2009 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Health) Health Practitioner Regulation National Law (ACT) Bill 2009 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Dictionary 3 4 Terms used in Health Practitioner Regulation National Law (ACT) 3 5 Notes 3 Part 2 Adoption of Health Practitioner Regulation National Law 6 Application of Health Practitioner Regulation National Law 4 J2008-825 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 7 Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction 4 8 Responsible tribunal for Health Practitioner Regulation National Law (ACT) 4 9 Exclusion of territory laws 5 10 Regulation-making power 5 Part 3 Local provisions Division 3.1 Amendment of legislation 11 Legislation amended--sch 2 6 Division 3.2 Transitional provisions 12 Transitional regulations 6 13 Annual reports for old boards 6 14 Expiry--pt 3 7 Schedule 1 Modifications--Health Practitioner Regulation National Law 8 Schedule 2 Consequential amendments 17 Part 2.1 Administrative Decisions (Judicial Review) Act 1989 17 Part 2.2 Children and Young People Act 2008 17 Part 2.3 Civil Law (Wrongs) Act 2002 23 Part 2.4 Corrections Management Act 2007 23 Part 2.5 Crimes Act 1900 25 Part 2.6 Crimes (Forensic Procedures) Act 2000 26 Part 2.7 Health Act 1993 27 Part 2.8 Health Professionals Act 2004 32 Part 2.9 Health Professionals Regulation 2004 34 contents 2 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 2.10 Health Professionals (Special Events Exemptions) Act 2000 44 Part 2.11 Health Records (Privacy and Access) Act 1997 44 Part 2.12 Human Rights Commission Act 2005 45 Part 2.13 Legislation Act 2001 48 Part 2.14 Medicines, Poisons and Therapeutic Goods Act 2008 52 Part 2.15 Medicines, Poisons and Therapeutic Goods Regulation 2008 53 Part 2.16 Mental Health (Treatment and Care) Act 1994 61 Part 2.17 Public Health Act 1997 62 Part 2.18 Radiation Protection Act 2006 62 Part 2.19 Transplantation and Anatomy Act 1978 63 Part 2.20 Victims of Crime (Financial Assistance) Act 1983 65 Part 2.21 Victims of Crime Regulation 2000 65 Part 2.22 Workers Compensation Act 1951 67 Part 2.23 Workers Compensation Regulation 2002 68 Dictionary 69 Health Practitioner Regulation National Law (ACT) Bill contents 3 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Health) Health Practitioner Regulation National Law (ACT) Bill 2009 A Bill for An Act about health practitioner regulation, and for other purposes The Legislative Assembly for the Australian Capital Territory enacts as follows: J2008-825 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 1 1 Part 1 Preliminary 2 1 Name of Act 3 This Act is the Health Practitioner Regulation National Law (ACT) 4 Act 2009. 5 2 Commencement 6 (1) This Act commences on-- 7 (a) 1 July 2010; or 8 (b) if, before 1 July 2010, the Minister fixes another day (not later 9 than 1 July 2011) by written notice--the day fixed. 10 Note 1 The naming and commencement provisions automatically commence on 11 the notification day (see Legislation Act, s 75 (1)). 12 Note 2 A single day or time may be fixed, or different days or times may be 13 fixed, for the commencement of different provisions (see Legislation 14 Act, s 77 (1)). 15 (2) However, a date or time provided by a special commencement 16 provision for an amendment made by this Act has effect as the 17 commencement date or time of the amendment. 18 (3) In this section: 19 special commencement provision, for an amendment made by this 20 Act, is a provision, in brackets beginning with the text 21 `commencement:', at the end of the amendment. 22 Example 23 An amendment followed by `(commencement: 1 July 2012)' means that the 24 amendment commences on 1 July 2012. 25 Note An example is part of the Act, is not exhaustive and may extend, but 26 does not limit, the meaning of the provision in which it appears (see 27 Legislation Act, s 126 and s 132). page 2 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 3 1 (4) The Legislation Act, section 79 (Automatic commencement of 2 postponed law) does not apply to this Act. 3 3 Dictionary 4 The dictionary at the end of this Act is part of this Act. 5 Note 1 The dictionary at the end of this Act defines certain terms used in this 6 Act. 7 Note 2 A definition in the dictionary applies to the entire Act unless the 8 definition, or another provision of the Act, provides otherwise or the 9 contrary intention otherwise appears (see Legislation Act, s 155 and 10 s 156 (1)). 11 4 Terms used in Health Practitioner Regulation National 12 Law (ACT) 13 Terms used in this Act and also in the Health Practitioner 14 Regulation National Law (ACT) have the same meanings in this Act 15 as they have in that Law. 16 5 Notes 17 A note included in this Act is explanatory and is not part of this Act. 18 Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of 19 notes. Health Practitioner Regulation National Law (ACT) Bill page 3 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 6 1 Part 2 Adoption of Health Practitioner 2 Regulation National Law 3 6 Application of Health Practitioner Regulation National 4 Law 5 The Health Practitioner Regulation National Law, as in force from 6 time to time, set out in the schedule to the Qld Act-- 7 (a) applies as a territory law, as modified by schedule 1; and 8 (b) as so applying may be referred to as the Health Practitioner 9 Regulation National Law (ACT); and 10 (c) so applies as if it were a part of this Act. 11 Note The Qld Act is accessible at www.legislation.qld.gov.au 12 7 Meaning of generic terms in Health Practitioner 13 Regulation National Law for purposes of this jurisdiction 14 In the Health Practitioner Regulation National Law (ACT): 15 magistrates court means the Magistrates Court. 16 the State means the Territory. 17 this jurisdiction means the ACT. 18 8 Responsible tribunal for Health Practitioner Regulation 19 National Law (ACT) 20 The ACAT is declared to be the responsible tribunal for this 21 jurisdiction for the Health Practitioner Regulation National Law 22 (ACT). 23 Note Responsible tribunal--see the Health Practitioner Regulation National 24 Law (ACT), s 5. page 4 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 9 1 9 Exclusion of territory laws 2 The following territory laws do not apply to the Health Practitioner 3 Regulation National Law (ACT) or to instruments made under that 4 Law: 5 (a) the Annual Reports (Government Agencies) Act 2004; 6 (b) the Auditor-General Act 1996; 7 (c) the Criminal Code 2002; 8 (d) the Financial Management Act 1996; 9 (e) the Freedom of Information Act 1989; 10 (f) the Legislation Act 2001; 11 (g) the Ombudsman Act 1989; 12 (h) the Public Sector Management Act 1994. 13 Note The Health Practitioner Regulation National Law (ACT), s 198 14 provides that the provisions about appeals in the Law apply despite the 15 ACT Civil and Administrative Tribunal Act 2008, but does not otherwise 16 limit that Act. 17 10 Regulation-making power 18 The Executive may make regulations for this Act. 19 Note Regulations must be notified, and presented to the Legislative 20 Assembly, under the Legislation Act. Health Practitioner Regulation National Law (ACT) Bill page 5 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 3.1 Amendment of legislation Section 11 1 Part 3 Local provisions 2 Division 3.1 Amendment of legislation 3 11 Legislation amended--sch 2 4 This Act amends the legislation mentioned in schedule 2. 5 Division 3.2 Transitional provisions 6 12 Transitional regulations 7 (1) A regulation may prescribe transitional matters necessary or 8 convenient to be prescribed because of the enactment of this Act. 9 (2) A regulation may modify this part (including in relation to another 10 territory law) to make provision in relation to anything that, in the 11 Executive's opinion, is not, or is not adequately or appropriately, 12 dealt with in this part. 13 (3) A regulation under subsection (2) has effect despite anything 14 elsewhere in this Act or another territory law. 15 13 Annual reports for old boards 16 (1) This section applies if-- 17 (a) a health profession board (the old board) under the Health 18 Professionals Act 2004 as in force immediately before the 19 commencement of this Act ceases, or has ceased, to exist on or 20 immediately before the commencement of this Act; and 21 (b) some or all of the functions of the board become, or have 22 become, functions of a national board under the Health 23 Practitioner Regulation National Law (ACT). page 6 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Transitional provisions Division 3.2 Section 14 1 (2) The old board is taken to continue to exist under the Health 2 Professionals Act 2004, as in force immediately before the 3 commencement of this Act-- 4 (a) for the purpose of preparing the old board's annual report for 5 the financial year ending before the commencement of this 6 Act; and 7 (b) for the time it takes to prepare the annual report. 8 (3) This section expires 6 months after the day this Act commences. 9 14 Expiry--pt 3 10 This part expires 2 years after the day it commences. Health Practitioner Regulation National Law (ACT) Bill page 7 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Modification [1.1] 1 Schedule 1 Modifications--Health 2 Practitioner Regulation 3 National Law 4 (see s 6) 5 [1.1] New section 35A 6 insert 7 35A National Board consideration of criminal history 8 (1) In making a decision under this Act that relates to an individual's 9 criminal history, a National Board must consider-- 10 (a) the individual's criminal record; and 11 (b) the inherent requirements of the profession, division or 12 recognised specialty, for which the individual is seeking 13 registration; and 14 (c) whether or not there is a high degree of direct connection 15 between the individual's criminal record and the inherent 16 requirements of the profession, division or recognised 17 specialty. 18 (2) If guidelines have been made by the National Board for this section, 19 the board must also consider the guidelines when making the 20 decision. 