Western Australian Current Acts Western Australian Current Acts (1) A visiting health
professional does not commit an offence under a Health Registration Act, the
Medicines and Poisons Act 2014 , the Radiation Safety Act 1975 or the
Misuse of Drugs Act 1981 for —
(a)
providing health care services as authorised under this Act; or
(b)
administering, possessing, prescribing or supplying a medicine in the course
of providing those authorised health care services where the medicine is
—
(i)
lawfully imported or lawfully obtained in Australia by
the visiting health professional; and
(ii)
a medicine that may lawfully be administered, possessed,
prescribed or supplied by a registered health professional of the like
profession;
or
[(c) deleted.]
(d)
requesting the holder of a licence under the Radiation Safety Act 1975 to
undertake diagnosis or therapy in the course of providing those authorised
health care services; or
(e)
holding himself or herself out as being able to provide those authorised
health care services; or
(f)
using any name, initials, description, word, symbol, addition or title that
the visiting health professional ordinarily uses.
(2) A visitor does not
commit an offence under the Medicines and Poisons Act 2014 or the
Misuse of Drugs Act 1981 for using or possessing any medicine as a result of
being provided with health care services in accordance with this Act.
(3) A person does not
commit an offence under the Medicines and Poisons Act 2014 or the
Misuse of Drugs Act 1981 for supplying a medicine in accordance with a
prescription issued by a visiting health professional if —
(a) the
visiting health professional is authorised under this Act to issue the
prescription; and
(b) the
person is authorised under this Act to supply the medicine in accordance with
such a prescription; and
(c) the
supply would be lawful under the Medicines and Poisons Act 2014 if the
prescription had been issued by a registered health professional of the like
profession.
(4A) A person does not
commit an offence under the Medicines and Poisons Act 2014 or the
Misuse of Drugs Act 1981 for supplying a medicine to a visiting health
professional if —
(a) the
person is authorised under this Act to supply the medicine; and
(b) the
supply would be lawful under the Medicines and Poisons Act 2014 if the
visiting health professional were a registered health professional of the like
profession.
(4) The regulations
may prescribe other offences to which subsection (1), (2), (3) or (4A)
applies.
[Section 11 amended: No. 13 of 2014 s. 164.]