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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Health
Insurance Amendment (Diagnostic Imaging, Radiation Oncology and Other Measures)
Bill 2002
No. ,
2002
(Health and
Ageing)
A Bill for an Act to amend the
Health Insurance Act 1973, and for related purposes
Contents
Health Insurance Act
1973 3
Health Insurance Act
1973 21
Health Insurance Act
1973 39
Health Insurance Act
1973 46
A Bill for an Act to amend the Health Insurance Act
1973, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Health Insurance Amendment (Diagnostic
Imaging, Radiation Oncology and Other Measures) Act 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1 |
The day on which this Act receives the Royal Assent |
|
|
3. Schedule 2 |
Immediately after the commencement of Schedule 1 to this Act |
|
|
4. Schedules 3 and 4 |
The day on which this Act receives the Royal Assent |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 3(1)
Insert:
ABN has the meaning given by section 41 of the A New
Tax System (Australian Business Number) Act 1999.
2 Subsection 3(1)
Insert:
base for mobile diagnostic imaging equipment has the meaning
given by section 23DZL.
3 Subsection 3(1)
Insert:
diagnostic imaging premises has the meaning given by
section 23DZM.
4 Subsection 3(1)
Insert:
Diagnostic Imaging Register means the Register kept under
section 23DZK.
5 Subsection 3(1)
Insert:
listed, in relation to diagnostic imaging equipment, has the
meaning given by subsections 16D(4) and (5).
6 Subsection 3(1)
Insert:
ordinarily located:
(a) in relation to diagnostic imaging premises—has a meaning
affected by subsection 16D(6); and
(b) in relation to bases for mobile diagnostic imaging equipment—has
a meaning affected by subsection 16D(8).
7 Subsection 3(1)
Insert:
primary information, for the purposes of Division 4 of
Part IIB, has the meaning given by section 23DZR.
8 Subsection 3(1) (definition of
proprietor)
Repeal the definition, substitute:
proprietor:
(a) in relation to a pathology laboratory, means the person or authority
having effective control of:
(i) the laboratory premises, whether or not the holder of an estate or
interest in the premises; and
(ii) the use of equipment used in the laboratory; and
(iii) the employment of staff in the laboratory; and
(b) in relation to diagnostic imaging premises or a base for mobile
diagnostic imaging equipment—has the meaning given by
section 23DZO.
9 Subsection 3(1)
Insert:
registered:
(a) in relation to diagnostic imaging premises—has the meaning given
by subsection 16D(2); and
(b) in relation to a base for mobile diagnostic imaging
equipment—has the meaning given by subsection 16D(3).
10 After section 16C
Insert:
(1) Unless the Minister otherwise directs, a medicare benefit is not
payable in respect of a diagnostic imaging service rendered by or on behalf of a
medical practitioner unless the diagnostic imaging procedure used in rendering
that service is:
(a) carried out using diagnostic imaging equipment that:
(i) is ordinarily located at registered diagnostic imaging premises;
and
(ii) is of a type that, on the day on which the procedure is carried out,
is listed for the premises; or
(b) carried out using diagnostic imaging equipment that:
(i) is ordinarily located at a registered base for mobile diagnostic
imaging equipment when not in use; and
(ii) is not ordinarily located at diagnostic imaging premises;
and
(iii) is of a type that, on the day on which the procedure is carried out,
is listed for the base.
Meaning of registered diagnostic imaging premises and
registered base for mobile diagnostic imaging equipment
(2) Diagnostic imaging premises are registered at a
particular time if a registration for the premises under Division 4 of
Part IIB is in effect at that time.
(3) A base for mobile diagnostic imaging equipment is registered
at a particular time if a registration for the base under
Division 4 of Part IIB is in effect at that time.
What equipment is listed for premises or a base?
(4) Diagnostic imaging equipment is of a type listed for
particular diagnostic imaging premises at a particular time if, at that
time:
(a) the Diagnostic Imaging Register states that equipment of a particular
type is ordinarily located at the premises; and
(b) the equipment is of that type.
(5) Diagnostic imaging equipment is of a type listed for a
particular base for mobile diagnostic imaging equipment at a particular time if,
at that time:
(a) the Diagnostic Imaging Register states that pieces of equipment of a
particular type are ordinarily located at the base when not in use and not
ordinarily located at diagnostic imaging premises; and
(b) the equipment is of that type.
Some circumstances in which diagnostic imaging equipment is taken to be
ordinarily located at diagnostic imaging premises
(6) Diagnostic imaging equipment is taken to be ordinarily located
at diagnostic imaging premises if:
(a) the equipment is:
(i) on trial at the premises for a period of not more than 3 months;
and
(ii) of the same type as equipment listed for the premises during the
period of the trial; or
(b) each of the following circumstances exist:
(i) the equipment (the substituted equipment) is used, for a
period of not more than 3 months, in substitution for diagnostic imaging
equipment that is not in operation;
(ii) the substituted equipment is of the same type as the equipment that
is not in operation;
(iii) the equipment that is not in operation is ordinarily located at the
premises.
(7) Nothing in subsection (6) limits the circumstances in which
diagnostic imaging equipment is ordinarily located at diagnostic imaging
premises for the purposes of this Part or Division 4 of
Part IIB.
Some circumstances in which diagnostic imaging equipment is taken to be
ordinarily located at a base for mobile diagnostic imaging equipment when
not in use and not ordinarily located at diagnostic imaging
premises
(8) Diagnostic imaging equipment is taken to be ordinarily located
at a base for mobile diagnostic imaging equipment when not in use, and
not ordinarily located at diagnostic imaging premises, if:
(a) the equipment is:
(i) on trial through the base for a period of not more than 3 months;
and
(ii) not ordinarily located, or taken to be ordinarily located, at
diagnostic imaging premises during the period of the trial; and
(iii) of the same type as equipment listed for the base during the period
of the trial; or
(b) each of the following circumstances exist:
(i) the equipment (the substituted equipment) is used, for a
period of not more than 3 months, in substitution for diagnostic imaging
equipment that is not in operation;
(ii) the substituted equipment is of the same type as the equipment that
is not in operation;
(iii) the equipment that is not in operation is ordinarily located at the
base when not in use and not ordinarily located at diagnostic imaging
premises.
(9) Nothing in subsection (8) limits the circumstances in which
diagnostic imaging equipment is ordinarily located at a base for mobile
diagnostic imaging equipment, but not ordinarily located at diagnostic imaging
premises, for the purposes of this Part or Division 4 of
Part IIB.
