Health (Miscellaneous Provisions) Act 1911
Medicines and Poisons Act 2014
Health Regulations Amendment (Medicines and Poisons) Regulations 2024
Health (Miscellaneous Provisions) Act 1911
Medicines and Poisons Act 2014
Health Regulations Amendment (Medicines and Poisons) Regulations 2024
Western Australia
Health Regulations Amendment (Medicines and Poisons) Regulations 2024
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
Part 2 — Medicines and Poisons Regulations 2016 amended
3.Regulations amended2
4.Regulation 3 amended2
5.Part 2 heading amended3
6.Regulation 7A inserted3
7A.Schedule 4 reportable poisons (s. 77(2))3
7.Regulation 10 amended4
8.Regulation 11 amended4
9.Regulations 12 to 14 replaced4
12.Medication chart for patient in hospital4
13.Medication chart for patient discharged from hospital5
14.Chart for person in residential care6
10.Part 4 Division 4 inserted7
Division 4 — Real‑time prescription monitoring system
22A.Requirement to register with real‑time prescription monitoring system7
11.Regulation 23 amended8
12.Regulation 24 amended8
13.Regulation 37 amended8
14.Regulation 80 amended9
15.Part 11 heading replaced9
Part 11 — Prescription and supply of medicines that are Schedule 4 reportable poisons or Schedule 8 poisons
16.Regulation 114 amended9
17.Regulation 115 amended9
18.Regulation 116 amended10
19.Part 11 Division 3 deleted10
20.Regulation 125 amended10
21.Regulation 126 amended10
22.Regulation 128 amended12
23.Regulation 129 deleted12
24.Regulation 130 amended12
25.Regulations 131 and 132 deleted13
26.Regulation 143 amended13
27.Regulation 143A amended13
28.Regulation 155 amended14
29.Schedule 6 inserted14
Schedule 6 — List of Schedule 4 reportable poisons
Part 3 — Health (Notification of Stimulant Induced Psychosis) Regulations 2010 amended
30.Regulations amended15
31.Regulation 3 amended15
32.Regulation 7 amended15
33.Regulation 8 amended15
Health (Miscellaneous Provisions) Act 1911
Medicines and Poisons Act 2014
Health Regulations Amendment (Medicines and Poisons) Regulations 2024
Made by the Governor in Executive Council.
These regulations come into operation as follows —
(a)Part 1 — on the day on which these regulations are published on the WA legislation website (publication day);
(b)regulation 10 — on the day after the period of 6 months beginning on the day after publication day;
(c)the rest of the regulations — on the day after publication day.
Part 2 — Medicines and Poisons Regulations 2016 amended
This Part amends the Medicines and Poisons Regulations 2016.
(1)In regulation 3(1) insert in alphabetical order:
dentist means a person registered under the Health Practitioner Regulation National Law (Western Australia) whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law;
endorsed midwife means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the midwifery profession whose registration is endorsed under section 94 of that Law;
endorsed podiatrist means a podiatrist whose registration is endorsed under the Health Practitioner Regulation National Law (Western Australia) section 94;
nurse practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing profession whose registration under that Law is endorsed as nurse practitioner;
podiatrist means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the podiatry profession;
Schedule 4 reportable poison has the meaning given in section 77(1);
Note for this definition:
See also regulation 7A.
(2)In regulation 3(1) in the definition of residential care chart delete paragraph (b) and insert:
(b)a medication chart as defined in the National Health (Pharmaceutical Benefits) Regulations 2017 (Commonwealth) regulation 41(4);
In the heading to Part 2 delete “Classification of substances” and insert:
Substances
At the end of Part 2 insert:
7A.Schedule 4 reportable poisons (s. 77(2))
For the purposes of the definition of Schedule 4 reportable poison in section 77(1), each Schedule 4 poison specified in Schedule 6 of these regulations is a drug of addiction.
After regulation 10(1)(a)(iii) insert:
(iiia)if the document is for the supply of a medicine that is a Schedule 4 poison and is not for veterinary use — the date of birth of the patient (unless the supplier otherwise verifies the date of birth of the patient when the medicine is supplied);
In regulation 11(1)(b)(ii) and (c)(ii) after “signed” insert:
in ink
9.Regulations 12 to 14 replaced
Delete regulations 12 to 14 and insert:
12.Medication chart for patient in hospital
For the purposes of paragraph (c) of the definition of prescription in section 7(1), a document issued for the purpose of supplying a medicine that is a Schedule 4 or 8 poison for the use by a patient in a hospital can only be in the form of a medication chart if the chart meets the following requirements —
(a)all the details required by the chart about the patient and the medicine have been completed;
(b)for a medication chart completed in hard copy form — the prescriber has, in ink, signed and dated each entry in the chart about the medicine;
(c)for a medication chart completed in electronic form — the prescriber has completed the chart using an approved electronic prescribing system.
