliary substituted as registered dental hygienist by S.R. No. 63/2007 reg. 5(1)(g), substituted by S.R. No. 131/2010 reg. 4(g), amended by S.R. No. 136/2012 reg. 5(3). registered dental hygienist means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the dental profession as a dental hygienist (other than as a student); and (b) in the dental hygienists division of the Register of Dental Practitioners; Reg. 4 def. of registered dental therapist inserted by S.R. No. 63/2007 reg. 5(1)(g), substituted by S.R. No. 131/2010 reg. 4(h). registered dental therapist means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the dental profession as a dental therapist (other than as a student); and (b) in the dental therapists division of the Register of Dental Practitioners;
have in his or her possession a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison to the extent shown in Column 2. Reg. 5(1) (Table) amended by S.R. Nos 63/2007 reg. 6(1)(5), 131/2010 reg. 6(1)–(5), 136/2012 reg. 6(1)–(4). TABLE Column 1 Column 2 1 1. A person who holds or who is the agent of a person who holds a licence, permit or warrant issued under the Act or these Regulations. Those Schedule 4 poisons, Schedule 8 poisons or Schedule 9 poisons named on the licence, permit or warrant to the extent and for the purpose specified in the licence, permit or warrant. 2. A person who is a carrier, a carrier's employee or a messenger. For the purposes of delivery to the person to whom the consignment is addressed, those Schedule 4 poisons, Schedule 8 poisons or Schedule 9 poisons consigned by— (a) a person holding a licence or permit under the Act or these Regulations; or Column 1 Column 2
3. A person for whom a Schedule 9 poison has been supplied by a registered medical practitioner, pharmacist or dentist in accordance with the Act and these Regulations. That Schedule 9 poison to the extent and for the purpose for which it is supplied. 4. A person for whom a Schedule 8 poison has been supplied by a registered medical practitioner, pharmacist, dentist, nurse practitioner, authorised registered nurse or authorised registered midwife in accordance with the Act and these Regulations. That Schedule 8 poison to the extent and for the purpose for which it is supplied. 5. A person for whom a Schedule 4 poison has been supplied by a registered medical practitioner, pharmacist, dentist, nurse practitioner, authorised registered nurse or authorised registered midwife in accordance with the Act and these Regulations. That Schedule 4 poison to the extent and for the purpose for which it was supplied. 6. A person for whom a Schedule 4 poison has been supplied in accordance with the Act and these Regulations by an authorised optometrist whose endorsement of registration specifies that Schedule 4 poison. That Schedule 4 poison to the extent and for the purpose for which it is supplied. r. 5 Column 1 Column 2
2 10. An operational staff member within the meaning of the Ambulance Services Act 1986. Those Schedule 4 poisons or Schedule 8 poisons listed in the health services permit held by that ambulance service within the meaning of the Ambulance Services Act 1986. 11. A member of St John Ambulance Australia (Vic.) recognised by that organisation as qualified to Advanced First Aid level. Those Schedule 4 poisons listed in the health services permit held by St John Ambulance Australia (Vic.). 12. A master or chief officer of a ship in port in . Those Schedule 4 poisons or Schedule 8 poisons that are required by State, Commonwealth or international law to complete the equipment of that ship. 13. A yacht owner or crew member who is a member of Yachting Australia and whose yacht is entered in a race conducted under the rules of Yachting Australia. Those Schedule 4 poisons or Schedule 8 poisons contained in the Medical Kit for the Yachting Australia Race Category in which the yacht is entered. 14. A registered optometrist carrying on the lawful practice of his or her profession. Those Schedule 4 poisons approved by the Secretary that are required in the practice of his or her profession for use in the eyes of patients. r. 5 Column 1 Column 2
