South Australian Current Regulations

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CONTROLLED SUBSTANCES (POISONS) REGULATIONS 2011 - REG 44

44—Additional requirements for administration of drugs of dependence in health service facility

        (1)         The administration of a drug of dependence to a person in a health service facility must be carried out in accordance with the following additional provisions:

            (a)         the registered health practitioner principally responsible for the treatment of the person while in the health service facility, or a registered nurse or a midwife acting in accordance with a standing order prepared or endorsed by the health service facility and approved by the Minister must—

                  (i)         ensure that the prescribed instructions in respect of the drug are entered in the person's medication record; and

                  (ii)         endorse the relevant entries with his or her name and signature and the date of the making of the entries;

            (b)         the drug must be administered to the person by a registered health practitioner in accordance with all instructions in the person's medication record;

            (c)         the drug must not be administered to the person unless the administration is witnessed by a registered health practitioner, or, if a registered health practitioner is not reasonably available, by some other responsible person;

            (d)         the registered health practitioner who administers the drug must, immediately after doing so, ensure that the name and signature of the person who witnessed the administration of the drug is recorded;

            (e)         if a registered health practitioner gives prescribed instructions by telephone as to the administration of a drug of dependence to a person in a health service facility

                  (i)         the practitioner must give the instructions to—

                        (A)         a registered health practitioner who is authorised to administer drugs of dependence; and

                        (B)         another responsible person employed at the health service facility; and

                  (ii)         the practitioner to whom the instructions are given must, immediately after receiving the instructions by that method, ensure that the following information is recorded in the person's medication record and sign the record:

                        (A)         his or her full name;

                        (B)         the prescribed instructions in respect of the drug;

                        (C)         the words "by telephone";

                        (D)         the date on which the telephone instructions were given;

                        (E)         the name of the registered health practitioner who gave the telephone instructions;

                        (F)         the name and signature of the other person to whom the instructions were given in accordance with subparagraph (i); and

                  (iii)         the practitioner who gave the instructions must, within 48 hours of giving the instructions by that method, endorse the relevant entries in the medication record with his or her signature and the date.

Maximum penalty: $5 000.

        (2)         The designated nurse or designated midwife for a ward of a health service facility for a particular shift must ensure that the following additional record-keeping requirements are met in respect of drugs of dependence in the ward:

            (a)         all relevant records required to be kept under these regulations in respect of those drugs must be kept in the ward;

            (b)         all drugs of dependence must be counted at the end of the shift and—

                  (i)         if the balance in respect of a particular drug is found to be correct, the word "correct", the time and date and the nurse's or midwife's name and signature must be recorded alongside the entry for the drug; and

                  (ii)         if the balance in respect of a particular drug is found to be incorrect

                        (A)         the word "incorrect", a brief explanation of the discrepancy, if known, the time and date and the nurse's or midwife's name and signature must be recorded alongside the entry for the drug; and

                        (B)         the Director of Nursing or manager of the health service facility, and the health service facility pharmacist, if any, must be notified, as soon as practicable, that an incorrect amount of drugs is stored in the ward;

            (c)         the drugs count and records made under paragraph (b)—

                  (i)         must be witnessed by the designated nurse or designated midwife for the ward for the next shift and endorsed with his or her name and signature; or

                  (ii)         must, if the next shift does not commence immediately after the previous shift—

                        (A)         be witnessed by a nurse or midwife working on the same shift as the nurse or midwife who made the entry and be endorsed with the name and signature of the witnessing nurse or midwife; and

                        (B)         be checked by the designated nurse or designated midwife for the ward for the next shift at the commencement of that shift and be endorsed with his or her name and signature.

Maximum penalty: $5 000.

        (3)         The Director of Nursing or, if there is no Director of Nursing, the manager of a health service facility must ensure that for each shift for each ward of the health service facility a nurse or midwife is designated as having responsibility for record keeping under subregulation (2).

Maximum penalty: $5 000.

        (4)         The nurse or midwife designated under subregulation (3) must be a nurse or midwife present on the ward during the shift and may only be an enrolled nurse if no registered nurse or midwife will be present.

        (5)         The manager of a health service facility must take all reasonable steps to ensure that—

            (a)         all drugs of dependence delivered to the health service facility or a ward of the health service facility are received by a registered health practitioner employed at the health service facility or, if such a practitioner is not reasonably available, by some other responsible person; and

            (b)         an accurate and up-to-date balance of stocks of all drugs of dependence in each ward of the health service facility is maintained at all times; and

            (c)         the requirements of this regulation are complied with.

Maximum penalty: $5 000.

        (5a)         The Minister may exempt a health service facility, or class of health service facilities, from this regulation, or specified provisions of this regulation, if satisfied that the health service facility, or class of health service facilities, has adequate arrangements for the administration of drugs of dependence.

        (6)         In this regulation—

"designated midwife" for a ward of a health service facility for a shift means a midwife designated under subregulation (3) as having responsibility for record keeping under subregulation (2) for the ward for the shift;

"designated nurse" for a ward of a health service facility for a shift means a nurse designated under subregulation (3) as having responsibility for record keeping under subregulation (2) for the ward for the shift;

"health service pharmacist" means the pharmacist in charge of a health service pharmacy;

"prescribed instructions", in respect of a drug, means the form and strength of the drug and the route, frequency and duration of administration of the drug.



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