21 [1.2] Section 150 (1) 22 omit everything before paragraph (a), substitute 23 (1) If a National Board receives a complaint, the board must, as soon as 24 practicable after its receipt-- page 8 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Modification [1.3] 1 [1.3] New section 150 (4A) 2 insert 3 (4A) The action that may be taken in relation to a notification or 4 complaint, or part of a notification or complaint, from most serious 5 to least serious, is as follows: 6 (a) deal with the notification or complaint, or part, under part 8, 7 division 7 (Immediate action); 8 (b) refer the notification or complaint, or part, to the responsible 9 tribunal under part 8, division 12 (Referring matter to 10 responsible tribunals); 11 (c) refer the notification or complaint, or part, to the health 12 complaints entity to be considered under the Human Rights 13 Commission Act 2005; 14 (d) investigate the notification or complaint, or part, under part 8, 15 division 8 (Investigations); 16 (e) deal with the notification or complaint, or part, as a 17 professional standards matter under part 8, division 11 18 (Panels); 19 (f) deal with the notification or complaint, or part, as a health 20 matter under part 8, division 11 (Panels); 21 (g) take action under part 8, division 10 (Action by National 22 Board); 23 (h) decide to take no further action in relation to the notification, 24 complaint, or part, in accordance with section 151 (When 25 National Board may decide to take no further action). Health Practitioner Regulation National Law (ACT) Bill page 9 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Modification [1.4] 1 [1.4] Section 150 (5) 2 omit 3 If an investigation, conciliation or other action taken by a health 4 complaints entity 5 substitute 6 If an investigation or other action taken by a health complaints 7 entity, other than a conciliation, 8 [1.5] New section 150 (5A) 9 insert 10 (5A) If a notification or complaint is referred to the health complaints 11 entity for consideration under subsection (4A) (c), the health 12 complaints entity must report the results of the consideration to the 13 National Board as soon as practicable. 14 [1.6] Section 151 (1) 15 omit 16 A National Board 17 substitute 18 Subject to section 150, a National Board 19 [1.7] Section 152 (2) 20 substitute 21 (2) The notice must advise the registered health practitioner or student 22 of-- 23 (a) the nature of the notification; and 24 (b) the powers that the board might exercise in relation to the 25 notification; and page 10 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Modification [1.8] 1 (c) the procedural rights that the health practitioner or student has 2 under this Act. 3 (2A) If a National Board approves a form for the notice, the notice must 4 be in the approved form. 5 [1.8] Section 160 (1) 6 omit 7 A National Board 8 substitute 9 Subject to section 150, a National Board 10 [1.9] New section 166 (3) 11 insert 12 (3) The National Board to which the report is given must give a copy of 13 the report to the health complaints entity as soon as practicable. 14 [1.10] Section 167 15 omit everything before paragraph (a), substitute 16 167 Joint decision by National Board and health complaints 17 entity 18 (1) The National Board must consider the investigator's report jointly 19 with the health complaints entity and attempt to reach agreement on 20 how the matter that is the subject of the report is to be dealt with. 21 (2) After consideration under subsection (1), the National Board must 22 decide-- Health Practitioner Regulation National Law (ACT) Bill page 11 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Modification [1.11] 1 [1.11] New section 167 (3) and (4) 2 insert 3 (3) However, if the National Board and the health complaints entity are 4 not able to reach agreement on how the matter is to be dealt with, 5 the decision of the board under subsection (2) must be to take the 6 most serious action proposed by either the board or the health 7 complaints entity. 8 (4) The actions that may be taken in relation to the matter, from most 9 serious to least serious, are the actions set out in section 150 (4A). 10 [1.12] New section 172 (2) (ca) and (cb) 11 insert 12 (ca) the powers that the board might exercise in relation to the 13 assessment; and 14 (cb) the procedural rights that the health practitioner or student has 15 under this Act. 16 [1.13] New section 172 (3) 17 insert 18 (3) If a National Board approves a form for the notice, the notice must 19 be in the approved form. 20 [1.14] Section 175 21 omit 22 The assessor must 23 substitute 24 (1) The assessor must page 12 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Modification [1.15] 1 [1.15] New section 175 (2) 2 insert 3 (2) If the report relates to a performance assessment, the National Board 4 to which the report is given must give a copy of the report to the 5 health complaints entity as soon as practicable. 6 [1.16] Section 177 7 omit everything before paragraph (a), substitute 8 177 Joint decision by National Board and health complaints 9 entity 10 (1) The National Board must consider the report and discussions held 11 with the registered health practitioner or student under 12 section 176 (3). 13 (2) If the assessor's report relates to a performance assessment, the 14 consideration must be joint consideration with the health complaints 15 entity, and the National Board and health complaints entity must 16 attempt to reach agreement on how the registered health practitioner 17 or student is to be dealt with. 18 (3) After consideration, the National Board may decide to-- 19 [1.17] New section 177 (4) and (5) 20 insert 21 (4) If the report relates to a performance assessment and the National 22 Board and the health complaints entity are not able to reach 23 agreement on what to do in relation to the registered health 24 practitioner or student, the decision of the board under 25 subsection (3) must be to take the most serious action proposed by 26 either the board or the health complaints entity. 27 (5) The actions that may be taken under subsection (4), from most 28 serious to least serious, are the actions set out in section 150 (4A). Health Practitioner Regulation National Law (ACT) Bill page 13 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Modification [1.18] 1 [1.18] New section 178 (1A) 2 insert 3 (1A) This section also applies if-- 4 (a) on jointly considering a notification, complaint or other matter, 5 the health complaints entity is satisfied on reasonable grounds 6 that the National Board should take action under subsection (2) 7 (a), (b) or (c) in relation to a registered health practitioner or 8 student registered by the board; and 9 (b) the action proposed by the health complaints entity to be taken 10 by the board is more serious than any other action proposed by 11 the board to be taken. 12 [1.19] New section 178 (4) 13 insert 14 (4) If this section applies in relation to a registered health practitioner or 15 student registered by the board because of subsection (1A), the 16 National Board must-- 17 (a) jointly consider with the health complaints entity the action to 18 be taken under subsection (2) (a), (b) or (c); and 19 (b) take the action agreed after joint consideration. 20 [1.20] New section 184 (3) 21 insert 22 (3) The panel must also give a copy of the notice to the health 23 complaints entity as soon as practicable. 24 [1.21] New section 185 (4) 25 insert 26 (4) A panel must have regard to evidence given by the health 27 complaints entity under section 186A. page 14 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Modification [1.22] 1 [1.22] New section 186A 2 insert 3 186A Role of health complaints entity 4 At a hearing of a panel, the health complaints entity may-- 5 (a) be represented; and 6 (b) give evidence about the consideration of a complaint or other 7 matter by the health complaints entity; and 8 (c) be present at the hearing even if not giving evidence. 9 [1.23] New section 192 (3A) 10 insert 11 (3A) The National Board must also, within 30 days after the panel makes 12 its decision, give the health complaints entity a copy of the notice 13 given to the registered health practitioner or student. 14 [1.24] Schedule 5, part 1, clause 2 (3) 15 substitute 16 (3) For subclauses (1) and (2), it is not a reasonable excuse for an 17 individual to fail to give stated information, answer a question or 18 produce a document only because giving the information, answering 19 the question or producing the document might tend to incriminate 20 the individual. 21 (4) However-- 22 (a) the information, answer or document required to be given, 23 answered or provided by the individual is not admissible in 24 evidence against the individual in a criminal proceeding, other 25 than a proceeding for-- 26 (i) an offence against this schedule; or Health Practitioner Regulation National Law (ACT) Bill page 15 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Modification [1.25] 1 (ii) an offence in relation to the falsity of the information, 2 answer or document; and 3 (b) evidence that was discovered as a result of the information or 4 answer, and that could not have been discovered but for the 5 giving of the information or answering of the question, is not 6 admissible against the individual in a criminal proceeding. 7 [1.25] Schedule 6, part 1, clause 2 (3) 8 substitute 9 (3) For subclauses (1) and (2), it is not a reasonable excuse for an 10 individual to fail to give stated information, answer a question or 11 produce a document only because giving the information, answering 12 the question or producing the document might tend to incriminate 13 the individual. 14 (4) However-- 15 (a) the information, answer or document required to be given, 16 answered or provided by the individual is not admissible in 17 evidence against the individual in a criminal proceeding, other 18 than a proceeding for-- 19 (i) an offence against this schedule; or 20 (ii) an offence in relation to the falsity of the information, 21 answer or document; and 22 (b) evidence that was discovered as a result of the information or 23 answer, and that could not have been discovered but for the 24 giving of the information or answering of the question, is not 25 admissible against the individual in a criminal proceeding. page 16 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Administrative Decisions (Judicial Review) Act 1989 Part 2.1 Amendment [2.1] 1 Schedule 2 Consequential amendments 2 (see s 11) 3 Part 2.1 Administrative Decisions 4 (Judicial Review) Act 1989 5 [2.1] Schedule 1, new item 9A 6 insert 9A Health Practitioner · any decision Regulation National Law (ACT) 7 Part 2.2 Children and Young People Act 8 2008 9 [2.2] Section 98 10 omit everything before subsection (2), substitute 11 98 Health practitioners and health professionals-- 12 non-treating functions 13 (1) The chief executive may, orally or in writing, authorise a health 14 practitioner (a non-treating health practitioner) or a health 15 professional (a non-treating health professional) to exercise 16 non-treating functions under the criminal matters chapters. Health Practitioner Regulation National Law (ACT) Bill page 17 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.2 Children and Young People Act 2008 Amendment [2.3] 1 [2.3] Section 208 (2) (b) 2 substitute 3 (b) it allows monitoring of, and communication with, the young 4 detainee by the chief executive, health practitioners and health 5 professionals (other than non-treating health practitioners and 6 non-treating health professionals). 