Health Legislation Amendment Regulation (No. 1) 2016

1Short title

This regulation may be cited as the Health Legislation Amendment Regulation (No. 1) 2016 .

2Regulation amended

This part amends the Food Regulation 2006.

3Replacement of s 3 (Sale of prescribed food—Act, s 48)

Section 3—
omit, insert—

3Sale of prescribed food—Act, s 48

(1)For section 48(2)(k) of the Act—

(a)food mentioned in schedule 1AA, part 1 is prescribed; and

(b)meals sold by a non-profit organisation are prescribed if—

(i)the organisation is a surf lifesaving club; and

(ii)a member of the club is involved in the preparation of the meal; and

(iii)the meal is sold to a member of the club for a nominal amount.

(2)However, food mentioned in schedule 1AA, part 1 is not included for subsection (1)(a) if the food is in a form that makes it potentially hazardous food.

Examples—

pasta that is cooked, couscous in a salad

(3)For section 48(3) of the Act, definition snack food, paragraph (d), the food mentioned in schedule 1AA, part 2 is prescribed.

4Amendment of s 7 (Fees for applications)

(1)Section 7(1)(a), after ‘auditor’—
insert—

(a section 128 application)

(2)Section 7(1)(b), after ‘auditor’—
insert—

(a section 138 application)

(3)Section 7(2)—
omit, insert—

(2)For section 151(2)(c) of the Act, the fee is—

(a)for a section 128 application—the total of the following—

(i)the application fee of $114.50;

(ii)an approval fee of $247.00 for each year of the approval; or

(b)for a section 138 application—an approval fee of $247.00 for each year of the approval.

5Insertion of new sch 1AA

Before schedule 1—
insert—

Schedule 1AA Prescribed food

section 3

Part 1 Food other than snack food

cereals
cocoa
coconut
couscous
crushed, puffed or toasted nuts, grains and seeds
edible oil

Examples—

olive oil, vegetable oil, macadamia oil

flour
legumes
lentils
noodles
oats
pasta
preparations for spreading on bread

Examples—

honey, peanut butter, hazelnut spread, vegemite, jam, marmalade

quinoa
sugar
syrups

Examples—

golden syrup, maple syrup, rice syrup, malt syrup, glucose syrup, coconut syrup

Part 2 Snack food

carob
chocolate bars
chocolates
churros
crackers
croissants
doughnuts
dried vegetable chips
friands
meat jerky
muesli bars
muffins
popcorn
pretzels
puffed rice
soy chips
toasted corn

6Regulation amended

This part amends the Health (Drugs and Poisons) Regulation 1996.

7Amendment of s 20B (Who may apply for an operating approval)

Section 20B, ‘a drug therapy protocol’—
omit, insert—

the pharmacist opioid DTP

8Amendment of s 59A (Indigenous health workers)

Section 59A(b), ‘a drug therapy protocol’—
omit, insert—

the indigenous health worker isolated practice area DTP

9Amendment of s 62 (Midwives)

Section 62(d)(ii)—
omit, insert—

(ii)under the midwives DTP.

10Amendment of s 64 (Pharmacists)

Section 64(1)(f), ‘a drug therapy protocol’—
omit, insert—

the pharmacist opioid DTP

11Amendment of s 66 (Queensland Ambulance Service)

Section 66(4)(c)(ii)—
omit, insert—

(ii)under the isolated practice area paramedic DTP.

