AustLII Tasmanian Numbered Regulations

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POISONS REGULATIONS 2018 (S.R. 2018, NO. 79) - REG 3

Interpretation

(1)  In these regulations, unless the contrary intention appears –
Aboriginal health worker means a person who holds a Certificate III, or equivalent, in Aboriginal Primary Health Care from a registered training organisation;
Act means the Poisons Act 1971 ;
Ambulance Service means Ambulance Tasmania established under the Ambulance Service Act 1982 ;
approved name , in relation to a poison, restricted substance or narcotic substance means the name for that poison, restricted substance or narcotic substance determined in a manner approved by the Minister;
approved recording system means a system or method approved by the Pharmacy Board of Australia for the keeping of records of prescriptions;
authorised nurse means a nurse who holds a nurse's authority granted under regulation 35 ;
authorised officer , in relation to a medical institution, means –
(a) a pharmaceutical chemist employed as such in that institution or, where more than one pharmaceutical chemist is employed, the chief pharmaceutical chemist; or
(b) where no pharmaceutical chemist is employed in that institution, the medical practitioner in charge of that institution; or
(c) where no pharmaceutical chemist is employed in that institution and there is no medical practitioner in charge thereof, the registered nurse in charge of that institution;
authorised person means a person to whom responsibility for the storage and security of a medicine chest has been given under regulation 122(3) ;
chemist means –
(a) a pharmaceutical chemist; or
(b) a manufacturing chemist or wholesale chemist licensed under section 16 of the Act;
children and youth services facility means a children and youth services facility approved by the Secretary for the purposes of these regulations;
Commonwealth Department means the Department of State of the Commonwealth responsible for the administration of the Therapeutic Goods Act 1989 of the Commonwealth or of such Act that from time to time has effect in substitution for that Act;
correctional health facility means a correctional health facility approved by the Secretary for the purposes of these regulations;
day book means any continuous written record kept by a medical practitioner indicating the medicines or narcotic substances supplied to patients;
day-treatment centre means a centre at which a person is admitted and discharged on the same day for medical, surgical or other treatment;
declared restricted substance means a restricted substance that, in accordance with an order in force under section 36 of the Act, is a substance to which that section applies;
dental therapist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dental therapist;
detainee means a person who is being lawfully detained in a detention centre;
detention centre means a detention centre established under section 123 of the Youth Justice Act 1997 ;
Director of Public Health means the Director of Public Health appointed under the Public Health Act 1997 ;
disability has the same meaning as in the Disability Services Act 2011 ;
dispensary means the room or area, within a pharmacy or other premises, that a pharmaceutical chemist uses for the dispensing or preparation of prescriptions, medicines or drugs;
drug means a poison intended for human therapeutic use or animal therapeutic use;
drug therapy chart means a document prepared by a medical practitioner, dentist, authorised health professional or authorised nurse practitioner authorising the administration of a scheduled substance to a person;
employ means employ for payment or other reward and includes engage the services of, whether as an employee or an independent contractor or otherwise;
funding agreement has the same meaning as in the Disability Services Act 2011 ;
health professional means –
(a) a dentist; and
(b) a medical practitioner; and
(c) a pharmaceutical chemist; and
(d) a registered nurse; and
(e) a midwife; and
(f) an authorised nurse practitioner; and
(g) a veterinary surgeon; and
(h) an authorised health professional;
immediate wrapper means –
(a) any material used as the first wrapper for a single tablet, pastille, capsule or product unit; or
(b) strip packaging when used in connection with some form of primary pack;
internal use , in respect of a substance, means administration orally, parenterally or by way of a body orifice but does not include the administration of topical preparations for use in the nose, eyes, ears, mouth or throat or douches for rectal, vaginal or urethral use;
medical institution means an institution the sole or main object, or one of the main objects, of which is, or is held out to be, the provision of accommodation (whether with or without medical or other treatment) for –
(a) persons suffering from any illness, injury, infirmity or mental disorder; or
(b) pregnant women or women immediately after childbirth; or
(c) persons who are substantially and permanently handicapped by illness, injury or congenital deformity, or by any other disability; or
(d) persons who are aged;
medication chart means –
(a) a PBS medication chart; and