13.Medication chart for patient discharged from hospital
For the purposes of paragraph (c) of the definition of prescription in section 7(1), a document issued for the purpose of supplying a medicine that is a Schedule 4 or 8 poison when a patient is discharged from hospital can only be in the form of a medication chart if the chart meets the following requirements —
(a)all the details required by the chart about the patient and the medicine have been completed;
(b)for a medication chart completed in hard copy form — the prescriber has, in ink, written, signed and dated an authorisation for the medicine to be dispensed when the patient is discharged;
(c)for a medication chart completed in electronic form —
(i)the prescriber has electronically recorded on the chart an authorisation for the medicine to be dispensed when the patient is discharged; and
(ii)the prescriber has completed the chart using an approved electronic prescribing system.
14.Chart for person in residential care
(1)For the purposes of paragraph (c) of the definition of prescription in section 7(1), a document issued for the purpose of supplying a medicine that is a Schedule 4 poison for the use of a person who is a care recipient in a residential care facility can only be in the form of a residential care chart if the chart meets the following requirements —
(a)for a residential care chart completed in hard copy form —
(i)all the details required by the chart about the person and the medicine have been completed in ink; and
(ii)each entry in the chart about the medicine has been completed in ink; and
(iii)the prescriber has, in ink, signed and dated each entry in the chart about the medicine;
(b)for a residential care chart completed in electronic form —
(i)all the details required by the chart about the person and the medicine have been completed; and
(ii)the prescriber has completed the chart using an approved electronic prescribing system.
(2)For the purposes of paragraph (c) of the definition of prescription in section 7(1), a document issued for the purpose of supplying a medicine that is a Schedule 8 poison for the use of a person who is a care recipient in a residential care facility can only be in the form of a residential care chart if the chart meets the following requirements —
(a)all the details required by the chart about the patient and the medicine have been completed;
(b)the prescriber has completed the chart using an approved electronic prescribing system.
At the end of Part 4 insert:
Division 4 — Real‑time prescription monitoring system
22A.Requirement to register with real‑time prescription monitoring system
(1)In this regulation —
real‑time prescription monitoring system means an electronic system —
(a)operated by or on behalf of the Department; and
(b)used to monitor the dispensing and prescribing of relevant medicines;
relevant health professional means a dentist, endorsed midwife, endorsed podiatrist, medical practitioner, nurse practitioner or pharmacist;
relevant medicine means a medicine that is a Schedule 4 reportable poison or a Schedule 8 poison.
(2)This regulation applies to a relevant health professional who dispenses or prescribes a relevant medicine to a patient.
(3)Before dispensing or prescribing the medicine, the health professional must register with a real‑time prescription monitoring system.
Penalty for this subregulation: a fine of $1 000.
In regulation 23(1):
(a)in paragraph (e) delete “poison —” and insert:
poison not issued using an approved electronic prescribing system —
(b)in paragraph (e)(ii) delete “with the approval of the CEO,”.
After regulation 24(3) insert:
(4)This regulation does not apply to a prescription for the supply of a medicine that is a Schedule 4 or 8 poison if that prescription is issued using an approved electronic prescribing system.
In regulation 37 delete the definitions of:
dentist
endorsed midwife
endorsed podiatrist
nurse practitioner
podiatrist
In regulation 80(2)(a) after “signed” insert:
in ink
Delete the heading to Part 11 and insert:
Part 11 — Prescription and supply of medicines that are Schedule 4 reportable poisons or Schedule 8 poisons
(1)In regulation 114 delete the definition of “cannabis‑based product”.
(2)In regulation 114 in the definition of prescribing code delete “Schedule 8” and insert:
Monitored
In regulation 115 delete “Schedule 8” and insert:
Schedule 4 reportable poison or a Schedule 8
In regulation 116(2):
(a)delete “Schedule 8” and insert:
Schedule 4 reportable poison or a Schedule 8
(b)in paragraph (a) delete “a cannabis‑based product or”;
(c)delete paragraph (b).
Note: The heading to amended regulation 116 is to read:
Requirements for prescription or supply of medicine that is Schedule 4 reportable poison or Schedule 8 poison
Delete Part 11 Division 3.