If, but for this section, medicare benefit would not be payable in
respect of a diagnostic imaging service rendered by or on behalf of a medical
practitioner because the diagnostic imaging procedure used in rendering that
service is:
(a) carried out using diagnostic imaging equipment that is ordinarily
located at diagnostic imaging premises the registration of which has been
suspended; or
(b) carried out using diagnostic imaging equipment that:
(i) when not in use, is ordinarily located at a base for mobile diagnostic
imaging equipment the registration of which is suspended; and
(ii) is not ordinarily located at diagnostic imaging premises;
medicare benefit becomes payable in respect of the service when the
suspension ceases to have effect, provided the suspension does not cease to have
effect because the registration is cancelled under section 23DZY.
11 At the end of
Part IIB
Add:
(1) The Minister must keep a Diagnostic Imaging Register.
(2) The Register is kept for the following purposes:
(a) gathering information on the provision of diagnostic imaging services,
including (but not limited to) the structure of medical practices connected
with the provision of those services, for the purposes of planning
and developing the Commonwealth medicare benefits program;
(b) identifying whether medicare benefit is payable for a particular
diagnostic imaging service rendered to a person;
(c) assisting in identifying whether inappropriate practice (as defined
for the purposes of Part VAA of this Act) is taking place;
(d) assisting in identifying whether prohibited diagnostic imaging
practices are taking place.
Premises are a base for mobile diagnostic imaging equipment
if:
(a) diagnostic imaging equipment is ordinarily located at the premises
when not in use; and
(b) the diagnostic imaging procedures carried out using the equipment are
not carried out at the premises; and
(c) the diagnostic imaging procedures carried out using the equipment are
carried out under a single business name.
Diagnostic imaging premises means a building or a part of a
building at which diagnostic imaging procedures are carried out under a single
business name.
(1) The proprietor of diagnostic imaging premises may apply to the
Minister for the registration of the premises.
(2) The proprietor of a base for mobile diagnostic imaging equipment may
apply to the Minister for registration of the base.
(1) The proprietor of diagnostic imaging premises is the
person or government agency who has effective control of:
(a) the premises, whether or not the holder of an estate or interest in
the premises; and
(b) the use of the diagnostic imaging equipment used at the premises;
and
(c) the employment of staff (including medical practitioners) connected
with the premises.
(2) The proprietor of a base for mobile diagnostic imaging
equipment is the person or government agency who has effective control
of:
(a) the base, whether or not the holder of an estate or interest in the
base; and
(b) the use of diagnostic imaging equipment ordinarily located at the base
when not in use; and
(c) the employment of staff (including medical practitioners) connected
with the base.
(3) In this section:
employment includes:
(a) appointment or employment by the Commonwealth, a State or Territory;
and
(b) appointment or employment by a government agency; and
(c) full-time, part-time and casual work; and
(d) work under a contract for services.
government agency includes:
(a) a Department of the Commonwealth or of a State or Territory;
and
(b) an authority (incorporated or unincorporated) established for a public
purpose by or under a Commonwealth, State or Territory law.
Note: Section 23DZZI contains rules on the application
of this Division to partnerships.
(1) An application for registration of diagnostic imaging premises or a
base for mobile diagnostic imaging equipment must:
(a) be in writing; and
(b) be in accordance with the approved form; and
(c) include the primary information; and
(d) include the other information prescribed for the purposes of this
paragraph.
(2) Information may only be prescribed if it is relevant to the purposes
for which the Register is kept.
(1) If an application for registration of diagnostic imaging premises or a
base for mobile diagnostic imaging equipment is properly made, the Minister must
register the premises or base by:
(a) allocating a unique location specific practice number to the premises
or base; and
(b) including the following information on the Register:
(i) the location specific practice number for the premises or
base;
(ii) the day on which the registration takes effect;
(iii) the primary information;
(iv) the other information prescribed for the purposes of this
subparagraph.
(2) Registration takes effect on:
(a) the day on which the application is properly made; or
(b) the day specified by the applicant in the application;
whichever is later.
(3) Registration ceases to have effect on the day on which it is
cancelled.
(4) Registration does not have effect while it is suspended.
(5) Information may only be prescribed if it is relevant to the purposes
for which the Register is kept.
(6) The Minister must notify the proprietor, in writing, of:
(a) the location specific practice number for the premises or base;
and
(b) the date on which registration takes effect;
within 28 days after the application for registration is properly
made.
(1) The following information is primary
information:
(a) details of the proprietor (including, where the proprietor is a
company, its Australian Company Number) of the diagnostic imaging premises or
the base for mobile diagnostic imaging equipment (as the case
requires);
(b) the business name under which diagnostic imaging procedures are
carried out;
(c) the ABN under which diagnostic imaging procedures are carried
out:
(i) in the case of diagnostic imaging premises—using diagnostic
imaging equipment that is ordinarily located at the premises; or
(ii) in the case of a base for mobile diagnostic imaging
equipment—using diagnostic imaging equipment ordinarily located at the
base when not in use that is not ordinarily located at diagnostic imaging
premises;
(d) in the case of diagnostic imaging premises:
(i) the address of the premises; and
(ii) a statement identifying the types of diagnostic imaging equipment
ordinarily located at the premises;
(e) in the case of a base for mobile diagnostic imaging
equipment:
(i) the address of the base; and
(ii) the address of the proprietor; and
(iii) a statement identifying the type of each piece of diagnostic imaging
equipment that is ordinarily located at the base when not in use and is not
ordinarily located at diagnostic imaging premises;
(f) details of the legal relationships that give rise to a right to use
the equipment.
(2) The regulations may prescribe types of diagnostic imaging equipment
for the purposes of this section.
The Register may be maintained electronically.
(1) A person may, for the purposes of determining whether medicare benefit
is likely to be payable in respect of a particular diagnostic imaging service,
request an extract of the Register in relation to diagnostic imaging premises or
a base for mobile diagnostic imaging equipment specified in the
request.
(2) An extract of the Register containing the following information must
be made available to the person on that request:
(a) the business name under which diagnostic imaging procedures are
carried out at the premises or using equipment listed for the base;
(b) the address of the premises or base;
(c) the location specific practice number for the premises or
base;
(d) if a suspension of the registration of the premises or base is in
effect at the time the extract is given—a statement of that fact and the
date on which the suspension took effect;
(e) if a cancellation of the registration of the premises or base is in
effect at the time the extract is given—a statement of that fact and the
date on which the cancellation took effect.
The Minister may publish on the Internet an extract of the Register
containing the following information in relation to diagnostic imaging premises
or a base for mobile diagnostic imaging equipment:
(a) the business name under which diagnostic imaging procedures are
carried out using equipment listed for the premises or the base;
(b) the address of the premises or base;
(c) the location specific practice number for the premises or
base;
(d) a statement identifying the periods during which the current or a
previous registration has had effect.