7 [2.4] Section 211 (2) (a) 8 substitute 9 (a) seek the advice of a health practitioner (other than a 10 non-treating health practitioner) about the action the chief 11 executive should take under subsection (4); and 12 [2.5] Section 530 (2), definitions of non-treating doctor, 13 non-treating health professional and non-treating nurse 14 substitute 15 non-treating doctor means a doctor authorised under section 632 16 (Health practitioners and health professionals--non-treating 17 functions). 18 non-treating health practitioner means a health practitioner 19 authorised under section 632 (Health practitioners and health 20 professionals--non-treating functions). 21 non-treating health professional means a health professional 22 authorised under section 632 (Health practitioners and health 23 professionals--non-treating functions). 24 non-treating nurse means a nurse authorised under section 632 25 (Health practitioners and health professionals--non-treating 26 functions). page 18 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Children and Young People Act 2008 Part 2.2 Amendment [2.6] 1 [2.6] Division 16.4.3 2 substitute 3 Division 16.4.3 Non-treating health practitioners and 4 health professionals 5 632 Health practitioners and health professionals-- 6 non-treating functions 7 (1) An operating entity for a therapeutic protection place may, orally or 8 in writing, authorise a health practitioner (a non-treating health 9 practitioner) or a health professional (a non-treating health 10 professional) to exercise non-treating functions under this chapter 11 for children and young people at the therapeutic protection place. 12 Note Health practitioner includes a doctor and nurse registered under the 13 Health Practitioner Regulation National Law (ACT). 14 (2) An operating entity must ensure, as far as practicable, that a child's 15 or young person's treating health practitioner or health professional 16 is not asked to exercise a function as a non-treating health 17 practitioner or non-treating health professional under this chapter in 18 relation to the child or young person. 19 (3) Subsection (2) does not apply if the operating entity believes on 20 reasonable grounds that-- 21 (a) there is an imminent and serious threat to the personal safety of 22 the child or young person or someone else; and 23 (b) compliance with subsection (2) would exacerbate the threat. 24 (4) In this section: 25 treating health practitioner or health professional, in relation to a 26 child or young person, means a health practitioner or health 27 professional who has a professional relationship with the child or 28 young person for the provision of health services. Health Practitioner Regulation National Law (ACT) Bill page 19 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.2 Children and Young People Act 2008 Amendment [2.7] 1 [2.7] Dictionary, note 2 2 insert 3 · health practitioner 4 [2.8] Dictionary, definition of health professional 5 substitute 6 health professional means a health professional registered under the 7 Health Professionals Act 2004. 8 [2.9] Dictionary, definition of health service 9 substitute 10 health service-- 11 (a) means a service provided to someone (the service user) for any 12 of the following purposes: 13 (i) assessing, recording, maintaining or improving the 14 physical, mental or emotional health, comfort or 15 wellbeing of the service user; 16 (ii) diagnosing or treating an illness, disability, disorder or 17 condition of the service user; and 18 (b) includes a service provided by-- 19 (i) a health practitioner in the practitioner's capacity as a 20 health practitioner; and 21 (ii) a health professional in the professional's capacity as a 22 health professional. page 20 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Children and Young People Act 2008 Part 2.2 Amendment [2.10] 1 [2.10] Dictionary, new definition of non-treating health 2 practitioner 3 insert 4 non-treating health practitioner-- 5 (a) for the criminal matters chapters--see section 98; and 6 (b) for chapter 16 (Care and protection--therapeutic protection of 7 children and young people)--see section 530. 8 [2.11] Dictionary, definition of paediatrician 9 substitute 10 paediatrician means a doctor who is registered under the Health 11 Practitioner Regulation National Law (ACT) in the specialist area of 12 paediatric medicine. 13 [2.12] Dictionary, definition of psychiatrist 14 omit 15 [2.13] Further amendments, mentions of health professional etc 16 column 1 column 2 column 3 column 4 item provision omit substitute 1 section 19 (2) (b) health professional health practitioner or health professional 2 section 20 (2) health professional health practitioner or health professional 3 section 109 (4) (a) health professional health practitioner or health professional 4 section 137, definition Health professionals Health practitioners and of non-treating doctor health professionals 5 section 161 health professional health practitioner Health Practitioner Regulation National Law (ACT) Bill page 21 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.2 Children and Young People Act 2008 Amendment [2.13] column 1 column 2 column 3 column 4 item provision omit substitute 6 section 180 (2) health professionals health practitioners and health professionals 7 section 180 (4) (b) health professionals health practitioners and health professionals 8 section 180 (4) (d) health professionals health practitioners, health professionals 9 Section 189 health professional health practitioner 10 section 193 (1), health professional health practitioner or health example 2 professional 11 section 235, definition health professional health practitioner of drug, paragraph (b) (i) 12 section 246, definition Health professionals Health practitioners and of non-treating doctor health professionals 13 section 344, example 1 health professionals health practitioners 14 section 438 (2), health professional health practitioner or health example 3 professional 15 section 573 health professional health practitioner 16 section 842 (2), health professional health practitioner example 1 17 section 863 (1), health professional health practitioner example 4 18 section 874 (2) (d) health professional health practitioner 19 dictionary, definition health professional health practitioner or health of health care professional treatment page 22 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Civil Law (Wrongs) Act 2002 Part 2.3 Amendment [2.14] 1 Part 2.3 Civil Law (Wrongs) Act 2002 2 [2.14] Section 84 (3) 3 substitute 4 (3) In this section: 5 health service-- 6 (a) means a service provided to someone (the service user) for any 7 of the following purposes: 8 (i) assessing, recording, maintaining or improving the 9 physical, mental or emotional health, comfort or 10 wellbeing of the service user; 11 (ii) diagnosing or treating an illness, disability, disorder or 12 condition of the service user; and 13 (b) includes a service provided by a health practitioner in the 14 practitioner's capacity as a health practitioner. 15 Part 2.4 Corrections Management Act 16 2007 17 [2.15] Section 22 18 omit everything before subsection (2), substitute 19 22 Health practitioners--non-therapeutic functions 20 (1) The chief executive must appoint a health practitioner to exercise 21 non-therapeutic functions at each correctional centre. 22 Note Health practitioner includes a doctor and nurse registered under the 23 Health Practitioner Regulation National Law (ACT). Health Practitioner Regulation National Law (ACT) Bill page 23 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.4 Corrections Management Act 2007 Amendment [2.16] 1 [2.16] Section 65 (4), except note 2 substitute 3 (4) A blood sample under this section may only be taken by a health 4 practitioner appointed under section 22 (Health practitioners-- 5 non-therapeutic functions). 6 [2.17] Section 140 (4) 7 omit everything before paragraph (a), substitute 8 (4) A health practitioner appointed under section 22 (Health 9 practitioners--non-therapeutic functions) may administer a drug as 10 a restraint, or direct the use of another form of restraint, if the health 11 practitioner believes, on reasonable grounds, that is necessary and 12 reasonable-- 13 [2.18] Dictionary, note 2 14 insert 15 · health practitioner 16 [2.19] Dictionary, definitions of health professional and health 17 service 18 substitute 19 health service-- 20 (a) means a service provided to someone (the service user) for any 21 of the following purposes: 22 (i) assessing, recording, maintaining or improving the 23 physical, mental or emotional health, comfort or 24 wellbeing of the service user; 25 (ii) diagnosing or treating an illness, disability, disorder or 26 condition of the service user; and page 24 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Crimes Act 1900 Part 2.5 Amendment [2.20] 1 (b) includes a service provided by a health practitioner in the 2 practitioner's capacity as a health practitioner. 