Transcript Legal issues and medication in Mental Health Nursing

Legal issues and medication in
mental health nursing
• (Victorian) Drugs Poisons and Controlled
Substances Regulations 2006
aims to maximise the benefits and minimise
misuse and abuse of licit drugs and
poisons
Poisons Control Plans and Health
Services Permit
• PCP = contains details of how each health
provider intends to comply with the DPCS
regulation. Is developed by health service
provider and reviewed by DoH
• HSP = legal mechanism by which health
services obtain permission to possess
drugs
Poisons Schedules
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Schedule 1 Traditional Chinese herbs
Schedule 2 Pharmacy Medicines
Schedule 3 Pharmacist only medicines
Schedule 4 Prescription only medicines
Schedule 5 Household Poisons
Schedule 6 Agricultural, veterinary & industrial poisons
Schedule 7 Dangerous poison
Schedule 8 Controlled Drug
Schedule 9 Prohibited Substances
Schedule 11 Drugs of Dependence (Victoria only)
Who is a nurse?
• Registered nurse means a person
registered under the Health Practitioner
Regulation National Law 2009:
a) to practise in the nursing and midwifery
profession as a nurse; and
b) in the registered nurses division of that
profession
Definitions
• Supply medicines
• Possess medicines
• Administer medicines
Possessing and administration of a
medicine
A nurse is authorised to possess and administer
S 4 and S 8 poisons necessary for a patient
under the care of that nurse, in accordance
with:
a) The instructions and authorisation of a medical
practitioner, dentist or nurse practitioner for
that patient
b) The conditions of a Health Services Permit
issued by the DoH
c) The approval of the Secretary of DoH in
specified circumstances
Administration cont’d
• A medical practitioner, NP, dentist or authorised
optometrist who orders the administration of an
S4, S8 or S9 poison to a person must provide
that instruction in writing in a legible and
durable form and must date and confirm that
order with his or her signature
• S4 poisons must not be administered if the
instructions were given more than 12/12 ago
• S8 and S9 poisons must not be given if the
instructions were given more than 6/12 ago
Administration cont’d
A nurse must not administer an S4, S8 or S9 poison to a
person other than
a) In accordance with the directions for use on a
container supplied by a medical practitioner, NP,
pharmacist, dentist or authorised optometrist (this
applies in circumstances where the prescriber’s written
or oral instructions are not available but where the
patients lawfully supplied medications are available to
be administered)
b) On the written instruction of a medical practitioner, NP,
dentist or authorised optometrist
Administration cont’d
c) On the oral instruction of a medical practitioner,
NP or dentist to the nurse, if in the opinion of the
medical practitioner or dentist an emergency
exists (the prescriber must confirm the oral
instructions in writing asap)
d) On the written transcription of the oral
instructions referred to in paragraph (c) by
another nurse who received those instructions
e) In accordance with conditions on an HSP or an
approval of the Secretary of DoH (relates to
special circumstances/situations)
Whose drugs are they?
• Medication that are supplied on
prescriptions for a specific patient belong
to that patient; it is an offence to
administer them to any other person!
• Ward stock in a hospital belongs to the
hospital and may be administered to any
person for whom its administration has
been ordered.
References
• www.legislation.vic.gov.au
• www.health.vic.gov.au/dpu
• Drugs Poisons and Controlled Substances
Regulations 2006
• Health Practitioner Regulation National
Law Act 2009 on
http://www.ahpra.gov.au/en/Legislationand-Publications/Legislation.aspx