(1) The proprietor of registered diagnostic imaging premises must notify
the Minister in writing of changes to the primary information in relation to the
premises within 28 days after the change occurs.
(2) The proprietor of a registered base for mobile diagnostic imaging
equipment must notify the Minister of changes to the primary information in
relation to the base within 28 days after the change occurs.
(1) The Minister may give notice in writing to the proprietor of
registered diagnostic imaging premises or a registered base for mobile
diagnostic imaging equipment, requesting the proprietor to give the Minister
information of the kind specified in the notice.
(2) The information must be given to the Minister:
(a) within 28 days after the notice is given; or
(b) if a longer period is specified in the notice—within that longer
period.
This is the response period.
(3) The kinds of information specified in the notice must be
relevant to the purposes for which the Register is kept.
(1) The Minister must suspend the registration of diagnostic imaging
premises or a base for mobile diagnostic imaging equipment if the proprietor of
the premises or base has failed to comply with a request for information under
section 23DZW within the response period.
(2) The suspension takes effect on the day after the end of the response
period.
(3) The suspension ceases to have effect:
(a) if the request is complied with within 3 months after the end of the
response period (the compliance period)—on the day on which
it is complied with; or
(b) if the registration of the premises or base is cancelled because the
proprietor fails to comply with the request within the compliance
period—on the day immediately after the end of that period.
(4) The Minister must give the proprietor notice in writing that the
registration of the premises or base has been suspended.
(5) The Minister must note the day on which the suspension takes effect on
the Register.
(1) The Minister must cancel the registration of registered diagnostic
imaging premises or a registered base for mobile diagnostic imaging equipment if
the proprietor of the premises or base fails to comply with a request for
information under section 23DZW within the compliance period.
(2) The cancellation takes effect on the day immediately after the end of
the response period.
(3) The Minister must give the proprietor written notice of the
cancellation.
(1) The Minister must cancel the registration of diagnostic imaging
premises or a base for mobile diagnostic imaging equipment if the proprietor
requests, in writing, the Minister to do so.
(2) The cancellation takes effect on:
(a) the day immediately after the request is given to the Minister;
or
(b) the day specified by the proprietor in the request;
whichever is later.
(1) The Minister may cancel the registration of diagnostic imaging
premises or a base for mobile diagnostic imaging equipment if:
(a) the registration was obtained improperly; or
(b) the proprietor has failed to notify the Minister of changes to primary
information.
(2) The Minister must give the proprietor notice in writing of the
Minister’s decision to cancel the registration of the premises or
base.
(3) The Minister must set out his or her reasons for the decision in that
notice.
(4) The cancellation takes effect on:
(a) the day on which the Minister gives the proprietor the notice;
or
(b) the day specified in the notice;
whichever is later.
If the registration of diagnostic imaging premises or a base for mobile
diagnostic imaging equipment is cancelled, the Minister must note the day on
which the cancellation takes effect on the Register.
(1) If the registration of diagnostic imaging premises or a base for
mobile diagnostic imaging equipment is cancelled under section 23DZY or
23DZZA, the proprietor is not entitled to apply for registration of the premises
or base within a period of 12 months after the cancellation without the
Minister’s permission.
(2) In deciding whether to permit the proprietor to apply to have the
premises or base registered, the Minister must take into account
whether:
(a) the act or omission that gave rise to the cancellation was
inadvertent; and
(b) it is reasonable to conclude, in all the circumstances, that the
proprietor will comply with this Division in making the application and after
registration of the premises or base.
(3) If the Minister decides not to permit the proprietor to apply to have
the premises or base registered, the Minister must give the proprietor notice in
writing of the fact.
(4) The Minister must set out his or her reasons for the decision in that
notice.
(1) Before cancelling the registration of diagnostic imaging premises or a
base for mobile diagnostic imaging equipment under section 23DZZA, the
Minister must invite the proprietor of the premises or base to make a
submission to the Minister giving reasons why that action should not be
taken.
(2) The invitation must be given by notice in writing to the
proprietor.
(3) The submission must be given in writing to the Minister:
(a) within 28 days after the notice is given; or
(b) if a longer period is specified in the notice—within that longer
period.
(1) Application may be made to the Administrative Appeals Tribunal for
review of a decision:
(a) to cancel the registration of diagnostic imaging premises or a base
for mobile diagnostic imaging equipment under section 23DZZA; and
(b) not to permit a proprietor to apply for registration of diagnostic
imaging premises or a base for mobile diagnostic imaging equipment under
section 23DZZC.
(2) The application must be made:
(a) where the decision is to cancel the registration of the premises or
base under section 23DZZA—within 28 days after the notice of the
decision is given to the proprietor under that section; and
(b) where the decision is not to permit the proprietor of the premises or
base to apply for registration of the premises or base under
section 23DZZC—within 28 days after the notice of the decision is
given to the proprietor under that section.
(1) The proprietor of diagnostic imaging premises commits an offence if a
diagnostic imaging procedure is carried out on a person under the following
circumstances:
(a) the procedure is carried out either at the premises or elsewhere using
equipment that is ordinarily located at the premises; and
(b) the premises are not registered; and
(c) the proprietor has neither:
(i) given the person notice in writing that medicare benefit will not be
payable for a diagnostic imaging service rendered using the procedure;
nor
(ii) caused written notice to that effect to be displayed prominently at
the place where the procedure is carried out.
Maximum penalty: 10 penalty units.
(2) Strict liability applies to all of the physical elements of the
offence.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(1) The proprietor of a base for mobile diagnostic imaging equipment
commits an offence if a diagnostic imaging procedure is carried out on a person
under the following circumstances:
(a) the procedure is carried out using equipment that is ordinarily
located at the base when not in use, and is not ordinarily located at diagnostic
imaging premises; and
(b) the base is not registered; and
(c) the proprietor has neither:
(i) given the person notice in writing that medicare benefit will not be
payable for a diagnostic imaging service rendered using the procedure;
nor
(ii) caused written notice to that effect to be displayed prominently at
the place where the procedure is carried out.
Maximum penalty: 10 penalty units.
(2) Strict liability applies to all of the physical elements of the
offence.
Note: For strict liability, see
section 6.1 of the Criminal Code.