3 [2.20] Further amendments, mentions of health professional etc column 1 column 2 column 3 column 4 item provision omit substitute 1 section 23 (1) (c) Health professionals Health practitioners 2 section 40 (3) Health professionals Health practitioners 3 section 53 health professionals health practitioners 4 section 54 (4) (a) health professional health practitioner 5 section 79 (5) Health professionals Health practitioners 6 section 116 Health professionals Health practitioners 7 section 117 (1) Health professionals Health practitioners 8 section 132, definition health professional health practitioner of drug, paragraph (b) (i) 9 section 134 Health professionals Health practitioners 4 Part 2.5 Crimes Act 1900 5 [2.21] Sections 315, 315A and 315D 6 omit 7 professional 8 substitute 9 practitioner 10 [2.22] Dictionary, note 2 11 insert 12 · health practitioner Health Practitioner Regulation National Law (ACT) Bill page 25 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.6 Crimes (Forensic Procedures) Act 2000 Amendment [2.23] 1 Part 2.6 Crimes (Forensic Procedures) 2 Act 2000 3 [2.23] Sections 56 and 72 4 omit 5 health professional 6 substitute 7 health practitioner 8 [2.24] Dictionary, note 2 9 insert 10 · health practitioner 11 [2.25] Dictionary, definition of corrections health professional 12 substitute 13 corrections health practitioner, for a correctional centre, means a 14 health practitioner appointed under the Corrections Management 15 Act 2007, section 22 (Health practitioners--non-therapeutic 16 functions) for the centre. 17 [2.26] Dictionary, definition of health professional 18 omit page 26 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Health Act 1993 Part 2.7 Amendment [2.27] 1 Part 2.7 Health Act 1993 2 [2.27] Section 2, note 1 3 substitute 4 Note 1 The dictionary at the end of this Act defines certain terms used in this 5 Act, and includes references (signpost definitions) to other terms 6 defined elsewhere in this Act. 7 For example, the signpost definition `health facility--see section 6.' 8 means that the term `health facility' is defined in that section. 9 [2.28] Section 6 (1), definition of health facility, paragraph (d) 10 omit 11 health professional's 12 substitute 13 health practitioner's 14 [2.29] Section 7, definition of health service provider, 15 paragraph (a) 16 omit 17 health professional 18 substitute 19 health practitioner 20 [2.30] Sections 45 and 72 21 omit 22 health profession board 23 substitute 24 health board Health Practitioner Regulation National Law (ACT) Bill page 27 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.7 Health Act 1993 Amendment [2.31] 1 [2.31] Section 122, note 2 omit 3 health profession board 4 substitute 5 health board 6 [2.32] New part 8A 7 insert 8 Part 8A Offence--provision of health 9 services by non-health 10 practitioners 11 127 Provision of regulated health service by person not 12 health practitioner 13 (1) A person commits an offence if-- 14 (a) the person intentionally provides a regulated health service; 15 and 16 (b) the person is not a health practitioner. 17 Maximum penalty: 50 penalty units, imprisonment for 6 months or 18 both. 19 Example--someone providing a regulated health service to someone in the 20 ACT when not a health practitioner 21 A person (Dr W) provides a medical service by a video link from an island in the 22 south Pacific to Mary Smith in the ACT. Dr W advises Mary that she needs to 23 have her tonsils removed. Dr W is not a health practitioner. Dr W contravenes 24 this subsection. 25 Note An example is part of the Act, is not exhaustive and may extend, but 26 does not limit, the meaning of the provision in which it appears (see 27 Legislation Act, s 126 and s 132). page 28 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Health Act 1993 Part 2.7 Amendment [2.33] 1 (2) This section does not apply to-- 2 (a) a health service provided in an emergency; or 3 (b) the provision, by mail order, or over the internet or by other 4 electronic means, of manufactured aids to rehabilitation or 5 surgical prosthetics and orthotics; or 6 (c) a health service ordinarily provided in the ordinary course of 7 business by people other than health practitioners. 8 Example--par (b) 9 dental restorative or corrective devices 10 (3) In this section: 11 regulated health service means a health service ordinarily provided 12 by a health practitioner. 13 [2.33] Part 9 heading 14 substitute 15 Part 9 Pharmacists and pharmacy 16 premises 17 128 Meaning of community pharmacy--pt 9 18 In this part: 19 community pharmacy--see the Medicines, Poisons and 20 Therapeutic Goods Act 2008, dictionary. Health Practitioner Regulation National Law (ACT) Bill page 29 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.7 Health Act 1993 Amendment [2.33] 1 128A Complying pharmacy corporation 2 A corporation is a complying pharmacy corporation if the 3 corporation-- 4 (a) has a constitution that provides that-- 5 (i) the object of the corporation is to practise as a 6 pharmacist; and 7 (ii) only an individual who is a pharmacist may be a director; 8 and 9 (iii) a director cannot be a director of another incorporated 10 pharmacist without the written consent of the board; and 11 (iv) all voting rights exercisable at a general meeting of the 12 corporation are exercisable only by or on behalf of 13 pharmacists who are directors or employees of the 14 corporation; and 15 (v) a shareholder in the corporation must be either a 16 pharmacist or a close relative of a shareholder; and 17 (b) has a constitution that ensures that each share in the 18 corporation is beneficially owned by-- 19 (i) a pharmacist who is a director or employee of the 20 corporation; or 21 (ii) a close relative of a person mentioned in 22 subparagraph (i); and 23 (c) for a corporation that is to practise pharmacy as a trustee--is 24 only a party to a trust deed that relates to the corporation's 25 practice as a pharmacist if-- 26 (i) the deed provides that all beneficiaries are to be 27 pharmacists who are directors or employees of the 28 corporation or close relatives of the pharmacists; and page 30 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Health Act 1993 Part 2.7 Amendment [2.34] 1 (ii) the proposed trust deed has been approved in writing by 2 the national board; and 3 (d) has a constitution that is appropriate to a corporation formed to 4 practise as a pharmacist. 5 128B Standard of premises 6 (1) To protect the public, premises where a pharmacist operates a 7 community pharmacy must-- 8 (a) be under the direct, personal control of a pharmacist; and 9 (b) have direct access, or through access, to the premises; and 10 (c) comply with standards approved under subsection (2). 11 (2) The Minister may approve standards about premises for community 12 pharmacies for subsection (1) (c). 13 (3) An approved standard is a notifiable instrument. 14 Note A notifiable instrument must be notified under the Legislation Act. 15 (4) A pharmacist must comply with any standard approved under this 16 section. 17 (5) In this section: 18 through access, to premises, means access to the premises through 19 the public area of a shopping centre, mall, plaza or health centre. 20 [2.34] Section 129 (3), definition of community pharmacy 21 omit 22 [2.35] Dictionary, note 2 23 insert 24 · health practitioner 25 · pharmacist Health Practitioner Regulation National Law (ACT) Bill page 31 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.8 Health Professionals Act 2004 Amendment [2.36] 1 [2.36] Dictionary, new definitions of community pharmacy and 2 health board 3 insert 4 community pharmacy, for part 9 (Pharmacists and pharmacy 5 premises)--see section 128. 6 health board means-- 7 (a) a national board under the Health Practitioner Regulation 8 National Law (ACT); or 9 (b) a health profession board under the Health Professionals 10 Act 2004. 11 [2.37] Dictionary, definitions of health profession board and 12 health professional 13 omit 14 Part 2.8 Health Professionals Act 2004 15 [2.38] Section 14 (1) 16 before 17 health profession 18 insert 19 regulated 20 [2.39] Section 14 (2) 21 omit 22 [2.40] Section 17 (2), example and note 23 omit page 32 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Health Professionals Act 2004 Part 2.8 Amendment [2.41] 1 [2.41] Section 18 (1), example 2 omit 3 doctor 4 substitute 5 health professional 6 [2.42] Section 38 (2), examples and note 7 omit 8 [2.43] Section 72 and example 9 omit 10 [2.44] Section 81, new note 2 11 insert 12 Note 2 If a complaint is referred to a health profession board by the Human 13 Rights Commission, the board is not required to send out a notice under 14 this section because report does not include complaint in this division 15 (see dict, def report). 16 [2.45] Dictionary, definition of report 17 substitute 18 report means-- 19 (a) a report under division 9.2; and 20 (b) except in division 9.2--includes a complaint made under the 21 Human Rights Commission Act 2005 that is referred to a health 22 profession board by the commission. Health Practitioner Regulation National Law (ACT) Bill page 33 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.9 Health Professionals Regulation 2004 Amendment [2.46] 1 Part 2.9 Health Professionals Regulation 2 2004 3 [2.46] Schedule 1 4 substitute 5 Schedule 1 Regulated professions 6 (see s 4) column 1 column 2 column 3 column 4 item health profession board health profession relevant schedule 1 ACT Dental Technicians Board dental technicians 8 2 ACT Veterinary Surgeons veterinary surgeons 12 Board 3 ACT Medical Radiation medical radiation 15 Scientists Board scientists 7 [2.47] Schedules 2 to 7 8 omit 9 [2.48] Schedule 8 10 substitute 11 Schedule 8 Dental technicians 12 (see s 4 and sch 1) 13 Note The Act and regulation contain other provisions that apply to 14 applications and the regulation of the profession under this schedule, for 15 example: 16 · under the Act, s 37 (1) (b), an applicant who is an individual must 17 have a knowledge of written and spoken English that is adequate to 18 allow the person to practise; page 34 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Health Professionals Regulation 2004 Part 2.9 Amendment [2.48] 1 · under the Act, s 37 (1) (c), if an applicant is a corporation, each 2 individual who will be providing health services on behalf of the 3 corporation must have knowledge of written and spoken English 4 that is adequate to allow the individual to practise in the profession 5 on behalf of the corporation; 6 · under s 4 (3), if a schedule requires or allows something to be 7 approved by a health profession board, the approval must be in 8 writing and is a notifiable instrument, which must be notified under 9 the Legislation Act; 10 · under s 112, certain matters must be included in an application for 11 registration; 12 · under s 115, a health profession board, in deciding whether a 13 person is generally competent in relation to a health profession, 14 must consider: 15 (a) whether the person is mentally and physically well enough 16 to practise; 17 (b) whether the person has communication skills that allow the 18 person to practise effectively without endangering patients; 19 (c) whether the person has an addiction to a substance (whether 20 alcohol, a medicine, a prohibited substance or another 21 substance) that may affect the person's ability to practise; 22 (d) whether the person has been convicted or found guilty of an 23 offence that indicates that the person may not be competent 24 to practise; 25 (e) whether the person's experience is recent and sufficient to 26 allow the person to practise. 