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TASMANIA
__________
POISONS AMENDMENT (NURSE
PRACTITIONERS) BILL 2007
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 14 amended (The Poisons List)
6. Section 25B inserted
25B. Authorisation of nurse practitioners by Secretary
7. Section 26 amended (Sale and supply of potent substances and
hazardous and medicinal poisons)
8. Section 36 amended (Offences relating to certain restricted
substances)
9. Section 38 amended (Limitation of application of certain
provisions of Division 1 of this Part)
10. Section 47 amended (Sale and supply of narcotic substances
prohibited plants, and prohibited substances)
11. Section 48 amended (Possession of narcotic substances, &c.)
12. Section 59 amended (Regulations relating to narcotics and
narcotic substances)
13. Section 93 amended (Regulations)
[Bill 80]-IX
2
POISONS AMENDMENT (NURSE
PRACTITIONERS) BILL 2007
(Brought in by the Minister for Health and Human Services,
the Honourable Larissa Tahireh Giddings)
A BILL FOR
An Act to amend the Poisons Act 1971
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Poisons
Amendment (Nurse Practitioners) Act 2007.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Poisons Act 1971* is referred to
as the Principal Act.
*No. 81 of 1971
[Bill 80] 3
Poisons Amendment (Nurse Practitioners) Act 2007
Act No. of
s. 4
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of "analyst":
"authorised nurse practitioner"
means a nurse practitioner
authorised under section 25B;
(b) by inserting the following definition after
the definition of "narcotic substance":
"nurse practitioner" means a
registered nurse who holds an
authorisation to practise as a
nurse practitioner under the
Nursing Act 1995;
5. Section 14 amended (The Poisons List)
Section 14(2) of the Principal Act is amended as
follows:
(a) by inserting in paragraph (c) "authorised
nurse practitioners" after "chemists,";
(b) by inserting in paragraph (d) "authorised
nurse practitioner" after "dentist,".
4
Poisons Amendment (Nurse Practitioners) Act 2007
Act No. of
s. 6
6. Section 25B inserted
After section 25A of the Principal Act, the
following section is inserted in Division 5:
25B. Authorisation of nurse practitioners by
Secretary
(1) The Secretary may authorise in writing a
nurse practitioner to do any or all of the
following in such circumstances, subject
to such conditions and in relation to such
substances or class of substances as may
be specified in the authorisation:
(a) sell or supply
(i) medicinal poisons or
potent substances; or
(ii) medicinal poisons or
potent substances of a
class specified in the
authorisation;
(b) be in possession of, sell, supply
or prescribe
(i) restricted substances or
narcotic substances; or
(ii) restricted substances or
narcotic substances of a
class specified in the
authorisation; or
(2) The Secretary may at any time revoke an
authorisation under subsection (1) or
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Poisons Amendment (Nurse Practitioners) Act 2007
Act No. of
s. 7
vary the substances or class of substances
to which the authorisation relates or vary
the circumstances in which, or the
conditions subject to which, the
authorisation may be exercised.
7. Section 26 amended (Sale and supply of potent
substances and hazardous and medicinal poisons)
Section 26 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(b) "or
subsection (1AB)" after
"subsection (1A)";
(b) by inserting the following subsection
after subsection (1A):
(1AB) An authorised nurse practitioner
in the lawful practice of his or her
profession and to the extent of
any authorisation conferred on
him or her under section 25B is
authorised to sell or supply to
another person a substance to
which this section applies.
(c) by inserting in subsection (1B) "or
subsection (1D)" after "subsection (1C)";
(d) by inserting the following subsection
after subsection (1C):
(1D) An authorised nurse practitioner
in the lawful practice of his or her
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Poisons Amendment (Nurse Practitioners) Act 2007
Act No. of
s. 8
profession and to the extent of
any authorisation conferred on
him or her under section 25B is
authorised to sell or supply a
restricted substance to another
person.
(e) by omitting from subsection (2) "(1A)"
and substituting "(1B)";
(f) by inserting in subsection (3) "an
authorised nurse practitioner" after
"dentist,".
8. Section 36 amended (Offences relating to certain
restricted substances)
Section 36 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(a) "or
subsection (1B)" after "subsection (1A)";
(b) by inserting in subsection (1)(b)(i) ",
authorised nurse practitioner" after
"dentist";
(c) by inserting the following subsection
after subsection (1A):
(1B) An authorised nurse practitioner
in the lawful practice of his or her
profession and to the extent of
any authorisation conferred on
him or her under section 25B is
authorised to have in his or her
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Poisons Amendment (Nurse Practitioners) Act 2007
Act No. of
s. 9
possession, or to attempt to obtain
possession of, a substance to
which this section applies.
(d) by inserting in subsection (2)(a)
"authorised nurse practitioner" after
"dentist,";
(e) by inserting in subsection (2)(b)
"authorised nurse practitioner" after
"dentist,".
9. Section 38 amended (Limitation of application of
certain provisions of Division 1 of this Part)
Section 38(1) of the Principal Act is amended as
follows:
(a) by inserting in paragraph (a) "authorised
nurse practitioner" after "dentist,";
(b) by inserting in paragraph (d)(ii) ", dentist
or authorised nurse practitioner" after
"practitioner";
(c) by inserting in paragraph (e) ", dentist or
authorised nurse practitioner" after
"practitioner".
8
Poisons Amendment (Nurse Practitioners) Act 2007
Act No. of
s. 10
10. Section 47 amended (Sale and supply of narcotic
substances prohibited plants, and prohibited
substances)
Section 47 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (d) in subsection (1):
(daa) the person is an authorised nurse
practitioner acting in accordance
with an authorisation conferred
on him or her under section 25B;
(b) by inserting in subsection (1)(db) ",
dentist or authorised nurse practitioner"
after "practitioner";
(c) by inserting in subsection (10)(a) "or
section 25B" after "section 25A".
11. Section 48 amended (Possession of narcotic
substances, &c.)
Section 48 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (a) in subsection (1):
(ab) the person is an authorised nurse
practitioner acting in accordance
with an authorisation conferred
on him or her under section 25B;
or
9
Poisons Amendment (Nurse Practitioners) Act 2007
Act No. of
s. 12
(b) by inserting the following paragraph after
paragraph (ba) in subsection (2):
(baa) the possession by a person of a
narcotic substance supplied by an
authorised nurse practitioner, in
accordance with an authorisation
under section 25B, to him or her
or to some person who is a
member of his or her family or
his or her household or of whom
he or she has the care, custody or
control; or
12. Section 59 amended (Regulations relating to
narcotics and narcotic substances)
Section 59 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(e)
"authorised nurse practitioners" after
"dentists,";
(b) by inserting in subsection (1)(g) "dentists
and authorised nurse practitioners," after
"practitioners,";
(c) by inserting in subsection (2)(b)
"authorised nurse practitioners" after
"dentists,";
(d) by inserting the following paragraph after
paragraph (c) in subsection (6):
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Poisons Amendment (Nurse Practitioners) Act 2007
Act No. of
s. 13
(ca) professional misconduct within
the meaning and for the purposes
of Part 4 of the Nursing Act 1995;
13. Section 93 amended (Regulations)
Section 93(2) of the Principal Act is amended as
follows:
(a) by inserting in paragraph (m) "authorised
nurse practitioners," after "dentists,";
(b) by inserting in paragraph (n) "authorised
nurse practitioners," after "dentists,".
Government Printer, Tasmania 11