If:
(a) a procedure used in rendering a diagnostic imaging service is carried
out in the following circumstances:
(i) the procedure is carried out using diagnostic imaging equipment that
is ordinarily located at diagnostic imaging premises that are not registered;
or
(ii) the procedure is carried out using diagnostic imaging equipment that,
when not in use, is ordinarily located at an unregistered base for mobile
diagnostic imaging equipment and the equipment is not ordinarily located at
diagnostic imaging premises; and
(b) the proprietor of the premises or base failed to inform the person to
whom the diagnostic imaging service was rendered that no medicare benefit would
be payable for the service; and
(c) the Minister makes a direction under subsection 16D(1) that medicare
benefit will be paid for the service;
an amount equal to the medicare benefit is recoverable from the proprietor
as a debt due to the Commonwealth.
(1) Where a partnership, rather than a person or government agency, is in
effective control of:
(a) diagnostic imaging premises, whether or not the holder of an estate or
interest in the premises; and
(b) the use of the diagnostic imaging equipment used at the premises;
and
(c) the employment of staff (including medical practitioners) connected
with the premises;
each partner in the partnership is taken to be a proprietor
of the premises for the purposes of this Division.
(2) Where a partnership, rather than a person or government agency, is in
effective control of:
(a) a base for mobile diagnostic imaging equipment, whether or not the
holder of an estate or interest in the base; and
(b) the use of diagnostic imaging equipment ordinarily located at the base
when not in use; and
(c) the employment of staff (including medical practitioners) connected
with the base;
each partner in the partnership is taken to be a proprietor
of the premises for the purposes of this Division.
(3) However:
(a) an obligation under this Division, although imposed on each partner in
the partnership, may be discharged by any of them; and
(b) a right under this Division, if exercised by one of the partners in
the partnership, is taken to have been exercised on behalf of all of them;
and
(c) no more than one partner may be punished for one offence under this
Part.
(4) In this section:
employment has the same meaning as in
section 23DZO.
government agency has the same meaning as in
section 23DZO.
12 Transitional provisions
(1) The amendment made by item 10 of this Schedule applies to
diagnostic imaging services rendered using diagnostic imaging procedures carried
out after 30 April 2003.
(2) The amendment made by item 11 of this Schedule, to the extent that
it adds sections 23DZZF, 23DZZG and 23DZZH to the Health Insurance Act
1973, applies to diagnostic imaging procedures carried out after
30 April 2003.
1 Subsection 3(1)
Insert:
base for mobile radiation oncology equipment has the meaning
given by section 23DZZK.
2 Subsection 3(1) (definition of
listed)
Repeal the definition, substitute:
listed:
(a) in relation to diagnostic imaging equipment—has the meaning
given by subsections 16D(4) and (5); and
(b) in relation to radiation oncology equipment—has the meaning
given by subsections 16F(6) and (7).
3 Subsection 3(1) (at the end of the definition
of ordinarily located)
Add:
; and (c) in relation to radiation oncology premises—has a meaning
affected by subsection 16F(8); and
(d) in relation to bases for mobile radiation oncology equipment—has
a meaning affected by subsection 16F(10).
4 Subsection 3(1) (definition of primary
information)
Repeal the definition, substitute:
primary information:
(a) for the purposes of Division 4 of Part IIB—has the
meaning given by section 23DZR; and
(b) for the purposes of Part IIC—has the meaning given by
section 23DZZQ.
5 Subsection 3(1) (at the end of the definition
of proprietor)
Add:
; and (c) in relation to radiation oncology premises or a base for mobile
radiation oncology equipment—has the meaning given by
section 23DZZN.
6 Subsection 3(1)
Insert:
radiation oncology equipment means equipment that is
primarily used in rendering a radiation oncology service.
7 Subsection 3(1)
Insert:
radiation oncology premises has the meaning given by
section 23DZZL.
8 Subsection 3(1)
Insert:
Radiation Oncology Register means the Register kept under
section 23DZZJ.
9 Subsection 3(1)
Insert:
radiation oncology service has the meaning given by
subsection 16F(2).
10 Subsection 3(1) (at the end of the definition
of registered)
Add:
; and (c) in relation to radiation oncology premises—has the meaning
given by subsection 16F(4); and
(d) in relation to a base for mobile radiation oncology
equipment—has the meaning given by subsection 16F(5).
11 After section 16E
Insert:
(1) Unless the Minister otherwise directs, a medicare benefit is not
payable in respect of a radiation oncology service rendered by or on behalf of a
medical practitioner unless the service is:
(a) rendered using radiation oncology equipment that:
(i) is ordinarily located at registered radiation oncology premises;
and
(ii) is of a type that, on the day on which the service is rendered, is
listed for the premises; or
(b) rendered using radiation oncology equipment that:
(i) is ordinarily located at a registered base for mobile radiation
oncology equipment when not in use; and
(ii) is not ordinarily located at radiation oncology premises;
and
(iii) is of a type that, on the day on which the service is rendered, is
listed for the base.
Meaning of radiation oncology service
(2) A radiation oncology service is a service prescribed as
a radiation oncology service.
(3) Radiation oncology services may be prescribed by reference to items in
the general medical services table.
Meaning of registered radiation oncology premises and
registered base for mobile radiation oncology equipment
(4) Radiation oncology premises are registered at a
particular time if a registration for the premises under Part IIC is in
effect at that time.
(5) A base for mobile radiation oncology equipment is registered
at a particular time if a registration for the base under Part IIC
is in effect at that time.
What equipment is listed for premises or a base?
(6) Radiation oncology equipment is of a type listed for
particular radiation oncology premises at a particular time if, at that
time:
(a) the Radiation Oncology Register states that equipment of a particular
type is ordinarily located at the premises; and
(b) the equipment is of that type.
(7) Radiation oncology equipment is of a type listed for a
particular base for mobile radiation oncology equipment at a particular time if,
at that time:
(a) the Radiation Oncology Register states that pieces of equipment of a
particular type are ordinarily located at the base when not in use and not
ordinarily located at radiation oncology premises; and
(b) the equipment is of that type.
Some circumstances in which radiation oncology equipment is taken to be
ordinarily located at radiation oncology premises
(8) Radiation oncology equipment is taken to be ordinarily located
at radiation oncology premises if:
(a) the equipment is:
(i) on trial at the premises for a period of not more than 3 months;
and
(ii) of the same type as equipment listed for the premises during the
period of the trial; or
(b) each of the following circumstances exist:
(i) the equipment (the substituted equipment) is used, for a
period of not more than 3 months, in substitution for radiation oncology
equipment that is not in operation;
(ii) the substituted equipment is of the same type as the equipment that
is not in operation;
(iii) the equipment that is not in operation is ordinarily located at the
premises.
(9) Nothing in subsection (8) limits the circumstances in which
radiation oncology equipment is ordinarily located at radiation oncology
premises for the purposes of this Part or Part IIC.
