Today’s correspondent is

… a small sole trader business in NSW that provides event medics and Paramedics and a recent discussion was held about changes to who can carry and administer methoxyflurane for the purposes of management pain in patients we are paid to be there for.

I was researching today and found the link for the Authority for First Aiders in an article you had online. All of my staff hold diplomas in paramedicine or emergency health care, current first aid certificates and provide pain management certificates. 

Do you know if this is sufficient under the definitions on the Authority for First Aiders? Or from a legal perspective is there more we need to have?

With respect to methoxyflurane, appendix C to the Poisons and Therapeutic Goods Regulations 2008 (NSW) cl 9 says:

General First Aid

A person who holds a current occupational first-aid certificate approved by the WorkCover Authority in accordance with the regulations under the Occupational Health and Safety Act 2000 is authorised to possess and use methoxyflurane and nitrous oxide if required in connection with the carrying out of first aid.

(Methoxyflurane may also be carried by ‘A person who is trained and authorised to administer first aid at a mine (within the meaning of the Work Health and Safety (Mines) Act 2013 )…’ (Appendix C, cl 11) and by ‘A ski patroller who holds a valid first aid certificate issued by the Australian Ski Patrol Association for use in ski patrol duties …’ (Appendix C, cl 14) but I don’t think those clauses are relevant in the context of the question). 

The problem is that not only does the WorkCover Authority no longer approve first aid certificates, it no longer exists having been replaced by SafeWork NSW.  Further the Occupational Health and Safety Act 2000 is no longer in force having been replaced by the Work Health and Safety Act 2011 (NSW). To get around that, NSW Health has issued exemptions to allow people to carry methoxyflurane.  On 21 December 2022, Aleksandar Gavrilovic, then acting Deputy Chief Pharmacist for NSW Health issued an authority for first aiders to carry methoxyflurane and nitrous oxide.  For the purpose of that authority a ‘first aider’ is ‘a person who has a current certificate granted by a Registered Training Organisation for the provision of first aid’ (cl 3).  To carry methoxyflurane the first aider must (cl 4(a)(i)):

Have completed training and have a current certificate granted by, a Registered Training Organisation in the use and administration (including accessing, preparing and administering) of methoxyflurane.

It is up to my correspondent to determine if the qualifications their staff hold match that description. A diploma in paramedicine is an old qualification as one would now need to do a degree in paramedicine, but it was a qualification. The questions with respect to that, and to any qualification are:

  1. Does the person hold a current first aid certificate issued by an RTO?
  2. Do they have a certificate that covers ‘the use and administration (including accessing, preparing and administering) of methoxyflurane’ (such as, for example PUAEME008 Provide Pain Management)?
  3. Was that certificate issued by an RTO?
  4. Is it still current?

If the answer to each of those questions is ‘yes’ then they are authorised to supply methoxyflurane ‘if required for the purpose of carrying out first aid on a patient’ (cl 4(b)).   If the answer to any of those four questions is ‘no’ then they are not.  The irony is that many paramedics will have a degree from a university (not an RTO) so regardless of their training or experience would not be able to answer ‘yes’ to those questions.

For authorities with respect to adrenaline for the treatment of anaphylaxis and salbutamol or terbutaline for the emergency treatment of asthma see: 

respectively.

This blog is a general discussion of legal principles only.  It is not legal advice. Do not rely on the information here to make decisions regarding your legal position or to make decisions that affect your legal rights or responsibilities. For advice on your particular circumstances always consult an admitted legal practitioner in your state or territory.