Drugs Poisons And Controlled Substances Regulations 2006 Pdf
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We have in Australia six States that at federation in had separate and different legislation on almost every aspect of life, including therapeutic poisons .
- Health, Pharmacy and the Law
- New Drugs, Poisons and Controlled Substances Regulations 2017
- Drugs, Poisons and Controlled Substances (Precursor Supply ...
Health, Pharmacy and the Law
We have in Australia six States that at federation in had separate and different legislation on almost every aspect of life, including therapeutic poisons . On top of these eight, there is the Commonwealth. As a result there are now nine different varieties of poisons legislation.
This means that the nationally registered health practitioners who use poisons as everyday tools have to cope with the different rules in the various jurisdictions where they work. But for others who practise all over Australia, the differences can lead to a potentially career-ending legal error. At federation, the States allowed the Commonwealth a list  of specific, limited powers — poisons were not in the list.
However, the Commonwealth can only push so far: while it has constitutional power to create a system of paying for poisons  in the form of the Pharmaceutical Benefits Scheme, at present it has little power to control how poisons are stored, handled, used or disposed of.
There has been some progress however. This has been done except by Queensland and Western Australia. The former is considering it as part of the new legislation  currently before the Queensland parliament but the latter recently contemplated it as part of its recently commenced legislation,  then dropped it. Each poisons schedule from 1 to 10 applies a different degree of restriction upon use and possession.
Schedules 5, 6, and 7 contain things like weedkillers, insecticides and paints. Schedule 1 is empty; schedule 9 contains prohibited substances such as LSD that can be researched upon with a licence; schedule 10 contains poisons so dangerous that sale, supply, or use is prohibited.
Unfortunately, while the schedule a poison is in does not now vary from place to place, the same cannot be said of the restrictions attached to any particular poison. The Poisons Standard can be regarded as a base, from which no restrictions are taken away, but upon which States and Territories can build further constraints. The next few paragraphs illustrate some of the more common ones. Methylphenidate features a great deal as it has many extra restrictions placed on it and it is often prescribed for attention deficit hyperactivity disorder, a common condition of children in Australia.
Methylphenidate is a schedule 8 medicine controlled drug, controlled medicine. It should be borne in mind that the main sufferer at the sharp end of the inefficiencies caused by the jurisdictional differences is the patient, with potential injuries to their health. Prescribers and pharmacists have their time wasted trying to negotiate the red tape for their patients: and just sometimes, the knots in the tape are a real source of danger to their careers. Consider a paediatrician who practises on the Gold Coast in Queensland.
However, if the patient is from somewhere in northern New South Wales — Ballina perhaps — and goes home before getting the prescription dispensed, then a NSW pharmacist cannot legally dispense it. With some exceptions, a prescription for a controlled drug  may be written with repeats.
But in NSW,  Tas  and WA  the pharmacy at which such a prescription is first dispensed must retain the repeat forms in NSW anabolic steroid prescription repeats must also be retained  — the only jurisdiction this is a requirement. This can be a problem if a family with a child on methylphenidate wants to go on holiday for any length of time. The repeats will be at their usual pharmacy and may not be moved easily to another pharmacy. In WA, transfer between pharmacies is allowed but only with the permission of the Dept of Health — a slow process.
In Tasmania there is legislative provision for verbal permission from the Dept of Health to transfer repeats to another pharmacy, which is more practical. But why should repeats be retained? In all States and Territories except Queensland, a health professional can destroy unwanted controlled drugs with another health professional as witness NSW only allows this in certain circumstances though, and prefers a police officer or poisons inspector as a witness in a retail pharmacy.
In Queensland, controlled drugs must be sent to a government facility for destruction. Why is Queensland different? On the whole, there is little difficulty with unrestricted schedule 4 substances.
When it comes to restricted schedule 4 substances however they are named , and controlled drugs, life can get more difficult. In Western Australia, it is legal to dispense a prescription for a controlled drug written in another jurisdiction provided that it is written correctly , except for cannabis-based products, dexamfetamine, lisdexamfetamine, methylphenidate, flunitrazepam, alprazolam, methadone, or for opioid replacement therapy.
There is a problem with scripts for controlled drugs written in the ACT, Tasmania, and Western Australia in that these jurisdictions do not require that the total quantity prescribed be written in words and figures e.
If a person wants to get such a prescription dispensed outside the state, the other jurisdictions  have this requirement. The Northern Territory does not normally allow any interstate prescriptions for controlled drugs or restricted schedule 4 substances. Tasmania goes further and does not allow interstate controlled drug, specified psychotropic substances  or declared restricted substances  prescriptions.
This includes benzodiazepines, anabolic steroids, epoetin, and other drugs that are subject to abuse. Incidentally, the lists of specified psychotropic substances and of declared restricted substances are almost identical. NSW allows prescriptions from other jurisdictions for all medicines, but as described above for methylphenidate, certain medicines must be prescribed by a NSW authorised prescriber — whose NSW authorisation must be on the prescription.
In Queensland most interstate prescriptions are allowed as long as the script is written correctly. Exceptions are stimulants such as methylphenidate as described above, and certain specified medications including clozapine, isotretinoin, and pseudoephedrine. It would be fairly easy for a locum health practitioner to make a mistake when practising in several different jurisdictions.
