Health (Drugs and Poisons) (Cannabis and Other Matters) Amendment Regulation 2018

1Short title

This regulation may be cited as the Health (Drugs and Poisons) (Cannabis and Other Matters) Amendment Regulation 2018.

2Regulation amended

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

3Amendment of s 48 (General conditions that apply to controlled drug wholesaler licence)

Section 48(2), from ‘Australian’ to ‘Use’—
omit, insert—

wholesaling practice code

4Amendment of s 78 (Specified condition drugs—amphetamine, dexamphetamine, lisdexamfetamine, methylamphetamine, methylphenidate)

(1)Section 78(1)(c) to (e)—
omit.

(2)Section 78(1)(ba)—
renumber as section 78(1)(c).

5Replacement of s 78A (Approved drug–nabiximols)

Section 78A—
omit, insert—

78AApproved drug–nabiximols

(1)Subject to section 74(3), a person must not dispense, prescribe, supply or use nabiximols unless—

(a)the person is a compliant doctor and dispenses, prescribes, supplies or uses the drug under an approval; or

(b)the person—

(i)is a compliant specialist medical practitioner in the specialty of rehabilitation medicine; and

(ii)dispenses, prescribes, supplies or uses the drug to treat a patient with multiple sclerosis experiencing spasticity; or

(c)the person—

(i)is a prescribed specialist medical practitioner; and

(ii)dispenses, prescribes, supplies or uses the drug to treat a prescribed patient.

Maximum penalty—80 penalty units.

(2)In this section, a reference to a specialist medical practitioner, in a particular specialty, includes a registrar—

(a)in the speciality; and

(b)working under the direction of a specialist medical practitioner in the specialty.

(3)In this section—

compliant, in relation to a doctor, means—

(a)the doctor’s endorsement, under section 58, has not been suspended or cancelled; and

(b)

the doctor maintains a current registration (the registration), as a medical practitioner, under the Health Practitioner Regulation National Law; and

(c)the registration is not subject to a condition or undertaking prohibiting the doctor from performing an act that—

(i)is mentioned in subsection (1); or

(ii)otherwise involves a controlled drug.

prescribed patient means—

(a)a person experiencing chemotherapy-induced nausea or vomiting; or

(b)a terminally ill person being treated by a compliant palliative medicine specialist for symptoms associated with terminal illness; or

(c)a child with intractable (drug resistant) epilepsy; or

(d)a person with multiple sclerosis experiencing spasticity.

prescribed specialist medical practitioner means a compliant specialist medical practitioner in one or more of the following specialties—

(a)general paediatrics;

(b)gynaecological oncology;

(c)haematology;

(d)medical oncology;

(e)neurology;

(f)paediatric medical oncology;

(g)paediatric neurology;

(h)paediatric palliative medicine;

(i)palliative medicine;

(j)radiation oncology.

terminally ill person means a person who—

(a)has a terminal illness; and

(b)is, in the opinion of a compliant palliative medicine specialist treating the person, reasonably expected to die within 1 year as a result of the terminal illness.

78BExemptions for some acts involving regulated controlled drugs

(1)This part does not prevent—

(a)a person dispensing a regulated controlled drug on a lawful prescription written by someone who may prescribe the drug; or

(b)a controlled drug manufacturer or wholesaler selling a regulated controlled drug; or

(c)a person under medical treatment who is lawfully supplied with a regulated controlled drug using the drug in the way directed.

(2)Also, this part does not prevent either of the following from being carried out under the supervision of an authorised doctor—

(a)a doctor or nurse practitioner administering, or giving an oral or written instruction to administer, a regulated controlled drug to a person who is an inpatient in a hospital (the inpatient);

(b)a registered nurse administering a regulated controlled drug to an inpatient in a hospital (also the inpatient) under—

(i)an oral or written instruction given by the authorised doctor; or

(ii)an oral or written instruction mentioned in paragraph (a).

(3)Subsection (2) applies only if the inpatient was receiving treatment with the regulated controlled drug immediately before becoming an inpatient in the hospital.

