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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Drugs, Poisons and Controlled Substances (Aged
Care Services) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purposes 2
2. Commencement 2
PART 2--AMENDMENT OF DRUGS, POISONS AND
CONTROLLED SUBSTANCES ACT 1981 3
3. Definition 3
4. New Division 10A of Part II inserted 3
Division 10A--Administration of Medication in Aged Care
Services 3
36C. Effect of this Division 3
36D. Definitions 3
36E. Administration of drugs of dependence, Schedule 9
poisons, Schedule 8 poisons and Schedule 4 poisons
in aged care services 4
36F. Nurse to have regard to code for guidance 4
5. Regulation making powers 5
PART 3--AMENDMENT OF NURSES ACT 1993 6
6. New section 63AA inserted 6
63AA. Offence of directing or inciting unprofessional conduct 6
7. Offence by bodies corporate 6
ENDNOTES 7
i
551466B.I1-28/2/2006 BILL LA INTRODUCTION 28/2/2006
PARLIAMENT OF VICTORIA
A BILL
to amend the Drugs, Poisons and Controlled Substances Act 1981
to provide for the administration of drugs of dependence, Schedule 9
poisons, Schedule 8 poisons and Schedule 4 poisons to certain
residents in aged care services, to amend the Nurses Act 1993 to
create an offence of directing or inciting unprofessional conduct and
for other purposes.
Drugs, Poisons and Controlled
Substances (Aged Care Services) Act
2006
The Parliament of Victoria enacts as follows:
1
551466B.I1-28/2/2006 BILL LA INTRODUCTION 28/2/2006
Drugs, Poisons and Controlled Substances (Aged Care
Services) Act 2006
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to amend the Drugs, Poisons and
Controlled Substances Act 1981 to provide
5
for the administration of drugs of
dependence, Schedule 9 poisons, Schedule 8
poisons and Schedule 4 poisons to certain
residents in aged care services; and
(b) to amend the Nurses Act 1993 to create an
10
offence of directing or inciting
unprofessional conduct.
2. Commencement
This Act comes into operation on 30 May 2006.
__________________
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551466B.I1-28/2/2006 BILL LA INTRODUCTION 28/2/2006
Drugs, Poisons and Controlled Substances (Aged Care
Services) Act 2006
Act No.
Part 2--Amendment of Drugs, Poisons and Controlled Substances Act 1981
s. 3
See:
PART 2--AMENDMENT OF DRUGS, POISONS AND
Act No. 9719.
CONTROLLED SUBSTANCES ACT 1981 Reprint No. 7
as at
1 July 2004
3. Definition and
amending
In section 4(1) of the Drugs, Poisons and Act Nos
Controlled Substances Act 1981 insert the
5 55/2003,
16/2004,
following definition-- 74/2004,
80/2004,
' "aged care service" has the same meaning as it 87/2004,
has in the Aged Care Act 1997 of the 108/2004,
93/2005 and
Commonwealth;'. 97/2005.
LawToday:
4. New Division 10A of Part II inserted
10 www.dms.
dpc.vic.
After Division 10 of Part II of the Drugs, Poisons gov.au
and Controlled Substances Act 1981 insert--
'Division 10A--Administration of Medication
in Aged Care Services
36C. Effect of this Division
15
Nothing in this Division affects any other
requirement in this Act or the Regulations in
respect of the administration of a drug of
dependence, a Schedule 9 poison, a
Schedule 8 poison or a Schedule 4 poison.
20
36D. Definitions
In this Division--
"approved provider" has the same meaning
as it has in the Aged Care Act 1997 of
the Commonwealth;
25
"high level residential care" has the same
meaning as it has in the Aged Care Act
1997 of the Commonwealth;
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551466B.I1-28/2/2006 BILL LA INTRODUCTION 28/2/2006
Drugs, Poisons and Controlled Substances (Aged Care
Services) Act 2006
Act No.
Part 2--Amendment of Drugs, Poisons and Controlled Substances Act 1981
s. 4
"nurse" means a person registered in
division 1, division 3 or division 4 of
the register of nurses established under
the Nurses Act 1993;
"Nurses Board of Victoria" means the
5
Board established under Part 6 of the
Nurses Act 1993.
36E. Administration of drugs of dependence,
Schedule 9 poisons, Schedule 8 poisons
and Schedule 4 poisons in aged care
10
services
A person who is an approved provider of an
aged care service must ensure that a nurse
manages the administration of any drug of
dependence, Schedule 9 poison, Schedule 8
15
poison or Schedule 4 poison to a resident in
an aged care service--
(a) who is receiving high level residential
care; and
(b) for whom that drug or poison has been
20
supplied on prescription.
Penalty: In the case of a natural person,
120 penalty units;
In the case of a body corporate,
600 penalty units.
25
36F. Nurse to have regard to code for guidance
A nurse who manages the administration of
any drug of dependence, Schedule 9 poison,
Schedule 8 poison or Schedule 4 poison to a
resident in an aged care service in
30
accordance with this Division must do so in
accordance with the relevant code for
guidance (if any) issued by the Nurses Board
of Victoria under the Nurses Act 1993.'.
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551466B.I1-28/2/2006 BILL LA INTRODUCTION 28/2/2006
Drugs, Poisons and Controlled Substances (Aged Care
Services) Act 2006
Act No.
Part 2--Amendment of Drugs, Poisons and Controlled Substances Act 1981
s. 5
5. Regulation making powers
After section 129(1)(b) of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"(ba) regulating, for the purposes of Division 10A
of Part II, the administration of drugs of
5
dependence, Schedule 9 poisons, Schedule 8
poisons and Schedule 4 poisons to residents
of aged care services;".
__________________
5
551466B.I1-28/2/2006 BILL LA INTRODUCTION 28/2/2006
Drugs, Poisons and Controlled Substances (Aged Care
Services) Act 2006
Act No.
Part 3--Amendment of Nurses Act 1993
See: PART 3--AMENDMENT OF NURSES ACT 1993
Act No.
111/1993.
6. New section 63AA inserted
Reprint No. 4
as at 7 April
After section 63 of the Nurses Act 1993 insert--
2004 and
amending
Act Nos "63AA. Offence of directing or inciting
14/2002,
unprofessional conduct
5 108/2004,
18/2005,
(1) A person must not direct or incite a nurse to
42/2005 and
97/2005.
do any thing, in the course of professional
LawToday:
practice, that would constitute unprofessional
www.dms.
dpc.vic.
conduct or professional misconduct.
gov.au
Penalty: In the case of a natural person,
10
240 penalty units;
In the case of a body corporate,
1200 penalty units.
(2) If a court convicts or finds a person guilty of
an offence against this section, the court
15
must cause the Nurses Board of Victoria to
be notified in writing of the conviction or
finding.".
7. Offence by bodies corporate
In section 64 of the Nurses Act 1993, after
20
"section 63" insert "or 63AA".
6
551466B.I1-28/2/2006 BILL LA INTRODUCTION 28/2/2006
Drugs, Poisons and Controlled Substances (Aged Care
Services) Act 2006
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
7
551466B.I1-28/2/2006 BILL LA INTRODUCTION 28/2/2006
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