4 Definitions r. 4 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 National Health (Continued Dispensing) Determination 2012 inserted by S.R. No. 107/2013 reg. 4. National Health (Continued Dispensing) Determination 2012 means the legislative instrument made under section 89A(3) of the National Health Act 1953 of the Commonwealth as formulated or published from time to time; Reg. 4 def. of nurse amended by S.R. No. 63/2007 reg. 5(1)(b), substituted by S.R. No. 131/2010 reg. 4(c). nurse means— (a) a registered nurse; (b) an enrolled nurse other than an enrolled nurse who has a notation on his or her registration indicating that he or she is not qualified to administer medication; r. 4 orthoptist means a person who is registered as an orthoptist with the Australian Orthoptic Board; ovulatory stimulant means a substance listed as an ovulatory stimulant in Part 2 of Chapter 1 of the Poisons Code; palliative care service means a service which provides medical and nursing care to persons who are terminally ill; Reg. 4 def. of pharmacy amended by S.R. No. 63/2007 reg. 5(1)(c), substituted by S.R. No. 131/2010 reg. 4(d). pharmacy has the same meaning as it has in the Pharmacy Regulation Act 2010;
Reg. 4 def. of pharmacy business amended by S.R. No. 63/2007 reg. 5(1)(d), substituted by S.R. No. 131/2010 reg. 4(e). pharmacy business has the same meaning as it has in the Pharmacy Regulation Act 2010; 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;
8 9 Division 1—Possession 5 Possession of Schedule 4 poisons, Schedule 8 poisons and Schedule 9 poisons r. 5 (1) A person or class of persons shown in an item in Column 1 of the following table is authorised to 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
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—
50 penalty units. Reg. 60B inserted by S.R. No. 63/2007 reg. 25. 60B Therapeutic need to be determined—authorised podiatrists r. 60 An authorised podiatrist must not administer, prescribe, sell or supply a Schedule 3 poison unless— (a) that poison is for the podiatric treatment of a person under his or her care; and (b) he or she has taken all reasonable steps to ensure a therapeutic need exists for that poison. 50 penalty units. 61 Therapeutic need to be determined—pharmacists A pharmacist who supplies a Schedule 3 poison other than— (a) by wholesale; or Reg. 61(b) amended by S.R. Nos 63/2007 reg. 26, 136/2012 reg. 29. (b) on the prescription of a registered medical practitioner, nurse practitioner, dentist, an authorised registered midwife, an authorised optometrist, an authorised podiatrist or veterinary practitioner— must do so only for the therapeutic use of a person or animal, after having taken all reasonable steps to ensure a therapeutic need exists for that poison. 50 penalty units. 62 Restrictions on storage and display A person who is authorised or licensed under the Act to sell or supply Schedule 3 poisons must not keep, store or display any Schedule 3 poison— (a) in a manner which readily allows by the public; or
and use any poison or controlled substance for the provision of health services by the following types of health service provider— Type A (single site with no beds); 362 fee units 362 fee units 144 fee units r. 75 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 Type B (residential aged care with single storage facility (no bed limit) or single site with 1 to 30 beds); 555 fee units 555 fee units 205 fee units Type C (multiple sites with no beds or single site with 31 to 100 beds); 763 fee units 763 fee units 342 fee units Type D (multiple sites or single site with more than 100 beds). 1082 fee units 1082 fee units 483 fee units r. 75