Some circumstances in which radiation oncology equipment is taken to be
ordinarily located at a base for mobile radiation oncology equipment when
not in use and not ordinarily located at radiation oncology
premises
(10) Radiation oncology equipment is taken to be ordinarily located
at a base for mobile radiation oncology equipment when not in use, and
not ordinarily located at radiation oncology premises, if:
(a) the equipment is:
(i) on trial through the base for a period of not more than 3 months;
and
(ii) not ordinarily located, or taken to be ordinarily located, at
radiation oncology premises during the period of the trial; and
(iii) of the same type as equipment listed for the base during the period
of the trial; or
(b) each of the following circumstances exist:
(i) the equipment (the substituted equipment) is used, for a
period of not more than 3 months, in substitution for radiation oncology
equipment that is not in operation;
(ii) the substituted equipment is of the same type as the equipment that
is not in operation;
(iii) the equipment that is not in operation is ordinarily located at the
base when not in use and not ordinarily located at radiation oncology
premises.
(11) Nothing in subsection (10) limits the circumstances in which
radiation oncology equipment is ordinarily located at a base for mobile
radiation oncology equipment, but not ordinarily located at radiation oncology
premises, for the purposes of this Part or Part IIC.
If, but for this section, medicare benefit would not be payable in
respect of a radiation oncology service rendered by or on behalf of a medical
practitioner because the service is:
(a) rendered using radiation oncology equipment that is ordinarily located
at radiation oncology premises the registration of which has been suspended;
or
(b) rendered using radiation oncology equipment that:
(i) when not in use, is ordinarily located at a base for mobile radiation
oncology equipment the registration of which is suspended; and
(ii) is not ordinarily located at radiation oncology premises;
medicare benefit becomes payable in respect of the service when the
suspension ceases to have effect, provided the suspension does not cease to have
effect because the registration is cancelled under
section 23DZZX.
12 After Part IIB
Insert:
(1) The Minister must keep a Radiation Oncology Register.
(2) The Register is kept for the following purposes:
(a) gathering information on the provision of radiation oncology services,
including (but not limited to) the structure of medical practices connected
with the provision of those services, for the purposes of planning
and developing the Commonwealth medicare benefits program;
(b) identifying whether medicare benefit is payable for a particular
radiation oncology service rendered to a person;
(c) assisting in identifying whether inappropriate practice (as defined
for the purposes of Part VAA of this Act) is taking place.
Premises are a base for mobile radiation oncology equipment
if:
(a) radiation oncology equipment is ordinarily located at the premises
when not in use; and
(b) the radiation oncology services rendered using the equipment are not
rendered at the premises; and
(c) the radiation oncology services rendered using the equipment are
rendered under a single business name.
Radiation oncology premises means a building or part of a
building at which radiation oncology procedures are carried out under a single
business name.
(1) The proprietor of radiation oncology premises may apply to the
Minister for the registration of the premises.
(2) The proprietor of a base for mobile radiation oncology equipment may
apply to the Minister for registration of the base.
(1) The proprietor of radiation oncology premises is the
person or government agency who has effective control of:
(a) the premises, whether or not the holder of an estate or interest in
the premises; and
(b) the use of the radiation oncology equipment used at the premises;
and
(c) the employment of staff (including medical practitioners) connected
with the premises.
(2) The proprietor of a base for mobile radiation oncology
equipment is the person or government agency who has effective control
of:
(a) the base, whether or not the holder of an estate or interest in the
base; and
(b) the use of radiation oncology equipment ordinarily located at the base
when not in use; and
(c) the employment of staff (including medical practitioners) connected
with the base.
(3) In this section:
employment includes:
(a) appointment or employment by the Commonwealth, a State or Territory;
and
(b) appointment or employment by a government agency; and
(c) full-time, part-time and casual work; and
(d) work under a contract for services.
government agency includes:
(a) a Department of the Commonwealth or of a State or Territory;
and
(b) an authority (incorporated or unincorporated) established for a public
purpose by or under a Commonwealth, State or Territory law.
Note: Section 23DZZZH contains rules on the application
of this Part to partnerships.
(1) An application for registration of radiation oncology premises or a
base for mobile radiation oncology equipment must:
(a) be in writing; and
(b) be in accordance with the approved form; and
(c) include the primary information; and
(d) include the other information prescribed for the purposes of this
paragraph.
(2) Information may only be prescribed if it is relevant to the purposes
for which the Register is kept.
(1) If an application for registration of radiation oncology premises or a
base for mobile radiation oncology equipment is properly made, the Minister must
register the premises or base by:
(a) allocating a unique location specific practice number to the premises
or base; and
(b) including the following information on the Register:
(i) the location specific practice number for the premises or
base;
(ii) the day on which the registration takes effect;
(iii) the primary information;
(iv) the other information prescribed for the purposes of this
subparagraph.
(2) Registration takes effect on:
(a) the day on which the application is properly made; or
(b) the day specified by the applicant in the application;
whichever is later.
(3) Registration ceases to have effect on the day on which it is
cancelled.
(4) Registration does not have effect while it is suspended.
(5) Information may only be prescribed if it is relevant to the purposes
for which the Register is kept.
(6) The Minister must notify the proprietor, in writing, of:
(a) the location specific practice number for the premises or base;
and
(b) the date on which registration takes effect;
within 28 days after the application for registration is properly
made.
(1) The following information is primary
information:
(a) details of the proprietor (including, where the proprietor is a
company, its Australian Company Number) of the radiation oncology premises or
the base for mobile radiation oncology equipment (as the case
requires);
(b) the business name under which radiation oncology services are
rendered;
(c) the ABN under which radiation oncology services are
rendered:
(i) in the case of radiation oncology premises—using radiation
oncology equipment that is ordinarily located at the premises; or
(ii) in the case of a base for mobile radiation oncology
equipment—using radiation oncology equipment ordinarily located at the
base when not in use that is not ordinarily located at radiation oncology
premises;
(d) in the case of radiation oncology premises:
(i) the address of the premises; and
(ii) a statement identifying the types of radiation oncology equipment
ordinarily located at the premises;
(e) in the case of a base for mobile radiation oncology
equipment:
(i) the address of the base; and
(ii) the address of the proprietor; and
(iii) a statement identifying the type of each piece of radiation oncology
equipment that is ordinarily located at the base when not in use and is not
ordinarily located at radiation oncology premises;
(f) details of the legal relationships that give rise to a right to use
the equipment.
(2) The regulations may prescribe types of radiation oncology equipment
for the purposes of this section.
The Register may be maintained electronically.
(1) A person may, for the purposes of determining whether medicare benefit
is likely to be payable in respect of a particular radiation oncology service,
request an extract of the Register in relation to radiation oncology premises or
a base for mobile radiation oncology equipment specified in the
request.