(b) a medication chart maintained at a correctional health facility; and
(c) a medication chart maintained at a children and youth services facility;
medicine chest means a medicine chest supplied under regulation 122 ;
nurse practitioner treatment means treatment carried out by a nurse practitioner in accordance with an authorisation under section 25B of the Act;
Nursing and Midwifery Board of Australia means the Nursing and Midwifery Board of Australia established under the Health Practitioner Regulation National Law (Tasmania);
optometrist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the optometry profession;
Optometry Board of Australia means the Optometry Board of Australia established under the Health Practitioner Regulation National Law (Tasmania);
oral health therapist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as an oral health therapist;
patient means, when used in relation to a medical practitioner, dentist, podiatrist, dental therapist, registered nurse, midwife, authorised nurse practitioner, optometrist, authorised health professional or enrolled nurse, a person upon whom that medical practitioner, dentist, podiatrist, dental therapist, registered nurse, midwife, authorised nurse practitioner, optometrist, authorised health professional or enrolled nurse attends in the exercise of his or her practice, profession or calling as such;
PBS medication chart has the same meaning as medication chart in regulation 41(4) of the National Health (Pharmaceutical Benefits) Regulations 2017 of the Commonwealth;
pharmacy means a shop or other place, or a part of a shop or other place, in which a person practises as a pharmaceutical chemist;
podiatric surgeon means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the speciality of podiatric surgery;
podiatrist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the podiatry profession;
Podiatry Board of Australia means the Podiatry Board of Australia established under the Health Practitioner Regulation National Law (Tasmania);
primary pack means the package, other than any wrapping, bag, carton or similar article, in which any poison or restricted substance is placed for the purposes of delivery to a person after sale;
private hospital means a private hospital within the meaning of the Health Service Establishments Act 2006 ;
registered training organisation means a registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth;
Registrar of Chemical Products means the Registrar of Chemical Products appointed under the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 ;
selected container means –
(a) a single-use syringe; or
(b) any other container having a capacity not exceeding 10 millilitres;
service provider , in relation to a disability, has the same meaning as disability services provider has in the Disability Services Act 2011 ;
specified potent substance means a substance that, in accordance with regulation 56 , is a specified potent substance for the purposes of Division 3 of Part 4 ;
specified psychotropic substance means a restricted substance that, in accordance with regulation 52 , is a specified psychotropic substance for the purposes of section 38(1)(b) of the Act;
speech pathologist means a person who –
(a) has successfully completed an accredited course of study in speech pathology at a tertiary institution, or holds qualifications and experience deemed by Speech Pathology Australia to be equivalent to such a course; and
(b) is eligible for membership of Speech Pathology Australia;
TasTAFE means TasTAFE created by section 56 of the Training and Workforce Development Act 2013 ;
TasTAFE chief executive officer means the chief executive officer of TasTAFE appointed under section 66 of the Training and Workforce Development Act 2013 .
(2)  A reference in these regulations to a substance includes, unless specifically exempted –
(a) the substance prepared from natural sources or artificially; and
(b) if the substance is a plant, other than a plant included in Schedule 8 to the Poisons List or a prohibited plant, that plant or any part of it when packed or prepared for therapeutic use; and
(c) any salt, active principle or derivative of the substance, including esters and ethers, and any salt of the active principle or derivative; and
(d) any alkaloid of the substance and any salt of the alkaloid; and
(e) any stereo-isomer of the substance and any salt of the stereo-isomer, except if the substance is levomethorphan or levorphanol; and
(f) any preparation or admixture containing any proportion of the substance or of any other substance included in paragraph (a) , (b) , (c) , (d) or (e) .
(3)  If a poison is present in a substance or preparation as a salt, active principle or derivative, any concentration, strength or quantity in respect of that substance or preparation is to be calculated as the concentration, strength or quantity of the poison in the form in which it is named in the Poisons List.
(4)  A reference in these regulations to a substance by name followed, in parentheses, by a capital letter "S" and a number is a reference to that substance when included in the correspondingly numbered Schedule to the Poisons List.



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