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

2.1.2.4. QueenslandThe Health Act 1937 is the overarching Act, however, the Health (Drugs and Poisons) Regulation1996 effective (28/01/2011) provides the majority of the legislative direction and the most detailregarding the roles of health practitioners.Part 2 Div 2 of the Regulation uses the term “doctors” and “physician’s assistant” (under thesupervision of a supervising medical officer) as being able to possess, administer, supply andprescribe a controlled drug. Similarly a nurse practitioner can obtain, administer, supply andprescribe; a registered nurse can posses and administer drugs and under s 58A, an enrolled nursecan “possess, administer controlled and restricted drugs under the supervision or writteninstruction of a doctor, nurse practitioner or physician’s assistant”. Pharmacists can dispense, selland possess drugs.Similar to the Northern Territory, under Ch 2 Part 2 s59A and s164A Indigenous health workers inan isolated area can obtain, possess, administer a controlled and restricted drug on oral or writtenorder of doctor, nurse practitioner, physician’s assistant. In addition an “endorsed nurse” in arural hospital or isolated practice area can obtain, supply and administer a controlled drug.Ch 2 Part 7 s110 makes particular reference to a nursing home and identifies the responsibleperson of a nursing home being the Director of Nursing, a medical superintendent or theregistered nurse in charge and under Part 2 s63 they can obtain possess and issue controlled andrestricted drugs.There are no specific definitions in the Regulations for health practitioners as these are detailedunder the Health Practitioner Regulation National Law (Queensland) Act 2009 which defines ahealth practitioner as one who practises a health profession and a registered health practitioner asbeing registered under the Law.2.1.2.5. South AustraliaThe South Australia Controlled Substances Act 1984 effective (28/11/10) defines a medicalpractitioner, a nurse, and pharmacist as registered under the Health Practitioner RegulationNational Law.The Act refers to a medical practitioner and nurse acting in the ordinary course of his or herprofession being able to sell, supply, administer a prescription drug (not of dependence) and apharmacist can dispense the prescription of a medical practitioner.The Controlled Substance (Poisons) Regulations 1996 effective (01/07/10) makes detailedreference to the Uniform Poisons Standard under the TG Act 1989 and the Schedules. It describesa “prescriber” as a person who lawfully gives a prescription for a drug. Reference is made to amedical practitioner or nurse relating to supplying and administering a drug of dependence anddetails relating to recording.Detailed information listed in the Regulations regarding prescriptions and dispensing under Part 4s 25 refers to the responsibilities of the “prescriber”. Part 4 s 27 describes dispensing of apharmacist or medical practitioner.Amendments to Part 5A s 31G and 31I in 2009 deleted the word “registered” leaving the word“nurse” and provided the ability for an enrolled nurse to administer a drug of dependence.14