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This is a Bill, not an Act. For current law, see the Acts databases.

HEALTH LEGISLATION AMENDMENT (MIDWIVES AND NURSE PRACTITIONERS) BILL 2009

2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Health Legislation Amendment
(Midwives and Nurse Practitioners) Bill
2009
No. , 2009
(Health and Ageing)
A Bill for an Act to amend the law relating to
health and to make amendments consequential on
the enactment of the Midwife Professional
Indemnity (Commonwealth Contribution) Scheme
Act 2009, and for related purposes
i Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No. ,
2009
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 2
Schedule 1--Amendme nts relating to medicare benefits and
pharmaceutical benefits
3
Health Insurance Act 1973
3
National Health Act 1953
21
Schedule 2--Amendme nts consequential on the enactment of
the Midwife Professional Indemnity
(Commonwealth Contribution) Scheme Act 2009
37
Health Insurance Act 1973
37
Medical Indemnity Act 2002
37
Medicare Australia Act 1973
38
National Health Act 1953
39
Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No. , 2009
1
A Bill for an Act to amend the law relating to
1
health and to make amendments consequential on
2
the enactment of the Midwife Professional
3
Indemnity (Commonwealth Contribution) Scheme
4
Act 2009, and for related purposes
5
The Parliament of Australia enacts:
6
1 Short title
7
This Act may be cited as the Health Legislation Amendment
8
(Midwives and Nurse Practitioners) Act 2009.
9
2 Commence ment
10
(1) Each provision of this Act specified in column 1 of the table
11
commences, or is taken to have commenced, in accordance with
12
2 Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No.
, 2009
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
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 after this Act receives the Royal
Assent.
3. Schedule 2
At the same time as the Midwife
Professional Indemnity (Commonwealth
Contribution) Scheme Act 2009 commences.
Note:
This table relates only to the provisions of this Act as originally
4
passed by both Houses of the Parliament and assented to. It will not be
5
expanded to deal with provisions inserted in this Act after assent.
6
(2) Column 3 of the table contains additional information that is not
7
part of this Act. Information in this column may be added to or
8
edited in any published version of this Act.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
15
Amend ments relating to medicare benefits and pharmaceutical benefits Schedule 1
Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No. , 2009
3
Schedule 1
--
Amendments relating to
1
medicare benefits and pharmaceutical
2
benefits
3
4
Health Insurance Act 1973
5
1 Subsection 3(1)
6
Insert:
7
eligible midwife has the meaning given by section 21.
8
2 Subsection 3(1)
9
Insert:
10
eligible nurse practitioner means a person who:
11
(a) is a nurse practitioner; and
12
(b) meets the requirements (if any) specified in the regulations
13
for the purposes of this paragraph.
14
3 Subsection 3(1) (definition of medical entrepreneur)
15
Repeal the definition, substitute:
16
medical entrepreneur has the meaning given by section 3B.
17
4 Subsection 3(1)
18
Insert:
19
midwife means a person who is registered as a midwife, or
20
authorised (however described) to practise midwifery, by or under
21
a law of a State or an internal Territory that provides for the
22
registration of midwives, or the authorisation of persons to practise
23
midwifery.
24
5 Subsection 3(1)
25
Insert:
26
nurse practitioner means a person who is registered, or authorised
27
(however described) to practise, as a nurse practitioner by or under
28
a law of a State or an internal Territory that provides for the
29
Schedule 1 A mendments relating to med icare benefits and pharmaceutical benefits
4 Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No.
, 2009
registration of nurse practitioners, or the authorisation of persons to
1
practise as nurse practitioners.
2
6 Subsection 3(1)
3
Insert:
4
participating midwife means:
5
(a) if the Minister has approved a common form of undertaking
6
under section 21A--an eligible midwife in respect of whom
7
there is in force an undertaking given by him or her and
8
accepted by the Minister under section 21B; or
9
(b) otherwise--an eligible midwife.
10
7 Subsection 3(1)
11
Insert:
12
participating nurse practitioner means:
13
(a) if the Minister has approved a common form of undertaking
14
under section 22--an eligible nurse practitioner in respect of
15
whom there is in force an undertaking given by him or her
16
and accepted by the Minister under section 22A; or
17
(b) otherwise--an eligible nurse practitioner.
18
8 Subsection 3(5)
19
Omit "or a participating optometrist", substitute ", a participating
20
optometrist, a participating midwife or a participating nurse
21
practitioner".
22
9 After section 3AA
23
Insert:
24
3B Meaning of medical entrepreneur
25
For the purposes of this Act, a person is a medical entrepreneur if
26
the person:
27
(a) employs a person mentioned in an item in the following table
28
to render a service mentioned in the item; or
29
(b) is in a position to exercise control over a person mentioned in
30
an item in the table rendering a service mentioned in the
31
item; or
32
Amend ments relating to medicare benefits and pharmaceutical benefits Schedule 1
Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No. , 2009
5
(c) leases, or otherwise makes available, to another person
1
mentioned in an item in the table premises at which the other
2
person renders a service mentioned in the item; or
3
(d) receives or obtains any property, benefit or advantage from
4
the rendering of a service mentioned in an item in the table
5
by a person mentioned in the item.
6
7
Item
Column 1
Person
Column 2
Service
1
practitioner
med ical service
2
participating midwife
midwifery service
3
participating nurse practitioner
nurse practitioner service
8
10 After paragraph 16A(1)(a)
9
Insert:
10
(aa) the service (whether a pathologist-determinable service or
11
not) was:
12
(i) determined to be necessary by a participating midwife
13
(in this section also referred to as the treating
14
practitioner), acting in his or her capacity as a
15
participating midwife, whose patient the person was;
16
and
17
(ii) a service of a kind specified in regulations made for the
18
purposes of this subparagraph; or
19
(ab) the service (whether a pathologist-determinable service or
20
not) was:
21
(i) determined to be necessary by a participating nurse
22
practitioner (in this section also referred to as the
23
treating practitioner), acting in his or her capacity as a
24
participating nurse practitioner, whose patient the
25
person was; and
26
(ii) a service of a kind specified in regulations made for the
27
purposes of this subparagraph; or
28
11 Application
29
The amendment made by item 10 applies in relation to a pathology
30
service requested on or after 1 November 2010.
31
Schedule 1 A mendments relating to med icare benefits and pharmaceutical benefits
6 Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No.
, 2009
12 Subsection 16A(2)
1
After "(7)", insert "or (7A)".
2
13 Subsection 16A(7)
3
Omit "prescribed service", substitute "prescribed pathology service".
4
14 After subsection 16A(7)
5
Insert:
6
(7A) This subsection applies to a pathology service if:
7
(a) the service is a prescribed pathology service that is rendered
8
by a participating midwife or a participating nurse
9
practitioner; and
10
(b) the participating midwife or participating nurse practitioner
11
by whom the service is rendered is the treating practitioner;
12
and
13
(c) the service is specified in the determination made under
14
section 4BB as a service to which this subsection applies if
15
rendered by a participating midwife or participating nurse
16
practitioner (as the case requires); and
17
(d) if that determination specifies circumstances in which the
18
service must be rendered to be a pathology service to which
19
this subsection applies--the service is rendered in those
20
circumstances.
21
15 Application
22
Subsection 16A(7A) of the Health Insurance Act 1973 applies in
23
relation to a pathology service rendered on or after 1 November 2010.