27 8.1 Definitions--sch 8 28 In this schedule: 29 board means the ACT Dental Technicians Board. 30 dental prosthetic appliance includes the following: 31 (a) flexible, removable mouthguards for use by people engaged in 32 sporting activities; 33 (b) removable full and partial dentures; 34 (c) immediate dentures; Health Practitioner Regulation National Law (ACT) Bill page 35 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.9 Health Professionals Regulation 2004 Amendment [2.48] 1 (d) removable implant-retained overdentures; 2 (e) removable treatment dentures over healing caps; 3 (f) restorative or corrective dental appliances. 4 dental technical work involves making, altering, repairing or 5 maintaining dental prosthetic appliances under a prescription from a 6 dentist or dental prosthetist. 7 Example--dental technical work 8 shade-taking for dental prosthetic appliances 9 Note An example is part of the regulation, is not exhaustive and may extend, 10 but does not limit, the meaning of the provision in which it appears (see 11 Legislation Act, s 126 and s 132). 12 dental technician means a person who is registered as a dental 13 technician under this schedule. 14 dentist means an individual registered under the Health Practitioner 15 Regulation National Law (ACT) to practise the health profession of 16 dentist (other than as a student). 17 regulatory authority means an authority established under a 18 corresponding law of a local jurisdiction or a place outside Australia 19 to regulate the dental technician professions in the jurisdiction or 20 place. 21 Note A local jurisdiction is a State or New Zealand (see Act, dict). 22 8.2 General area of operation of dental technician 23 profession--Act, s 22 (1) (a) 24 (1) The practice of a dental technician involves the performance of 25 dental technical work. 26 (2) The practice of a dental technician also includes the following: 27 (a) giving advice about dental technical issues to other dental 28 professionals; page 36 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Health Professionals Regulation 2004 Part 2.9 Amendment [2.48] 1 (b) conducting dental technical research; 2 (c) educating and training people in the dental technical 3 profession. 4 (3) To remove any doubt, a person also practises as a dental technician 5 if the person does dental technical work as part of a business. 6 8.3 Qualifications as suitability to practise as individual 7 dental technician--Act, s 23 (a) 8 (1) To practise as a dental technician, an individual-- 9 (a) must be a graduate of a course of education in dental technical 10 work offered in the ACT or a local jurisdiction that is 11 accredited by CORA or approved by the board or the 12 regulatory authority of a local jurisdiction; or 13 Note Under s 4 (3), if a schedule requires or allows something to be 14 approved by a health profession board, the approval must be in 15 writing and is a notifiable instrument, which must be notified 16 under the Legislation Act. 17 (b) must have-- 18 (i) completed a course of education or training in dental 19 technical work outside Australia that is accredited by 20 CORA or approved by the board or the regulatory 21 authority of a local jurisdiction; and 22 (ii) passed an examination in dental technical work that is 23 accredited by CORA or approved by the board or the 24 regulatory authority of a local jurisdiction. 25 (2) In this section: 26 CORA means the Council of Regulating Authorities for Dental 27 Technicians and Dental Prosthetists. Health Practitioner Regulation National Law (ACT) Bill page 37 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.9 Health Professionals Regulation 2004 Amendment [2.48] 1 8.4 Qualifications as suitability to practise as corporate 2 dental technician--Act, s 23 (a) 3 To practise as a dental technician, a corporation must-- 4 (a) have the board's written approval to carry on business as a 5 dental technician; and 6 (b) have a constitution that provides that-- 7 (i) the corporation may carry on business as a dental 8 technician; and 9 (ii) the chair of the corporation must be a dental technician; 10 and 11 (iii) if there are more than 2 directors--a majority of the 12 directors must be dental technicians; and 13 (iv) at least 50% of shares in the corporation must be held by 14 1 or more dental technicians; and 15 (v) the chair of the corporation has the casting vote in 16 relation to resolutions to be voted on at a general meeting 17 of the corporation. 18 8.5 Maintenance and demonstration of professional 19 development, continued competence and recency of 20 practice for dental technicians--Act, s 23 (d) 21 (1) To demonstrate adequate professional development at the time of 22 application for registration as an individual dental technician, the 23 applicant must, if required by the board, give the board written 24 evidence that-- 25 (a) the applicant attended and satisfactorily completed a training 26 program approved by the board; or 27 (b) the applicant has undertaken professional development 28 activities; or page 38 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Health Professionals Regulation 2004 Part 2.9 Amendment [2.48] 1 (c) otherwise demonstrates professional development the board 2 considers adequate. 3 (2) To demonstrate continuing competence at the time of application for 4 registration as a dental technician, the applicant must, if required by 5 the board, give the board written evidence of the applicant's 6 competence assessed against the board's standards statement. 7 (3) To demonstrate recency of practice at the time of application for 8 registration as a dental technician, the applicant must, if required by 9 the board, give the board written evidence-- 10 (a) that the applicant has practised as a dental technician within the 11 5 years before the day the application is made; or 12 (b) that the applicant attended and satisfactorily completed a 13 training course approved by the board; or 14 (c) that otherwise demonstrates recency of practice the board 15 considers adequate. 16 (4) In this section: 17 professional development activity--an activity is a professional 18 development activity if it complies with a standard about 19 professional development for dental technicians developed or 20 endorsed under section 131. 21 Note 1 Register, a person, includes renew the person's registration (see Act, 22 dict). 23 Note 2 For application requirements, see s 112. 24 8.6 Board membership--Act, s 24 25 The board is made up of-- 26 (a) the president; and 27 (b) 6 appointed members, 1 of whom is a community 28 representative. Health Practitioner Regulation National Law (ACT) Bill page 39 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.9 Health Professionals Regulation 2004 Amendment [2.48] 1 8.7 Dental technicians--required insurance policy--Act, 2 s 37 (1) (d) 3 (1) A dental technician must maintain a policy of product liability 4 insurance at a level approved by the board. 5 (2) However, subsection (1) does not apply to a dental technician if the 6 dental technician-- 7 (a) is covered by product liability insurance (the other insurance) 8 other than insurance maintained by the dental technician; and 9 (b) only practises as a dental technician while covered by the other 10 insurance. 11 8.8 Conditional registration of dental technicians with 12 unapproved qualifications--Act, s 37 (5) (b) 13 (1) The board may register an individual as a dental technician if 14 satisfied that the individual-- 15 (a) is a graduate of a course of education or training in dental 16 technical work that is not approved under section 8.3 (1) 17 (Qualifications as suitability to practise as individual dental 18 technician--Act, s 23 (a)); and 19 (b) needs to be registered to do 1 or both of the following: 20 (i) undertake further education or training approved by the 21 board to achieve the standard required of dental 22 technicians in the ACT; 23 (ii) undergo a period of practice as a dental technician under 24 the supervision of a dental technician to allow the 25 individual to become registered in the ACT. 26 (2) Registration in accordance with this section is subject to the 27 condition that the individual only practises dental technical work-- page 40 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Health Professionals Regulation 2004 Part 2.9 Amendment [2.48] 1 (a) under the supervision of a dental technician whose registration 2 entitles the dental technician to practise dental technical work 3 without supervision; and 4 (b) if the individual needs to undertake further education--as part 5 of the education. 6 (3) The board may impose any other condition on the registration of the 7 individual that it considers appropriate. 8 8.9 Conditional registration for dental technicians who want 9 to teach etc--Act, s 37 (5) (b) 10 (1) This section applies if-- 11 (a) an individual has applied for registration as a dental technician; 12 and 13 (b) the individual needs to be registered to take up a teaching or 14 research position. 15 (2) The board may register the individual if-- 16 (a) the board is satisfied that the individual has qualifications the 17 board considers appropriate for the position the individual 18 intends to take up; and 19 (b) the individual provides a letter of offer from the individual's 20 prospective employer stating the conditions of employment 21 and giving the name of the individual's proposed supervisor. 22 (3) The board may impose any condition on the registration of the 23 individual that it considers appropriate. 24 8.10 Conditional registration for non-practising dental 25 technicians--Act, s 37 (5) (b) 26 (1) This section applies if-- 27 (a) a person has applied for registration as a dental technician; and Health Practitioner Regulation National Law (ACT) Bill page 41 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.9 Health Professionals Regulation 2004 Amendment [2.49] 1 (b) the board is satisfied that the person does not intend to practise 2 as a dental technician, whether or not because the person is 3 retired. 