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Health Practitioners (Special Events Exemption)
HEALTH PRACTITIONERS (SPECIAL
EVENTS EXEMPTION) BILL 1998
EXPLANATORY NOTE
GENERAL OUTLINE
Policy Objectives of the Bill
The objective of this Bill is to provide exemptions from the registration
requirements of Queensland legislation for health practitioners who
accompany overseas visitors participating in, or training for, declared
sporting, cultural and other events. The exemptions may be subject to
conditions and will only operate in relation to the provision of health care
services to the overseas visitors who engage the services of the health care
practitioners concerned.
How the Policy Objectives will be achieved
Visiting health practitioners from overseas who are accompanying
athletes or visitors for sporting, cultural or other events will be exempted
from registration requirements in Queensland and permitted to practice by
the following mechanisms:
· Ministerial declaration of a "special event" for a specified period
· A requirement for visiting practitioners to give notice of their
intention to provide health care services
· Authorisation of visiting practitioners to issue written
prescriptions for restricted and controlled drugs
· Authorisation of wholesalers to supply visiting practitioners with
S2 and S3 pharmaceutical products
· A requirement for the Chief Health Officer to monitor the
prescription of controlled and restricted drugs by visiting health
practitioners and the supply of S2 and S3 pharmaceutical
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Health Practitioners (Special Events Exemption)
products by wholesale
· The imposition of special conditions on the provision of health
care services by visiting health practitioners via a special event
notice
· Ensuring that visiting health practitioners operating in accordance
with the Act do not commit an offence under the Health (Drugs
and Poisons) Regulation 1996, the Drugs Misuse Act 1986 or the
following health registration Acts:
Chiropractors and Osteopaths Act 1979
Dental Technicians and Dental Prosthetists Act 1991
Dental Act 1971
Medical Act 1939
Nursing Act 1992
Occupational Therapists Act 1979
Optometrists Act 1974
Pharmacy Act 1976
Physiotherapists Act 1964
Podiatrists Act 1969
Psychologists Act 1977
Speech Pathologists Act 1979
Estimated cost for Government Implementation
The proposal is cost neutral.
Consistency with Fundamental Legislative Principles
One aspect of the Bill raising a possible fundamental legislative principle
issue arises from clause 6 of the Bill. Clause 6 details the proposed process
for the Minister to declare a special event via gazettal notice rather than via
subordinate legislation. It could be argued that this aspect of the Bill
infringes the principle that legislation should have sufficient regard to the
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Health Practitioners (Special Events Exemption)
institution of Parliament allowing the delegation of legislative power to be
sufficiently subject to the scrutiny of the Legislative Assembly.
The declaration of an event by subordinate legislation is considered
unnecessary as the declaration of a special event, triggering exemptions for
overseas health practitioners from Queensland registration requirements,
does not adversely affect the rights and liberties of any Queensland resident.
Also, given the administrative nature of aspects of the declaration it is
questionable whether the matters can be properly dealt with in a regulation,
eg. the specific conditions which may be attached to the practice of each
type of health practitioner.
Consultation
All Health Practitioner Registration Boards and health professional
associations were given the opportunity to comment on the New South
Wales Health Professionals (Special Events) Exemption Bill 1997 (on
which this Bill is based). The Interdepartmental Committee for the 2000
Olympics was also consulted.
OUTLINE OF PROVISIONS
PART 1--Preliminary
Clause 1 sets out the short title of the Act
Clause 2 sets out the purpose of the Act. The main object is to exempt
visiting health practitioners from the requirement for registration with the
relevant registration boards in Queensland for particular sporting, cultural or
other events, including the 2000 Olympics.
PART 2--Interpretation
Clause 3 provides that particular words used in the Bill are defined in the
dictionary in the schedule to the Bill (located at the end of the Bill).
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Health Practitioners (Special Events Exemption)
Clause 4 defines the term `visiting health practitioner' to capture those
persons who are resident in another country and who are engaged to
provide health care services to a visitor (defined in Clause 5). A visiting
health practitioner is only afforded this official status once notice has been
given of the practitioner's intention to treat visitors via the procedure
outlined in Clause 6.
