Medicines and Poisons (Medicines) Amendment Regulation 2024

1Short title

This regulation may be cited as the Medicines and Poisons (Medicines) Amendment Regulation 2024.

2Commencement

(1)Part 2 commences on 1 May 2024.

(2)Part 3 commences on 1 July 2024.

3Regulation amended

This regulation amends the Medicines and Poisons (Medicines) Regulation 2021.

4Amendment of sch 1 (Extended practice authorities and departmental standards)

(1)Schedule 1, part 1, entries for Aboriginal and Torres Strait Islander health practitioners, Aboriginal and Torres Strait Islander health workers and Indigenous health workers—
omit, insert—

Aboriginal and Torres Strait Islander health practitioners	4
Aboriginal and Torres Strait Islander health workers	2
Indigenous health workers	3

(2)Schedule 1, part 1, entries for Midwives, Registered nurses and Pharmacists—
omit, insert—

Midwives	3
Registered nurses	4
Pharmacists	5

5Insertion of new s 178A

After section 178—
insert—

178A Exempt circumstances—Act, s 41

For section 41(3)(a) of the Act, a relevant practitioner proposing to carry out a dealing stated in column 1 of the table in schedule 18, part 1A is prescribed to be exempt from section 41(2) of the Act in the circumstances for the dealing stated opposite in column 2 of the table.

6Amendment of sch 1 (Extended practice authorities and departmental standards)

Schedule 1, part 2, entry for Monitored medicines, ‘1’—
omit, insert—

2

7Amendment of sch 18 (Monitored medicines database)

(1)Schedule 18, authorising provisions, before ‘180’—
insert—

178A,

(2)Schedule 18—
insert—

Part 1A Exempt circumstances

	Column 1 Proposed dealing	Column 2 Circumstances
1	prescribe or dispense a monitored medicine	the proposed dealing is— (a)  for a patient being treated at a hospital; and (b)  for administration of the medicine to the patient while the patient is at the hospital
2	prescribe, dispense or give a treatment dose of a monitored medicine	the proposed dealing is for a patient being treated at an aged care facility
3	prescribe, dispense or give a treatment dose of a monitored medicine	the proposed dealing is— (a)  for a patient being treated at a custodial facility; and (b)  for administration of the medicine to the patient, or for the patient to take the medicine, while the patient is detained (whether or not at the custodial facility)
4	prescribe, dispense or give a treatment dose of a monitored medicine	the proposed dealing is for a patient being treated urgently in an emergency
5	prescribe a monitored medicine	the proposed dealing is for a patient assessed, under the Voluntary Assisted Dying Act 2021, by a consulting practitioner as eligible for access to voluntary assisted dying
6	prescribe a monitored medicine	the proposed dealing is for a patient who has a life expectancy of less than 12 months
7	prescribe a monitored medicine	the proposed dealing is for a patient being given palliative care
8	dispense or give a treatment dose of a monitored medicine	the proposed dealing is on a prescription for a patient mentioned in this column for item 5, 6 or 7
9	prescribe a monitored medicine	the proposed dealing is— (a)  for a circumstance not otherwise mentioned in this column; and (b)  for administration of the medicine to a patient only by a person authorised to administer the medicine

8Amendment of sch 22 (Dictionary)

(1)Schedule 22—
insert—

corrective services facility see the Corrective Services Act 2006, schedule 4.

custodial facility means a corrective services facility, detention centre or watch-house.

(2)Schedule 22, definition patient, paragraph 2—
omit, insert—

2

Patient—

(i)in relation to an aged care facility—means a person living at the facility; or

(ii)in relation to a custodial facility—means a person detained at the facility.