Email
Overview of legislative changes for management of the administration of medicines in residential aged care
Previously
In May 2006 provisions were introduced to the Drugs Poisons and Controlled Substances Act 1981 requiring approved providers of residential aged care to ensure that administration of medicines to all high care residents is managed by a Registered nurse, division 1.
The legislation required nurses to have regard to guidelines (a 'code') issued by the Nurses Board of Victoria (NBV) when managing the administration of medicines.Issues
The introduction of the national registration and accreditation scheme on 1 July 2010, including new national boards, required consequent amendment to Victorian legislation. The new legislative provisions have effect from 1 July 2010.The new legislative provisions have effect from 1 July 2010.
An important amendment was to Section 36F of the Drugs Poisons and Controlled Substances Act 1981. This has been changed to read:
A registered nurse who manages the administration of any drug of dependence, Schedule 9 poison, Schedule 8 poison or Schedule 4 poison to a resident in an aged care service in accordance with this Division must do so in accordance with the relevant code or guideline (if any) issued by the Nursing and Midwifery Board of Australia under the Health Practitioner Regulation National Law.
The national board has not yet indicated whether it intends to develop any guidance material in this area. Following a review by the NBV, the Code issued by the NBV was repealed with effect from 31 May 2010.
Currently
The provisions of the Drugs Poisons and Controlled Substances Act continue the key role and responsibility of registered nurses in making supervision and delegation decisions in the administration of medicines and require that aged care providers ensure this occurs.
Similarly, staff delegated responsibility to administer medicines (including enrolled nurses and personal care workers/assistants) will continue to be responsible to the managing RN, who remains responsible for ensuring the staff are appropriately trained and competent to undertake the delegated duties.
To assist residential aged care providers and nurses managing the administration of medicines in those settings, the Department of Health has published two updated guidance notes on this website:- Managing drugs in residential aged care services
- Key requirements for nurses in residential aged care services
The guidance notes are aimed to give confidence to providers and to nurses, that if the general professional practice principles set out in the guidelines are followed, they will be acting within the law.
It is also noted that additional governance mechanisms continue to exist in the management of medicines administration within residential aged care service provision. Such governance includes the Aged Care Act 1997, Australian Pharmaceutical Advisory Council Guidelines for Medication Management in Residential Aged Care Services and organisational policies and procedures. Clinical risk management principles are recommended as the basis for the development and review of medicines administration policies within organisations.