24
16 After subparagraph 16B(1)(b)(vi)
25
Insert:
26
or (vii) subject to subsection (3D), a participating midwife; or
27
(viii) subject to subsection (3E), a participating nurse
28
practitioner;
29
17 After subsection 16B(3C)
30
Insert:
31
Amend ments relating to medicare benefits and pharmaceutical benefits Schedule 1
Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No. , 2009
7
Participating midwives may only request certain services
1
(3D) A request made by a participating midwife, acting in his or her
2
capacity as a participating midwife, for an R-type diagnostic
3
imaging service to be rendered is not effective for the purposes of
4
subsection (1) unless it is a request for a service of a kind specified
5
in regulations made for the purposes of this subsection.
6
Participating nurse practitioners may only request certain services
7
(3E) A request made by a participating nurse practitioner, acting in his
8
or her capacity as a participating nurse practitioner, for an R-type
9
diagnostic imaging service to be rendered is not effective for the
10
purposes of subsection (1) unless it is a request for a service of a
11
kind specified in regulations made for the purposes of this
12
subsection.
13
18 Paragraphs 16B(9)(a) and (b)
14
Omit "or osteopath", substitute ", osteopath, participating midwife or
15
participating nurse practitioner".
16
19 At the end of subsection 16B(9)
17
Add:
18
; and (h) if the requesting practitioner is a participating midwife who
19
made the request in his or her capacity as a participating
20
midwife--the request is not rendered ineffective by the
21
operation of subsection (3D); and
22
(i) if the requesting practitioner is a participating nurse
23
practitioner who made the request in his or her capacity as a
24
participating nurse practitioner--the request is not rendered
25
ineffective by the operation of subsection (3E).
26
20 Paragraph 16B(10A)(d)
27
Omit "practitioner" (second and third occurring), substitute "person".
28
21 Application
29
Section 16B of the Health Insurance Act 1973, as in force after the
30
commencement of this item, applies in relation to an R-type diagnostic
31
imaging service requested on or after 1 November 2010.
32
22 Paragraph 19DB(c)
33
Schedule 1 A mendments relating to med icare benefits and pharmaceutical benefits
8 Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No.
, 2009
After "practitioner", insert ", participating midwife or participating
1
nurse practitioner".
2
23 Paragraph 20BA(1)(a)
3
Omit "practitioner", substitute "person".
4
24 Application
5
Subsection 20BA(1) of the Health Insurance Act 1973, as in force after
6
the commencement of this item, applies in relation to the referral of a
7
patient on or after 1 November 2010.
8
25 After section 20BA
9
Insert:
10
21 Meaning of eligible midwife
11
(1) For the purposes of this Act, a person is an eligible midwife if the
12
person:
13
(a) is a midwife; and
14
(b) meets the requirements specified in the regulations for the
15
purposes of this paragraph.
16
(2) However, if there are no regulations in force for the purposes of
17
paragraph (1)(b), a person cannot be an eligible midwife for the
18
purposes of this Act.
19
(3) Without limiting the requirements that may be specified in
20
regulations made for the purposes of paragraph (1)(b), those
21
requirements may include one or more of the following:
22
(a) a requirement to hold particular qualifications in midwifery;
23
(b) a requirement to have particular experience in midwifery;
24
(c) a requirement to be credentialled by a particular body.
25
21A Common form of undertaking by eligible midwife
26
(1) The Minister may approve a common form of undertaking to be
27
given by an eligible midwife who wishes to become a participating
28
midwife under this Act.
29
(2) The common form of undertaking is to make provision for any
30
matters that the Minister thinks appropriate.
31
Amend ments relating to medicare benefits and pharmaceutical benefits Schedule 1
Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No. , 2009
9
(3) Without limiting the generality of subsection (2), the common form
1
of undertaking may make provision for any of the following
2
matters:
3
(a) the kinds of service to which the undertaking relates;
4
(b) a specification of the premises at which the eligible midwife
5
provides services of a kind to which the undertaking relates;
6
(c) an assurance by the eligible midwife that the fee to be
7
charged by him or her for a service that is covered by an item
8
that is expressed to relate to a service provided by a
9
participating midwife will not, except in the circumstances
10
specified in the undertaking in accordance with
11
paragraph (d), exceed the appropriate fee stated in the item;
12
(d) increases of specified amounts in the maximum fee that may
13
be charged under paragraph (c) in respect of services
14
provided in circumstances specified in the undertaking.
15
(4) A common form of undertaking approved under subsection (1) is a
16
legislative instrument.
17
(5) The Minister may, by legislative instrument, vary a common form
18
of undertaking under subsection (1).
19
21B Undertaking by eligible midwife
20
Minister must accept or refuse undertaking
21
(1) If an eligible midwife gives to the Minister, in writing, an
22
undertaking in accordance with the common form of undertaking,
23
the Minister must, unless subsection (2) applies, accept the
24
undertaking.
25
(2) If the Minister is satisfied that:
26
(a) if the undertaking were accepted, the eligible midwife would
27
be likely to carry on the whole or a part of the practice or
28
business of a relevant midwife (see subsection (3)); and
29
(b) the acceptance of the undertaking would be likely to have the
30
effect of allowing the eligible midwife to avoid, in whole or
31
in part, the financial consequences of the making of a
32
determination under paragraph 124F(2)(d) or (e) in relation
33
to the person;
34
the Minister must refuse to accept the undertaking unless he or she
35
is satisfied that it is not in the public interest to do so.
36
Schedule 1 A mendments relating to med icare benefits and pharmaceutical benefits
10 Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No.
, 2009
Note:
See section 21C for review of a decision to refuse to accept the
1
undertaking, and when such a decision takes effect.
2
Meaning of relevant midwife
3
(3) For the purposes of subsection (2), a relevant midwife is an eligible
4
midwife:
5
(a) in relation to whom a determination under paragraph
6
124F(2)(d) or (e) is in effect; or
7
(b) who the Minister has reasonable grounds to believe may have
8
committed a relevant offence (within the meaning of
9
section 124B) in relation to which a determination has not
10
been made under subsection 124F(2).
11
Minister to give notice of decision
12
(4) The Minister must give the eligible midwife written notice of his or
13
her decision to accept or refuse to accept the undertaking.
14
When undertaking comes into force
15
(5) The undertaking comes into force when accepted by the Minister.
16
Date of acceptance where decision reviewed etc.
17
(6) If a decision by the Minister to refuse to accept the undertaking
18
does not take effect because it was set aside on review or in
19
accordance with a judgment or order on appeal, the Minister is
20
taken to have accepted the undertaking:
21
(a) on the date on which it was originally received by the
22
Minister; or
23
(b) on an earlier date (not being a date earlier than the date on
24
which it was signed) fixed by the Minister.
25
Termination of undertaking by participating midwife
26
(7) A participating midwife may, at any time, terminate an undertaking
27
by giving the Minister a notice in the approved form.
28
(8) The notice must specify a date of termination that is not earlier
29
than 30 days after the day on which it is given to the Minister.
30
Amend ments relating to medicare benefits and pharmaceutical benefits Schedule 1
Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No. , 2009
11
When undertaking ceases to be in force
1
(9) The undertaking ceases to be in force:
2
(a) on the date of termination specified in the notice given under
3
subsection (8); or
4
(b) when either of the following take effect:
5
(i) an agreement under subsection 92(1) that specifies that
6
the Minister's acceptance of the undertaking is taken to
7
be revoked;
8
(ii) a final determination under section 106TA that contains
9
a direction under paragraph 106U(1)(ea) that the
10
Minister's acceptance of the undertaking is taken to be
11
revoked.
12
Effect of varying common form of undertaking
13
(10) If the common form of undertaking is varied under subsection
14
21A(5), an undertaking given under this section is taken to have
15
been varied to accord with the common form of undertaking as so
16
varied.