12Amendment of s 67 (Registered nurses)

(1)Section 67(2), before ‘endorsed’—
insert—

area

(2)Section 67(2)(b)(ii), ‘a drug therapy protocol’—
omit, insert—

the rural and isolated practice area endorsed nurse DTP

(3)Section 67(2)(c), ‘a drug therapy protocol’—
omit, insert—

the rural and isolated practice area endorsed nurse DTP

(4)Section 67(4)—
omit, insert—

(4)To the extent necessary to practise nursing, a nurse practitioner is authorised to—

(a)obtain a controlled drug; or

(b)under the nurse practitioner DTP—

(i)administer, supply or prescribe a controlled drug; or

(ii)give a registered nurse or midwife an oral or written instruction to administer a controlled drug; or

(iii)give an indigenous health worker an oral or written instruction to administer a controlled drug; or

(iv)give a rural and isolated practice area endorsed nurse an oral or written instruction to administer or supply a controlled drug; or

(v)for subsection (3), give a registered nurse an oral or written instruction to supply a controlled drug; or

(vi)give a pharmacist an oral or written instruction to supply a controlled drug; or

(vii)give an isolated practice area paramedic an oral or written instruction to administer or supply a controlled drug.

13Amendment of s 84 (Dealing with paper prescriptions and certain written instructions)

(1)Section 84, heading, ‘certain’—
omit, insert—

particular

(2)Section 84(10)(b), ‘or when’—
omit, insert—

and when

14Amendment of s 87 (Entries to be made in controlled drugs record)

Section 87(2)(a), ‘a drug therapy protocol’—
omit, insert—

the pharmacist opioid DTP

15Amendment of s 89 (Authorised persons to obtain controlled drugs on purchase order)

Section 89(3)—
omit, insert—

(3)A dentist, doctor, midwife, nurse practitioner, pharmacist or veterinary surgeon who places a purchase order must sign the order.

16Amendment of s 93 (Dealing with purchase orders)

Section 93(2)(d), after ‘doctor’—
insert—

, midwife, nurse practitioner

17Amendment of s 109 (Records of controlled drugs supplied to be kept)

Section 109(4)(e)—
omit, insert—

(e)the name and address of the doctor, nurse practitioner or physician’s assistant who gave the oral or written instruction to supply the controlled drug; and

18Amendment of s 112 (Records—ambulance officers, indigenous health workers, midwives and rural and isolated practice endorsed nurses)

(1)Section 112, heading and subsections (1), (2) and (3), before ‘endorsed’—
insert—

area

(2)Section 112(3)(e)—
omit, insert—

(e)if the controlled drug is administered to a person other than by a rural and isolated practice area endorsed nurse or midwife under the particular drug therapy protocol under which the drug is administered—the name of the doctor, nurse practitioner or physician’s assistant authorising the administration of the drug;

19Amendment of s 113 (Record keeping for certain nursing practices and Queensland Ambulance Service stations)

(1)Section 113, heading, ‘certain’—
omit, insert—

particular

(2)Section 113(1)(a), before ‘endorsed’—
insert—

area

20Amendment of s 119 (Storage of controlled drugs generally)

Section 119(4) and (5), from ‘doctor’ to ‘endorsed’—
omit, insert—

doctor, nurse practitioner, rural and isolated practice area endorsed

21Replacement of s 164A (Indigenous health workers)

Section 164A—
omit, insert—

164AIndigenous health workers

An indigenous health worker, while practising in an Aboriginal or Torres Strait Islander community in an isolated practice area in a specified Hospital and Health Service, is authorised—

(a)to obtain and possess a restricted drug; or

(b)to administer or supply a restricted drug, under the indigenous health worker isolated practice area DTP, on the oral or written instruction of a doctor, nurse practitioner or physician’s assistant; or

(c)during a declared public health emergency relating to an infectious medical condition—to administer or supply a restricted drug under the communicable diseases DTP; or

(d)while an influenza epidemic proclamation is in force—to administer or supply a restricted drug under the pandemic influenza program DTP.

22Amendment of s 167 (Midwives)

Section 167(1)(d)(ii)—
omit, insert—

(ii)under the midwives DTP.

23Amendment of s 170A (Orthoptists)

Section 170A, ‘a drug therapy protocol’—
omit, insert—

the orthoptist DTP

24Amendment of s 171 (Pharmacists)

(1)Section 171(1)—
insert—

Note—

For an approved pharmacist under the National Health Act 1953 (Cwlth), see also the National Health (Continued Dispensing) Determination 2012 (Cwlth).

