4 Definitions In these Regulations— aged care service has the same meaning as it has in the Aged Care Act 1997 of the Commonwealth; animal includes any bird, fish or insect; approved means approved in writing by the Secretary; approved provider has the same meaning as it has in the Aged Care Act 1997 of the Commonwealth; Australian Orthoptic Board means a committee constituted of the directors of the Australian Orthoptists Registration Body Pty Ltd; Reg. 4 def. of authorised optometrist amended by S.R. No. 63/2007 reg. 5(1)(a), substituted by S.R. No. 131/2010 reg. 4(a). authorised optometrist means a registered optometrist whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law; Reg. 4 def. of authorised podiatrist inserted by S.R. No. 63/2007 reg. 5(2), substituted by S.R. No. 131/2010 reg. 4(b). authorised podiatrist means a registered podiatrist whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law;
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; Reg. 4 def. of registered oral health therapist inserted by S.R. No. 131/2010 reg. 5. registered oral health therapist means a person registered under the Health Practitioner Regulation National Law— (a) to practice in the dental profession as an oral health therapist (other than as a student); and (b) in the oral health therapists division of the Register of Dental Practitioners; Reg. 4 def. of resident inserted by S.R. No. 194/2014 reg. 5. resident means a person who receives residential care in a residential facility;
PART 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. 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. Column 1 Column 2
20 A registered dental hygienist, registered dental therapist or registered oral health therapist. Those Schedule 4 poisons approved by the Secretary that are required for the provision of dental care by the registered dental hygienist, registered dental therapist or registered oral health therapist. 21. An orthoptist practising under the direction of a registered medical practitioner or an authorised optometrist. Those Schedule 4 poisons that are local anaesthetics and cycloplegics in topical ophthalmic preparations for the use in the eyes of patients. Reg. 5(2) amended by S.R. Nos 131/2010 reg. 6(6), 136/2012 reg. 6(5). (2) A nurse or registered midwife is authorised to possess those Schedule 4 poisons, Schedule 8 poisons or Schedule 9 poisons that are necessary for administration to a patient under the care of that nurse or registered midwife in accordance with— (a) the instructions of and upon the authorisation for that patient by— (i) in the case of a Schedule 4 poison, Schedule 8 poison or Schedule 9 poison, a registered medical practitioner or dentist; or Reg. 5(2)(a)(ii) amended by S.R. No. 136/2012 reg. 6(6). (ii) in the case of a Schedule 4 poison or Schedule 8 poison, a nurse practitioner or an authorised registered midwife; or Reg. 5(2)(a)(iii) amended by S.R. No. 63/2007 reg. 6(6)(a). (iii) in the case of a Schedule 4 poison specified in his or her endorsement of registration, an authorised optometrist or an authorised podiatrist; or (b) the conditions of a permit to purchase or obtain and use a poison or controlled
15 Pharmacist administration, sale or supply authorised from within (1) A pharmacist must not administer, sell or supply a Schedule 4 poison or Schedule 8 poison except— (a) in accordance with section 13(3) of the Act; or (b) subject to regulation 16, on the original prescription of— Reg. 15(1)(b)(i) amended by S.R. No. 136/2012 reg. 12(1). (i) in the case of a Schedule 8 poison, a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner or an authorised registered midwife; Reg. 15(1) (b)(ii) amended by S.R. No. 136/2012 reg. 12(2). (ii) in the case of a Schedule 4 poison, a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner or an authorised registered midwife; Reg. 15(1) (b)(iii) amended by S.R. No. 63/2007 reg. 10(1). (iii) in the case of a Schedule 4 poison specified in his or her endorsement of registration, an authorised optometrist or an authorised podiatrist; or (c) in accordance with regulation 27; or Reg. 15(1)(d) amended by S.R. No. 136/2012 reg. 12(3). (d) in the case of a Schedule 8 poison, on the order of a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner or an authorised registered midwife; or (e) in the case of a Schedule 4 poison, on the order of— Reg. 15(1)(e)(i) amended by S.R. No. 136/2012 reg. 12(4). (i) a registered medical practitioner, veterinary practitioner, dentist, nurse practitioner or an authorised registered midwife; or
