New Exceptions for Poisons & Controlled Substances Permits in VIC

Certain Victorian health service establishments have been exempted from requirements to hold a permit under the Drugs, Poisons and Controlled Substances Act 1981 (Vic). Read on to find out if your organisation is captured.

This training brochure applies to organisations that are ‘health service establishments’ under section 3 of the Health Services Act 1988 (Vic)

Health Services (Health Service Establishments) Amendment Regulations 2019 No.99 (Vic)

On 22 October 2019, the Health Services (Health Service Establishments) Amendment Regulations 2019 No.99 (Vic) (the Amending Regulations) amended the Health Services (Health Service Establishments) Regulations 2013 (Vic) (the Regulations).

New exceptions to the requirement to hold a permit issued under section 19 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic)

Organisations that are health service establishments under section 3 of the Health Services Act 1988 (Vic) (being day procedure centres, or premises at which prescribed health services are provided, or private hospitals), will be aware that they are required to hold a permit under section 19 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic) (the Act) in order to purchase or otherwise obtain certain poisons or controlled substances for the provision of health services.

On 22 October 2019, the Amending Regulations amended regulation 38A of the Regulations to provide for exceptions to the requirement to hold a permit under section 19 of the Act. Regulation 38A now provides that the requirement to hold a permit under section 19 of the Act does not apply to:

  • a health service establishment at or from which the prescribed health services provided do not usually require (for the provision of those services), the purchase or otherwise obtaining of any poisons or controlled substances, other than a patient’s own medicine;
  • a health service establishment that provides prescribed health services solely at premises other than the premises for which it is registered, and where only one registered health practitioner (other than the additional nursing staff required under regulation 27 of the Regulations or one or more additional registered midwives) provides prescribed health services.

A patient’s own medicine is defined in regulation 38A(3) of the Regulations as a poison or controlled substance that has been supplied to a patient by a registered health practitioner (other than the proprietor of the health service establishment, or a registered health practitioner employed by or contracted to provide health services prescribed under the Regulations for or at the health service establishment).

Conclusion

Organisations should alert relevant staff to the new exceptions under regulation 38A of the Regulations, as discussed above and as outlined in the VIC – Specific Operational Requirements for Private Hospitals and Day Procedure Centres topic.

Contact

For further information please contact the Law Compliance team:

Phone: 1300 862 667

Email: info@lawcompliance.com.au

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