132Administration of certain substances by foster-parents

132 Administration of certain substances by foster-parents

A person may administer, or make available for self-administration, to a child in his or her care a medicinal poison, potent substance, restricted substance or narcotic substance if –

(a) the person administering or making available the poison or substance –

(i) is a foster-parent; and

(ii) is acting in accordance with guidelines approved by the Secretary; and

(b) the child to whom the poison or substance is administered or made available –

(i) is under the guardianship or in the custody of the Secretary of the department responsible for the administration of the Children, Young Persons and Their Families Act 1997; and

(ii) is incapable of safely administering the poison or substance to himself or herself or needs assistance with self-administration; and

(c) in the case of a medicinal poison, the poison has been lawfully supplied and the administration is in accordance with the manufacturer's instructions; and

(d) [Regulation 132 Amended by No. 23 of 2022, s. 79, Applied:24 Oct 2022] in the case of a potent substance, the substance has been lawfully supplied and the administration is in accordance with the instructions of a medical practitioner, dentist, pharmacist, authorised nurse practitioner or authorised health professional; and

(e) in the case of a restricted substance, the substance has been lawfully prescribed and supplied for the child to whom it is being administered or made available and the administration is in accordance with the directions of a medical practitioner, dentist, authorised health professional or authorised nurse practitioner; and

(f) in the case of a narcotic substance, the substance has been lawfully prescribed and supplied for the child to whom it is being administered or made available and the administration is in accordance with the directions of a medical practitioner, dentist, authorised health professional or authorised nurse practitioner; and

(g) in the case of a narcotic substance, the storage and recording of the substance is in accordance with the guidelines referred to in .