(1)In regulation 125 delete the definitions of:
current stimulant clinic
current stimulant prescriber
stimulant co‑prescriber
(2)In regulation 125 in the definition of stimulant prescriber delete “designated as a stimulant prescriber” and insert:
or a person within a class of medical practitioners designated
(1)Delete regulation 126(2) and insert:
(2)If a medical practitioner has prescribed or supplied a stimulant for the treatment of a patient, an authorised health professional is authorised to prescribe or supply the stimulant for the continued treatment of the patient with the stimulant if —
(a)the patient is under regular treatment with the stimulant by the medical practitioner; and
(b)the medical practitioner has not made a notification under regulation 130(1A) in relation to the patient’s treatment with the stimulant; and
(c)the health professional’s prescription or supply of the stimulant is in accordance with the requirements for the stimulant set out in the prescribing code; and
(d)the health professional’s prescription or supply of the stimulant —
(i)is in accordance with a written instruction from the medical practitioner to the health professional; or
(ii)is consistent with the form and dosage of the stimulant previously prescribed or supplied by the medical practitioner for the treatment of the patient.
(2)In regulation 126(3):
(a)in paragraph (a) delete “has previously been treated using stimulants; and” and insert:
is under regular treatment with the stimulant; and
(b)in paragraph (b) delete “previous”.
(1)Delete regulation 128(1) and insert:
(1)The CEO may designate —
(a)a medical practitioner as a stimulant prescriber; or
(b)a class of medical practitioners, and each person within that class is a stimulant prescriber.
(2)After regulation 128(2) insert:
(3)A designation under subregulation (1)(b), and any amendment, suspension or revocation under subregulation (2)(c), must be published as soon as is practicable on the Department’s website.
Delete regulation 129.
(1)Delete regulation 130(1) and insert:
(1)This regulation applies if a medical practitioner —
(a)stops the treatment of a patient with a stimulant; and
(b)considers that an authorisation under regulation 118 would be required to continue the treatment of the patient with the stimulant.
(1A)The medical practitioner must notify the CEO as soon as is practicable in accordance with subregulation (2).
(2)In regulation 130(2):
(a)in paragraph (b) delete “stimulant.” and insert:
stimulant;
(b)after paragraph (b) insert:
(c)the reason the medical practitioner stopped the treatment of the patient with the stimulant.
Note: The heading to amended regulation 130 is to read:
Stimulant prescriber to notify CEO if patient’s stimulant treatment stops
25.Regulations 131 and 132 deleted
Delete regulations 131 and 132.
In regulation 143(1):
(a)in paragraph (e) delete “a Schedule 8 poison”;
(b)in paragraph (f) delete “Schedule 8” and insert:
Schedule 4 reportable poison or a Schedule 8
In regulation 143A(1)(c)(ii) delete “if the medicine is a Schedule 8 poison —”.
In regulation 155 in the Table delete item 11.
After Schedule 5 insert:
Schedule 6 — List of Schedule 4 reportable poisons
[r. 7A]
|
1. |
All benzodiazepines as specified in the current Poisons Standard Schedule 4 |
|
2. |
All benzodiazepine derivatives as specified in the current Poisons Standard Schedule 4 |
|
3. |
Codeine as specified in the current Poisons Standard Schedule 4 |
|
4. |
Gabapentin |
|
5. |
Pregabalin |
|
6. |
Quetiapine |
|
7. |
Tramadol |
|
8. |
Zolpidem |
|
9. |
Zopiclone |
Part 3 — Health (Notification of Stimulant Induced Psychosis) Regulations 2010 amended
This Part amends the Health (Notification of Stimulant Induced Psychosis) Regulations 2010.
In regulation 3 delete the definitions of:
current stimulant clinic
current stimulant prescriber
In regulation 7(2) delete “who, at the time the notification is received, has a current stimulant prescriber or a current stimulant clinic.” and insert:
who has been prescribed or supplied a stimulant under the Medicines and Poisons Regulations 2016 regulation 126 in the previous 6 months.
Delete regulation 8(b) and insert:
(b)is to a medical practitioner or authorised health professional who —
(i)is authorised under the Medicines and Poisons Regulations 2016 regulation 126 to prescribe or supply a stimulant for the treatment of the person to whom the information relates; and
(ii)has prescribed or supplied the stimulant to the person.
K. COLLERAN, Clerk of the Executive Council
© State of Western Australia 2024. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2024. By Authority: GEOFF O. LAWN, Government Printer