Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Subject to the Act
and these regulations, a person shall not sell or supply a poison included in
Schedule 4 to any person unless —
(a) he
or she —
(i)
is satisfied that the person to whom the poison is sold
or supplied is authorised under regulation 40(1) to procure the poison;
and
(ii)
receives from that person a written order in accordance
with regulation 40(1a) or makes a record under regulation 41B;
(b) the
person to whom the poison is sold or supplied is the person (or an agent of
the person) in respect of whom a prescription for the poison was issued by a
medical practitioner, nurse practitioner, dentist or veterinary surgeon
prescribing the poison according to the requirements of these regulations;
(c)
satisfied that the person to whom the poison is sold or supplied is under
medical treatment with the poison and requires emergency treatment with the
poison and does not sell or supply to that person more than —
(i)
3 days medication of the poison; or
(ii)
where the poison is supplied in prepacked individual
packs, one individual standard pack;
or
(d) he
or she is a registered nurse working at a remote area nursing post and he or
she supplies a poison, not being a psychoactive poison —
(i)
in accordance with regulation 36(1)(c)(i);
(ii)
for the treatment of an acute medical condition in
compliance with the written standing orders of a medical practitioner which
have been approved in writing by the CEO; or
(iii)
for the treatment of an acute medical condition in
compliance with oral instructions of a medical practitioner for that
particular patient.
(1a) A person who has
received a written order under subregulation (1)(a)(ii) shall keep that
order for at least 2 years from the time he or she received it and
produce it at any time during the 2 years from the time he or she
received it when required to do so by the Executive Director.
(2) A medical
practitioner, nurse practitioner, pharmaceutical chemist, or veterinary
surgeon or an assistant under the direct personal supervision of a medical
practitioner, nurse practitioner, pharmaceutical chemist, or veterinary
surgeon shall be the only person who shall dispense a poison included in
Schedule 4.
(3) The following
conditions shall be observed by persons dispensing such
prescriptions —
(a) the
prescription shall not be dispensed more than the maximum number of times
indicated by it, and on each occasion upon which it is dispensed the dispenser
shall —
(i)
in the case of a prescription that is not issued
electronically — stamp or mark the prescription to show clearly the
date upon which it is dispensed and the name and address of the pharmacy at
which it is dispensed; and
(ii)
in the case of a prescription that is issued
electronically — indicate the date upon which it is dispensed and
the name and address of the pharmacy at which it is dispensed using the means
provided by the approved electronic prescribing system;
(b) the
person who dispenses a prescription which does not clearly indicate the
maximum number of times it is to be dispensed, or which has reached the last
occasion upon which it may be dispensed according to the maximum indicated by
it, shall —
(i)
in the case of a prescription that is not issued
electronically — write in ink, stamp or mark in legible letters
across the prescription the word “cancelled”; and
(ii)
in the case of a prescription that is issued
electronically — cancel the prescription using the means provided
by the approved electronic prescribing system;
(c)
(i) for the purposes of this
paragraph —
(I) handwritten records in a bound book
with sequentially numbered pages;
(II) computer records
on disk or tape that can be displayed and from which printed copies of the
records can be produced on demand;
(III) microfilm,
microfiche, or any other photographic systems in logical sequence and
retrievable form;
(IV) client record
cards, which include the details set out in a prescription; or
(V) alternative recording methods which
have been specifically and individually approved in writing by the CEO for the
purposes of this paragraph,
are deemed to be the
Prescription Book;
(ii)
before the poison is handed to the purchaser the
following details from the prescription shall be entered into the Prescription
Book —
the name and quantity
of the poison, the direction for use (if applicable), the date of issue of the
prescription, the name and address of the patient, the name and address, or
the name and identifying initials, of the prescriber, the date of dispensing
the prescription, and the entry shall be given an identifying letter or number
or combination of letter and number;
(iii)
in the event of the dispensing of a repeated prescription
an annotation of this fact showing the date of the repeat on the original
entry in the Prescription Book shall be sufficient compliance with this
regulation;
(iv)
the label on the bottle or package containing the poison
shall be marked with the identifying letter or number of the prescription as
appearing in the Prescription Book; and
(v)
the Prescription Book shall be kept at the place at which
the poison included in Schedule 4 was dispensed for at least 2 years
and shall be produced on demand to any person authorised in that behalf under
the Act or these regulations;
(d) a
prescription shall not be dispensed if it is —
(i)
cancelled; or
(ii)
more than 12 months old;
(e) a
prescription which is illegible or defaced, or appears to have been altered or
which appears to be for the purpose of enabling some unauthorised person to
obtain a poison included in Schedule 4, or which does not appear to be
genuine, shall not be dispensed;
(f) a
pharmaceutical chemist given a prescription referred to in paragraph (e)
shall forthwith inform the CEO of the relevant circumstances and the reasons
for his refusal to dispense the prescription, and, in the case of a
prescription that was not issued electronically, retain it.
(4) The following
conditions shall be observed by persons supplying poisons included in
Schedule 4 under subregulation (1)(d) —
(a) the
supply shall be recorded in the client record cards of the remote area nursing
post and the record cards kept for a minimum of 2 years following the
last entry in those records; and
(b) the
poisons shall be labelled in accordance with regulation 21(1)(a) or
21(1)(b).
[Regulation 36 amended in Gazette
19 Feb 1971 p. 518-19; 29 Aug 1980 p. 3028;
29 Jun 1984 p. 1784; 5 Jul 1985 p. 2392;
7 Aug 1987 p. 3038; 18 Sep 1987 p. 3596;
2 Jun 1989 p. 1603; 3 Jun 1990 p. 2626;
16 Apr 1992 p. 1634; 25 Jun 1993 p. 3085;
26 May 1994 p. 2201; 24 Jun 1994 p. 2867;
19 Mar 1996 p. 1221-2; 15 Dec 2006 p. 5630;
7 Nov 2008 p. 4809-10; amended by Act No. 9 of 2003
s. 44.]