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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 66
Medicines,
Poisons and Therapeutic Goods Amendment Bill
2014
Ms
Lambley
A Bill for an Act to amend the Medicines, Poisons and Therapeutic Goods Act
NORTHERN TERRITORY OF AUSTRALIA
MEDICINES, POISONS AND THERAPEUTIC GOODS AMENDMENT ACT 2014
____________________
Act No. [ ] of 2014
____________________
Table of provisions
28 Meaning of Aboriginal and Torres Strait Islander health practitioner and approved ATSI health practitioner
28A Meaning
of approved ambulance
officer
59A Supplying
unrestricted Schedule 4 substance – continued
dispensing
62 Qualified
pharmacist may supply and administer Schedule 4
vaccine
63 Aboriginal
and Torres Strait Islander health practitioners
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2014
____________________
An Act to amend the Medicines, Poisons and Therapeutic Goods Act
[Assented to [ ] 2014]
[Second reading [ ] 2014]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Medicines, Poisons and Therapeutic Goods Amendment Act 2014.
This Act amends the Medicines, Poisons and Therapeutic Goods Act.
(1) Section 5, definitions Aboriginal health worker, approved Aboriginal health worker, record, sign and written
omit
(2) Section 5
insert (in alphabetical order)
Aboriginal and Torres Strait Islander health practitioner, see section 28(1).
approved ATSI health practitioner, see section 28(2).
dental hygienist, see section 26(3).
oral health therapist, see section 26(4).
(3) Section 5, definition approved ambulance officer
omit
28(3)
insert
28A
(4) Section 5, definition pharmacy
omit
8
insert
7
(5) Section 5, definition prohibited circumstance, paragraph (a) (second reference)
renumber as paragraph (b)
Section 19, note 1
omit
, see the definition written in section 5.
insert
in accordance with the Electronic Transactions (Northern Territory) Act.
After section 26(2)
insert
(3) A dental hygienist is 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 that profession.
(4) An oral health therapist is a person registered under the Health Practitioner Regulation National Law:
(a) to practise in the dental profession as an oral health therapist (other than as a student); and
(b) in the oral health therapists division of that profession.
Section 28
repeal, insert
28 Meaning of Aboriginal and Torres Strait Islander health practitioner and approved ATSI health practitioner
(1) An Aboriginal and Torres Strait Islander health practitioner is a person registered under the Health Practitioner Regulation National Law to practise in the Aboriginal and Torres Strait Islander health practice profession (other than as a student).
(2) An approved ATSI health practitioner is an Aboriginal and Torres Strait Islander health practitioner declared under section 250(1)(b) to be an approved ATSI health practitioner.
28A Meaning of approved ambulance officer
An approved ambulance officer is an ambulance officer declared under section 250(1)(c) to be an approved ambulance officer.
(1) Section 34, heading, after "of"
insert
certain
(2) Section 34(1)(a), after "substance"
insert
, other than a Schedule 5 or 6 substance,
(1) Section 35, heading, after "of"
insert
certain
(2) Section 35(1)(a), after "substance"
insert
, other than a Schedule 5 or 6 substance,
After section 59
insert
59A Supplying unrestricted Schedule 4 substance – continued dispensing
A pharmacist may, in the course of practising in the pharmacy profession, supply an unrestricted Schedule 4 substance to a person if:
(a) the substance is a pharmaceutical benefit that is covered by an instrument made under section 89A(3) of the National Health Act 1953 (Cth); and
(b) the supply is made in accordance with the conditions that are specified in that instrument as if the pharmacist were an approved pharmacist.
Section 62
repeal, insert
62 Qualified pharmacist may supply and administer Schedule 4 vaccine
A pharmacist who has the qualifications prescribed by the CHO by Gazette notice may, in the course of practising in the pharmacy profession, supply or administer a Schedule 4 substance that is a vaccine to a person.
Section 63
repeal, insert
63 Aboriginal and Torres Strait Islander health practitioners
(1) An Aboriginal and Torres Strait Islander health practitioner may, in the course of practising in the Aboriginal and Torres Strait Islander health practice profession:
(a) supply or administer a Schedule 4 or 8 substance, other than a vaccine, to another person; and
(b) possess the substance for those purposes.
(2) An ATSI health practitioner who has the qualifications prescribed by the CHO by Gazette notice may, in the course of practising in the Aboriginal and Torres Strait Islander health practice profession:
(a) supply or administer a Schedule 4 substance that is a vaccine to another person; and
(b) possess the substance for those purposes.