(2)Section 171(3)—
omit, insert—

(3)During a declared public health emergency relating to an infectious medical condition, a pharmacist is authorised to administer or supply a restricted drug under the communicable diseases DTP.

(3A)While an influenza epidemic proclamation is in force, a pharmacist is authorised to administer or supply a restricted drug under the pandemic influenza program DTP.

(3)Section 171(3A) and (4)—
renumber as section 171(4) and (5).

25Amendment of s 174 (Queensland Ambulance Service)

(1)Section 174(2A)(c)(ii)—
omit, insert—

(ii)under the isolated practice area paramedic DTP.

(2)Section 174(4)—
omit, insert—

(4)During a declared public health emergency relating to an infectious medical condition—

(a)an ambulance officer who is a paramedic 1, 2, 3, 3 (ECP) or 4 is authorised to obtain, possess, administer or supply a restricted drug under the communicable diseases DTP; and

(b)an ambulance officer who is a paramedic 3, 3 (ECP) or 4 is authorised to obtain, possess or administer a restricted drug that is a vaccine for the infectious medical condition under the communicable diseases DTP.

(5)While an influenza epidemic proclamation is in force—

(a)an ambulance officer who is a paramedic 1, 2, 3, 3 (ECP) or 4 is authorised to obtain, possess, administer or supply a restricted drug under the pandemic influenza program DTP; and

(b)an ambulance officer who is a paramedic 3, 3 (ECP) or 4 is authorised to obtain, possess or administer a restricted drug that is a vaccine for influenza under the pandemic influenza program DTP.

26Replacement of s 175 (Registered nurses)

Section 175—
omit, insert—

175Registered nurses

(1)To the extent necessary to practise nursing, a registered nurse is authorised to—

(a)possess a restricted drug at a place where the registered nurse practises nursing; or

(b)administer a restricted drug—

(i)on the oral or written instruction of a dentist, doctor, nurse practitioner or physician’s assistant; or

(ii)on the written instruction of a surgical podiatrist; or

(iii)to the person for whom it has been dispensed under the instructions stated by the dispenser.

(2)To the extent necessary to practise nursing in a rural hospital or an isolated practice area, a rural and isolated practice area endorsed nurse is authorised to—

(a)obtain a restricted drug; or

(b)supply a restricted drug to a person—

(i)on the oral or written instruction of a dentist, doctor, nurse practitioner or physician’s assistant; or

(ii)under the rural and isolated practice area endorsed nurse DTP; or

(c)administer a restricted drug to a person under the rural and isolated practice area endorsed nurse DTP.

(3)To the extent necessary to practise nursing at a hospital within an isolated practice area, a registered nurse is authorised to supply a restricted drug, on the oral or written instruction of a doctor, nurse practitioner or physician’s assistant, to a person being discharged from the hospital or to an outpatient of the hospital.

(4)To the extent necessary to practise nursing under an immunisation program, an immunisation program nurse is authorised to—

(a)obtain a vaccine or other restricted drug; or

(b)administer a vaccine or other restricted drug under the immunisation program nurse DTP.

(5)To the extent necessary to practise nursing under a sexual health program, a sexual health program nurse is authorised to administer or supply a restricted drug under the sexual health program nurse DTP.

(6)During a declared public health emergency relating to an infectious medical condition, a registered nurse is authorised to obtain, administer or supply a restricted drug under the communicable diseases DTP.

(7)While an influenza epidemic proclamation is in force, a registered nurse is authorised to obtain, administer or supply a restricted drug under the pandemic influenza program DTP.

