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TASMANIA
__________
POISONS AMENDMENT (MIDWIVES) BILL 2010
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 26 amended (Sale and supply of potent substances and
hazardous and medicinal poisons)
6. Section 36 amended (Offences relating to certain restricted
substances)
7. Section 38 amended (Limitation of application of certain
provisions of Division 1 of this Part)
8. Sections 47C and 47D inserted
47C. Eligible midwives
47D. Offence for eligible midwife to make available drugs
of dependence, &c.
9. Section 93 amended (Regulations)
10. Repeal of Act
[Bill 53]-IV
2
POISONS AMENDMENT (MIDWIVES) BILL 2010
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
10 November 2010
(Brought in by the Minister for Health, the Honourable
Michelle Anne O'Byrne)
A BILL FOR
An Act to amend the Poisons Act 1971
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Poisons
Amendment (Midwives) Act 2010.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 53] 3
Poisons Amendment (Midwives) Act 2010
Act No. of
s. 3
3. Principal Act
In this Act, the Poisons Act 1971* is referred to
as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of "drug-seeking
behaviour":
"eligible midwife" means a midwife
whose registration is endorsed
under section 94 of the Health
Practitioner Regulation National
Law (Tasmania) -
(a) to administer, obtain,
possess, sell, supply or
prescribe a restricted
substance or a class of
restricted substances; and
(b) to administer, obtain or
possess a narcotic
substance or a class of
narcotic substances;
(b) by inserting the following definitions
after the definition of "midwife":
*No. 81 of 1971
4
Poisons Amendment (Midwives) Act 2010
Act No. of
s. 5
"midwifery narcotic substance"
means a narcotic substance that is
declared by the Minister, by
order, to be a midwifery narcotic
substance for the purposes of this
Act;
"midwifery restricted substance"
means a restricted substance that
is declared by the Minister, by
order, to be a midwifery restricted
substance for the purposes of this
Act;
5. Section 26 amended (Sale and supply of potent
substances and hazardous and medicinal poisons)
Section 26 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "and
section 47C" after "section 47A";
(b) by inserting in subsection (1B) "and
section 47C" after "section 47A".
6. Section 36 amended (Offences relating to certain
restricted substances)
Section 36 of the Principal Act is amended as
follows:
5
Poisons Amendment (Midwives) Act 2010
Act No. of
s. 7
(a) by inserting in subsection (1)(b)(i) ",
eligible midwife" after "nurse
practitioner";
(b) by inserting in subsection (2)(a) ",
eligible midwife" after "nurse
practitioner";
(c) by inserting in subsection (2)(b) ",
eligible midwife" after "nurse
practitioner".
7. Section 38 amended (Limitation of application of
certain provisions of Division 1 of this Part)
Section 38(1) of the Principal Act is amended by
inserting after paragraph (ab) the following
paragraph:
(ac) the sale or supply of a midwifery
restricted substance that is sold or
supplied by a pharmaceutical chemist on
and in accordance with the prescription
of an eligible midwife;
8. Sections 47C and 47D inserted
After section 47B of the Principal Act, the
following sections are inserted in Division 2:
47C. Eligible midwives
(1) Notwithstanding section 26(1B) and
section 36(1) and subject to
6
Poisons Amendment (Midwives) Act 2010
Act No. of
s. 8
subsection (2), an eligible midwife may
administer, obtain, possess, sell, supply
or prescribe a midwifery restricted
substance in the lawful practice of the
profession of midwifery.
(2) In the case of a midwifery restricted
substance that is a restricted substance
declared by the Minister by order under
section 36, the eligible midwife may only
administer, obtain, possess, sell, supply
or prescribe the substance if the midwife
is acting in the lawful practice of the
profession of midwifery in Tasmania.
(3) Notwithstanding sections 47 and 48 and
subject to section 47D, an eligible
midwife may only administer, obtain or
possess a midwifery narcotic substance if
the midwife is acting in the lawful
practice of the profession of midwifery in
Tasmania.
47D. Offence for eligible midwife to make
available drugs of dependence, &c.
(1) An eligible midwife must not administer
a midwifery narcotic substance to any
person who he or she has reason to
believe is a drug-dependent person.
Penalty: Fine not exceeding 50 penalty
units.
(2) An eligible midwife must not administer
a midwifery narcotic substance to a
person who he or she has reason to
7
Poisons Amendment (Midwives) Act 2010
Act No. of
s. 8
believe is exhibiting drug-seeking
behaviour.
Penalty: Fine not exceeding 50 penalty
units.
(3) An eligible midwife must not administer
a midwifery narcotic substance to any
person for any period longer than 48
hours.
Penalty: Fine not exceeding 50 penalty
units.
(4) An eligible midwife must not administer
a midwifery narcotic substance to any
person who has a history of obtaining a
notifiable restricted substance, narcotic
substance or prohibited substance for a
non-medical purpose or of unlawful
possession or unlawful supply of a
notifiable restricted substance, narcotic
substance or prohibited substance.
Penalty: Fine not exceeding 50 penalty
units.
(5) An eligible midwife must not make
available a midwifery restricted
substance that is also a notifiable
restricted substance, or administer a
midwifery narcotic substance, to any
person if the eligible midwife knows or
ought to know that the person is the
subject of an authority under
section 59E(1).
8
Poisons Amendment (Midwives) Act 2010
Act No. of
s. 9
Penalty: Fine not exceeding 50 penalty
units.
(6) In this section -
"notifiable restricted substance"
means a notifiable restricted
substance within the meaning of
section 59A.
9. Section 93 amended (Regulations)
Section 93(2) of the Principal Act is amended as
follows:
(a) by inserting in paragraph (m) "eligible
midwives" after "practitioners,";
(b) by inserting in paragraph (n) "eligible
midwives" after "nurse practitioners,".
10. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
Government Printer, Tasmania 9