Tasmanian Consolidated Regulations

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POISONS REGULATIONS 2018 - REG 58

Supply of potent substances by pharmacists
(1)  In this regulation –
school first aid kit means a first aid kit used for the purposes of a school or TasTAFE.
(2)  A pharmacist must not supply a potent substance unless –
(a) the supply is made on the authority of a medical practitioner, veterinary surgeon, dentist, endorsed midwife, authorised health professional or authorised nurse practitioner, whether given in the form of a prescription or otherwise; or
(b) the pharmacist, or a pharmacist or provisionally registered pharmacist employed by that pharmacist –
(i) participates personally and directly in the supply of the substance; and
(ii) on consideration of the condition, disease or symptoms of the person for whom, or the animal for which, the substance is supplied (in this regulation referred to as "the patient" ) forms the opinion that the use of that substance in the treatment of the patient is justified; or
(c) the supply is made for a school first aid kit in accordance with the written authority of the school principal or the TasTAFE CEO; or
(d) the supply is made to a person or class of persons approved by the Secretary as having sufficient expertise to administer the substance.
Penalty:  Fine not exceeding 10 penalty units.
(3)  A pharmacist must not supply a substance listed in Schedule 3 to the Poisons List that is a specified potent substance, other than salbutamol (S3) supplied for a school first aid kit in accordance with the written authority of the school principal or the TasTAFE CEO, unless its container is labelled in accordance with regulation 114(2) .
Penalty:  Fine not exceeding 10 penalty units.
(4)  A pharmacist must not supply salbutamol (S3) for a school first aid kit otherwise than in accordance with subregulation (5)(b) .
Penalty:  Fine not exceeding 10 penalty units.
(5)  A pharmacist must not supply a substance listed in Schedule 3 to the Poisons List that is not a specified potent substance unless –
(a) its container is labelled in accordance with regulation 114(2) ; or
(b) in addition to its container and any primary pack conforming to the requirements applicable under Part 6  –
(i) its container bears a label that identifies the pharmacy from which it was supplied; and
(ii) there are supplied with it directions for its use as specified in subregulation (6) .
Penalty:  Fine not exceeding 10 penalty units.
(6)  The directions referred to in Subregulation (5)(b)(ii) for the use of a substance are to comprise either –
(a) adequate written directions, on a label on its container, for its use specifically in the treatment of the patient; or
(b) both of the following:
(i) written directions, on a label on its container, for its use generally;
(ii) an oral explanation of the specific application of those directions in relation to the treatment of the patient, being an explanation given by a pharmacist or provisionally registered pharmacist to the patient or, where the potent substance is to be administered to the patient by another person, to that other person.
(7)  Notwithstanding this regulation, a pharmacist may supply the following substances to a person who may be required to administer those substances for the purposes specified:
(a) adrenaline (S3) for the treatment of anaphylaxis;
(ab) salbutamol (S3) for the treatment of acute bronchospasm;
(b) naloxone (S3) for the treatment of opioid toxicity.
(8)  Notwithstanding this regulation, a pharmacist may supply naloxone (S3) for the treatment of opioid toxicity to a certified person within the meaning of section 56A of the Public Health Act 1997 .



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