SUMMARY - Safe Medications Management project: Key issues and ...

The Health Practitioner Regulation National Law referred to as The National Law has established anational scheme for the regulation of health practitioners and students undertaking programs ofstudy leading to registration as a health practitioner. It applied initially to 10 health professionalgroups from 1st July 2010.It is known as “an applied law” model as the legislative powers are with the states/territories.Queensland has initially enacted the National Law. All of the other states/territories are enactinglegislation to adopt and apply the National Law as a law of their own jurisdiction.The Commonwealth does not apply the National Law, but needs to make consequentialamendments to Commonwealth laws to ensure effective interface between the various agenciesand the national scheme.This Act will be reviewed by jurisdiction under the next section on the States and TerritoriesLegislation.2.1.2. States and Territories LegislationEvery jurisdiction, except Queensland, has a specific Act relating to medicines, poisons, drugs orcontrolled substances with corresponding Regulations. Queensland utilizes the Queensland HealthAct 1937 as its overarching Act and has specific drugs and poisons Regulations to spell out thedetail.The relevant Acts and Regulations have been reviewed for each State and Territory for theelements that are relevant to this project. Specific definitions relating to the health professionsare identified in the legislation and the steps in medication management, which relate to”prescribing, supplying, dispensing and administering”, are noted.A Summary Jurisdictional Table of the Acts and Regulations pertaining to medicines, drugs andpoisons and the Acts relating to Health Professionals are available in Appendix A. A jurisdictionalcomparative table relating to the elements of Medication Management is available in Appendix B.Detailed tables for each jurisdictional legislation can be found in Appendix C to J.2.1.2.1. Australian Capital TerritoryThe ACT Medicines, Poisons and Therapeutic Goods Act and Regulations 2008, (effective21/12/2010), and the most recent legislation amongst the jurisdictions.The Act and the Regulations refer to Health Professionals as defined in the Health PractitionerRegulations National Law (ACT) and the Health Professionals Act 2004 and defines a residentialaged care facility in accordance with the Aged Care Act 1997.The majority of detail is left to the Regulation to specify who can do what. The terminology of“doctor” is used rather than medical practitioner, with nurse practitioner, nurse, enrolled nurseand pharmacist identified with each role qualified viz.:“to the extent necessary to practice(medicine, nursing, pharmacy) and, if employed, within the scope of employment”.Of note is that:An Enrolled Nurse, under Schedule 1 Part 1.6, can obtain, possess and administermedicines.12