(3) However, an approved ATSI health practitioner must deal with a Schedule 4 or 8 substance in accordance with the Scheduled substance treatment protocol applying to the health practitioner.
(4) In addition, if an authorised prescriber, by administration order, authorises an Aboriginal and Torres Strait Islander health practitioner to administer a Schedule 4 or 8 substance, the health practitioner must administer the substance in accordance with the order.
(1) Section 65(1)(a), after "substance"
insert
, other than a vaccine,
(2) After section 65(1)
insert
(1A) A nurse or midwife who has the qualifications prescribed by the CHO by Gazette notice may, in the course of practising in the nursing and midwifery profession as a nurse or midwife:
(a) supply or administer a Schedule 4 substance that is a vaccine to another person; and
(b) possess the substance for those purposes.
(1) Section 67, heading, after "therapists"
insert
, dental hygienists and oral health therapists
(2) Section 67, after "therapist" (all references)
insert
, dental hygienist or oral health therapist
14 Chapter 2, Part 2.3, Division 1, Subdivision 4 heading amended
Chapter 2, Part 2.3, Division 1, Subdivision 4, heading
omit
professionals
insert
practitioners
Section 70
repeal
Section 71(1) to (4)
omit
professional
insert
practitioner
(1) Section 72
omit
professional
insert
practitioner
(2) Section 72, note
omit
professional
insert
practitioner
(1) Section 92(1)(a)
omit
Aboriginal health worker
insert
ATSI health practitioner
(2) Section 92(1)(b)
omit
or verbal
(3) Section 92, note 1
omit
, see the definition written in section 5.
insert
in accordance with the Electronic Transactions (Northern Territory) Act.
(1) Section 99(1)(a), (2) and (3)
omit (all references)
professional
insert
practitioner
(2) Section 99(1)(a)
omit
professional's
insert
practitioner's
(3) Section 99(1)(b)
omit, insert
(b) in the course of practising the health profession, the health practitioner:
(i) is supplied a Schedule 3 substance; or
(ii) is supplied a Schedule 4 or 8 substance on a prescription or supply order of an authorised prescriber for the substance; and
(c) the substance is supplied for administering to a patient of the hospital, resident at the residential facility or person receiving medical treatment at the declared place (the relevant patient).
(4) Section 99(4)
omit
(1) Section 100(1)
omit, insert
(1) This section applies if a health practitioner supplies or administers a Schedule 8 substance to one of the following persons (the patient):
(a) a patient of a hospital;
(b) a resident of a residential facility;
(c) a person receiving medical treatment at a declared place.
(1A) The health practitioner commits an offence if:
(a) a person who is neither the practitioner nor the patient (the third party) does not witness the supply or administration; or
(b) the third party does not sign the record prescribed by regulation for this purpose.
Maximum penalty: 20 penalty units.
(2) Section 100(2)
omit
Subsection (1)
insert
However, subsection (1A)
(3) Section 100(2)(a)
omit
health worker (the health professional)
insert
and Torres Strait Islander health practitioner (the health practitioner)
(4) Section 100(2)(a)(i) and (iii)
omit (all references)
professional
insert
practitioner
Section 109
repeal
Section 110(3)
omit
as prescribed by regulation
Section 129(b), after "4"
insert
, 7
Section 144(a)(i)
omit
authorised or veterinarian
insert
or veterinarian authorised
(1) Section 249, heading, after "therapist"
insert
, dental hygienist or oral health therapist
(2) Section 249, after "therapist"
insert
, dental hygienist or oral health therapist
(1) Section 250, heading
omit
Aboriginal health workers
insert
ATSI health practitioners
(2) Section 250(1)(b)
omit
Aboriginal health worker to be an approved Aboriginal health worker
insert
Aboriginal and Torres Strait Islander health practitioner to be an approved ATSI health practitioner
(3) Section 250, note
omit
Aboriginal health worker
insert
ATSI health practitioner
Section 254, note
omit
Aboriginal health worker
insert
ATSI health practitioner
Section 261(2)(f)
omit
Schedule 8
insert
Scheduled
(1) Section 281(2)(a)
omit
including authorising others dealing
insert
including authorising others to deal
(2) After section 281(2)(a)
insert
(ab) storage, transport and destruction of regulated substances;
(3) Section 281(2)(g)
omit
but not with a penalty exceeding 100 penalty units
Section 283, definition old authority, paragraph (f)
omit
31H
insert
31G
Schedule 1
omit
38(2),
This Act expires on the day after it commences.
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