(2) An extract of the Register containing the following information must
be made available to the person on that request:
(a) the business name under which radiation oncology services are rendered
at the premises or using equipment listed for the base;
(b) the address of the premises or base;
(c) the location specific practice number for the premises or
base;
(d) if a suspension of the registration of the premises or base is in
effect at the time the extract is given—a statement of that fact and the
date on which the suspension took effect;
(e) if a cancellation of the registration of the premises or base is in
effect at the time the extract is given—a statement of that fact and the
date on which the cancellation took effect.
The Minister may publish on the Internet an extract of the Register
containing the following information in relation to radiation oncology premises
or a base for mobile radiation oncology equipment:
(a) the business name under which radiation oncology procedures are
carried out using equipment listed for the premises or the base;
(b) the address of the premises or base;
(c) the location specific practice number for the premises or
base;
(d) a statement identifying the periods during which the current or a
previous registration has had effect.
(1) The proprietor of registered radiation oncology premises must notify
the Minister in writing of changes to the primary information in relation to the
premises within 28 days after the change occurs.
(2) The proprietor of a registered base for mobile radiation oncology
equipment must notify the Minister of changes to the primary information in
relation to the base within 28 days after the change occurs.
(1) The Minister may give notice in writing to the proprietor of
registered radiation oncology premises or a registered base for mobile radiation
oncology equipment, requesting the proprietor to give the Minister information
of the kind specified in the notice.
(2) The information must be given to the Minister:
(a) within 28 days after the notice is given; or
(b) if a longer period is specified in the notice—within that longer
period.
This is the response period.
(3) The kinds of information specified in the notice must be
relevant to the purposes for which the Register is kept.
(1) The Minister must suspend the registration of radiation oncology
premises or a base for mobile radiation oncology equipment if the proprietor of
the premises or base has failed to comply with a request for information under
section 23DZZV within the response period.
(2) The suspension takes effect on the day after the end of the response
period.
(3) The suspension ceases to have effect:
(a) if the request is complied with within 3 months after the end of the
response period (the compliance period)—on the day on which
it is complied with; or
(b) if the registration of the premises or base is cancelled because the
proprietor fails to comply with the request within the compliance
period—on the day immediately after the end of that period.
(4) The Minister must give the proprietor notice in writing that the
registration of the premises or base has been suspended.
(5) The Minister must note the day on which the suspension takes effect on
the Register.
(1) The Minister must cancel the registration of registered radiation
oncology premises or a registered base for mobile radiation oncology equipment
if the proprietor of the premises or base fails to comply with a request for
information under section 23DZZV within the compliance period.
(2) The cancellation takes effect on the day immediately after the end of
the response period.
(3) The Minister must give the proprietor written notice of the
cancellation.
(1) The Minister must cancel the registration of radiation oncology
premises or a base for mobile radiation oncology equipment if the proprietor
requests, in writing, the Minister to do so.
(2) The cancellation takes effect on:
(a) the day immediately after the request is given to the Minister;
or
(b) the day specified by the proprietor in the request;
whichever is later.
(1) The Minister may cancel the registration of radiation oncology
premises or a base for mobile radiation oncology equipment if:
(a) the registration was obtained improperly; or
(b) the proprietor has failed to notify the Minister of changes to primary
information.
(2) The Minister must give the proprietor notice in writing of the
Minister’s decision to cancel the registration of the premises or
base.
(3) The Minister must set out his or her reasons for the decision in that
notice.
(4) The cancellation takes effect on:
(a) the day on which the Minister gives the proprietor the notice;
or
(b) the day specified in the notice;
whichever is later.
If the registration of radiation oncology premises or a base for mobile
radiation oncology equipment is cancelled, the Minister must note the day on
which the cancellation takes effect on the Register.
(1) If the registration of radiation oncology premises or a base for
mobile radiation oncology equipment is cancelled under section 23DZZX or
23DZZZ, the proprietor is not entitled to apply for registration of the premises
or base within a period of 12 months after the cancellation without the
Minister’s permission.
(2) In deciding whether to permit the proprietor to apply to have the
premises or base registered, the Minister must take into account
whether:
(a) the act or omission that gave rise to the cancellation was
inadvertent; and
(b) it is reasonable to conclude, in all the circumstances, that the
proprietor will comply with this Part in making the application and after
registration of the premises or base.
(3) If the Minister decides not to permit the proprietor to apply to have
the premises or base registered, the Minister must give the proprietor notice in
writing of the fact.
(4) The Minister must set out his or her reasons for the decision in that
notice.
(1) Before cancelling the registration of radiation oncology premises or a
base for mobile radiation oncology equipment under section 23DZZZ, the
Minister must invite the proprietor of the premises or base to make a
submission to the Minister giving reasons why that action should not be
taken.
(2) The invitation must be given by notice in writing to the
proprietor.
(3) The submission must be given in writing to the Minister:
(a) within 28 days after the notice is given; or
(b) if a longer period is specified in the notice—within that longer
period.
(1) Application may be made to the Administrative Appeals Tribunal for
review of a decision:
(a) to cancel the registration of radiation oncology premises or a base
for mobile radiation oncology equipment under section 23DZZZ; and
(b) not to permit a proprietor to apply for registration of radiation
oncology premises or a base for mobile radiation oncology equipment under
section 23DZZZB.
(2) The application must be made:
(a) where the decision is to cancel the registration of the premises or
base under section 23DZZZ—within 28 days after the notice of the
decision is given to the proprietor under that section; and
(b) where the decision is not to permit the proprietor of the premises or
base to apply for registration of the premises or base—within 28 days
after the notice of the decision is given to the proprietor under
section 23DZZZB.
(1) The proprietor of radiation oncology premises commits an offence if a
radiation oncology service is rendered on a person under the following
circumstances:
(a) the service is rendered either at the premises or elsewhere using
equipment that is ordinarily located at the premises; and
(b) the premises are not registered; and
(c) the proprietor has neither:
(i) given the person notice in writing that medicare benefit will not be
payable for the service; nor
(ii) caused written notice to that effect to be displayed prominently at
the place where the service is rendered.
Maximum penalty: 10 penalty units.
(2) Strict liability applies to all of the physical elements of the
offence.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(1) The proprietor of a base for mobile radiation oncology equipment
commits an offence if a radiation oncology service is rendered on a person under
the following circumstances:
(a) the service is rendered using equipment that is ordinarily located at
the base when not in use, and is not ordinarily located at radiation oncology
premises; and
(b) the base is not registered; and
(c) the proprietor has neither:
(i) given the person notice in writing that medicare benefit will not be
payable for the service; nor
(ii) caused written notice to that effect to be displayed prominently at
the place where the service is rendered.
