Health (Notification of Stimulant Induced Psychosis) Regulations 2010

Western Australia

Health Act 1911

1.Citation

These regulations are the Health (Notification of Stimulant Induced Psychosis) Regulations 2010 1.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b)the rest of the regulations — on the day that is 3 months after that day.

[3‑8.Have not come into operation 2.]

Notes

1This is a compilation of the Health (Notification of Stimulant Induced Psychosis) Regulations 2010 1a. The following table contains information about those regulations.

Compilation table

Citation	Gazettal	Commencement
Health (Notification of Stimulant Induced Psychosis) Regulations 2010 r. 1 and 2	7 Jan 2011 p. 46‑9	7 Jan 2011 (see r. 2(a))

1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Citation	Gazettal	Commencement
Health (Notification of Stimulant Induced Psychosis) Regulations 2010 r. 3‑8 2	7 Jan 2011 p. 46‑9	7 Apr 2011 (see r. 2(b))

2On the date as at which this compilation was prepared, the Health (Notification of Stimulant Induced Psychosis) Regulations 2010 r. 3‑8 had not come into operation. They read as follows:

3.Terms used

In these regulations —

approved means approved by the CEO;

current clinic has the meaning given in the Poisons Regulations 1965 regulation 51FA;

current prescriber has the meaning given in the Poisons Regulations 1965 regulation 51FA;

notified information means the following information —

(a)information contained in a notification given to the CEO under regulation 5;

(b)information provided to the CEO under regulation 6;

psychiatrist has the meaning given in the Mental Health Act 1996 section 3;

stimulant means —

(a)amphetamine; or

(b)cocaine; or

(c)dexamphetamine; or

(d)methylphenidate; or

(e)methylamphetamine; or

(f)any of the salts of a substance referred to in paragraphs (a) to (e); or

(g)any preparation or admixture containing a substance referred to in paragraphs (a) to (f);

stimulant induced psychosis means a psychotic episode caused by the use of a stimulant, whether or not the person experiencing the psychosis has a pre‑existing psychotic disorder.

4.Stimulant induced psychosis a prescribed condition of health

Stimulant induced psychosis is prescribed as a condition of health to which Part IXA of the Act applies.

5.Notification by psychiatrists of stimulant induced psychosis

(1)A psychiatrist who makes a diagnosis of stimulant induced psychosis in respect of a patient must notify the CEO within 72 hours of making the diagnosis.

Penalty: a fine of not more than $1 000 and not less than —

(a)for a first offence, $100;

(b)for a second offence, $200;

(c)for a third or subsequent offence, $500.

(2)The notice must be in an approved form and must include the following information —

(a)the full name and address of the patient;

(b)the sex and date of birth of the patient;

(c)full details of the diagnosis including details of the stimulant involved (if known);

(d)the full name, address and telephone number of the psychiatrist giving the notification.

6.CEO may require information

(1)If the CEO —

(a)is notified of a diagnosis of stimulant induced psychosis under regulation 5; and

(b)believes, on reasonable grounds, that a person has information that the CEO considers would assist in achieving the objects of Part IXA of the Act with respect to the diagnosis,

the CEO may, in writing, request the person to provide the information.

(2)A person who receives a request under subregulation (1) must comply with the request within 72 hours after receiving it.

Penalty: a fine of not more than $1 000 and not less than —

(a)for a first offence, $100;

(b)for a second offence, $200;

(c)for a third or subsequent offence, $500.

(3)It is a defence to a prosecution for an offence under subregulation (2) if the person charged proves that the person did not have at the relevant time the information requested.

7.Stimulant Induced Psychosis Register

(1)The CEO is to keep a register to be known as the Stimulant Induced Psychosis Register.

(2)The register is to contain all notified information in respect of each patient who, at the time the notification is received, has a current prescriber or a current clinic.

(3)The register is to be kept in the manner and form determined by the CEO.

8.Offence to disclose information

A person who, in the course of the person’s duty, has access to any notified information from which the identity of the person to whom the information relates is apparent or can reasonably be ascertained must not disclose that information unless the disclosure —

(a)is made with the written consent of the person to whom the information relates; or

(b)is to a current prescriber or the manager of a current clinic of the person to whom the information relates.

Penalty: a fine of not more that $1 000 and not less than —

(a)for a first offence, $100;

(b)for a second offence, $200;

(c)for a third or subsequent offence, $500.