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.