AustLII Tasmanian Numbered Regulations

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POISONS REGULATIONS 2018 (S.R. 2018, NO. 79) - REG 129

Administration of certain substances by school staff

(1)  In this section –
governing body has the same meaning as in the Education Act 2016 ;
parent has the same meaning as in the Education Act 2016 ;
principal has the same meaning as in the Education Act 2016 ;
registered school has the same meaning as in the Education Act 2016 ;
school has the same meaning as in the Education Act 2016 ;
school ancillary staff means any member of school staff who is not –
(a) a teacher; or
(b) a guidance officer; or
(c) a social worker; or
(d) a speech pathologist;
school staff includes teachers, guidance officers, social workers, speech pathologists and school ancillary staff;
school student has the same meaning as in the Education Act 2016 ;
State school has the same meaning as in the Education Act 2016 .
(2)  A person may administer, or make available for self-administration, to a school student a medicinal poison, potent substance, restricted substance or narcotic substance if –
(a) the person administering or making available the poison or substance –
(i) is a member of the school staff; and
(ii) is acting –
(A) with the authority of the principal; and
(B) in the case of a State school, in accordance with guidelines approved by the Secretary of the department responsible for the administration of the Education Act 2016 ; and
(C) in the case of a registered school, in accordance with guidelines approved by the governing body of the registered school; and
(b) the school student 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 authorised health professional; and
(e) in the case of a restricted substance, the substance has been lawfully prescribed and supplied for the school student to whom it is being administered or made available and the administration is in accordance with the directions of a medical practitioner, dentist, authorised health professional or authorised nurse practitioner; and
(f) in the case of a narcotic substance, the substance has been lawfully prescribed and supplied for the school student to whom it is being administered or made available and the administration is in accordance with the directions of a medical practitioner, dentist, authorised health professional 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 guidelines referred to in paragraph (a)(ii)(B) or (C) .
(3)  The guidelines referred to in subregulation (2)(a)(ii)(B) or (C) must include the following:
(a) the form or method of authorisation that is to be given by a parent, medical practitioner, dentist, authorised health professional 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 narcotics 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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