Maximum penalty: 10 penalty units.
(2) Strict liability applies to all of the physical elements of the
offence.
Note: For strict liability, see
section 6.1 of the Criminal Code.
If:
(a) a radiation oncology service is rendered in the following
circumstances:
(i) the service is rendered using radiation oncology equipment that is
ordinarily located at radiation oncology premises that are not registered;
or
(ii) the service is rendered using radiation oncology equipment that, when
not in use, is ordinarily located at an unregistered base for mobile radiation
oncology equipment and the equipment is not ordinarily located at radiation
oncology premises; and
(b) the proprietor of the premises or base failed to inform the person to
whom the radiation oncology service was rendered that no medicare benefit would
be payable on the service; and
(c) the Minister makes a direction under subsection 16F(1) that medicare
benefit will be paid for the service;
an amount equal to the medicare benefit is recoverable from the proprietor
as a debt due to the Commonwealth.
(1) Where a partnership, rather than a person or government agency, is in
effective control of:
(a) radiation oncology premises, whether or not the holder of an estate or
interest in the premises; and
(b) the use of the radiation oncology equipment used at the premises;
and
(c) the employment of staff (including medical practitioners) connected
with the premises;
each partner in the partnership is taken to be a proprietor
of the premises for the purposes of this Part.
(2) Where a partnership, rather than a person or government agency, is in
effective control of:
(a) a base for mobile radiation oncology equipment, whether or not the
holder of an estate or interest in the base; and
(b) the use of radiation oncology equipment ordinarily located at the base
when not in use; and
(c) the employment of staff (including medical practitioners) connected
with the base;
each partner in the partnership is taken to be a proprietor
of the premises for the purposes of this Part.
(3) However:
(a) an obligation under this Part, although imposed on each partner in the
partnership, may be discharged by any of them; and
(b) a right under this Part, if exercised by one of the partners in the
partnership, is taken to have been exercised on behalf of all of them;
and
(c) no more than one partner may be punished for one offence under this
Part.
(4) In this section:
employment has the same meaning as in
section 23DZZN.
government agency has the same meaning as in
section 23DZZN.
13 Transitional provisions
(1) The amendment made by item 11 of this Schedule applies to
radiation oncology services rendered after 30 April 2003.
(2) The amendment made by item 12 of this Schedule, to the extent that
it adds sections 23DZZZE, 23DZZZF and 23DZZZG to the Health Insurance
Act 1973, applies to radiation oncology services rendered after
30 April 2003.
1 Paragraph 16B(7)(c)
Omit “under that Division”, substitute “under
section 23DX”.
2 Subsection 16B(10)
Repeal the subsection, substitute:
Exemption—additional services
(10) Subsection (1) does not apply if:
(a) the diagnostic imaging service (the additional service)
was rendered in relation to the person because the providing practitioner formed
the opinion that the results obtained from the rendering of another diagnostic
imaging service in relation to the person, pursuant to a subsection 16B(1)
request, indicate that the additional service is necessary; and
(b) the additional service is a service in relation to which a medicare
benefit is payable regardless of whether the service is rendered on the request
of a specialist or a consultant physician.
Note: Medicare benefit is only payable on some diagnostic
imaging services if they are rendered on the request of a specialist or
consultant physician. The additional service must not be one of those
services.
Exemption—substituted services
(10A) Subsection (1) does not apply if:
(a) the diagnostic imaging service (the substituted service)
was rendered in relation to the person in substitution for another service for
which a subsection 16B(1) request has been made; and
(b) the substituted service was rendered because the providing
practitioner formed the opinion that it would be more appropriate in the
diagnosis of the person’s condition to render the substituted service than
the service requested; and
(c) the substituted service would be accepted by the general body of
specialists or consultant physicians in the specialty practised by the providing
practitioner as more appropriate in the diagnosis of the person’s
condition than the service requested; and
(d) before providing the substituted service, the providing practitioner
has either consulted the practitioner who made the subsection 16B(1) request, or
taken all reasonable steps to consult that practitioner; and
(e) the substituted service is a service in relation to which a medicare
benefit is payable regardless of whether the service is rendered on the request
of a specialist or a consultant physician.
Note: Medicare benefit is only payable on some diagnostic
imaging services if they are rendered on the request of a specialist or
consultant physician. The substituted service must not be one of those
services.
3 Section 23DV
Repeal the section, substitute:
(1) A medical practitioner may apply in writing to the Minister, in the
form approved by the Minister, for a remote area exemption under
section 23DX (an exemption from the requirements in subsection
16B(1)).
(2) A practitioner may apply in writing to the Minister, in the
form approved by the Minister, for a remote area exemption under
section 23DXA to station diagnostic imaging equipment or an employee at
specified premises of another practitioner.
4 Section 23DX
After “remote area exemption”, insert “under this
section”.
Note: The heading to section 23DX is altered by adding
at the end “—provision of services where requirements of
subsection 16B(1) are not met”
5 After section 23DX
Insert:
The Minister must, by written notice given to the applicant, grant a
remote area exemption under this section to the applicant to station diagnostic
imaging equipment or an employee at premises specified in the application if the
Minister is satisfied that:
(a) the application is in the form approved by the Minister; and
(b) those premises are in an area that is a remote area for the purposes
of this Division; and
(c) the facilities for rendering diagnostic imaging services in that area
(including facilities provided by practitioners visiting the area regularly and
facilities provided by practitioners to whom a remote area exemption has been
granted under section 23DX) are such that patients in the area would suffer
physical or financial hardship if the exemption were not granted.
6 Subsection 23DY(1)
After “remote area exemption”, insert “under
section 23DX”.
Note: The heading to section 23DY is altered by adding
at the end “under section 23DX”
7 After section 23DY
Insert:
(1) If the Minister is satisfied that the physical or financial hardship
referred to in paragraph 23DXA(c) would only be suffered if an exemption were
not granted to station equipment of a particular kind or an employee qualified
to render services of a particular kind at the premises of another practitioner,
the Minister may, in the notice granting the remote area exemption under
section 23DXA, restrict the remote area exemption to the stationing of
equipment of that kind or an employee with qualifications to render services of
that kind.
(2) The notice must contain the reasons for any such
restriction.
(3) The person to whom the remote area exemption is granted may, at any
time, apply in writing to the Minister, in the form approved by the Minister,
for:
(a) the restriction to be removed; or
(b) its scope to be reduced.
(4) The Minister may, within 60 days after such an application is made,
give the applicant written notice requesting the applicant to give to the
Minister such further information relating to the application as is specified in
the notice.