17
21C Review and effect of refusal by Minister to accept undertaking
18
by eligible midwife
19
(1) This section applies if the Minister decides under subsection
20
21B(2) to refuse to accept an undertaking given by an eligible
21
midwife.
22
(2) An application may be made to the Administrative Appeals
23
Tribunal for review of the decision.
24
(3) The decision takes effect at the end of the 28 day period beginning
25
on the day on which the Minister gave notice under subsection
26
21B(4) of the decision.
27
(4) Subsection (3) operates subject to any order by the Administrative
28
Appeals Tribunal or by a court in relation to the decision.
29
22 Common form of undertaking by eligible nurse practitione r
30
(1) The Minister may approve a common form of undertaking to be
31
given by an eligible nurse practitioner who wishes to become a
32
participating nurse practitioner under this Act.
33
Schedule 1 A mendments relating to med icare benefits and pharmaceutical benefits
12 Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No.
, 2009
(2) The common form of undertaking is to make provision for any
1
matters that the Minister thinks appropriate.
2
(3) Without limiting the generality of subsection (2), the common form
3
of undertaking may make provision for any of the following
4
matters:
5
(a) the kinds of service to which the undertaking relates;
6
(b) a specification of the premises at which the eligible nurse
7
practitioner provides services of a kind to which the
8
undertaking relates;
9
(c) an assurance by the eligible nurse practitioner that the fee to
10
be charged by him or her for a service that is covered by an
11
item that is expressed to relate to a service provided by a
12
participating nurse practitioner will not, except in the
13
circumstances specified in the undertaking in accordance
14
with paragraph (d), exceed the appropriate fee stated in the
15
item;
16
(d) increases of specified amounts in the maximum fee that may
17
be charged under paragraph (c) in respect of services
18
provided in circumstances specified in the undertaking.
19
(4) A common form of undertaking approved under subsection (1) is a
20
legislative instrument.
21
(5) The Minister may, by legislative instrument, vary a common form
22
of undertaking under subsection (1).
23
22A Undertaking by eligible nurse practitione r
24
Minister must accept or refuse undertaking
25
(1) If an eligible nurse practitioner gives to the Minister, in writing, an
26
undertaking in accordance with the common form of undertaking,
27
the Minister must, unless subsection (2) applies, accept the
28
undertaking.
29
(2) If the Minister is satisfied that:
30
(a) if the undertaking were accepted, the eligible nurse
31
practitioner would be likely to carry on the whole or a part of
32
the practice or business of a relevant nurse practitioner (see
33
subsection (3)); and
34
Amend ments relating to medicare benefits and pharmaceutical benefits Schedule 1
Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No. , 2009
13
(b) the acceptance of the undertaking would be likely to have the
1
effect of allowing the eligible nurse practitioner to avoid, in
2
whole or in part, the financial consequences of the making of
3
a determination under paragraph 124F(2)(d) or (e) in relation
4
to the person;
5
the Minister must refuse to accept the undertaking unless he or she
6
is satisfied that it is not in the public interest to do so.
7
Note:
See section 22B for review of a decision to refuse to accept the
8
undertaking, and when such a decision takes effect.
9
Meaning of relevant nurse practitioner
10
(3) For the purposes of subsection (2), a relevant nurse practitioner is
11
an eligible nurse practitioner:
12
(a) in relation to whom a determination under paragraph
13
124F(2)(d) or (e) is in effect; or
14
(b) who the Minister has reasonable grounds to believe may have
15
committed a relevant offence (within the meaning of
16
section 124B) in relation to which a determination has not
17
been made under subsection 124F(2).
18
Minister to give notice of decision
19
(4) The Minister must give the eligible nurse practitioner written
20
notice of his or her decision to accept or refuse to accept the
21
undertaking.
22
When undertaking comes into force
23
(5) The undertaking comes into force when accepted by the Minister.
24
Date of acceptance where decision reviewed etc.
25
(6) If a decision by the Minister to refuse to accept the undertaking
26
does not take effect because it was set aside on review or in
27
accordance with a judgment or order on appeal, the Minister is
28
taken to have accepted the undertaking:
29
(a) on the date on which it was originally received by the
30
Minister; or
31
(b) on an earlier date (not being a date earlier than the date on
32
which it was signed) fixed by the Minister.
33
Schedule 1 A mendments relating to med icare benefits and pharmaceutical benefits
14 Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No.
, 2009
Termination of undertaking by participating nurse practitioner
1
(7) A participating nurse practitioner may, at any time, terminate an
2
undertaking by giving the Minister a notice in the approved form.
3
(8) The notice must specify a date of termination that is not earlier
4
than 30 days after the day on which it is given to the Minister.
5
When undertaking ceases to be in force
6
(9) The undertaking ceases to be in force:
7
(a) on the date of termination specified in the notice given under
8
subsection (8); or
9
(b) when either of the following take effect:
10
(i) an agreement under subsection 92(1) that specifies that
11
the Minister's acceptance of the undertaking is taken to
12
be revoked;
13
(ii) a final determination under section 106TA that contains
14
a direction under paragraph 106U(1)(eb) that the
15
Minister's acceptance of the undertaking is taken to be
16
revoked.
17
Effect of varying common form of undertaking
18
(10) If the common form of undertaking is varied under subsection
19
22(5), an undertaking given under this section is taken to have been
20
varied to accord with the common form of undertaking as so
21
varied.
22
22B Review and effect of refusal by Minister to accept undertaking
23
by eligible nurse practitioner
24
(1) This section applies if the Minister decides under subsection
25
22A(2) to refuse to accept an undertaking given by an eligible
26
nurse practitioner.
27
(2) An application may be made to the Administrative Appeals
28
Tribunal for review of the decision.
29
(3) The decision takes effect at the end of the 28 day period beginning
30
on the day on which the Minister gave notice under subsection
31
22A(4) of the decision.
32
Amend ments relating to medicare benefits and pharmaceutical benefits Schedule 1
Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No. , 2009
15
(4) Subsection (3) operates subject to any order by the Administrative
1
Appeals Tribunal or by a court in relation to the decision.
2
Note 1: The heading to section 23A is altered by adding the words "by optometrist" at the end.
3
Note 2: The heading to section 23D is replaced by the heading "Date of effect of refusal by
4
Minister to accept undertaking by optometrist".
5
Note 3: The heading to section 23DAA is altered by omitting "of undertaking" and substituting
6
"by Minister to accept undertaking by optometrist".
7
26 Paragraph 23DK(2)(a)
8
After "practitioner" (second occurring), insert ", participating midwife
9
or participating nurse practitioner".
10
27 Paragraph 23DK(5)(a)
11
After "practitioner" (first occurring), insert ", a participating midwife or
12
a participating nurse practitioner".
13
28 Subsection 23DK(5)
14
After "the practitioner", insert ", participating midwife or participating
15
nurse practitioner".
16
29 Subsection 23DP(2)
17
After "practitioner", insert ", participating midwife or participating
18
nurse practitioner".
19
30 Subsection 23DP(3)
20
After "practitioner" (second occurring), insert ", a participating midwife
21
or a participating nurse practitioner".
22
31 Subsection 23DP(3A)
23
After "practitioner", insert ", participating midwife, participating nurse
24
practitioner".
25
32 Paragraph 23DP(4)(a)
26
Omit "practitioner;", substitute "practitioner; and".
27
33 At the end of subsection 23DP(4)
28
Add:
29
; and (d) a reference to a participating midwife includes a reference to
30
a person who has been a participating midwife; and
31
Schedule 1 A mendments relating to med icare benefits and pharmaceutical benefits
16 Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No.
, 2009
(e) a reference to a participating nurse practitioner includes a
1
reference to a person who has been a participating nurse
2
practitioner.