4 (2) The board may register the person on condition that the person must 5 not practise as a dental technician. 6 8.11 Conditional registration not limited 7 This schedule does not limit when a dental technician may be 8 conditionally registered or the conditions that may be imposed on 9 registration. 10 8.12 Registration end date--s 120 (b) (i) and s 121 (c) 11 The registration end date for a certificate of registration is 12 1 September following registration. 13 [2.49] Schedules 9 to 11 14 omit 15 [2.50] Schedules 13 and 14 16 omit 17 [2.51] Dictionary 18 omit the definitions of 19 Australian Medical Council 20 chiropractor 21 close relative 22 community pharmacy 23 competency standards 24 dental care provider 25 dental hygienist page 42 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Health Professionals Regulation 2004 Part 2.9 Amendment [2.51] 1 dental procedure 2 dental therapist 3 dentist 4 dentist procedure 5 enrolled nurse 6 general dental procedure 7 medical board 8 medical practitioner 9 midwife 10 nurse 11 nurse practitioner 12 nursing and midwifery regulatory authority 13 optometrist 14 optometrist restricted medicines authority 15 osteopath 16 pharmacist 17 pharmacy 18 physiotherapist 19 podiatric surgeon 20 podiatrist 21 psychologist 22 re-entry course 23 refresher course Health Practitioner Regulation National Law (ACT) Bill page 43 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.10 Health Professionals (Special Events Exemptions) Act 2000 Amendment [2.52] 1 register 2 registered nurse 3 under the supervision of a dentist 4 Part 2.10 Health Professionals (Special 5 Events Exemptions) Act 2000 6 [2.52] Section 11 (1) 7 after 8 Health Professionals Act 2004, 9 insert 10 the Health Practitioner Regulation National Law (ACT), 11 [2.53] Section 12 (1) and (2) 12 after 13 Health Professionals Act 2004 14 insert 15 , the Health Practitioner Regulation National Law (ACT) 16 Part 2.11 Health Records (Privacy and 17 Access) Act 1997 18 [2.54] Section 16D (4) (b) 19 substitute 20 (b) if the nominated health service provider is registered with the 21 registration board established for the medical profession (other 22 than as a student) and has the ability to understand and 23 interpret the health record; or page 44 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Human Rights Commission Act 2005 Part 2.12 Amendment [2.55] 1 [2.55] Schedule 1, principle 4.1, example and note 2 omit 3 [2.56] Dictionary, definition of registration board 4 substitute 5 registration board means-- 6 (a) a national board under the Health Practitioner Regulation 7 National Law (ACT); or 8 (b) a health profession board under the Health Professionals 9 Act 2004. 10 Part 2.12 Human Rights Commission 11 Act 2005 12 [2.57] Section 7 (3) 13 after 14 health professional 15 insert 16 or health practitioner 17 [2.58] Section 14 (1), note 18 insert 19 · Health Practitioner Regulation National Law (ACT) 20 [2.59] Section 25 (1) (b), new note 21 insert 22 Note See, for example, the Health Practitioner Regulation National 23 Law (ACT), s 150 (Relationship with health complaints entity). Health Practitioner Regulation National Law (ACT) Bill page 45 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.12 Human Rights Commission Act 2005 Amendment [2.60] 1 [2.60] Section 39 (1) (b) (iv) 2 before 3 Health Professionals Act 2004 4 insert 5 Health Practitioner Regulation National Law (ACT) or 6 [2.61] Section 39, new note 7 substitute 8 Note If the health services commissioner receives a complaint about a health 9 practitioner, the commissioner must tell the national board for the 10 practitioner's health profession about the complaint. The national board 11 and commissioner must try to reach agreement about how the complaint 12 is to be dealt with (see Health Practitioner Regulation National Law 13 (ACT), s 150). 14 [2.62] Section 45 (3) (a) (iii) 15 substitute 16 (iii) is to be referred to another statutory officer-holder or 17 dealt with by a national board under the Health 18 Practitioner Regulation National Law (ACT); or 19 [2.63] Section 47, new note 20 insert 21 Note If the health services commissioner receives a complaint about a health 22 practitioner, the commissioner must tell the national board for the 23 practitioner's health profession about the complaint. The national board 24 and commissioner must try to reach agreement about how the complaint 25 is to be dealt with (see Health Practitioner Regulation National Law 26 (ACT), s 150). page 46 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Human Rights Commission Act 2005 Part 2.12 Amendment [2.64] 1 [2.64] Section 78 (1) (e) 2 substitute 3 (e) the complaint has been referred to a national board under the 4 Health Practitioner Regulation National Law (ACT) or to a 5 health profession board; or 6 [2.65] New section 80 (1) (c) 7 before the notes, insert 8 (c) if the complaint was referred to the commission by a national 9 board under the Health Practitioner Regulation National 10 Law (ACT)--to the national board. 11 [2.66] Section 92 (1) 12 substitute 13 (1) This section applies if-- 14 (a) the commission receives a complaint about a registered health 15 professional; or 16 (b) as part of a complaint about a health service, the commission 17 considers a registered health professional's behaviour. 18 [2.67] Section 95 (2) 19 after 20 this Act 21 insert 22 and the Health Practitioner Regulation National Law (ACT) 23 [2.68] Dictionary, note 2 24 insert 25 · health practitioner Health Practitioner Regulation National Law (ACT) Bill page 47 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.13 Legislation Act 2001 Amendment [2.69] 1 Part 2.13 Legislation Act 2001 2 [2.69] Dictionary, part 1, definition of dental prosthetist 3 substitute 4 dental prosthetist-- 5 (a) means a person registered under the Health Practitioner 6 Regulation National Law (ACT) to practise the health 7 profession of dental prosthetist (other than as a student); and 8 (b) for an activity, includes a person mentioned in paragraph (a) 9 holding limited or provisional registration, to the extent that the 10 person is allowed to do the activity under the person's 11 registration. 12 [2.70] Dictionary, part 1, definition of dentist 13 substitute 14 dentist-- 15 (a) means a person registered under the Health Practitioner 16 Regulation National Law (ACT) to practise the health 17 profession of dentist (other than as a student); and 18 (b) for an activity, includes a person mentioned in paragraph (a) 19 holding limited or provisional registration, to the extent that the 20 person is allowed to do the activity under the person's 21 registration. 22 [2.71] Dictionary, part 1, definition of doctor 23 substitute 24 doctor-- 25 (a) means a person registered under the Health Practitioner 26 Regulation National Law (ACT) to practise in the medical 27 profession (other than as a student); and page 48 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Legislation Act 2001 Part 2.13 Amendment [2.72] 1 (b) for an activity, includes a person mentioned in paragraph (a) 2 holding limited or provisional registration, to the extent that the 3 person is allowed to do the activity under the person's 4 registration. 5 [2.72] Dictionary, definition of enrolled nurse 6 substitute 7 enrolled nurse-- 8 (a) means a person registered under the Health Practitioner 9 Regulation National Law (ACT)-- 10 (i) to practise in the nursing and midwifery profession (other 11 than as a student); and 12 (ii) in the enrolled nurses (division 2) division; and 13 (b) for an activity, includes a person mentioned in paragraph (a) 14 holding limited or provisional registration, to the extent that the 15 person is allowed to do the activity under the person's 16 registration. 17 [2.73] Dictionary, part 1, new definitions 18 insert 19 health practitioner means a person registered under the Health 20 Practitioner Regulation National Law (ACT) to practise a health 21 profession (other than as a student). 22 Health Practitioner Regulation National Law (ACT) means the 23 provisions applying because of the Health Practitioner Regulation 24 National Law (ACT) Act 2009, section 6 (Application of Health 25 Practitioner Regulation National Law). Health Practitioner Regulation National Law (ACT) Bill page 49 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.13 Legislation Act 2001 Amendment [2.74] 1 [2.74] Dictionary, part 1, definition of midwife 2 substitute 3 midwife-- 4 (a) means a person registered under the Health Practitioner 5 Regulation National Law (ACT) to practise in the nursing and 6 midwifery profession as a midwife (other than as a student); 7 and 8 (b) for an activity, includes a person mentioned in paragraph (a) 9 holding limited or provisional registration, to the extent that the 10 person is allowed to do the activity under the person's 11 registration. 12 [2.75] Dictionary, part 1, definition of nurse and note 13 substitute 14 nurse-- 15 (a) means a person registered under the Health Practitioner 16 Regulation National Law (ACT) to practise in the nursing and 17 midwifery profession as a nurse (other than as a student); and 18 (b) for an activity, includes a person mentioned in paragraph (a) 19 holding limited or provisional registration, to the extent that the 20 person is allowed to do the activity under the person's 21 registration; and 22 (c) does not include an enrolled nurse. page 50 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Legislation Act 2001 Part 2.13 Amendment [2.76] 1 [2.76] Dictionary, part 1, definition of nurse practitioner and 2 note 3 substitute 4 nurse practitioner-- 5 (a) means a person whose registration as a registered health 6 practitioner under the Health Practitioner Regulation National 7 Law (ACT) is endorsed as being qualified to practise as a nurse 8 practitioner; and 9 (b) for an activity, includes a person mentioned in paragraph (a) 10 holding limited or provisional registration, to the extent that the 11 person is allowed to do the activity under the person's 12 registration. 13 [2.77] Dictionary, part 1, definition of optometrist 14 substitute 15 optometrist-- 16 (a) means a person registered under the Health Practitioner 17 Regulation National Law (ACT) to practise in the optometry 18 profession (other than as a student); and 19 (b) for an activity, includes a person mentioned in paragraph (a) 20 holding limited or provisional registration, to the extent that the 21 person is allowed to do the activity under the person's 22 registration. 