AustLII Tasmanian Numbered Regulations

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POISONS AMENDMENT REGULATIONS (NO. 3) 2011 (S.R. 2011, NO. 140) - REG 4

Regulation 95D amended (Administration of certain substances by child carers, &c.)

Regulation 95D of the Principal Regulations is amended as follows:
(a) by inserting the following definition before the definition of child in subregulation (1) :
approved provider has the same meaning as in the Education and Care Services National Law (Tasmania);
(b) by inserting the following definitions after the definition of child carer in subregulation (1) :
child care service has the same meaning as in the Child Care Act 2001 ;
education and care service has the same meaning as in the Education and Care Services National Law (Tasmania);
guidelines means guidelines issued under subregulation (6) ;
nominated supervisor has the same meaning as in the Education and Care Services National Law (Tasmania);
(c) by omitting " Child Care Act 2001 ." from the definition of person-in-charge in subregulation (1) and substituting " Child Care Act 2001 ;" ;
(d) by inserting the following definition after the definition of person-in-charge in subregulation (1) :
Regulatory Authority has the same meaning as in the Education and Care Services National Law (Tasmania).
(e) by omitting subparagraph (ii) from subregulation (2)(a) and substituting the following subparagraphs:
(ii) is acting with the authority of the person-in-charge given either specifically to the child carer or by the application of the general written policies of the child care service; and
(iii) is acting in accordance with Child Care Standards approved by the Secretary of the department responsible for the administration of the Child Care Act 2001 ; and
(f) by inserting the following subregulations after subregulation (3) :
(4)  A person may administer, or make available for self-administration, to a child attending an education and care service a medicinal poison, potent substance, restricted substance or narcotic substance if –
(a) the person administering or making available the poison or substance –
(i) is an approved provider; and
(ii) is acting with the authority of the nominated supervisor given either specifically to the approved provider or by the application of the general written policies of the education and care service; and
(iii) is acting in accordance with the regulations made under the Education and Care Services National Law (Tasmania) and the guidelines; and
(b) the child is incapable of safely administering the poison or substance to himself or herself or needs assistance with self-administration; and
(c) in the case of a medicinal poison, the poison has been lawfully supplied and the administration is in accordance with the manufacturer’s instructions; and
(d) in the case of a potent substance, the substance has been lawfully supplied and the administration is in accordance with the instructions of a medical practitioner, dentist, pharmaceutical chemist, authorised nurse practitioner or optometrist; and
(e) in the case of a restricted substance, the substance has been lawfully prescribed and supplied for the child to whom it is being administered or made available and the administration is in accordance with the directions of a medical practitioner, dentist, authorised optometrist or authorised nurse practitioner; and
(f) in the case of a narcotic substance, the substance has been lawfully prescribed and supplied for the child to whom it is being administered or made available and the administration is in accordance with the directions of a medical practitioner, dentist or authorised nurse practitioner; and
(g) in the case of a narcotic substance, the storage and recording of the substance is in accordance with the regulations made under the Education and Care Services National Law (Tasmania) and the guidelines.
(5)  The requirements of subregulation (4) apply in relation to a child attending an education and care service in addition to any requirements relating to the administration, or the making available for administration, of medication specified in the Education and Care Services National Law (Tasmania).
(6)  The Regulatory Authority may issue guidelines for the purposes of subregulation (4) that are not contrary to the regulations made under the Education and Care Services National Law (Tasmania).
(7)  The Regulatory Authority must include in the guidelines the following, unless to do so would cause the guidelines to be contrary to the regulations made under the Education and Care Services National Law (Tasmania):
(a) the form or method of authorisation that is to be given by a parent, medical practitioner, dentist, authorised optometrist, optometrist or authorised nurse practitioner;
(b) storage and recording requirements for a medicinal poison, potent substance, restricted substance or narcotic substance;
(c) protocols for the administration orally, subcutaneously or by any other means of a medicinal poison, potent substance, restricted substance or narcotic substance;
(d) protocols for dealing with narcotic substances specified in Schedule 8 to the Poisons List;
(e) information on the appropriate disposal of an unused medicinal poison, potent substance, restricted substance or narcotic substance.



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