3
34 Subsection 23DP(5)
4
After "practitioner", insert ", a participating midwife or a participating
5
nurse practitioner".
6
35 Subsection 23DQ(4) (at the end of the definition of
7
practitioner)
8
Add:
9
; or (g) a participating midwife; or
10
(h) a participating nurse practitioner.
11
36 Paragraph 23DZZIE(1)(a)
12
After "practitioner", insert ", a participating midwife or a participating
13
nurse practitioner".
14
37 Paragraph 23DZZIE(1)(b)
15
Omit "practitioner", substitute "person specified in paragraph (a)".
16
38 Paragraph 23DZZIE(1)(c)
17
Omit "practitioner" (first occurring), substitute "person specified in
18
paragraph (a)".
19
39 Paragraph 23DZZIE(1)(c)
20
Omit "a practitioner" (second occurring), substitute "such a person".
21
40 After paragraph 23DZZIE(2)(f)
22
Insert:
23
(fa) if the service is of a kind specified in regulations made for
24
the purposes of subsection 16B(3D)--a participating
25
midwife;
26
(fb) if the service is of a kind specified in regulations made for
27
the purposes of subsection 16B(3E)--a participating nurse
28
practitioner;
29
41 Subparagraphs 23DZZIE(2)(g)(i) and (ii)
30
Omit "(f)", substitute "(fb)".
31
Amend ments relating to medicare benefits and pharmaceutical benefits Schedule 1
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17
42 Subsection 81(1) (after paragraph (d) of the definition of
1
practitioner)
2
Insert:
3
(da) a midwife; or
4
(db) a nurse practitioner; or
5
43 Subsection 81(1) (after paragraph (c) of the definition of
6
profession)
7
Insert:
8
(ca) midwifery;
9
(cb) the practice of a nurse practitioner;
10
44 Subsection 81(1) (paragraph (b) of the definition of
11
service)
12
Omit "or an optometrist", substitute ", an optometrist, a midwife or a
13
nurse practitioner".
14
45 After paragraph 92(2)(d)
15
Insert:
16
(da) if the person is a midwife and there is in force in respect of
17
the person an undertaking under section 21B--that the
18
Minister's acceptance of the undertaking is to be taken to be
19
revoked;
20
(db) if the person is a nurse practitioner and there is in force in
21
respect of the person an undertaking under section 22A--that
22
the Minister's acceptance of the undertaking is to be taken to
23
be revoked;
24
46 Subsection 92(7) (after paragraph (ba) of the definition of
25
Part VII authority)
26
Insert:
27
(bb) the approval of an eligible midwife as an authorised midwife
28
under section 84AAF of that Act;
29
(bc) the approval of an eligible nurse practitioner as an authorised
30
nurse practitioner under section 84AAJ of that Act;
31
47 After paragraph 106U(1)(e)
32
Insert:
33
Schedule 1 A mendments relating to med icare benefits and pharmaceutical benefits
18 Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No.
, 2009
(ea) if the person under review is a midwife and there is in force
1
in respect of the person an undertaking under section 21B--
2
that the Minister's acceptance of the undertaking is to be
3
taken to be revoked;
4
(eb) if the person under review is a nurse practitioner and there is
5
in force in respect of the person an undertaking under
6
section 22A--that the Minister's acceptance of the
7
undertaking is to be taken to be revoked;
8
48 Subsection 106U(5) (after paragraph (ba) of the definition
9
of Part VII authority)
10
Insert:
11
(bb) the approval of an eligible midwife as an authorised midwife
12
under section 84AAF of that Act;
13
(bc) the approval of an eligible nurse practitioner as an authorised
14
nurse practitioner under section 84AAJ of that Act;
15
49 Paragraph 106ZPA(1)(c)
16
Omit "8", substitute "10".
17
50 After subparagraph 106ZPA(1)(c)(iv)
18
Insert:
19
(iva) one is to be a midwife; and
20
(ivb) one is to be a nurse practitioner; and
21
51 Subsection 124B(1) (after paragraph (d) of the definition of
22
practitioner)
23
Insert:
24
(da) a midwife; or
25
(db) a nurse practitioner; or
26
52 After paragraph 124EB(2)(b)
27
Insert:
28
(ba) if the Committee is convened in relation to a midwife--a
29
midwife; or
30
(bb) if the Committee is convened in relation to a nurse
31
practitioner--a nurse practitioner; or
32
53 Subsection 124FAA(2)
33
Amend ments relating to medicare benefits and pharmaceutical benefits Schedule 1
Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No. , 2009
19
Omit "medical practitioner", substitute "practitioner".
1
54 Section 128C
2
Before "A medical", insert "(1)".
3
55 Section 128C
4
Omit "medical practitioner, or a person acting on behalf of a medical
5
practitioner,", substitute "person mentioned in subsection (2)".
6
56 Section 128C
7
Omit "practitioner or person acting on behalf of the practitioner",
8
substitute "person".
9
57 At the end of section 128C (after the note)
10
Add:
11
(2) The persons are as follows:
12
(a) a medical practitioner;
13
(b) a participating midwife;
14
(c) a participating nurse practitioner;
15
(d) a person acting on behalf of a person mentioned in
16
paragraph (a), (b) or (c).
17
58 Subsection 129AA(1A)
18
Omit "or medical entrepreneur", substitute ", a participating midwife, a
19
participating nurse practitioner or a medical entrepreneur".
20
59 Subsection 129AA(1B)
21
After "a practitioner", insert ", a participating midwife or a participating
22
nurse practitioner".
23
60 Subsection 129AA(1B)
24
After "the practitioner", insert ", participating midwife, participating
25
nurse practitioner".
26
61 Subsection 129AA(5)
27
After "practitioners", insert ", midwives or nurse practitioners (as the
28
case requires)".
29
Schedule 1 A mendments relating to med icare benefits and pharmaceutical benefits
20 Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No.
, 2009
62 Subsection 129AAC(1)
1
Omit "or an optometrist", substitute ", an optometrist, a midwife or a
2
nurse practitioner".
3
63 After paragraph 130(6)(e)
4
Insert:
5
(ea) a person or persons who, under a law of a State or Territory
6
that provides for the registration of midwives, or the
7
authorisation (however described) of persons to practise
8
midwifery, are empowered to:
9
(i) take disciplinary action with respect to midwives; or
10
(ii) investigate midwives in connection with the taking of
11
such disciplinary action; or
12
(eb) a person or persons who, under a law of a State or Territory
13
that provides for the registration of nurse practitioners, or the
14
authorisation (however described) of persons to practise as
15
nurse practitioners, are empowered to:
16
(i) take disciplinary action with respect to nurse
17
practitioners; or
18
(ii) investigate nurse practitioners in connection with the
19
taking of such disciplinary action; or
20
64 After paragraph 130(7)(c)
21
Insert:
22
(ca) the administration of a specified law of a State or Territory,
23
being a law that provides for the registration of midwives, or
24
the authorisation (however described) of persons to practise
25
midwifery; or
26
(cb) the administration of a specified law of a State or Territory,
27
being a law that provides for the registration of nurse
28
practitioners, or the authorisation (however described) of
29
persons to practise as nurse practitioners; or
30
65 After paragraph 130(7)(g)
31
Insert:
32
(ga) if the certificate specifies a purpose in relation to a specified
33
law of the kind referred to in paragraph (ca)--to the person
34
or persons who are empowered to:
35
(i) take disciplinary action with respect to midwives; or
36
Amend ments relating to medicare benefits and pharmaceutical benefits Schedule 1
Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No. , 2009
21
(ii) investigate midwives in connection with the taking of
1
such disciplinary action; or
2
(gb) if the certificate specifies a purpose in relation to a specified
3
law of the kind referred to in paragraph (cb)--to the person
4
or persons who are empowered to:
5
(i) take disciplinary action with respect to nurse
6
practitioners; or
7
(ii) investigate nurse practitioners in connection with the
8
taking of such disciplinary action; or
9
66 Paragraph 130(9)(c)
10
Omit "or (7)(g)", substitute "(ea) or (eb), or (7)(g), (ga) or (gb),".