23 [2.78] Dictionary, part 1, definition of pharmacist 24 substitute 25 pharmacist-- 26 (a) means a person registered under the Health Practitioner 27 Regulation National Law (ACT) to practise in the pharmacy 28 profession (other than as a student); and Health Practitioner Regulation National Law (ACT) Bill page 51 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.14 Medicines, Poisons and Therapeutic Goods Act 2008 Amendment [2.79] 1 (b) for an activity, includes a person mentioned in paragraph (a) 2 holding limited or provisional registration, to the extent that the 3 person is allowed to do the activity under the person's 4 registration. 5 Part 2.14 Medicines, Poisons and 6 Therapeutic Goods Act 2008 7 [2.79] Section 6 (3) 8 after 9 health professionals 10 insert 11 or health practitioners 12 [2.80] Section 7 (1) 13 after 14 health professional 15 insert 16 or a health practitioner 17 [2.81] Section 138 (2), except note 18 substitute 19 (2) To remove any doubt, this part does not limit the power of anyone 20 exercising a function under this Act to-- 21 (a) make a notification under the Health Practitioner Regulation 22 National Law (ACT) about a health practitioner; or 23 (b) make a report under the Health Professionals Act 2004, 24 part 9.2 about a health professional. page 52 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Medicines, Poisons and Therapeutic Goods Regulation 2008 Part 2.15 Amendment [2.82] 1 [2.82] New sections 149 (2) (c) and 152 (3) (c) 2 insert 3 (c) if the relevant person is a health practitioner--the relevant 4 national board for the person under the Health Practitioner 5 Regulation National Law (ACT). 6 [2.83] Section 195 (4) (f) 7 substitute 8 (f) to a national board under the Health Practitioner Regulation 9 National Law (ACT) or a health profession board under the 10 Health Professionals Act 2004; or 11 [2.84] Dictionary, note 2 12 insert 13 · health practitioner 14 Part 2.15 Medicines, Poisons and 15 Therapeutic Goods Regulation 16 2008 17 [2.85] Section 10 (4), example 1 18 substitute 19 1 a health practitioner's authorisation is subject to any condition or restriction 20 to which the health practitioner is subject to under the Health Practitioner 21 Regulation National Law (ACT) (see s 20) Health Practitioner Regulation National Law (ACT) Bill page 53 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.15 Medicines, Poisons and Therapeutic Goods Regulation 2008 Amendment [2.86] 1 [2.86] Part 2.2 2 substitute 3 Part 2.2 Relationship with registration 4 laws 5 20 Medicines authorisations subject to Health Practitioner 6 Regulation National Law (ACT) restrictions 7 (1) A health practitioner's authorisation under the Act to deal with a 8 medicine is subject to any condition or other restriction to which the 9 health practitioner is subject under the Health Practitioner 10 Regulation National Law (ACT). 11 Example 12 Section 31 places conditions on the prescribing of medicines by a health 13 practitioner authorised to prescribe the medicines. If a particular health 14 practitioner's registration under the Health Practitioner Regulation National Law 15 (ACT) is subject to the condition or restriction that the person may not prescribe 16 certain medicines, the health practitioner's authorisation under the Medicines, 17 Poisons and Therapeutic Goods Act 2008 to prescribe medicines is also subject to 18 that condition or restriction. 19 Note 1 A reference to an Act includes a reference to the statutory instruments 20 made or in force under the Act, including any regulation (see 21 Legislation Act, s 104). 22 Note 2 An example is part of the regulation, is not exhaustive and may extend, 23 but does not limit, the meaning of the provision in which it appears (see 24 Legislation Act, s 126 and s 132). 25 (2) A health professional's authorisation under the Act to deal with a 26 medicine is subject to any condition or other restriction to which the 27 health professional is subject under the Health Professionals 28 Act 2004. page 54 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Medicines, Poisons and Therapeutic Goods Regulation 2008 Part 2.15 Amendment [2.87] 1 21 Medicines authorisations subject to Health Professionals 2 Act restrictions 3 A health professional's authorisation under the Act to deal with a 4 medicine is subject to any condition or other restriction to which the 5 health professional is subject under the Health Professionals 6 Act 2004. 7 [2.87] New section 110 (2) 8 before the note, insert 9 (2) However, a pharmacist is not authorised under schedule 1 to supply 10 a medicine if-- 11 (a) the pharmacist is working for, or providing services to, a 12 corporation when supplying the medicine; and 13 (b) the corporation is not-- 14 (i) a pharmacist; or 15 (ii) a complying pharmacy corporation under the Health 16 Act 1993, part 9 (Pharmacists and pharmacy premises). 17 [2.88] Section 121 (3), definition of authorised prescriber 18 substitute 19 authorised prescriber, in relation to a prescription, means-- 20 (a) for a medicine other than a controlled medicine--a person who 21 is authorised to issue the prescription under the Act or another 22 territory law; and 23 (b) for a controlled medicine--a person who is authorised to issue 24 the prescription under part 13.1 (Controlled medicines 25 approvals). 26 [2.89] Section 121, note 1 27 omit Health Practitioner Regulation National Law (ACT) Bill page 55 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.15 Medicines, Poisons and Therapeutic Goods Regulation 2008 Amendment [2.90] 1 [2.90] Section 400 (1) 2 omit everything before paragraph (a), substitute 3 (1) This section applies to an adult (the delivery person), other than a 4 health practitioner, or health professional, at an institution, who is-- 5 [2.91] Section 400 (1), note 6 substitute 7 Note For health practitioners and health professionals at institutions, see 8 sch 1, pt 1.4. 9 [2.92] Section 400, example 1 10 substitute 11 1 a hospital employee who is not a health practitioner or health professional 12 [2.93] Section 500 (1) and (2) 13 substitute 14 (1) In this section: 15 health practitioner does not include-- 16 (a) a pharmacist, or intern pharmacist, at a hospital; or 17 (b) a prescriber who supplies a medicine during a consultation. 18 health professional does not include a prescriber who supplies a 19 medicine during a consultation. 20 supply does not include dispense. 21 (2) A health practitioner, health professional or employee acting under 22 the direction of a health practitioner or professional, must supply a 23 pharmacy medicine or pharmacist only medicine in a whole 24 manufacturer's pack of the medicine. page 56 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Medicines, Poisons and Therapeutic Goods Regulation 2008 Part 2.15 Amendment [2.94] 1 [2.94] Schedule 1, part 1.4 2 substitute 3 Part 1.4 Health practitioners and health 4 professionals at institutions column 1 column 2 column 3 item person authorised authorisation 1 health practitioner or health within the scope of employment, do any of professional employed at the following for the delivery of medicines institution within the institution to a health practitioner or health professional authorised to obtain the medicines: (a)obtain the medicines; (b)possess the medicines; (c)supply the medicines. 5 [2.95] Schedule 1, part 1.8, item 1, column 3, paragraph (b) 6 omit 7 under Health Professionals Regulation 2004, sch 11 8 substitute 9 issued by Optometry Board of Australia 10 [2.96] Schedule 2, part 2.2, item 5, column 3 11 omit everything after 12 shared care model 13 substitute 14 endorsed by the Optometry Board of Australia Health Practitioner Regulation National Law (ACT) Bill page 57 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.15 Medicines, Poisons and Therapeutic Goods Regulation 2008 Amendment [2.97] 1 [2.97] Dictionary, note 2 2 insert 3 · enrolled nurse 4 [2.98] Dictionary, note 3 5 insert 6 · health practitioner 7 [2.99] Dictionary, definition of enrolled nurse (medications) 8 substitute 9 enrolled nurse (medications) means an enrolled nurse whose 10 registration is endorsed under the Health Practitioner Regulation 11 National Law (ACT), section 94 (Endorsement for scheduled 12 medicines). 13 [2.100] Dictionary, definition of health profession 14 substitute 15 health profession means-- 16 (a) a health profession under the Health Practitioner Regulation 17 National Law (ACT), section 5 (Definitions); and 18 (b) includes a health profession under the Health Professionals 19 Act 2004, dictionary. 20 [2.101] Dictionary, definition of intern 21 substitute 22 intern, in relation to a doctor or pharmacist, means-- 23 (a) for a doctor--a person holding limited or provisional 24 registration to practise in the medical profession under the 25 Health Practitioner Regulation National Law (ACT), for the 26 purpose of undertaking a period of supervised practice that the 27 person has started; and page 58 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Medicines, Poisons and Therapeutic Goods Regulation 2008 Part 2.15 Amendment [2.102] 1 (b) for a pharmacist--a person holding limited or provisional 2 registration to practise in the pharmacy profession under the 3 Health Practitioner Regulation National Law (ACT), for the 4 purpose of undertaking a period of supervised practice or 5 course of training, or both, to allow the person to be registered 6 to practice without supervision. 