(5) If the Minister is satisfied that physical or financial hardship of a
kind referred to in paragraph 23DXA(c) will be suffered if the restriction is
not removed, or its scope is not reduced, the Minister must, by written notice
given to the applicant, remove the restriction, or reduce its scope,
accordingly.
8 Subsection 23DZ(1)
Omit “section 23DV or subsection 23DY(3)”, substitute
“section 23DV, subsection 23DY(3) or subsection
23DYA(3)”.
9 Subparagraph
23DZ(2)(a)(i)
After “remote area exemption”, insert “under the relevant
section”.
10 Subparagraph
23DZ(2)(a)(ii)
After “remote area exemption”, insert “under the relevant
section”.
11 After paragraph
23DZ(2)(b)
Insert:
; or (c) in the case of an application under subsection
23DYA(3):
(i) at the end of 60 days after the application is made, a request has not
been made to the applicant under subsection 23DYA(4) and the Minister has not
given the applicant a written notice under subsection 23DYA(5); or
(ii) a request has been made under subsection 23DYA(4) and, at the end of
60 days after the request was made, the Minister has not given the applicant a
written notice under subsection 23DYA(5);
12 Subsection 23DZC(1)
After “medical practitioner”, insert “under
section 23DX”.
13 After subsection
23DZC(1)
Insert:
(1A) The Minister may revoke a remote area exemption that has been granted
to a practitioner under section 23DXA if the Minister is satisfied
that:
(a) the premises in relation to which the exemption has been granted are
situated in an area that is no longer a remote area for the purposes of this
Division; or
(b) the facilities for rendering diagnostic imaging services in that area
(including facilities provided by practitioners visiting the area regularly and
facilities provided by practitioners to whom a remote area exemption has been
granted under section 23DX) are no longer such that patients in the area
would suffer physical or financial hardship if the exemption were revoked;
or
(c) where a Medicare Participation Review Committee has advised the
Minister under subsection 124FF(6) that the remote area exemption should be
revoked—the remote area exemption should be revoked for the reasons given
by the Committee in its advice.
14 Subsection 23DZC(2)
Omit “The Minister must not revoke the remote area exemption
unless:”, substitute “The Minister must not revoke a remote area
exemption unless:”.
15 Section 23DZD
Repeal the section, substitute:
Applications may be made to the Administrative Appeals Tribunal for
review of:
(a) a decision under subsection 23DY(1) to restrict a remote area
exemption under section 23DX to certain R-type diagnostic imaging services;
or
(b) a decision under subsection 23DYA(1) to restrict a remote area
exemption under section 23DXA to the station of equipment of a particular
kind, or an employee with qualifications to perform services of a particular
kind, at the premises of another practitioner; or
(c) a decision under subsection 23DY(5) reducing the scope of a remote
area exemption under section 23DX; or
(d) a decision under subsection 23DYA(5) reducing the scope of a remote
area exemption under section 23DXA; or
(e) a decision refusing to grant a remote area exemption under
section 23DX or 23DXA; or
(f) a decision refusing an application under subsection 23DY(3)
for:
(i) a restriction on a remote area exemption under section 23DX to be
removed; or
(ii) the scope of such a restriction to be reduced; or
(g) a decision refusing an application under subsection 23DYA(3)
for:
(i) a restriction on a remote area exemption under section 23DXA to
be removed; or
(ii) the scope of such a restriction to be reduced; or
(h) a decision under section 23DZC revoking a remote area exemption
under section 23DX or section 23DXA.
16 Paragraph 23DZG(g)
Repeal the paragraph, substitute:
(g) the person is a practitioner who, while not covered by a remote
area exemption under section 23DXA to station diagnostic imaging equipment
or an employee at the premises of another practitioner, stations diagnostic
imaging equipment or an employee at those premises (whether it is a full-time
arrangement or not), so that diagnostic imaging services may be rendered to the
practitioner’s patients by or on behalf of the practitioner.
17 At the end of
section 23DZG
Add:
(2) A practitioner is covered by a remote area exemption under
section 23DXA to station diagnostic imaging equipment or an employee at the
premises of another practitioner if:
(a) the practitioner has been granted an exemption under that section to
station diagnostic imaging equipment or an employee at those premises;
and
(b) the exemption is in force; and
(c) if the exemption is restricted under subsection 23DYA(1) to the
stationing of equipment of a particular kind or an employee with qualifications
to render services of a particular kind at the premises—the equipment is
of that kind or the employee has qualifications to render services of that kind
(as the case may be).
18 Subsection 124FF(6)
After “remote area exemption” (first occurring), insert
“either under section 23DX or section 23DXA”.
19 Application
The amendments made by items 16 and 17 of this Schedule apply where
diagnostic imaging equipment or an employee is stationed, or remains stationed,
at premises after 30 June 2003.
1 Subsection 3(1)
Insert:
osteopath means a person registered or licensed to practise
osteopathy under a law of a State or Territory that provides for the
registration or licensing of osteopaths.
2 At the end of subparagraph
16B(1)(b)(v)
Add “or”.
3 After subparagraph
16B(1)(b)(v)
Insert:
(vi) subject to subsection (3C), an osteopath;
4 After subsection 16B(3B)
Insert:
[Osteopaths may only request certain services]
(3C) A request made by an osteopath, acting in his or her capacity as an
osteopath, for an R-type diagnostic imaging service to be rendered is not
effective for the purposes of subsection (1) unless it is a request for a
service of a kind specified in regulations made for the purposes of this
subsection.
5 Paragraph 16B(9)(a)
Omit “or podiatrist”, substitute “, podiatrist or
osteopath,”.
6 Paragraph 16B(9)(b)
Omit “or podiatrist”, substitute “, podiatrist or
osteopath,”.
7 At the end of subsection
16B(9)
Add:
; and (g) if the requesting practitioner is an osteopath who made the
request in his or her capacity as an osteopath—the request is not rendered
ineffective by the operation of subsection (3C).
8 Subsection 23DQ(4) (at the end of the
definition of practitioner)
Add:
; or (f) an osteopath.
9 Section 23DZF (definition of
practitioner)
Omit “and a podiatrist”, substitute “, a podiatrist and
an osteopath”.
10 Subsection 81(1) (at the end of the
definition of practitioner)
Add:
; or (h) an osteopath.
11 Subsection 81(1) (at the end of the
definition of profession)
Add:
; (g) osteopathy.
12 Paragraph 106ZPA(1)(c)
Omit “7”, substitute “8”.
13 At the end of subsection
106ZPA(1)
Add:
; and (viii) one is to be an osteopath.
14 Subsection 124B(1) (at the end of the
definition of practitioner)
Add:
; or (h) an osteopath.