11
National Health Act 1953
12
67 Subsection 4(1)
13
Insert:
14
midwife means a person who is registered as a midwife, or
15
authorised (however described) to practise midwifery, by or under
16
a law of a State or an internal Territory that provides for the
17
registration of midwives, or the authorisation of persons to practise
18
midwifery.
19
68 Subsection 4(1)
20
Insert:
21
nurse practitioner means a person who is registered, or authorised
22
(however described) to practise, as a nurse practitioner by or under
23
a law of a State or an internal Territory that provides for the
24
registration of nurse practitioners, or the authorisation of persons to
25
practise as nurse practitioners.
26
69 Subsection 4(2)
27
Omit "or (1C)", substitute ", (1C), (1D) or (1E)".
28
70 Subsection 84(1)
29
Insert:
30
Schedule 1 A mendments relating to med icare benefits and pharmaceutical benefits
22 Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No.
, 2009
authorised midwife means an eligible midwife in relation to whom
1
an approval is in force under section 84AAF.
2
71 Subsection 84(1)
3
Insert:
4
authorised nurse practitioner means an eligible nurse practitioner
5
in relation to whom an approval is in force under section 84AAJ.
6
72 Subsection 84(1)
7
Insert:
8
eligible midwife has the meaning given by section 84AAE.
9
73 Subsection 84(1)
10
Insert:
11
eligible nurse practitioner has the meaning given by
12
section 84AAI.
13
74 Subsection 84(1)
14
Insert:
15
nurse practitioner treatment, in relation to a nurse practitioner,
16
means treatment that the nurse practitioner is authorised (however
17
described) to provide under a law of a State or an internal
18
Territory.
19
75 Subsection 84(1) (at the end of the definition of PBS
20
prescriber)
21
Add:
22
; or (d) an authorised midwife; or
23
(e) an authorised nurse practitioner.
24
76 Subsection 84AAB(4) (note)
25
Omit "105AC", substitute "27A of the Administrative Appeals Tribunal
26
Act 1975".
27
77 Subsection 84AAC(4) (note)
28
Omit "105AC", substitute "27A of the Administrative Appeals Tribunal
29
Act 1975".
30
Amend ments relating to medicare benefits and pharmaceutical benefits Schedule 1
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23
Note:
The heading to section 84AAC is altered by adding "of authorised optometrist" at the
1
end.
2
78 Subsection 84AAD(4) (note)
3
Omit "section 105AC requires", substitute "sections 105AC of this Act
4
and 27A of the Administrative Appeals Tribunal Act 1975 require".
5
Note:
The heading to section 84AAD is altered by adding "relating to authorised
6
optometrists" at the end.
7
79 After section 84AAD
8
Insert:
9
84AAE Meaning of eligible midwife
10
(1) For the purposes of this Part, a person is an eligible midwife if the
11
person:
12
(a) is a midwife; and
13
(b) meets the requirements set out in a determination made under
14
subsection (3).
15
(2) However, if there is no determination in force under subsection (3),
16
a person cannot be an eligible midwife for the purposes of this Part.
17
(3) The Minister may, by legislative instrument, determine one or
18
more requirements that a specified person must meet in order to be
19
an eligible midwife for the purposes of this Part.
20
(4) The requirements that may be determined under subsection (3),
21
include (but are not limited to) one or more of the following:
22
(a) a requirement to hold particular qualifications in midwifery;
23
(b) a requirement to have particular experience in midwifery;
24
(c) a requirement to be credentialled by a particular body.
25
84AAF Authorised midwives
26
(1) An eligible midwife may apply to the Secretary, in writing, to be
27
an authorised midwife for the purposes of this Part.
28
(2) The Secretary may approve the application if satisfied that the
29
eligible midwife meets the criteria determined under
30
paragraph (3)(a). The approval is subject to any conditions
31
determined under paragraph (3)(b).
32
Schedule 1 A mendments relating to med icare benefits and pharmaceutical benefits
24 Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No.
, 2009
(3) The Minister may, by legislative instrument, determine either or
1
both of the following:
2
(a) criteria by which applications are to be considered under this
3
section;
4
(b) conditions to which approvals under this section are subject.
5
(4) The Secretary must, as soon as is practicable, approve or reject an
6
application under subsection (1) and notify the applicant in writing
7
of the decision.
8
Note:
Section 27A of the Administrative Appeals Tribunal Act 1975 requires
9
the person to be notified of the person's review rights.
10
84AAG Secretary may suspend or revoke approval of authorised
11
midwife
12
(1) The Secretary may suspend or revoke an approval under
13
section 84AAF if satisfied that the person to whom the approval
14
relates:
15
(a) is not, at the time of the suspension or revocation, an eligible
16
midwife; or
17
(b) does not, at the time of the suspension or revocation, meet the
18
criteria that would apply if the person were to apply under
19
subsection 84AAF(1) to be an authorised midwife at that
20
time; or
21
(c) has breached a condition to which the approval is subject
22
under paragraph 84AAF(3)(b); or
23
(d) has breached a condition to which an approval would be
24
subject under paragraph 84AAF(3)(b) if the person were to
25
apply under subsection 84AAF(1) to be an authorised
26
midwife at that time.
27
(2) Before deciding to suspend or revoke the approval, the Secretary
28
must notify the person that suspension or revocation is being
29
considered. The notice must:
30
(a) be in writing; and
31
(b) include the Secretary's reasons for considering the
32
suspension or revocation; and
33
(c) invite the person to make written submissions to the
34
Secretary within the period of 28 days (the submission
35
period) after being given the notice.
36
Amend ments relating to medicare benefits and pharmaceutical benefits Schedule 1
Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No. , 2009
25
(3) In deciding whether to suspend or revoke the approval, the
1
Secretary must consider any written submissions made by the
2
person during the submission period.
3
(4) The Secretary must give to the person written notice of the
4
decision. If the decision is to suspend an approval, the notice must
5
specify the period for which the approval is suspended.
6
Note:
Section 27A of the Administrative Appeals Tribunal Act 1975 requires
7
the person to be notified of the person's review rights.
8
(5) If the Secretary does not give the person written notice of the
9
decision within the period of 60 days after the end of the
10
submission period, the Secretary is taken to have decided not to
11
suspend or revoke the approval.
12
(6) If the Secretary suspends the approval, the Secretary may, by
13
written notice at any time, further suspend or revoke the approval
14
under subsection (1) or remove the suspension.
15
84AAH Review of decisions relating to authorised midwives
16
(1) If the Secretary:
17
(a) decides not to approve an eligible midwife under
18
section 84AAF; or
19
(b) suspends or revokes an approval under section 84AAG;
20
the person to whom the approval relates may apply, in writing, to
21
the Secretary for reconsideration by the Secretary of the decision.
22
(2) On receiving an application under subsection (1) relating to a
23
decision not to approve an eligible midwife under section 84AAF,
24
the Secretary must reconsider the decision and:
25
(a) affirm the decision; or
26
(b) approve the eligible midwife.
27
An approval under paragraph (b) is taken, for the purposes of this
28
Act, to be an approval under section 84AAF.