7 [2.102] Dictionary, definitions of specialist and specialist area 8 substitute 9 specialist means-- 10 (a) a person holding specialist registration to practise in the 11 medical profession under the Health Practitioner Regulation 12 National Law (ACT); or 13 (b) a person holding limited or provisional registration to practise 14 in the medical profession under the Health Practitioner 15 Regulation National Law (ACT), for the purpose of 16 undertaking a period of supervised practice under the 17 supervision of a person mentioned in paragraph (a), the 18 successful completion of which means that the person is 19 eligible for specialist registration under that Law. 20 specialist area, for a health profession, means-- 21 (a) a recognised speciality under the Health Practitioner 22 Regulation National Law (ACT); or 23 (b) a specialist area under the Health Professionals 24 Regulation 2004. Health Practitioner Regulation National Law (ACT) Bill page 59 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.15 Medicines, Poisons and Therapeutic Goods Regulation 2008 Amendment [2.103] 1 [2.103] Dictionary, definition of trainee, except examples and 2 notes 3 substitute 4 trainee, in relation to a health practitioner (other than a doctor or 5 pharmacist) means a person holding limited or provisional 6 registration to practise in a health profession under the Health 7 Practitioner Regulation National Law (ACT), for the purpose of 8 undertaking a period of supervised practice or course of training, or 9 both, to allow the person to be registered to practice without 10 supervision. 11 [2.104] Further amendments, mentions of health professional etc column 1 column 2 column 3 column 4 item provision omit substitute 1 part 14.3, note health professional health practitioner or health professional 2 schedule 1, parts 1.2 health professional health practitioner and 1.3 3 schedule 1, part 1.5 health professional health practitioner and 1.6 4 schedule 1, part 1.7, health professionals health practitioners item 1, column 3 5 schedule 1, part 1.7, health professional health practitioner item 2, column 3 6 schedule 1, part 1.11 health professional health practitioner page 60 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Mental Health (Treatment and Care) Act 1994 Part 2.16 Amendment [2.105] 1 Part 2.16 Mental Health (Treatment and 2 Care) Act 1994 3 [2.105] Section 119 (2) 4 omit 5 mental health nurse 6 substitute 7 nurse 8 [2.106] Section 119 (3), new definition of occupational therapist 9 insert 10 occupational therapist means a person registered under the Health 11 Practitioner Regulation National Law (ACT) to practise in the 12 occupational therapy profession (other than as a student). 13 (commencement: 1 July 2012) 14 [2.107] Dictionary, note 2 15 insert 16 · nurse 17 [2.108] Dictionary, definition of mental health nurse and note 18 omit 19 [2.109] Dictionary, definition of psychiatrist 20 substitute 21 psychiatrist means a doctor who is registered under the Health 22 Practitioner Regulation National Law (ACT) in the specialist area of 23 psychiatry. Health Practitioner Regulation National Law (ACT) Bill page 61 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.17 Public Health Act 1997 Amendment [2.110] 1 Part 2.17 Public Health Act 1997 2 [2.110] Section 102 (4) and (5) 3 substitute 4 (4) If a doctor or authorised nurse practitioner fails to comply with 5 subsection (1) in relation to a patient-- 6 (a) the failure is taken to be unprofessional conduct for the Health 7 Practitioner Regulation National Law (ACT); and 8 (b) the patient may make a voluntary notification about the failure 9 to the national agency under the Health Practitioner 10 Regulation National Law (ACT). 11 [2.111] Dictionary, definition of counsellor, paragraph (a) 12 substitute 13 (a) a person registered under the Health Practitioner Regulation 14 National Law (ACT) to practise in the psychology profession 15 (other than as a student); or 16 Part 2.18 Radiation Protection Act 2006 17 [2.112] Section 68 (2) (b) 18 substitute 19 (b) 1 member who is a doctor registered under the Health 20 Practitioner Regulation National Law (ACT) in the specialist 21 area of radiology; and page 62 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Transplantation and Anatomy Act 1978 Part 2.19 Amendment [2.113] 1 [2.113] Section 115 (4) (c) 2 substitute 3 (c) to-- 4 (i) a national board under the Health Practitioner Regulation 5 National Law (ACT); or 6 (ii) a health profession board under the Health Professionals 7 Act 2004; or 8 Part 2.19 Transplantation and Anatomy 9 Act 1978 10 [2.114] Section 24 (2) (a) (iii) 11 substitute 12 (iii) to a nurse or enrolled nurse employed at that hospital; and 13 [2.115] Section 25 (1) (a) (iii) 14 substitute 15 (iii) a nurse or enrolled nurse employed at that hospital; and 16 [2.116] Dictionary, note 2 17 insert 18 · doctor 19 · enrolled nurse 20 [2.117] Dictionary, definitions of enrolled nurse, medical 21 practitioner and registered nurse 22 omit Health Practitioner Regulation National Law (ACT) Bill page 63 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.19 Transplantation and Anatomy Act 1978 Amendment [2.118] 1 [2.118] Further amendments, mentions of medical practitioner 2 etc column 1 column 2 column 3 column 4 item provision omit substitute 1 section 5 (1) medical practitioner doctor 2 section 5 (2) medical practitioners doctors 3 section 10 medical practitioner doctor 4 section 13 (2) medical practitioner doctor 5 sections 14 to 19 medical practitioner doctor 6 section 21 medical practitioner doctor 7 sections 23 to 25 medical practitioner doctor 8 section 29 (1) (b) medical practitioner doctor 9 section 30 (1) medical practitioners doctors 10 sections 30 and 31 medical practitioner doctor 11 sections 34 and 35 medical practitioner doctor 12 section 40 (1) (b) medical practitioner doctor 13 section 44 (2) medical practitioner doctor 14 section 46 medical practitioner doctor 15 section 49 medical practitioner doctor page 64 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Victims of Crime (Financial Assistance) Act 1983 Part 2.20 Amendment [2.119] 1 Part 2.20 Victims of Crime (Financial 2 Assistance) Act 1983 3 [2.119] Section 30 (1) 4 substitute 5 (1) If the Territory is a party to an application by a primary victim or a 6 person responsible for the maintenance of a primary victim, it may 7 require the primary victim to undergo examination by a health 8 practitioner chosen by the victim from a list of health practitioners 9 approved by the Minister as having suitable expertise for examining 10 and treating injuries of the type allegedly suffered by the victim. 11 [2.120] Dictionary, note 2 12 insert 13 · health practitioner 14 [2.121] Dictionary, definition of health professional 15 omit 16 Part 2.21 Victims of Crime Regulation 2000 17 [2.122] Sections 8 (1) (e) and 11 (2) (b) 18 omit 19 health professions member 20 substitute 21 health practitioner member Health Practitioner Regulation National Law (ACT) Bill page 65 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.21 Victims of Crime Regulation 2000 Amendment [2.123] 1 [2.123] Section 41 (b) 2 substitute 3 (b) if the service to be provided is a health practitioners service-- 4 the person is an appropriately qualified health practitioner; and 5 [2.124] Section 43 (d) 6 substitute 7 (d) for an approved service provider who provides a health 8 practitioners service--the provider has ceased to be registered 9 as a health practitioner. 10 [2.125] Dictionary, note 2 11 insert 12 · health practitioner 13 [2.126] Dictionary, definitions of health professional, health 14 professions member and health professions service 15 substitute 16 health practitioner member--see section 8 (1) (e) (Appointed 17 members of board). 18 health practitioners service-- 19 (a) means a health service ordinarily provided by a health 20 practitioner; but 21 (b) does not include a health service ordinarily provided in the 22 ordinary course of business by people other than health 23 practitioners. page 66 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Workers Compensation Act 1951 Part 2.22 Amendment [2.127] 1 [2.127] Dictionary, definition of psychologist 2 substitute 3 psychologist means a person registered under the Health 4 Practitioner Regulation National Law (ACT) to practise in the 5 psychology profession (other than as a student). 6 Part 2.22 Workers Compensation Act 1951 7 [2.128] Dictionary, definition of chiropractor 8 substitute 9 chiropractor means a person registered under the Health 10 Practitioner Regulation National Law (ACT) to practise in the 11 chiropractic profession (other than as a student). 12 [2.129] Dictionary, definition of osteopath 13 substitute 14 osteopath means a person registered under the Health Practitioner 15 Regulation National Law (ACT) to practise in the osteopathy 16 profession (other than as a student). 17 [2.130] Dictionary, definition of physiotherapist 18 substitute 19 physiotherapist means a person registered under the Health 20 Practitioner Regulation National Law (ACT) to practise in the 21 physiotherapy profession (other than as a student). Health Practitioner Regulation National Law (ACT) Bill page 67 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 2.23 Workers Compensation Regulation 2002 Amendment [2.131] 1 Part 2.23 Workers Compensation 2 Regulation 2002 3 [2.131] New section 22 (2A) and (2B) 4 before the table , insert 5 (2A) However, before 1 July 2012, a person is qualified to provide 6 occupational therapy only if the person is eligible for membership of 7 the Australian Association of Occupational Therapists. 8 (2B) Subsection (2A) and this subsection expire on 1 July 2010. 9 [2.132] Table 22, item 1, column 3 10 substitute 11 registration in the health profession of occupational therapy under 12 the Health Practitioner Regulation National Law (ACT) 13 [2.133] Table 22, item 2, column 3 14 substitute 15 registration in the health profession of physiotherapy under the 16 Health Practitioner Regulation National Law (ACT) 17 [2.134] Table 22, item 4, column 3 18 substitute 19 registration in the health profession of psychology under the Health 20 Practitioner Regulation National Law (ACT) page 68 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Dictionary 2 (see s 3) 3 Note 1 The Legislation Act contains definitions and other provisions relevant to 4 this Act. 5 Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: 6 · ACAT 7 · Magistrates Court 8 · Minister 9 · pharmacist 10 · territory law. 11 Health Practitioner Regulation National Law (ACT) means the 12 provisions applying in this jurisdiction because of section 6. 13 Qld Act means the Health Practitioner Regulation National Law 14 Act 2009 (Qld). Health Practitioner Regulation National Law (ACT) Bill page 69 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Presentation speech Presentation speech made in the Legislative Assembly on 2009. 2 Notification Notified under the Legislation Act on 2009. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2009 page 70 Health Practitioner Regulation National Law (ACT) Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au