directions for use of the poison on a label on the container if— (a) in the case of a pharmacist— (i) directions for use have not been included by the prescriber on the prescription for that poison; or (ii) the dosage regimen or use is so complex that the prescriber has supplied the patient with separate written instruction; or (b) the dosage regimen or use is so complex that the registered medical practitioner, veterinary practitioner or dentist has supplied the patient with separate written instruction; or Reg. 29(2)(c) amended by S.R. Nos 63/2007 reg. 15(1), 131/2010 reg. 12(1), 136/2012 reg. 17(1). (c) the administration of the poison is to be carried out by a registered medical practitioner, pharmacist, veterinary practitioner, dentist, authorised optometrist, authorised podiatrist, nurse or registered midwife. Reg. 29(3) amended by S.R. Nos 131/2010 reg. 12(2), 136/2012 reg. 17(2). (3) A nurse practitioner, an authorised registered nurse or authorised registered midwife who supplies a Schedule 4 poison or Schedule 8 poison for the treatment of a specific person must ensure that the container in which it is packed is labelled with the following information— (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
(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. 29(6) amended by S.R. No. 63/2007 reg. 15(4)(a). (6) An authorised optometrist or an authorised podiatrist who supplies a Schedule 4 poison in accordance with subregulation (5) is not required to include directions for use of the poison on a label on the container if— Reg. 29(6)(a) amended by S.R. No. 63/2007 reg. 15(4)(b). (a) the dosage regimen or use is so complex that the authorised optometrist or authorised podiatrist has supplied the patient with separate written instruction; or Reg. 29(6)(b) amended by S.R. Nos 63/2007 reg. 15(4)(c), 131/2010 reg. 12(5), 136/2012 reg. 17(5). (b) the administration of the poison is to be carried out by a registered medical practitioner, pharmacist, dentist, an authorised optometrist, an authorised podiatrist, nurse or registered midwife. (7) A veterinary practitioner is not required to comply with subregulation (1) if a Schedule 4 poison is supplied in bulk for treatment of flocks or herds of animals provided that— (a) each container of the poison retains the manufacturer's original label; and (b) the veterinary practitioner provides written instructions containing the information specified in subregulation (1) to the owner
Item No. Column 1 Authorised person Column 2 Circumstances and extent 1. A person who transports a narcotic plant cultivated under an authority under regulation 52 after it has been harvested For the purposes of transport and delivery to the person to whom the consignment of the narcotic plant is addressed 2. A person who stores a narcotic plant cultivated under an authority under regulation 52 after it has been harvested For the purposes of storing the narcotic plant after it has been harvested 3. A person who processes a narcotic plant cultivated under an authority under regulation 52 after it has been harvested For the purposes of processing the narcotic plant after it has been harvested (2) In this regulation— process means treat by mechanical, chemical or other artificial means. Division 9—Warrants for ovulatory stimulants, prostaglandins, retinoids and thalidomide 53 Requirement for warrants (1) A registered medical practitioner must not purchase, obtain, use, supply or prescribe an ovulatory stimulant, a prostaglandin, a retinoid or thalidomide unless he or she holds a warrant under the Act to do so. 100 penalty units.
50 penalty units. 63 Requirements to supply Reg. 63(1) amended by S.R. Nos 63/2007 reg. 27(1), 131/2010 reg. 23, 136/2012 reg. 30(1). (1) A registered medical practitioner, pharmacist, veterinary practitioner, dentist, nurse practitioner, an authorised registered nurse, an authorised registered midwife, an authorised optometrist or an authorised podiatrist who sells or supplies a Schedule 3 poison to a person must— (a) personally deliver or personally supervise its delivery to the person; and (b) provide directions for the use of the Schedule 3 poison; and (c) place a label on the container which uniquely identifies the supplier. 50 penalty units. (2) Subregulation (1) does not apply to a pharmacist who sells or supplies a Schedule 3 poison by wholesale. Reg. 63(3) amended by S.R. Nos 63/2007 reg. 27(2), 136/2012 reg. 30(2), substituted by S.R. No. 194/2014 reg. 14. (3) Subregulation (1)(a) and (b) do not apply to a pharmacist who sells or supplies a Schedule 3 poison— (a) on the prescription or residential medication chart of a registered medical practitioner; or (b) on the prescription of a veterinary practitioner, dentist, nurse practitioner, an authorised registered midwife, an authorised optometrist or an authorised podiatrist. 64 Administration or supply prohibited if to support drug dependency A person must not administer, prescribe, sell or supply a Schedule 3 poison to a person merely for the purpose of supporting the drug dependence of that person.
Schedule 2 poison, Schedule 3 poison or Schedule 7 poison or any combination of those poisons. 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 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 13. A permit to purchase or obtain and use for industrial, 438 fee units 438 fee units 155 fee units