29
(3) On receiving an application under subsection (1) relating to a
30
suspension or revocation of an approval under section 84AAG, the
31
Secretary must reconsider the decision and:
32
(a) affirm the suspension or revocation; or
33
(b) reinstate the approval.
34
Schedule 1 A mendments relating to med icare benefits and pharmaceutical benefits
26 Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No.
, 2009
A reinstatement under paragraph (b) has effect as if the approval
1
had never been revoked.
2
(4) The Secretary must give to the applicant written notice of the
3
Secretary's decision under subsection (2) or (3).
4
Note:
Sections 105AC of this Act and 27A of the Administrative Appeals
5
Tribunal Act 1975 require the person to be notified of the person's
6
review rights.
7
(5) In this section:
8
decision has the same meaning as in the Administrative Appeals
9
Tribunal Act 1975.
10
84AAI Meaning of eligible nurse practitioner
11
(1) For the purposes of this Part, a person is an eligible nurse
12
practitioner if the person:
13
(a) is a nurse practitioner; and
14
(b) meets the requirements (if any) set out in a determination
15
made under subsection (2).
16
(2) The Minister may, by legislative instrument, determine one or
17
more requirements that a specified person must meet in order to be
18
an eligible nurse practitioner for the purposes of this Part.
19
84AAJ Authorised nurse practitione rs
20
(1) An eligible nurse practitioner may apply to the Secretary, in
21
writing, to be an authorised nurse practitioner for the purposes of
22
this Part.
23
(2) The Secretary may approve the application if satisfied that the
24
eligible nurse practitioner meets the criteria determined under
25
paragraph (3)(a). The approval is subject to any conditions
26
determined under paragraph (3)(b).
27
(3) The Minister may, by legislative instrument, determine either or
28
both of the following:
29
(a) criteria by which applications are to be considered under this
30
section;
31
(b) conditions to which approvals under this section are subject.
32
Amend ments relating to medicare benefits and pharmaceutical benefits Schedule 1
Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No. , 2009
27
(4) The Secretary must, as soon as is practicable, approve or reject an
1
application under subsection (1) and notify the applicant in writing
2
of the decision.
3
Note:
Section 27A of the Administrative Appeals Tribunal Act 1975 requires
4
the person to be notified of the person's review rights.
5
84AAK Secretary may suspend or revoke approval of authorised
6
nurse practitioner
7
(1) The Secretary may suspend or revoke an approval under
8
section 84AAJ if satisfied that the person to whom the approval
9
relates:
10
(a) is not, at the time of the suspension or revocation, an eligible
11
nurse practitioner; or
12
(b) does not, at the time of the suspension or revocation, meet the
13
criteria that would apply if the person were to apply under
14
subsection 84AAJ(1) to be an authorised nurse practitioner at
15
that time; or
16
(c) has breached a condition to which the approval is subject
17
under paragraph 84AAJ(3)(b); or
18
(d) has breached a condition to which an approval would be
19
subject under paragraph 84AAJ(3)(b) if the person were to
20
apply under subsection 84AAJ(1) to be an authorised nurse
21
practitioner at that time.
22
(2) Before deciding to suspend or revoke the approval, the Secretary
23
must notify the person that suspension or revocation is being
24
considered. The notice must:
25
(a) be in writing; and
26
(b) include the Secretary's reasons for considering the
27
suspension or revocation; and
28
(c) invite the person to make written submissions to the
29
Secretary within the period of 28 days (the submission
30
period) after being given the notice.
31
(3) In deciding whether to suspend or revoke the approval, the
32
Secretary must consider any written submissions made by the
33
person during the submission period.
34
(4) The Secretary must give to the person written notice of the
35
decision. If the decision is to suspend an approval, the notice must
36
specify the period for which the approval is suspended.
37
Schedule 1 A mendments relating to med icare benefits and pharmaceutical benefits
28 Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No.
, 2009
Note:
Section 27A of the Administrative Appeals Tribunal Act 1975 requires
1
the person to be notified of the person's review rights.
2
(5) If the Secretary does not give the person written notice of the
3
decision within the period of 60 days after the end of the
4
submission period, the Secretary is taken to have decided not to
5
suspend or revoke the approval.
6
(6) If the Secretary suspends the approval, the Secretary may, by
7
written notice at any time, further suspend or revoke the approval
8
under subsection (1) or remove the suspension.
9
84AAL Review of decisions relating to authorised nurse
10
practitioners
11
(1) If the Secretary:
12
(a) decides not to approve an eligible nurse practitioner under
13
section 84AAJ; or
14
(b) suspends or revokes an approval under section 84AAK;
15
the person to whom the approval relates may apply, in writing, to
16
the Secretary for reconsideration by the Secretary of the decision.
17
(2) On receiving an application under subsection (1) relating to a
18
decision not to approve an eligible nurse practitioner under
19
section 84AAJ, the Secretary must reconsider the decision and:
20
(a) affirm the decision; or
21
(b) approve the eligible nurse practitioner.
22
An approval under paragraph (b) is taken, for the purposes of this
23
Act, to be an approval under section 84AAJ.
24
(3) On receiving an application under subsection (1) relating to a
25
suspension or revocation of an approval under section 84AAK, the
26
Secretary must reconsider the decision and:
27
(a) affirm the suspension or revocation; or
28
(b) reinstate the approval.
29
A reinstatement under paragraph (b) has effect as if the approval
30
had never been revoked.
31
(4) The Secretary must give to the applicant written notice of the
32
Secretary's decision under subsection (2) or (3).
33
Amend ments relating to medicare benefits and pharmaceutical benefits Schedule 1
Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No. , 2009
29
Note:
Sections 105AC of this Act and 27A of the Administrative Appeals
1
Tribunal Act 1975 require the person to be notified of the person's
2
review rights.
3
(5) In this section:
4
decision has the same meaning as in the Administrative Appeals
5
Tribunal Act 1975.
6
80 At the end of paragraph 86(1)(b)
7
Add:
8
; or (iv) midwifery treatment by an authorised midwife; or
9
(v) nurse practitioner treatment by an authorised nurse
10
practitioner;
11
81 Subsection 87(3)
12
After "88(6)", insert "or (6A)".
13
82 Subsection 87(3)
14
After "medical practitioner" (second occurring), insert ", authorised
15
midwife or authorised nurse practitioner".
16
83 Subsections 88(1AA) and (1B)
17
Repeal the subsections.
18
84 Subsection 88(1D)
19
Repeal the subsection, substitute :
20
(1D) Subject to this Part, an authorised midwife is authorised to write a
21
prescription on or after 1 November 2010 for the supply of any
22
pharmaceutical benefit determined from time to time by the
23
Minister for the purposes of this subsection, by legislative
24
instrument.
25
(1E) Subject to this Part, an authorised nurse practitioner is authorised
26
to write a prescription on or after 1 November 2010 for the supply
27
of any pharmaceutical benefit determined from time to time by the
28
Minister for the purposes of this subsection, by legislative
29
instrument.
30
(1F) When writing a prescription under subsection (1), (1A), (1C), (1D)
31
or (1E) for the supply of a pharmaceutical benefit that has a
32
Schedule 1 A mendments relating to med icare benefits and pharmaceutical benefits
30 Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No.
, 2009
pharmaceutical item, the PBS prescriber, in identifying the
1
pharmaceutical benefit that he or she is directing to be supplied,
2
need not specify:
3
(a) a listed brand of the pharmaceutical item in the
4
pharmaceutical benefit; or
5
(b) the manner of administration of the pharmaceutical item in
6
the pharmaceutical benefit.
