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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Drugs, Poisons and Controlled Substances
Amendment (Supply by Midwives) Bill 2012
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Principal Act 2
4 Definitions 2
5 Persons authorised to have possession etc. of poisons or
controlled substances 3
6 Restrictions on authorisations for certain health practitioners 3
7 Minister to approve scope of prescribing rights or supply of
poisons 3
8 Regulations 4
9 General regulations 4
10 Repeal of amending Act 5
ENDNOTES 6
571043B.I-28/2/2012 i BILL LA INTRODUCTION 28/2/2012
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Drugs, Poisons and Controlled
Substances Amendment (Supply by
Midwives) Bill 2012
A Bill for an Act to amend the Drugs, Poisons and Controlled
Substances Act 1981 to provide for certain midwives to possess, use,
sell and supply certain drugs in the course of midwifery practice and
for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Drugs,
Poisons and Controlled Substances Act 1981 to
provide that endorsed midwives may possess, and
5 use, sell or supply, certain drugs required for
midwifery practice.
571043B.I-28/2/2012 1 BILL LA INTRODUCTION 28/2/2012
Drugs, Poisons and Controlled Substances Amendment (Supply by
Midwives) Bill 2012
s. 2
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If this Act does not come into operation before
5 30 November 2012, it comes into operation on
that date.
3 Principal Act
See: In this Act, the Drugs, Poisons and Controlled
Act No.
9719. Substances Act 1981 is called the Principal Act.
Reprint No. 9
as at
1 July 2010
and
amending
Act Nos
39/2010,
43/2010,
64/2010,
29/2011,
41/2011,
43/2011 and
51/2011.
LawToday:
www.
legislation.
vic.gov.au
10 4 Definitions
In section 4(1) of the Principal Act, insert the
following definition--
"registered midwife means a person registered
under the Health Practitioner Regulation
15 National Law--
(a) to practise in the nursing and midwifery
profession as a midwife (other than as a
nurse or student); and
(b) in the register of midwives kept for that
20 profession;".
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Drugs, Poisons and Controlled Substances Amendment (Supply by
Midwives) Bill 2012
s. 5
5 Persons authorised to have possession etc. of poisons
or controlled substances
(1) After section 13(1)(bb) of the Principal Act
insert--
5 "(bc) any registered midwife whose registration is
endorsed under section 94 of the Health
Practitioner Regulation National Law is
hereby authorised to obtain and have in his
or her possession and to use, sell or supply
10 any Schedule 2, 3, 4 or 8 poison approved by
the Minister and specified in the
endorsement in the lawful practice of his or
her profession as a registered midwife; and".
(2) After section 13(2AAB) of the Principal Act
15 insert--
"(2AAC) Subsection (1)(bc) shall not be construed as
authorising a registered midwife referred to
in that paragraph to sell or supply any
Schedule 2, 3, 4 or 8 poison by retail in an
20 open shop unless the registered midwife is
licensed under this Act to do so.".
6 Restrictions on authorisations for certain health
practitioners
In section 14(3) of the Principal Act for "or
25 registered nurse" (where twice occurring)
substitute ", registered nurse or registered
midwife".
7 Minister to approve scope of prescribing rights or
supply of poisons
30 (1) In section 14A(1) of the Principal Act, after
"(bb)," insert "(bc),".
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Drugs, Poisons and Controlled Substances Amendment (Supply by
Midwives) Bill 2012
s. 8
(2) In section 14A(1A) of the Principal Act--
(a) after "section 13(1)(bb)" insert "or (bc)";
and
(b) after "registered nurse" (where twice
5 occurring) insert "or registered midwife".
8 Regulations
(1) In section 129(1)(a) and (aa) of the Principal Act,
after "registered nurses," insert "registered
midwives,".
10 (2) In section 129(2) of the Principal Act, after
"registered nurse," insert "registered midwife,".
9 General regulations
(1) After section 132(h) of the Principal Act, insert--
"(i) prescribing the Schedule 2, 3, 4 or 8 poisons
15 that a registered midwife or class of
registered midwife is authorised to obtain
and have in his or her possession and to use,
sell or supply;".
(2) In section 132 of the Principal Act--
20 (a) in paragraph (k), after "registered nurses,"
insert "registered midwives,"; and
(b) in paragraph (q), after "registered nurse,"
insert "registered midwife,"; and
(c) in paragraph (z), after "registered nurses,"
25 insert "registered midwives,"; and
(d) in paragraph (za), after "registered nurse,"
insert "registered midwife,"; and
(e) in paragraph (zc), after "registered nurse,"
insert "registered midwife,".
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Drugs, Poisons and Controlled Substances Amendment (Supply by
Midwives) Bill 2012
s. 10
10 Repeal of amending Act
This Act is repealed on 30 November 2013.
Note
The repeal of this Act does not affect the continuing operation of
5 the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Drugs, Poisons and Controlled Substances Amendment (Supply by
Midwives) Bill 2012
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571043B.I-28/2/2012 6 BILL LA INTRODUCTION 28/2/2012
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