Medicines (Designated Prescriber—Registered Nurses Practising in Diabetes Health) Regulations 2011

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

Medicines (Designated Prescriber—Registered Nurses Practising in Diabetes Health) Regulations 2011

(SR 2011/54)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 21st day of March 2011

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Health.


Pursuant to sections 105 and 105B of the Medicines Act 1981, His Excellency the Governor-General, acting on the advice of the Minister of Health tendered after consultation with the organisations or bodies appearing to the Minister to be representative of persons likely to be substantially affected, and acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Medicines (Designated Prescriber—Registered Nurses Practising in Diabetes Health) Regulations 2011.

2 Commencement
  • These regulations come into force on the day after the date of their notification in the Gazette.

3 Purpose
  • The purpose of these regulations is to—

    • (a) authorise registered nurses practising in diabetes health who meet specified requirements for competency, qualifications, and training to prescribe certain prescription medicines for the management of diabetes; and

    • (b) specify, and provide for the specification of, the requirements; and

    • (c) prohibit registered nurses practising in diabetes health who fail to comply with the requirements from prescribing the medicines; and

    • (d) make contraventions of that prohibition an offence.

4 Interpretation
  • In these regulations, unless the context otherwise requires,—

    Act means the Medicines Act 1981

    Nursing Council means the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003

    registered nurse practising in diabetes health means a health practitioner who—

    • (b) is authorised by the Nursing Council under sections 21 and 22 of the Health Practitioners Competence Assurance Act 2003 to prescribe specified diabetes medicines under these regulations

    specified diabetes medicine

    • (a) means a medicine listed in the Schedule and that is declared to be a prescription medicine by regulations under the Act or by a notice given under section 106 of the Act; but

    • (b) if the medicine is declared to be a prescription medicine only in 1 or more specified forms or only for 1 or more specified purposes, does not include the medicine in other forms or for other purposes.

5 Authority to prescribe specified diabetes medicine
  • (1) A registered nurse practising in diabetes health may prescribe a specified diabetes medicine if he or she meets—

    • (a) the requirements in regulation 6 for commencing for the first time to prescribe the medicine; and

    • (b) the additional requirements in regulations 7 and 8 (if relevant) for prescribing the medicine.

    (2) A registered nurse practising in diabetes health must prescribe specified diabetes medicines under these regulations under the supervision of an authorised prescriber (as that term is defined in section 2 of the Act).

    (3) Subclause (1) is subject to subclause (2).

6 Requirements for commencing for first time to prescribe
  • Before commencing for the first time to prescribe a specified diabetes medicine, a registered nurse practising in diabetes health must have—

    • (a) obtained the qualification required for nurses practising in diabetes health that is specified for the purposes of this paragraph by the Nursing Council by notice in the Gazette; and

    • (b) undertaken successfully the training (if any) that is specified for the purposes of this paragraph by the Nursing Council by notice in the Gazette; and

    • (c) demonstrated, to the satisfaction of the Nursing Council, that he or she—

      • (i) has a clear understanding of diabetes disease processes; and

      • (ii) is sufficiently knowledgeable to safely prescribe all specified diabetes medicines; and

    • (d) been authorised by the Nursing Council to prescribe specified diabetes medicines.

7 Other training to be undertaken
  • To prescribe a specified diabetes medicine, a registered nurse practising in diabetes health must have—

    • (a) undertaken successfully the training (if any) that is specified for the purposes of this regulation by the Nursing Council by notice in the Gazette; and

    • (b) done so within the periods, or at the times, specified for the purpose in the notice, if the training is of an ongoing nature.

8 Assessment of competence to be completed
  • To prescribe a specified diabetes medicine, a registered nurse practising in diabetes health must have—

    • (a) completed successfully the assessment (if any) of competence to prescribe the medicine that is specified for the purposes of this regulation by the Nursing Council by notice in the Gazette; and

    • (b) done so within the periods, or at the times, specified for the purpose in the notice, if the assessment is to be completed at regular intervals.

9 Gazette notices
  • (1) For the purposes of these regulations, a notice in the Gazette

    • (a) comes into force on the day after the date of publication or on a later date specified for the purpose in the notice; and

    • (b) may provide that it expires, if not sooner revoked, with the close of a specified day.

    (2) Within 5 working days after the date of publication of a notice in the Gazette for the purposes of these regulations, and while the notice remains in force, the Nursing Council must ensure that an up-to-date version of the notice is—

    • (a) available on the Internet; and

    • (b) available at the office of the Nursing Council during business hours, so that members of the public may—

      • (i) inspect the notice free of charge; or

      • (ii) obtain a photocopy of the notice for a reasonable fee.

10 Prohibition on prescribing without meeting requirements
  • (1) A registered nurse practising in diabetes health must not prescribe a specified diabetes medicine unless he or she—

    • (b) prescribes that medicine under and in accordance with another enactment.

    (2) A person commits an offence if he or she contravenes or fails to comply with subclause (1).

    (3) The offence is punishable on conviction by a fine not exceeding $500.

    Regulation 10(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

11 Consequential amendment

Schedule
Medicines that are specified diabetes medicines if they are prescription medicines

r 4

Medicines listed in this schedule are specified diabetes medicines only if, and only in the forms and for the purposes that, they are declared to be prescription medicines by regulations made under the Act or a notice given under section 106 of the Act.

  • 1 Amlodipine

  • 2 Atorvastatin

  • 3 Bendrofluazide

  • 4 Candesartan

  • 5 Captopril

  • 6 Cilazapril

  • 7 Cilazapril with hydrochlorothiazide

  • 8 Diltiazem hydrochloride

  • 9 Enalapril

  • 10 Enalapril with hydrochlorothiazide

  • 11 Felodipine

  • 12 Glibenclamide

  • 13 Gliclazide

  • 14 Glipizide

  • 15 Hydrochlorothiazide

  • 16 Insulin(s)

  • 17 Lisinopril

  • 18 Losartan

  • 19 Losartan with hydrochlorothiazide

  • 20 Metformin

  • 21 Perindopril

  • 22 Quinapril

  • 23 Quinapril with hydrochlorothiazide

  • 24 Simvastatin

  • 25 Trandolapril

  • 26 Verapamil hydrochloride

Rebecca Kitteridge,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 24 March 2011.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Medicines (Designated Prescriber—Registered Nurses Practising in Diabetes Health) Regulations 2011. The reprint incorporates all the amendments to the regulations as at 1 July 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)