7
85 At the end of subsection 88(3)
8
Add:
9
; or (d) by an authorised midwife otherwise than in relation to the
10
midwifery treatment of a person requiring that
11
pharmaceutical benefit; or
12
(e) by an authorised nurse practitioner otherwise than in relation
13
to the nurse practitioner treatment by the authorised nurse
14
practitioner of a person requiring that pharmaceutical benefit.
15
86 After subsection 88(6)
16
Insert:
17
(6A) If a person who is an authorised midwife or authorised nurse
18
practitioner may, in accordance with this Part, direct a repeated
19
supply of a pharmaceutical benefit, the person may, instead of
20
directing a repeated supply, direct in the prescription the supply on
21
one occasion of a quantity or number of units of the
22
pharmaceutical benefit not exceeding the total quantity or number
23
of units of:
24
(a) if the pharmaceutical benefit has a pharmaceutical item--the
25
pharmaceutical item; or
26
(b) in any other case--the pharmaceutical benefit;
27
not exceeding the total quantity or number of units that could be
28
prescribed if the person directed a repeated supply.
29
(6B) However, the person may only make a direction under
30
subsection (6A) if:
31
(a) the regulations prescribe either or both of the following:
32
(i) circumstances in which the person may make such a
33
direction;
34
(ii) conditions on the making of such a direction; and
35
Amend ments relating to medicare benefits and pharmaceutical benefits Schedule 1
Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No. , 2009
31
(b) the direction is made in those circumstances and in
1
accordance with those conditions.
2
87 Paragraph 89(b)
3
After "section 93,", insert "section 93AA,".
4
88 After section 93
5
Insert:
6
93AA Supply of certain pharmaceutical benefits by authorised
7
midwives and authorised nurse practitioners
8
(1) Except as prescribed by the regulations, an authorised midwife or
9
an authorised nurse practitioner is authorised to supply such
10
pharmaceutical benefits as the Minister, by legislative instrument,
11
determines to persons who are entitled under this Part to receive
12
those pharmaceutical benefits.
13
(2) For the purposes of this section, the Minister may, by legislative
14
instrument, determine the maximum quantity or number of units of
15
a pharmaceutical benefit which may be obtained by an authorised
16
midwife or an authorised nurse practitioner during a specified
17
period.
18
(3) The regulations may make provision for or in relation to the
19
obtaining of pharmaceutical benefits by an authorised midwife or
20
an authorised nurse practitioner for the purposes of this section.
21
(4) The regulations may make provision for or in relation to payments
22
by the Commonwealth in respect of the supply of pharmaceutical
23
benefits under this section.
24
89 After paragraph 98(1)(c)
25
Insert:
26
; or (d) an authorised midwife requests that his or her approval as an
27
authorised midwife under section 84AAF be cancelled; or
28
(e) an authorised nurse practitioner requests that his or her
29
approval as an authorised nurse practitioner under
30
section 84AAJ be cancelled;
31
90 Paragraphs 99(2A)(b), (2AB)(c) and (2B)(c)
32
Schedule 1 A mendments relating to med icare benefits and pharmaceutical benefits
32 Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No.
, 2009
After "88(6)", insert "or (6A)".
1
91 After paragraph 99ZJ(4)(aa)
2
Insert:
3
(ab) a letter from an authorised midwife or an authorised nurse
4
practitioner signed on or after 1 November 2010 to that
5
effect; or
6
92 Subparagraph 99ZJ(4)(b)(ii)
7
Repeal the subparagraph, substitute:
8
(ii) setting out the name and address of the medical or
9
dental practitioner, or the optometrist, authorised
10
midwife or authorised nurse practitioner, who
11
prescribed the substances; and
12
93 After subsection 99ZJ(4)
13
Insert:
14
(4A) For the purposes of subparagraph (4)(b)(ii), the substances must
15
have been prescribed:
16
(a) for substances prescribed by an optometrist--on or after
17
1 January 2008; or
18
(b) for substances prescribed by an authorised midwife or an
19
authorised nurse practitioner--on or after 1 November 2010.
20
94 Subsection 99ZJ(5)
21
Omit "(4)(a) or (b)", substitute "(4)(a), (aa), (ab) or (b)".
22
95 After subparagraph 99ZK(3)(c)(iii)
23
Insert:
24
(iiia) a letter from an authorised midwife or an authorised
25
nurse practitioner signed on or after 1 November 2010;
26
or
27
96 Paragraph 103(4AA)(a)
28
Omit "or optometrical treatment", substitute ", optometrical or
29
midwifery treatment, or the nurse practitioner treatment by an
30
authorised nurse practitioner,".
31
97 After subsection 105AB(2)
32
Amend ments relating to medicare benefits and pharmaceutical benefits Schedule 1
Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No. , 2009
33
Insert:
1
(3) An application may be made to the Tribunal for review of a
2
decision of the Secretary under paragraph 84AAH(2)(a) or (3)(a)
3
or 84AAL(2)(a) or (3)(a).
4
98 After paragraph 133(1)(ba)
5
Insert:
6
(bb) in the case of a defendant who is an authorised midwife--
7
suspend:
8
(i) the approval of that person under section 84AAF; or
9
(ii) the authority to supply prescribed pharmaceutical
10
benefits conferred upon that person by section 93AA; or
11
(bc) in the case of a defendant who is an authorised nurse
12
practitioner--suspend:
13
(i) the approval of that person under section 84AAJ; or
14
(ii) the authority to supply prescribed pharmaceutical
15
benefits conferred upon that person by section 93AA; or
16
99 Subsections 133(2) and (5)
17
Omit "medical practitioner, dental practitioner, optometrist or
18
pharmacist" (wherever occurring), substitute "person".
19
100 Subsection 133(6)
20
After "optometrist", insert ", a midwife, a nurse practitioner".
21
101 Subsection 133(7)
22
Insert:
23
authorised midwife has the same meaning as in Part VII.
24
102 Subsection 133(7)
25
Insert:
26
authorised nurse practitioner has the same meaning as in Part VII.
27
103 After paragraph 134(1)(c)
28
Insert:
29
; or (d) the approval of a person as an authorised midwife under
30
section 84AAF is suspended or revoked; or
31
Schedule 1 A mendments relating to med icare benefits and pharmaceutical benefits
34 Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No.
, 2009
(da) the approval of a person as an authorised nurse practitioner
1
under section 84AAJ is suspended or revoked;
2
104 Subsection 134(1)
3
Omit "that medical practitioner, dental practitioner or optometrist"
4
(wherever occurring), substitute "the person to whom the authority or
5
approval relates".
6
105 Subsection 134(3)
7
Omit "authority conferred upon a medical practitioner by section 88 or
8
section 93, the medical practitioner shall", substitute "authority or
9
approval referred to in subsection (4), the person to whom the authority
10
or approval relates must".
11
106 Subsection 134(3)
12
Omit "that medical practitioner's", substitute "the first-mentioned
13
person's".
14
107 After subsection 134(3) (before the penalty)
15
Insert:
16
(4) The authorities and approvals are as follows:
17
(a) an authority conferred upon a medical practitioner by
18
section 88 or 93;
19
(b) an approval of a person as an authorised midwife under
20
section 84AAF;
21
(c) an approval of a person as an authorised nurse practitioner
22
under section 84AAJ;
23
(d) an authority conferred upon an authorised midwife or an
24
authorised nurse practitioner by section 93AA.
