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CLAUSE NOTES
Poisons Amendment (Midwives) Bill 2010
Clause 1 Short Title
Clause 2 Commencement
Provides for the Act to commence on a day to be proclaimed.
Clause 3 The Principal Act is the Poisons Act 1971.
Clause 4 Section 3 of the Principal Act (Interpretation) is amended by
adding new definitions of `eligible midwife', `midwifery narcotic
substance' and `midwifery restricted substance'.
`Midwife' is already defined in the Principal Act.
An `eligible midwife' is a midwife whose registration as a midwife
is endorsed by the Nursing and Midwifery Board of Australia
under section 94 of the Health Practitioner Regulation National
Law (Tasmania) as being qualified to administer, obtain, possess,
sell, supply or prescribe restricted substances; and to
administer, obtain or possess narcotic substances.
For the purposes of the Act, the Minister may declare by order
that a narcotic or restricted substance is a midwifery narcotic
substance and midwifery restricted substance respectively.
Clause 5 Consequential amendment to section 26 of the Principal Act to
reference the new section 47C.
Clause 6 Consequential amendment to section 36 of the Principal Act to
include `eligible midwife'.
Clause 7 The clause amends section 38(1) of the Principal Act so as to
enable a pharmaceutical chemist to dispense a midwifery
restricted substance on the prescription of an eligible midwife.
Clause 8 The clause inserts new sections 47C and 47D.
S47C Eligible Midwives
This is the enabling section which provides that an eligible
midwife may administer, obtain, possess, sell, supply or prescribe
a midwifery restricted substance in the course of midwifery
practice.
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If the midwifery restricted substance is a `declared restricted
substance' under the Poisons (Declared Restricted Substances)
Order 1990, then the midwife must be practising in Tasmania.
This means that a patient would not be able to have a
prescription which is issued by an eligible midwife in another
state or territory dispensed by a pharmacist in Tasmania.
Similarly, in relation to a midwifery narcotic substance, the
midwife must be practising in Tasmania. This means that the
substance must be obtained from a pharmacist in Tasmania and
administered to a patient in Tasmania by the midwife that is, it
cannot be brought into the state or taken out of the state by the
midwife.
S47D Offences to make available drugs of dependence
Section 47D is similar to the offence provisions contained in
section 59C in relation to drugs of dependence.
Subsections (1) and (2) make it an offence for an eligible
midwife to administer a midwifery narcotic substance to a
person who is believed to be either drug dependent or
exhibiting drug seeking behaviour.
Subsection (3) limits the duration of administration of narcotic
substance to a patient to 48 hours.
Subsection (4) makes it an offence for an eligible midwife to
administer a midwifery narcotic substance to a person who has
a history of illegal use or possession of a notifiable restricted
substance, a narcotic substance or a prohibited substance.
Subsection (5) make it an offence for an eligible midwife to make
available or administer a notifiable restricted substance or a
narcotic substance to a person if midwife knows or ought to
know that the person is already receiving narcotic substances in
accordance with an authority issued under section 59E.
Clause 9 Amends the regulation making power contained in section 93 to
include reference to an eligible midwife.
Clause 10 Repeal of Act.
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