15. A registered podiatrist carrying on the lawful practice of his or her profession. Those Schedule 4 poisons approved by the Secretary that are required in the practice of his or her profession for the treatment of conditions of the human foot. 16. A person who holds a permit to use etorphine in accordance with the Act and these Regulations or a person assisting that permit holder. Those morphine antagonists that are necessary for administration as an antidote to etorphine. 17. An Australian Ski Patrol Association Inc. qualified ski patroller. Those Schedule 4 poisons approved by the Secretary that are required in the performance of a ski patroller's duties for the treatment of emergencies. 18. A Director of State Emergency Services. Those Schedule 4 poisons or Schedule 8 poisons that are required in the performance of his or her duties in an emergency coming within his or her jurisdiction. 19. A municipal council, an environmental health officer or a nurse or midwife employed or appointed by a municipal council. Those Schedule 4 poisons that are necessary for immunisation programs coordinated by a municipal council in accordance with its functions under the Health Act 1958. r. 5 Column 1 Column 2
27 Emergency directions to pharmacists regarding supply r. 27 (1) Despite anything in this Division to the contrary, a registered medical practitioner, veterinary practitioner or dentist may issue oral instructions to a pharmacist to supply a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison if in the opinion of the registered medical practitioner, veterinary practitioner or dentist, an emergency exists. Reg. 27(2) amended by S.R. No. 136/2012 reg. 16(1). (2) Despite anything in this Division to the contrary, a nurse practitioner or an authorised registered midwife may issue oral instructions to a pharmacist to supply a Schedule 4 poison or Schedule 8 poison if, in the opinion of the nurse practitioner or authorised registered midwife, an emergency exists. Reg. 27(3) amended by S.R. No. 63/2007 reg. 14(1). (3) Despite anything in this Division to the contrary, an authorised optometrist or an authorised podiatrist may issue oral instructions to a pharmacist to supply a Schedule 4 poison if, in the opinion of the authorised optometrist or the authorised podiatrist, an emergency exists. Reg. 27(4) amended by S.R. Nos 63/2007 reg. 14(2), 136/2012 reg. 16(2). (4) A registered medical practitioner, veterinary practitioner, dentist, nurse practitioner, an authorised registered midwife, an authorised optometrist or an authorised podiatrist who issues oral instructions pursuant to subregulation (1), (2) or (3), as the case requires, must as soon as practicable write a prescription— (a) indicating that it is in confirmation of the oral instructions; and (b) deliver or forward that prescription to the pharmacist. 50 penalty units.
Reg. 29(4)(a) amended by S.R. Nos 131/2010 reg. 12(3), 136/2012 reg. 17(3)(b). (a) the dosage regimen or use is so complex that the nurse practitioner, authorised registered nurse or authorised registered midwife has supplied the patient with separate written instruction; or Reg. 29(4)(b) amended by S.R. Nos 63/2007 reg. 15(2), 131/2010 reg. 12(4), 136/2012 reg. 17(4). (b) the administration of the poison is to be carried out by a registered medical practitioner, pharmacist, dentist, authorised optometrist, authorised podiatrist, nurse or registered midwife. Reg. 29(5) amended by S.R. No. 63/2007 reg. 15(3). (5) An authorised optometrist or an authorised podiatrist who supplies a Schedule 4 poison for the treatment of a specific person must ensure that the container in which it is packed is labelled with the following information— r. 29 (a) the name of the patient; and (b) the date of recording as required by Division 5; and (c) the name, address and telephone number of the place of supply; and (d) the name of the poison or controlled substance or a trade name which unambiguously identifies the poison or controlled substance and its strength, form and quantity; and (e) subject to subregulation (6), the directions for use. 50 penalty units.
Reg. 47(2)(da) inserted by S.R. No. 136/2012 reg. 25(7). (da) in the case of a nurse who is a nurse practitioner, in accordance with regulation 9(1); or Reg. 47(2)(db) inserted by S.R. No. 136/2012 reg. 25(7). (db) in the case of a nurse who is an authorised registered nurse, in accordance with regulation 9A(1); or Reg. 47(2)(dc) inserted by S.R. No. 136/2012 reg. 25(7). (dc) in the case of a registered midwife who is an authorised registered midwife, in accordance with regulation 9B(1); or r. 47 (e) in accordance with regulation 5(2) or an approval of the Secretary under regulation 5(3). Reg. 47(3) amended by S.R. Nos 131/2010 reg. 18(6), 136/2012 reg. 25(8). (3) A nurse or registered midwife must not administer a Schedule 4 poison other than— Reg. 47(3)(a) amended by S.R. Nos 63/2007 reg. 21(1), 136/2012 reg. 25(9). (a) in accordance with the directions for use on the container of the Schedule 4 poison supplied by a registered medical practitioner, pharmacist, dentist, nurse practitioner, an authorised registered midwife, an authorised optometrist or an authorised podiatrist; or Reg. 47(3)(b) amended by S.R. Nos 63/2007 reg. 21(1), 136/2012 reg. 25(10). (b) on the written instruction of a registered medical practitioner, dentist, nurse practitioner, an authorised registered midwife, an authorised optometrist or an authorised podiatrist; or
