Poisons Regulation and Nursing and Midwifery Practice: Overview

Adam La Caze

Semester 2, 2019

Background

Why regulate?

The provision of healthcare is tightly regulated. You (probably) want it that way—certainly society wants it that way. The principle purpose of regulation (healthcare or otherwise) is to keep the public safe.

Nursing and Midwifery Practice and regulation

Being a health professional well means practicing in accordance with the law.

Practising outside of the law puts the public at risk.

If that is not a good enough reason; practising outside the law puts you at risk.

Risk of civil litigation

Risk of professional censure: unprofessional conduct/professional misconduct (perhaps leading to removal of registration).

Risk of prosecution in the courts for breaches of the HDPR

Law and medicines

Quite a lot of legislation is relevant to nursing and midwifery practice.

Download and save a copy of each of these pieces of legislation (you will be working closely with them). These documents are also available via Blackboard.

New regulations are coming!

The Medicines and Poisons Bill 2019 provides a framework for replacing the Health (Drugs and Poisons) Regulation 1996 and updating the approach to regulation.

The new regulations will be the Medicines and Poisons Regulation (Medicines Regulation). As at August 2019, this regulation is yet to be in force and the time frame for its implementation is unclear.

While there will be changes, there will still be much that is similar to the HDPR. See here for discussion of the new regulation.

Aim

Objectives (Overall)

  1. Understand the purpose and contents of the HDPR in the context of nursing and midwifery practice
  2. Be able to navigate the HDPR
  3. Be able to determine how a medicine needs to be prescribed, dispensed and administered to be in accordance with the law.

This section of the module…

We’ll focus on the first objective

Understand the purpose and contents of the HDPR in the context of nursing and midwifery practice

We will start with the broader context.

Key concepts

These are the key concepts you should take away from this section of the module:

  1. The HDPR provides the regulations for prescribing, dispensing and other forms of medication supply in Queensland.
  2. The SUSMP provides the scheduling for all medicines available in Australia. Key schedules for health professionals: S2, S3, S4 and S8. The higher the schedule the tighter the HDPR regulations for prescribing, dispensing and administering the medicine.
  3. There is additional guidance for practice, including: professional standards and key medicine resources

HDPR in context

A process for administering medicines

The HDPR provides (among other things) the regulations for prescribing, dispensing and administering medicines in Queensland.

Here’s a schematic of some of the things that are important before a medicines is administered to supplied to a patient:

  1. What schedule is the medicine?
  2. Is the prescription legal?
  3. Is the prescription therapeutically appropriate?
  4. Has the right drug, dose, dose form been dispensed?
  5. Is the label on the medicine correct and meet the legal requirements?
  6. It is safe and legal to administer the drug to the person under your care?

Step 1: Scheduling (SUSMP)

Key Schedules

Different terminology used for drug schedules. The SUSMP has schedule 1–9. S2–4 and S8 are the schedules that you most frequently come across in pharmacy.
SUSMP HDPR Alternatives Examples
S2,S3 Poisons Over-the-counter drugs Paracetamol
S4 Restricted drug Prescription drug Antibiotics
S8 Controlled drug Dangerous drug Opioids

Steps 2, 5 and 6: HDPR

The HDPR provides the regulations for judging whether the prescription is legal and has been dispensed appropriately. It also legislates which professions are permitted to prescribe, dispense and administer medicines. This is referred to in the HDPR as an endorsement.

We will work through the key sections of the HDPR shortly.

First we discuss some of the additional guidance available for (and influences on) practice: key reference texts, professional standards and the Pharmaceutical Benefit Scheme.

It is important to keep in mind that the HDPR is state-based; it provides the regulations for Queensland. There are different regulations for the other states and territories of Australia.

Steps 3 and 6: Key medicine references

Judging whether a prescription is therapeutically appropriate for an individual can be the most difficult (and important) step. Responsibilities for assessing therapeutic appropriateness differs among the healthcare team and the roles that different professions are playing. Prescribers (medical and non-medical prescribers such as nurse practitioners), dispensers (usually pharmacists) and those administering the medicine (often nurses and midwives) each have a role to play in ensuring quality use of medicines.

A number of medicines-specific resources can help inform this judgement:

  1. Australian Medicines Handbook
  2. MIMS Online
  3. Therapeutic Guidelines

Professional Standards

“Professional standards” are standards of practice that have been developed by your profession. The standards provide guidance for most aspects of professional practice.

Examples can be found on the Nursing and Midwifery Board of Australia website:

What professional standards do

Professional standards describe how nurses and midwives should practice.

The competency standards describe the knowledge and skills required to practice nursing and midwifery

The professional practice standards describe how nurses and midwives should provide good care; e.g. the systems and procedures they should put in place to ensure safe and effective care, including safe and effective use of medicines.

A model for professional decisions

A model for professional decisions

Pharmaceutical Benefits Scheme

The Pharmaceutical Benefits Scheme is the mechanism by which the Australian Government subsidises the costs of necessary medicines for the Australian public.

Many of the drugs dispensed in community pharmacies are subsidised through the Pharmaceutical Benefits Scheme (otherwise known as the “PBS”).

The PBS places requirements on prescriptions—if the prescription does not meet these requirements the prescription can’t be subsidised under the PBS.

State governments are responsible for the medicines supplied in hospital, the federal government through the PBS is responsible for medicines supplied privately (or on discharge from hospital).

Summary

This section of the module has introduced the Health (Drugs and Poisons) Regulation and Schedule for the Uniform Scheduling of Medicines and Poisons (SUSMP) and put these into a broader context of professional standards for practice.

Do the quiz! Then start the next section of the module.