Australian Capital Territory
Medicines, Poisons and Therapeutic Goods Amendment Regulation 2010 (No 5)
Subordinate Law SL2010-45

The Australian Capital Territory Executive makes the following regulation under the Medicines, Poisons and Therapeutic Goods Act 2008.
Dated 8 November 2010.
Katy Gallagher
Minister
Simon Corbell
Minister

Australian Capital Territory
Medicines, Poisons and Therapeutic Goods Amendment Regulation 2010 (No 5)
Subordinate Law SL2010-45
made under the
Medicines, Poisons and Therapeutic Goods Act 2008

    

1	Name of regulation
This regulation is the Medicines, Poisons and Therapeutic Goods Amendment Regulation 2010 (No 5).
2	Commencement
This regulation commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This regulation amends the Medicines, Poisons and Therapeutic Goods Regulation 2008.
4	Section 30 (1) (c) (i)
substitute
	(i)	the person is not a trainee dentist, trainee nurse practitioner, intern doctor or person training to be an eligible midwife; or
5	New section 41 (1) (ia)
insert
	(ia)	if the prescriber is an eligible midwife—the words ‘for midwifery use only’;
6	New section 123 (ba)
insert
	(ba)	if the prescriber is an eligible midwife—the words ‘for midwifery use only’;
7	New section 161 (ia)
insert
	(ia)	if the prescriber is an eligible midwife—the words ‘for midwifery use only’;
8	Section 360 (2) (a) (i)
substitute
	(i)	a trainee dentist, trainee nurse practitioner, intern doctor or person training to be an eligible midwife; or
9	Section 510 (a), except notes
substitute
	(a)	a dentist, doctor, eligible midwife, nurse practitioner, optometrist, podiatrist or veterinary surgeon;
10	New section 861 (4)
insert
	(4)	In this section:
public employee includes a police officer.
11	Schedule 1, part 1.5, new item 2
insert
2	eligible midwife	to the extent necessary to practise midwifery and, if employed, within the scope of employment, do any of the following: 
	(a)	issue requisitions for medicines; 
	(b)	obtain medicines; 
	(c)	possess medicines; 
	(d)	if the midwife is an authorised midwife—prescribe medicines listed on the pharmaceutical benefits scheme for prescribing by an authorised midwife (see National Health Act 1953 (Cwlth), s 93AA);
	(e)	supply medicines to which par (d) applies to patients during consultations if labelled in accordance with s 161; 
	(f)	administer medicines to which par (d) applies in accordance with prescription issued by themself; 
	(g)	administer medicines in accordance with prescription issued by another prescriber, or standing order; 
	(h)	supply medicines in accordance with a standing order issued by chief health officer or a requisition; 
	(i)	supply medicines dispensed for patient to another health professional on patient’s transfer within institution; 
	(j)	supply medicines dispensed for patient to patient on patient’s discharge from institution. 	
12	Schedule 3, part 3.2, item 4
substitute
4	specialist physician	ambrisentan for human use
acitretin for human use 
etretinate for human use 
bexarotene for human use
bosentan for human use
isotretinoin for human oral use 
lenalidomide for human use
sitaxentan for human use
teriparatide for human use
thalidomide for human use 
tretinoin for human oral use 	conditions 1 and 3
conditions 1 and 4
conditions 1 and 4
conditions 1 and 2
conditions 1 and 3
conditions 1 and 2
conditions 1 and 2 
conditions 1 and 3

conditions 1 and 2
conditions 1 and 2	
13	Dictionary, new definitions
insert
authorised midwife—see the National Health Act 1953 (Cwlth), section 84 (1), definition of authorised midwife.
eligible midwife—see the National Health Act 1953 (Cwlth), section 84AAE.
pharmaceutical benefits scheme means the scheme for the supply of pharmaceutical benefits established under the National Health Act 1953 (Cwlth), part 7.

Endnotes
1	Notification
	Notified under the Legislation Act on 22 November 2010.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2010