Reg. 47(3)(c) substituted by S.R. No. 63/2007 reg. 21(2), amended by S.R. Nos 131/2010 reg. 18(7), 136/2012 reg. 25(8)(11). (c) on the oral instruction of a registered medical practitioner, dentist, nurse practitioner, an authorised registered midwife, an authorised optometrist or an authorised podiatrist to the nurse or registered midwife, if in the opinion of the registered medical practitioner, dentist, nurse practitioner, authorised registered midwife, authorised optometrist or authorised podiatrist, an emergency exists; or Reg. 47(3)(d) amended by S.R. Nos 131/2010 reg. 18(8), 136/2012 reg. 25(8). (d) on the written transcription of the oral instructions referred to in paragraph (c) by another nurse or registered midwife who received those instructions; or Reg. 47(3)(da) inserted by S.R. No. 136/2012 reg. 25(12). (da) in the case of a nurse who is a nurse practitioner, in accordance with regulation 9(2); or r. 47 Reg. 47(3)(db) inserted by S.R. No. 136/2012 reg. 25(12). (db) in the case of a nurse who is an authorised registered nurse, in accordance with regulation 9A(2); or Reg. 47(3)(dc) inserted by S.R. No. 136/2012 reg. 25(12). (dc) in the case of a registered midwife who is an authorised registered midwife, in accordance with regulation 9B(3); or (e) in accordance with regulation 5(2) or an approval of the Secretary under regulation 5(3). 100 penalty units. Reg. 47(4) amended by S.R. Nos 63/2007 reg. 21(3), 136/2012 reg. 25(13). (4) A registered medical practitioner, dentist, nurse practitioner, an authorised registered midwife, an authorised optometrist or an authorised podiatrist who issues oral instructions in accordance with subregulation (1)(c), (2)(c) or (3)(c) (as the case requires) must as soon as practicable—
Column 1 Description of licence or permit Column 2 Issue of licence or permit Column 3 Amendment of licence or permit where amendment requires inspection of premises by an authorised officer Column 4 Renewal of licence or permit 10. A licence to sell or supply by wholesale by Indent any Schedule 2 poison, Schedule 3 poison or Schedule 7 poison or any combination of those poisons. 493 fee units 493 fee units 186 fee units 11. A licence to sell or supply by retail any Schedule 2 poison. 337 fee units 337 fee units 141 fee units 12. A permit to purchase or obtain and use for industrial, educational, advisory or research purposes any Schedule 8 poison or Schedule 9 poison (alone or together with any Schedule 2 poison, Schedule 3 poison, Schedule 4 poison or Schedule 7 poison or any combination of those poisons). 478 fee units 478 fee units 183 fee units r. 75
Table of Amendments Endnotes This Version incorporates amendments made to the Drugs, Poisons and Controlled Substances Regulations 2006 by statutory rules, subordinate instruments and Acts. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Drugs, Poisons and Controlled Substances (Health Professions Amendment) Regulations 2007, S.R. No. 63/2007 Date of Making: 26.6.07 Date of Commencement: 1.7.07: reg. 3 Drugs, Poisons and Controlled Substances Amendment Regulations 2009, S.R. No. 16/2009 Date of Making: 24.2.09 Date of Commencement: Reg. 5 on 24.2.09: reg. 3(1); regs 6–8 on 1.3.09: reg. 3(2) Drugs, Poisons and Controlled Substances Amendment Regulations 2010, S.R. No. 131/2010 Date of Making: 26.10.10 Date of Commencement: 26.10.10 Drugs, Poisons and Controlled Substances Amendment Regulations 2012, S.R. No. 136/2012 Date of Making: 27.11.12 Date of Commencement: 30.11.12: reg. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes Fee Units These Regulations provide for fees by reference to fee units established under the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2010 is $11.95. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee 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 fee 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 Required by the Subordinate Legislation Regulations 2004 Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 4 (definition of listed regulated poison) Poisons Code Part 2 of Chapter 1 Regulation 4 (definition of ovulatory stimulant) Poisons Code Part 2 of Chapter 1 Regulation 4 (definition of prostaglandin) Poisons Code Part 2 of Chapter 1 Regulation 4 (definition of retinoid) Poisons Code Part 2 of Chapter 1 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 4 (definition of special Schedule 7 substance) Poisons Code which incorporates: Appendix C of Part 5 of the Standard for the Uniform Scheduling of Drugs and Poisons as in force from time to time Part 2 of Chapter 1