Australian Capital Territory Bills Explanatory Statements
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NURSES AMENDMENT BILL 2003
2003
THE
LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN
CAPITAL
TERRITORY
NURSES
AMENDMENT BILL
2003
EXPLANATORY
STATEMENT
Circulated
by authority of
Simon Corbell
MLA
Minister for
Health
EXPLANATORY
STATEMENT
Outline
This Bill amends the Nurses Act 1988 to include
nurse practitioners following the successful trial of the Nurse Practitioner
role in the ACT. The final report entitled, The ACT Nurse Practitioner
Project Final Report of the Steering Committee, recommended
regulation and endorsement of the nurse practitioner role. In line with this
recommendation, this Bill will protect the title of Nurse Practitioner, allow
Nurse Practitioners to register and allow the Nurses Board of the ACT to
accredit nurse practitioner master of nursing courses for Nurse Practitioner
education.
Revenue/Cost
Implications
There is no additional cost involved in the bill as
all infrastructure is in place under the existing regime.
Formal
Clauses
Clauses 1, 2 and 3 are formal requirements.
They deal with the name of the Bill, the commencement provisions and identifies
the Act being amended.
Clause 4
substitutes a new definition for enrolled nurse
and updates the language so that section 3 (1) (a) and (b) are covered in
this single definition. Section 3 (1) (c) is also no longer required as the
continuance of these people is brought across under clause 13.
Clause 5
substitutes a new definition for registered
nurse to include nurse practitioner and updates the language so that
section 3 (1) (a) and (b) are covered in this single definition. Section 3 (1)
(c) is also no longer required as the continuance of these people is brought
across under clause 13.
Clause
6 heading substitutes the heading to include nurse
practitioner.
Clause 7
amends section 12 (3) by substituting a new
provision that sets out the grounds on which a person is entitled to be
registered as a nurse practitioner.
Clause 8 heading substitutes the heading to
include nurse practitioner.
Clause 9
amends section 14 by substituting new wording to include a graduate
of the course of education or training for nurse practitioner nursing
which the board has discretion to register.
Clause 10 inserts the word
‘written’ prior to the word ‘notice’ to reflect current
standards of practice whereby if a significant event such as a person’s
registration is being ceased, they should be notified in
writing.
Clause 11 amends section 33 (2)
by substituting new wording to include nurse practitioner with regard to
cessation of registration. It also inserts the word ‘written’ prior
to the word ‘notice’ to reflect current standards of practice
whereby if a significant event such as a person’s registration is being
ceased, they should be notified in
writing.
Clause 12 amends section 78 (c)
by substituting new wording to include nurse
practitioner.
Clause 13 repeals a spent
transition provision and substitutes section 89 which provides for transitional
provisions for registered and enrolled nurses because of the amendment made by
Clauses 4 and 5. Under the Legislation Act, s 88, this does not undo its
transitional effect so it can be expired without affecting peoples’
status. This clause is substituted to ensure that the registration arrangements
under the previous Act are carried over to this Act. Subsequently, a
transitional class of people do not have to be mentioned in the definitions of
enrolled nurse and registered nurse in the Act, s 3 (1). It also inserts two
new sections, section 90 dealing with continuation of certain enrolments and
section 91 dealing with the expiry date for the
section.
Clause 14 omits any mention of
mental health nurse or midwife and substitutes it with mental health nurse,
midwife or nurse practitioner in sections 13 (1), 15 (1),
19 (2) and (4), 21 (1), 23, 25 and 27. This
completes the work of including nurse practitioners as a category of registered
nurse in the ACT.
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