(8)To the extent necessary to practise nursing, a nurse practitioner is authorised, without limiting subsection (2), (4), (6) or (7)—

(a)to obtain a restricted drug; or

(b)under the nurse practitioner DTP—

(i)to administer, supply or prescribe a restricted drug; or

(ii)to give a nurse or midwife an oral or written instruction to administer a restricted drug; or

(iii)to give an indigenous health worker an oral or written instruction to administer a restricted drug; or

(iv)to give a rural and isolated practice area endorsed nurse an oral or written instruction to administer or supply a restricted drug; or

(v)for subsection (3), to give a registered nurse an oral or written instruction to supply a restricted drug; or

(vi)to give a pharmacist an oral or written instruction to supply a restricted drug; or

(vii)to give an isolated practice area paramedic an oral or written instruction to administer or supply a restricted drug.

(9)In this section—

immunisation program nurse DTP means the drug therapy protocol called ‘Drug Therapy Protocol–Immunisation Program Nurse’.

27Amendment of s 200 (Authorised persons to obtain restricted drugs on purchase order)

(1)Section 200(3), ‘podiatrist, optometrist’—
omit, insert—

podiatrist, midwife, nurse practitioner, optometrist,

(2)Section 200(3)(a), after ‘doctor,’—
insert—

endorsed podiatrist, midwife, nurse practitioner,

(3)Section 200(3)(b)(i) to (iv)—
omit, insert—

(i)by an endorsed podiatrist—must have ‘Section 172B’ written on it; or

(ii)by a midwife—must have ‘Section 167’ written on it; or

(iii)by a nurse practitioner—must have ‘Section 175’ written on it; or

(iv)by an optometrist—must have ‘Section 170' written on it; or

(v)by a podiatrist—must have ‘Section 172’ written on it; or

(vi)by a surgical podiatrist—must have ‘Section 172A’ written on it.

28Amendment of s 207 (Records of restricted drugs supplied to be kept)

(1)Section 207(1), ‘section 175(2A)’—
omit, insert—

section 175(3)

(2)Section 207(1A)(a), before ‘endorsed’—
insert—

area

29Amendment of s 211 (Storage of restricted drugs generally)

Section 211(2) and (3), before ‘endorsed’—
insert—

area

30Amendment of s 235 (Wholesale and retail sales by manufacturers and wholesalers)

(1)Section 235(2)(b)(i), after ‘endorsed podiatrist’—
insert—

, nurse practitioner

(2)Section 235(2)(b)(iii), before ‘endorsed’—
insert—

area

31Amendment of s 243 (Endorsement needed for S2, S3 or S7 poison)

Section 243(4)—
omit, insert—

(4)A person must not give an oral or written instruction for an S2, S3 or S7 poison unless the person is, under this regulation, endorsed to give the instruction.

Maximum penalty—40 penalty units.

32Amendment of s 252B (Indigenous health workers)

Section 252B, ‘a drug therapy protocol’—
omit, insert—

the indigenous health worker isolated practice area DTP

33Amendment of s 256AA (Orthoptists)

Section 256AA, ‘a drug therapy protocol’—
omit, insert—

the orthoptist DTP

34Amendment of s 262 (Queensland Ambulance Service)

Section 262(2)(c), ‘a drug therapy protocol’—
omit, insert—

the isolated practice area paramedic DTP

35Amendment of s 263 (Registered nurses)

(1)Section 263(2), before ‘endorsed’—
insert—

area

(2)Section 263(3), before ‘doctor’—
insert—

dentist,

(3)Section 263(4), ‘a drug therapy protocol’—
omit, insert—

the sexual health program nurse DTP

(4)Section 263(5)—
omit, insert—

(5)To the extent necessary to practise nursing, a nurse practitioner is authorised to—

(a)supply an S2 or S3 poison; or

(b)under the nurse practitioner DTP—

(i)prescribe an S2 or S3 poison; or

(ii)give an indigenous health worker, midwife or nurse an oral or written instruction to administer an S2 or S3 poison; or

(iii)give a registered nurse practising nursing at a hospital in an isolated practice area an oral or written instruction to supply an S2 or S3 poison to a person being discharged from the hospital or an outpatient of the hospital; or

(iv)give a pharmacist an oral or written instruction to supply an S2 or S3 poison.