It is also true that all the time the laws of two different jurisdictions must be taken into account — the Commonwealth and the law of the State or Territory of practice. The risk to any pharmacist who dispensed such a prescription includes jail. Methylphenidate is a very good example yet again. It has a standard PBS quantity of x 10mg tablets, and a PBS authority will usually be given to a medical specialist for this amount. Disciplinary action would undoubtedly follow.
A prescription for a unrestricted schedule 4 substance expires one year after it was written in all jurisdictions. It is illegal to dispense it after the year is up. But even when the rules are the same in all jurisdictions, the maximum penalty for breaking the law can be wildly different.
The list that follows illustrates the point. Why is this acceptable? An example will suffice: any drug in schedule 4 of the Poisons Standard , depending on context and jurisdiction, is a member of the following legal categories:. Subcategories also exist, but they are not listed here.
A strong argument for a national poisons law is that from 1 July pursuant to a decision by the Council of Australian Governments COAG in , the various jurisdictions abolished their own registers of doctors, nurses, pharmacists etc and established the Australian Health Practitioner Regulation Agency to administer a national set of registers. All health practitioners now pay one annual fee to AHPRA and are held to a national standard for their respective profession.
This article is by no means the first to make the point. In an article in the Medical Journal of Australia  highlighted the difficulties caused by differences in schedule 8 medicines regulations around the country; in a similar piece was published in the Journal of Pharmacy Practice and Research. Its objectives of improving standards of access, equity and quality, and and promoting efficient use of resources are particularly relevant.
The resources in question are medicines for the community, which the Commonwealth pays a great deal of money for directly, and indirectly through the time taken to prescribe and dispense them. A secondary point that needs to be addressed is that some jurisdictions have separate legislation for poisons misuse and therapeutic use:  others have the two mixed together. Misuse and therapeutic use of poisons deal with some of the same substances, but do not sit comfortably together.
The two subjects should be dealt with separately as is the case in the Northern Territory. Not all poisons are subject to misuse, and not all misused substances are therapeutically used. Legislation gets somewhat byzantine when misuse and therapeutic use are regulated in the same Act.
A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State.
Does this make any difference? If the prescription is a PBS prescription which most are , paid for by the Commonwealth, does that make any difference in either case? These are interesting questions, to which currently there are no answers. S was thought to be a dead letter since one of the earliest decisions of the High Court,  affirmed decades later by Henry v Boehm.
The most recent High Court case considering s is Sweedman v Transport Accident Commission,  but nothing new was added to the law in this respect. In Leeth v Commonwealth  looked at s with regard to Commonwealth law: the majority judgment stated that the question of whether or not s applies to the Commonwealth has not been decided.
This does seem to lend legitimacy to the differing treatment of PBS scripts in different jurisdictions. However, against this obiter is:. While it has never been decided, there is no reason to doubt that s of the Constitution applies to the Commonwealth as well as to the States. The National Medicines Policy  states as one of its objectives.
It is arguable that in some circumstances, State and Territory law get in the way of this objective. While policy is not law, it can inform High Court judges in their decision-making. S as it stands is a weak section of the Constitution, but with the potential to be greater than it is at present. Time will tell if, in the absence of a national law, it can be used to improve access to the PBS. Why not poisons? It is clear that a national approach to poisons regulation is needed.
The new law could be issued under the Therapeutic Goods Act Cth , in a similar fashion to the current Poisons Standard.
States and Territories could then adopt it, with those that need to do so moving their misuse of drugs provisions to separate legislation. Controlled drugs are those substances that are found in Schedule 8 S8 of the Poisons Standard Cth and thence incorporated into State and Territory law. In all jurisdictions, controlled drugs are subject to laws strictly regulating the way they can be handled.
The process of destroying unwanted or expired controlled drugs is no exception. Each jurisdiction has a different approach to the process and this article aims to list the various laws involved. The nomenclature of the S8 medications varies throughout Australia. In all cases involving health practitioners, the usual recording in the S8 register must occur — the details vary.
But it is always wise to record as much about the destruction as possible. It is an offence to discard a controlled medicine in a way that puts the health or safety of people at risk or is likely to cause damage to property or the environment. A controlled medicine may be discarded by a prescribed discarding witness in the presence of another prescribed discarding witness.
The residue of a controlled medicine after it has been used may be discarded in the presence of someone who is not a prescribed discarding witness if no such person is available.
There is no general prohibition on destroying a controlled medicine: so as a patient is not a prescribing discarding witness and is therefore not subject to the requirement to have a witness, he or she may lawfully discard a legitimately prescribed controlled medicine without a witness as long as it is rendered unable to be used.
A person has a duty to make sure they take reasonable care and precautions to ensure that anything in their possession that can endanger the life, safety or health of another does not do so.
New Drugs, Poisons and Controlled Substances Regulations 2017
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These Regulations are made under sections ,. , , A and B of the Drugs, Poisons and Controlled Substances Act 3 Commencement. These.
Drugs, Poisons and Controlled Substances (Precursor Supply ...
The Schedules are referred to under State and Territory legislation for regulatory purposes. Although each State and Territory has its own laws, the vast majority of medicines and poisons are classified according to the SUSMP to achieve uniform national regulation. Schedule 2 S2 drugs and poisons, otherwise known as Pharmacy Medicines, are substances and preparations for therapeutic use that —.
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