❓ WA Parliamentary Question on Notice regarding the regulation of botox and dermal fillers administered in beauty clinics, focusing on prescribing practices, adverse event reporting, and clinic oversight.
AnsweredQoN 4724Legislative Assembly
QuestionView source ↗
I refer to the growing number of beauty clinics providing botox and other schedule four drugs (predominantly dermal fillers and muscle relaxants), and ask: (a) can a prescribing Doctor or Nurse Practitioner legally prescribe without physically seeing the patient (eg. is Skype considered a legal consultation); (b) can a prescribing Doctor or Nurse Practitioner be physically located interstate during the consultation; (c) has any action been taken about clinics administering botox and dermal fillers for failing to provide details of prescribing Nurse Practitioners or Doctors; (d) Is there a legal requirement to notify the Department of Health of any severe side-effect cases, and if so, how many cases have been reported in WA; (e) does the Department of Health conduct physical inspections of premises to ensure sterile equipment, etc., and if so, how frequently; (f) how many poisons licenses for botox are issued in WA annually; (g) how many licenses (if any) have been revoked in WA; and (h) how many clinics (if any), have been referred to Pharmaceutical Services Brand or the Department of Health for further investigation?
AnswerView source ↗
Answered
16 February 2016
Responded by
Minister for Health
Response time
84 days
(a) Yes. The Poisons Act 1964 and the Poisons Regulations 1965 have no stated requirements regarding minimum standards for medical consultations or physically seeing a patient before prescribing.
(b) Yes. Any medical practitioner registered under the Health Practitioner Regulation National Law (WA) Act 2010 anywhere in Australia is authorised to prescribe Schedule 4 medicines under the Western Australian Poisons Act 1964 .
A nurse practitioner may only prescribe Schedule 4 medicines in Western Australia when practising in an area designated by the Chief Executive Officer of the Department of Health and according to approved clinical protocols. Western Australian legislation does not authorise designation of areas in other Australian jurisdictions.
(c) No. Action has not been taken against a clinic as there is no requirement for any person to notify the Department of Health when a medical practitioner or nurse practitioner prescribe or administer a Schedule 4 prescription medicine.
(d) No. There is no legal requirement for a medical practitioner or nurse practitioner to notify the Department of Health of adverse reactions to a prescription medicine. The Therapeutic Goods Administration operates the voluntary Australian Adverse Drug Reaction Reporting System, where health practitioners can submit adverse reaction information. Further information is at:
https://www.ebs.tga.gov.au/ebs/ADRS/ADRSRepo.nsf?OpenDatabase
(e) Yes. Prior to issuing a permit, the Department of Health conducts physical inspections of premises for compliance with the Poisons Act 1964 . Infection control is a professional matter for the attention of individual health practitioners.
(f) The Department of Health currently has, on record, ten valid poisons permits issued specifically for botulinum toxin.
(g) Nil.
(h) Sixteen clinics have been referred to the Department of Health for further investigation since 2011.
(b) Yes. Any medical practitioner registered under the Health Practitioner Regulation National Law (WA) Act 2010 anywhere in Australia is authorised to prescribe Schedule 4 medicines under the Western Australian Poisons Act 1964 .
A nurse practitioner may only prescribe Schedule 4 medicines in Western Australia when practising in an area designated by the Chief Executive Officer of the Department of Health and according to approved clinical protocols. Western Australian legislation does not authorise designation of areas in other Australian jurisdictions.
(c) No. Action has not been taken against a clinic as there is no requirement for any person to notify the Department of Health when a medical practitioner or nurse practitioner prescribe or administer a Schedule 4 prescription medicine.
(d) No. There is no legal requirement for a medical practitioner or nurse practitioner to notify the Department of Health of adverse reactions to a prescription medicine. The Therapeutic Goods Administration operates the voluntary Australian Adverse Drug Reaction Reporting System, where health practitioners can submit adverse reaction information. Further information is at:
https://www.ebs.tga.gov.au/ebs/ADRS/ADRSRepo.nsf?OpenDatabase
(e) Yes. Prior to issuing a permit, the Department of Health conducts physical inspections of premises for compliance with the Poisons Act 1964 . Infection control is a professional matter for the attention of individual health practitioners.
(f) The Department of Health currently has, on record, ten valid poisons permits issued specifically for botulinum toxin.
(g) Nil.
(h) Sixteen clinics have been referred to the Department of Health for further investigation since 2011.
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