AustLII Tasmanian Numbered Regulations

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POISONS REGULATIONS 2018 (S.R. 2018, NO. 79) - REG 135

Administration of certain substances by carers

(1)  Subject to subregulation (2) , a person may administer, or make available for self-administration, to another person a medicinal poison, potent substance, restricted substance or narcotic substance if –
(a) the person administering the poison or substance, or making it available, has the care of, and responsibility for, the other person; and
(b) the other person 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 person 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 person 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.
(2)  This regulation does not authorise the administration, or making available, of a poison or substance by –
(a) a person employed by a disability services program approved by the Secretary or employed by a disability service provider who is funded by, and is the subject of a funding agreement with, the Department; or
(b) a member of school staff within the meaning of regulation 129 ; or
(c) a TasTAFE employee within the meaning of regulation 130 ; or
(d) a child carer within the meaning of regulation 131 ; or
(e) a foster-parent within the meaning of regulation 132 ; or
(f) a person employed by an aged care service that provides a residential care service within the meaning of regulation 133 ; or
(g) a person employed by an aged care service that provides a community care service within the meaning of regulation 134 ; or
(h) a person employed by a medical institution or day-treatment centre; or
(i) a person employed at a detention centre.



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