25
108 After paragraph 135A(6)(g)
26
Insert:
27
(ga) a person or persons who, under a law of a State or Territory
28
that provides for the registration of midwives, or the
29
authorisation (however described) of persons to practise
30
midwifery, are empowered to:
31
(i) take disciplinary action with respect to midwives; or
32
(ii) investigate midwives in connection with the taking of
33
such disciplinary action; or
34
Amend ments relating to medicare benefits and pharmaceutical benefits Schedule 1
Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No. , 2009
35
(gb) a person or persons who, under a law of a State or Territory
1
that provides for the registration of nurse practitioners, or the
2
authorisation (however described) of persons to practise as
3
nurse practitioners, are empowered to:
4
(i) take disciplinary action with respect to nurse
5
practitioners; or
6
(ii) investigate nurse practitioners in connection with the
7
taking of such disciplinary action; or
8
109 After paragraph 135A(7)(d)
9
Insert:
10
(da) the administration of a specified law of a State or Territory,
11
being a law that provides for the registration of midwives, or
12
the authorisation (however described) of persons to practise
13
midwifery; or
14
(db) the administration of a specified law of a State or Territory,
15
being a law that provides for the registration of nurse
16
practitioners, or the authorisation (however described) of
17
persons to practise as nurse practitioners; or
18
110 After paragraph 135A(7)(k)
19
Insert:
20
(l) if the certificate specifies a purpose in relation to a specified
21
law of the kind referred to in paragraph (da)--to the person
22
or persons who are empowered to:
23
(i) take disciplinary action with respect to midwives; or
24
(ii) investigate midwives in connection with the taking of
25
such disciplinary action; or
26
(la) if the certificate specifies a purpose in relation to a specified
27
law of the kind referred to in paragraph (db)--to the person
28
or persons who are empowered to:
29
(i) take disciplinary action with respect to nurse
30
practitioners; or
31
(ii) investigate nurse practitioners in connection with the
32
taking of such disciplinary action; or
33
111 Paragraph 135A(9)(c)
34
Omit "or (h) or (7)(j) or (k)", substitute ", (ga), (gb) or (h), or (7)(j), (k)
35
(l) or (la),".
36
Schedule 1 A mendments relating to med icare benefits and pharmaceutical benefits
36 Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No.
, 2009
112 After paragraph 139A(1)(db)
1
Insert:
2
(dc) a person was or was not an authorised midwife under
3
section 84AAF;
4
(dd) a person was or was not an authorised nurse practitioner
5
under section 84AAJ;
6
(de) a person was or was not authorised under section 93AA to
7
supply pharmaceutical benefits specified in the certificate;
8
9
Amend ments consequential on the enactment of the Mid wife Professional Indemn ity
(Co mmon wealth Contribution) Scheme Act 2009 Schedule 2
Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No. , 2009
37
Schedule 2
--
Amendments consequential on
1
the enactment of the Midwife
2
Professional Indemnity
3
(Commonwealth Contribution) Scheme
4
Act 2009
5
6
Health Insurance Act 1973
7
1 Subsection 130(1)
8
Omit "medical indemnity legislation", substitute "indemnity
9
legislation".
10
2 Subsection 130(25)
11
Insert:
12
indemnity legislation means:
13
(a) the Medical Indemnity Act 2002; and
14
(b) the Medical Indemnity (Competitive Advantage Payment) Act
15
2005; and
16
(c) the Medical Indemnity (Run-off Cover Support Payment) Act
17
2004; and
18
(d) the Medical Indemnity (UMP Support Payment) Act 2002;
19
and
20
(e) the Midwife Professional Indemnity (Commonwealth
21
Contribution) Scheme Act 2009; and
22
(f) the Midwife Professional Indemnity (Run-off Cover Support
23
Payment) Act 2009.
24
3 Subsection 130(25) (definition of medical indemnity
25
legislation)
26
Repeal the definition.
27
Medical Indemnity Act 2002
28
4 Subsection 4(1)
29
Insert:
30
Schedule 2 A mendments consequential on the enactment of the Midwife Professional
Indemnity (Co mmonwealth Contribution) Scheme Act 2009
38 Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No.
, 2009
eligible midwife has the same meaning as in the Midwife
1
Professional Indemnity (Commonwealth Contribution) Scheme Act
2
2009.
3
5 Subsection 28(1)
4
After "profession", insert ", other than practice as an eligible midwife".
5
6 Paragraph 30(1)(b)
6
After "profession", insert ", other than practice as an eligible midwife".
7
7 Paragraph 34A(1)(a)
8
After "profession", insert "(other than practice as an eligible midwife)".
9
8 Paragraph 34E(1)(b)
10
After "profession", insert ", other than practice as an eligible midwife".
11
Medicare Australia Act 1973
12
9 After paragraph 3A(1)(bc)
13
Insert:
14
(bd) an offence against the Midwife Professional Indemnity
15
(Commonwealth Contribution) Scheme Act 2009; or
16
10 Paragraph 3A(1)(c)
17
Omit "or (bc)", substitute ", (bc) or (bd)".
18
11 After paragraph 3A(2)(bb)
19
Insert:
20
(bc) an offence against the Midwife Professional Indemnity
21
(Commonwealth Contribution) Scheme Act 2009; or
22
12 Paragraph 3A(2)(c)
23
Omit "section 6, 7 or 7A or paragraph 86(1)(a) of the Crimes Act 1914",
24
substitute "section 6 of the Crimes Act 1914, or section 11.1, 11.4 or
25
11.5 of the Criminal Code,".
26
13 Paragraph 3A(2)(c)
27
Omit "or (bb)", substitute ", (bb) or (bc)".
28
Amend ments consequential on the enactment of the Mid wife Professional Indemn ity
(Co mmon wealth Contribution) Scheme Act 2009 Schedule 2
Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No. , 2009
39
14 At the end of paragraph 3A(2)(d)
1
Add:
2
; or (iii) a Commonwealth contribution (within the meaning of
3
the Midwife Professional Indemnity (Commonwealth
4
Contribution) Scheme Act 2009).
5
15 After paragraph 3A(2A)(cb)
6
Insert:
7
(cc) an offence against the Midwife Professional Indemnity
8
(Commonwealth Contribution) Scheme Act 2009; or
9
16 Paragraph 3A(2A)(d)
10
Omit "or (cb)", substitute ", (cb) or (cc)".
11
17 At the end of paragraph 3A(2A)(e)
12
Add:
13
; or (iii) a Commonwealth contribution (within the meaning of
14
the Midwife Professional Indemnity (Commonwealth
15
Contribution) Scheme Act 2009).
16
18 At the end of subsection 42(2)
17
Add:
18
(d) the Midwife Professional Indemnity (Commonwealth
19
Contribution) Scheme Act 2009;
20
(e) the Midwife Professional Indemnity (Run-off Cover Support
21
Payment) Act 2009.
22
National Health Act 1953
23
19 Subsection 135A(1)
24
Omit "medical indemnity legislation", substitute "indemnity
25
legislation".
26
20 Subsection 135A(24)
27
Insert:
28
indemnity legislation means:
29
(a) the Medical Indemnity Act 2002; and
30
Schedule 2 A mendments consequential on the enactment of the Midwife Professional
Indemnity (Co mmonwealth Contribution) Scheme Act 2009
40 Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 No.
, 2009
(b) the Medical Indemnity (Competitive Advantage Payment) Act
1
2005; and
2
(c) the Medical Indemnity (Run-off Cover Support Payment) Act
3
2004; and
4
(d) the Medical Indemnity (UMP Support Payment) Act 2002;
5
and
6
(e) the Midwife Professional Indemnity (Commonwealth
7
Contribution) Scheme Act 2009; and
8
(f) the Midwife Professional Indemnity (Run-off Cover Support
9
Payment) Act 2009.
10
21 Subsection 135A(24) (definition of medical indemnity
11
legislation)
12
Repeal the definition.
13

 

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