(4)In this section—

authorised doctor means a doctor authorised to dispense, obtain, prescribe, supply or use a regulated controlled drug under this part.

6Amendment of s 142 (General conditions that apply to restricted drug wholesaler licence)

Section 142(3), from ‘Australian’ to ‘Use’—
omit, insert—

wholesaling practice code

7Amendment of s 277 (Sale of S3 poisons)

Section 277(7)—
omit, insert—

(7)Subsections (1)(b) and (2) to (6) do not apply to the sale of—

(a)S3 salbutamol or S3 terbutaline to—

(i)a person mentioned in section 256B for use for first aid; or

(ii)another person who is a relevant person for use for first aid; or

(b)prescribed adrenalin to a relevant person for use for first aid; or

(c)an S3 poison to a ship’s master for use for first aid on the ship.

(8)In this section—

educational institution means—

(a)a State educational institution within the meaning of the Education (General Provisions) Act 2006, schedule 4; or

(b)an accredited school under the Education (Accreditation of Non-State Schools) Act 2017.

nominated supervisor, for an education and care service, see the Education and Care Services National Law (Queensland), section 5(1).

prescribed adrenalin means adrenalin of a strength of not more than 0.1%, if administered by a pre-loaded device for the management of anaphylaxis.

Example—

an EpiPen

relevant person means—

(a)a person who may administer an S3 poison under an approval; or

(b)a Queensland approved provider of a QEC approved service; or

(c)a supervisor for a QEC approved service; or

(d)an approved provider of an education and care service; or

(e)a nominated supervisor for an education and care service; or

(f)a principal of an educational institution; or

(g)a person nominated by a principal of an educational institution.

supervisor, for a QEC approved service, means a person appointed as supervisor for the service under the Education and Care Services Act 2013, section 113(3).

8Amendment of appendix 5 (Areas of local governments forming isolated practice areas)

(1)Appendix 5, after ‘Doomadgee,’—
insert—

Douglas,

(2)Appendix 5, after ‘Maranoa,’—
insert—

Mareeba,

(3)Appendix 5, after ‘Torres,’—
insert—

Torres Strait Island,

9Amendment of appendix 9 (Dictionary)

(1)Appendix 9, definitions influenza epidemic proclamation and specialist health practitioner—
omit.

(2)Appendix 9—
insert—

influenza emergency declaration means a human biosecurity emergency declaration, within the meaning of the Biosecurity Act 2015 (Cwlth), section 9, made wholly or partly for the purpose of preventing or controlling—

(a)the entry of human influenza into the State; or

(b)the emergence, establishment or spread of human influenza in the State.

specialist medical practitioner, in a specialty, means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the specialty.

wholesaling practice code means the Australian Code of Good Wholesaling Practice for Medicines in Schedules 2, 3, 4 and 8.

(3)Appendix 9, definition approved clinical trial, from ‘, or another’ to ‘humans,’—
omit.

(4)Appendix 9, definition isolated practice area, paragraph (aa), ‘Marpuna’—
omit, insert—

Mapoon

(5)Appendix 9, definition isolated practice area (paramedics), paragraph (a), ‘Marpuna’—
omit, insert—

Mapoon

(6)Appendix 9, definition podiatry guideline, ‘, dated 15 March 2011 and’—
omit.

10Amendment of other sections

Schedule 1 amends the sections it mentions.

section 10

1Amendment for references to ‘influenza epidemic proclamation’

Each of the following provisions is amended by omitting ‘influenza epidemic proclamation’ and inserting ‘influenza emergency declaration’—

•section 164A(d)

•section 171(4)

•section 174(5)

•section 175(7)

2Amendment for references to ‘specialist health practitioner’

Each of the following provisions is amended by omitting ‘specialist health practitioner’ and inserting ‘specialist medical practitioner’—

•section 185(b) and (c)

•section 186(1)(b) and (c)(i) and (2)(b)

•section 186A(b) and (c)

•section 186B(1)(b) and (c)(i)

•section 187(1)(b) and (c)(i)

•section 188(b) and (c)

•section 188A(b) and (c)

•section 188B(b), (c)(i) and (d)