Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A visiting health
professional does not commit an offence under a Health Registration Act, the
Poisons Act 1964 , the Radiation Safety Act 1975 or the
Misuse of Drugs Act 1981 for —
(a)
providing health care services as authorised under this Act;
(b)
possessing, using or supplying a substance in the course of providing those
authorised health care services where the substance is —
(i)
lawfully imported or lawfully obtained in Australia by
the visiting health professional; and
(ii)
a substance that may be lawfully possessed, used or
supplied by a registered health professional of the like profession;
(c)
prescribing a substance in the course of providing those authorised health
care services;
(d)
requesting the holder of a licence under the Radiation Safety Act 1975 to
undertake diagnosis or therapy in the course of providing those authorised
health care services;
(e)
holding himself or herself out as being able to provide those authorised
health care services; or
(f)
using any name, initials, description, word, symbol, addition or title that
the visiting health professional ordinarily uses.
(2) A visitor does not
commit an offence under the Poisons Act 1964 or the
Misuse of Drugs Act 1981 for using or possessing any substance as a
result of being provided with health care services in accordance with this
Act.
(3) A person does not
commit an offence under the Poisons Act 1964 or the
Misuse of Drugs Act 1981 for —
(a)
selling or supplying a restricted substance or drug of addiction in accordance
with a written prescription issued by a visiting health professional
if —
(i)
the visiting health professional is authorised under this
Act to issue the prescription;
(ii)
the person is authorised under this Act to sell or supply
the substance on such a prescription; and
(iii)
the person is complying with any conditions to which the
person’s authorisation under the Poisons Act 1964 is subject;
or
(b)
selling any substance by wholesale to a visiting health professional
if —
(i)
the person is authorised under this Act to supply the
substance by wholesale;
(ii)
the visiting health professional is authorised under this
Act to be sold the substance by wholesale; and
(iii)
the person is complying with any conditions to which the
person’s authorisation under the Poisons Act 1964 is subject.
(4) The regulations
may prescribe other offences to which subsection (1), (2) or (3) applies.