Medicines and Poisons Act 2014

Medicines and Poisons Amendment Regulations (No. 2) 2026

 

 

Medicines and Poisons Amendment Regulations (No. 2) 2026

Contents

1.Citation1

2.Commencement1

3.Regulations amended1

4.Regulation 3 amended1

5.Regulation 22A amended2

6.Regulation 37 amended2

7.Regulation 52 amended2

8.Regulation 53A inserted2

53A.Authorisation of designated registered nurse prescribers2

9.Regulation 64 amended3

10.Regulation 64A inserted4

64A.CEO may approve qualifications and clinical practice guidelines4

 

Medicines and Poisons Act 2014

Medicines and Poisons Amendment Regulations (No. 2) 2026

Made by the deputy of the Governor in Executive Council.

1.Citation

These regulations are the Medicines and Poisons Amendment Regulations (No. 2) 2026.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website (publication day);

(b)regulations 9 and 10 — on 30 November 2026;

(c)the rest of the regulations — on the day after publication day.

3.Regulations amended

These regulations amend the Medicines and Poisons Regulations 2016.

4.Regulation 3 amended

In regulation 3(1) insert in alphabetical order:

 

designated registered nurse prescriber means a registered nurse whose registration is endorsed under the Health Practitioner Regulation National Law (Western Australia) section 94 with an endorsement that the registered nurse is qualified to prescribe medicines;

registered nurse means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing profession whose name is entered on Division 1 of the Register of Nurses kept under that Law as a registered nurse;

 

5.Regulation 22A amended

In regulation 22A(1) in the definition of relevant health professional after “dentist,” insert:

 

designated registered nurse prescriber,

 

6.Regulation 37 amended

In regulation 37 delete the definition of registered nurse.

7.Regulation 52 amended

After regulation 52(a) insert:

 

(aa)designated registered nurse prescriber;

 

8.Regulation 53A inserted

After regulation 53 insert:

 

53A.Authorisation of designated registered nurse prescribers

(1)For the purposes of section 25(1)(b), a medicine that is a Schedule 2 or 3 poison is a medicine that a designated registered nurse prescriber, acting in the lawful practice of their profession, may supply.

(2)For the purposes of section 25(1)(b), a medicine that is a Schedule 4 or 8 poison is a medicine that a designated registered nurse prescriber, acting in the lawful practice of their profession, may —

(a)administer; or

(b)possess; or

(c)prescribe; or

(d)supply.

(3)The prescription or supply by a designated registered nurse prescriber of a medicine that is a Schedule 8 poison is subject to Part 11.

 

9.Regulation 64 amended

(1)After regulation 64(2) insert:

 

(2A)For the purposes of section 25(1)(b), a medicine that is a Schedule 4 poison is a medicine that a pharmacist, acting in the lawful practice of their profession, may prescribe.

 

(2)After regulation 64(5) insert:

 

(6)The prescription by a pharmacist of a medicine that is a Schedule 4 poison is subject to the condition that —

(a)the prescription occurs at a registered pharmacy (as defined in the Pharmacy Act 2010 section 3(1)); and

(b)the pharmacist holds a qualification approved by the CEO under regulation 64A(1); and

(c)there is a clinical practice guideline approved by the CEO under regulation 64A(2) for the health condition to which the prescription relates; and

(d)the prescription is in accordance with that clinical practice guideline.

 

10.Regulation 64A inserted

At the end of Part 7 Division 10 insert:

 

64A.CEO may approve qualifications and clinical practice guidelines

(1)For the purposes of regulation 64(6)(b), the CEO may approve a qualification if —

(a)the qualification is level 8 or above under the Australian Qualifications Framework (as defined in the Higher Education Support Act 2003 (Cth) Schedule 1 clause 1(1)); and

(b)the program of study for the qualification is accredited by the Australian Pharmacy Council Ltd (ACN 126 629 785) as an accredited pharmacist prescriber education program; and

(c)the CEO is satisfied that the program of study for the qualification includes appropriate clinical training on the diagnosis and treatment of health conditions for which the CEO has approved clinical practice guidelines under subregulation (2).

(2)For the purposes of regulation 64(6)(c), the CEO may approve a clinical practice guideline for a health condition if the CEO is satisfied that it is appropriate for pharmacists to prescribe 1 or more medicines that are Schedule 4 poisons for the purposes of treating the health condition.

(3)An approval under subregulation (1) or (2) —

(a)must be in writing; and

(b)may be subject to conditions; and

(c)may, at any time, be amended, suspended or revoked by the CEO.

(4)The CEO must ensure that the following are published on the Department’s website —

(a)an approval under subregulation (1) or (2), and any amendment, suspension or revocation under subregulation (3)(c);

(b)a list of the qualifications currently approved under subregulation (1);

(c)each clinical practice guideline currently approved under subregulation (2).

 

A. O’SULLIVAN, Clerk of the Executive Council

© State of Western Australia 2026.

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 2026.

By Authority: ANDREW JONES, Government Printer