36Amendment of appendix 1 (Provisions not applying to morphine or opium in compounded preparations)

Appendix 1, entry for section 84(3) (Dealing with paper prescriptions and certain written instructions), ‘certain’—
omit, insert—

particular

37Amendment of appendix 3 (Who must sign certain purchase orders for controlled or restricted drugs)

Appendix 3, heading, ‘certain’—
omit, insert—

particular

38Amendment of appendix 9 (Dictionary)

(1)Appendix 9—
insert—

communicable diseases DTP means the drug therapy protocol called ‘Drug Therapy Protocol–Communicable Diseases Program’.

indigenous health worker isolated practice area DTP means the drug therapy protocol called ‘Drug Therapy Protocol–Indigenous Health Worker Isolated Practice Area’.

influenza epidemic proclamation means a proclamation under the Quarantine Act 1908 (Cwlth), section 2B declaring the existence in Queensland of an influenza epidemic or the danger of an influenza epidemic.

isolated practice area paramedic DTP means the drug therapy protocol called ‘Drug Therapy Protocol–Queensland Ambulance Service Isolated Practice Area Paramedic’.

midwives DTP means the drug therapy protocol called ‘Drug Therapy Protocol–Midwives’.

nurse practitioner DTP means the drug therapy protocol called ‘Drug Therapy Protocol–Nurse Practitioners’.

orthoptist DTP means the drug therapy protocol called ‘Drug Therapy Protocol–Orthoptist’.

pandemic influenza program DTP means the drug therapy protocol called ‘Drug Therapy Protocol–Pandemic Influenza Program’.

pharmacist opioid DTP means the drug therapy protocol called ‘Drug Therapy Protocol–Pharmacist Opioid Treatment Program’.

private hospital see the Private Health Facilities Act 1999, section 9.

rural and isolated practice area endorsed nurse DTP means the drug therapy protocol called ‘Drug Therapy Protocol–Rural and Isolated Practice Area Endorsed Nurse’.

sexual health program nurse DTP means the drug therapy protocol called ‘Drug Therapy Protocol–Sexual Health Program Nurse (including Reproductive Health)’.

(2)Appendix 9, definition dispensed medicine, paragraph (e), after ‘dispensing’—
insert—

or supply

(3)Appendix 9, definition drug therapy protocol—
insert—

Editor’s note—

Copies of the drug therapy protocols published by the department are available on the department’s website.

(4)Appendix 9, definition rural and isolated practice endorsed nurse, after ‘practice’—
insert—

area

39Regulation amended

This part amends the Hospital and Health Boards Regulation 2012.

40Amendment of s 35 (Disclosure of confidential information for purposes relating to health services)

Section 35(1)(b)—
omit, insert—

(b)Hardes & Associates Pty Ltd ACN 079 150 940 for reviewing patterns of health services delivery and projecting the future demand for, and supply of, health services;

41Regulation amended

This part amends the Private Health Facilities Regulation 2000 .

42Amendment of s 8 (Giving of information—Act, s 147(4))

Section 8(2)—
omit, insert—

(2)For section 147(4)(h)(ii) of the Act, Hardes & Associates Pty Ltd ACN 079 150 940 is a prescribed entity for evaluating, managing, monitoring or planning health services by reviewing patterns of health services delivery and projecting the future demand for, and supply of, health services.

43Regulation amended

This part amends the Radiation Safety Regulation 2010 .

44Amendment of sch 6 (Authorised persons)

Schedule 6, part 1, item 3, column 2, paragraphs (b) and (c)—
omit, insert—

(b)a nurse practitioner; or

(c)a registered nurse; or