Clause 5 defines the scope of what is meant by a "visitor". This term is
particularly relevant to Clause 7 which clarifies that the scope of the visiting
health practitioner's entitlement to practice is confined to those persons who
are defined as visitors. The definition of visitor targets two specific types of
visitor - the first being a person who lives in another country who is visiting
Queensland to officially participate in a gazetted event. This part of the
definition also captures persons who are in Queensland to prepare, train,
rehearse or become acclimatised in the lead in period prior to a special
event.
The second part of the definition captures persons who live in Australia
but are members of a group, the majority of which are residents of another
country. For example, a person may live in Australia but be a member of a
New Zealand sporting team.
PART 3--Special Events Exemption For Visiting Health
Practitioners
Clause 6 authorises the Minister to declare a special event by publishing
a notice in the Gazette for a sporting, cultural or other event where the
Minister considers the event will attract a significant number of participants
from other countries. The clause also requires the notice to specify the
period for which the declaration will operate and clarifies that the declaration
may include a period before or after the special event actually takes place.
The clause also includes a requirement that the notice must state the required
process for visiting health practitioners to notify their intention to provide
health care services to a visitor in Queensland.
Clause 7 authorises a visiting health practitioner to provide health care
services to a visitor if the health practitioner has been engaged to provide
services to the visitor identified in the notice required under clause 6. The
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Health Practitioners (Special Events Exemption)
clause then qualifies this authorisation so that the exemption only operates
during the period specified in the Gazettal notice and as long as the visiting
health practitioner is in compliance with the provisions of this Bill and any
conditions imposed under it.
Clause 8 provides for the inclusion of special conditions of practice to be
imposed on visiting health practitioners via the Gazettal notice.
Clause 9 provides for a visiting health practitioner to be authorised via a
special event notice, to issue a written prescription for a restricted drug 1 or
controlled drug2 to treat a visitor. The clause also authorises dispensers (ie.
pharmacists) to dispense drugs which may be legally prescribed by a
visiting health practitioner. The clause also authorises wholesalers who are
licensed under the Health (Drugs and Poisons) Regulation 1996 to supply
S2 and S3 substances3 to visiting health practitioners.
The authorisations relating to the supply and dispensing of drugs are
qualified by a requirement that such authorisations may only be issued
under a Special Event Notice where the Minister is satisfied adequate
arrangements are in place to guarantee that the drugs will only be prescribed
for visitors (as defined in the Act).
The Bill also provides that the visiting health practitioner's authorisation
to prescribe drugs may also be qualified in a way which permits conditions
to be imposed on the authorisation. In keeping with the intent to limit this
privilege where necessary, the Minister may for example, withhold
prescribing rights for a particular class of drugs or for a particular group of
persons via the imposition of special conditions under this clause.
Clause 10 creates a duty for visiting health practitioners to ensure that
restricted or controlled drugs in their possession are kept in a secure place
under their personal control and in accordance with the written directions of
the Chief Health Officer. The intention of this provision is to create a duty
for visiting health practitioners to store any restricted or controlled drugs in
a secure manner. The duty has been cast in a form equivalent to that which
1 A restricted drug is a class of drug excluding narcotic substances, which is available on
prescription from a medical practitioner or, in limited circumstances, a dentist.
2A controlled drug is a narcotic substance which can only be obtained on prescription from a
medical practitioner or, in limited circumstances, a dentist.
3 An S2 or S3 substance is a preparation which is retailed only from a pharmacy.
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Health Practitioners (Special Events Exemption)
exists for local practitioners.
Clause 11 provides that a visiting health practitioner does not commit an
offence under a health registration Act, the Health (Drugs and Poisons)
Regulation or the Drugs Misuse Act 1986 by prescribing, possessing,
supplying or administering any substance which can be legally prescribed,
possessed, supplied or administered by a local practitioner in Queensland,
or by providing health care services in accordance with the proposed
legislation (including "holding out" to be so authorised).
The clause also provides that a visitor does not commit an offence under
the Health (Drugs and Poisons) Regulation 1996 or the Drugs Misuse Act
1986 by doing anything or possessing any substance as a result of receiving
health care services from a visiting health professional in accordance with
the Act.
The clause also authorises pharmacists to fill prescriptions issued in
accordance with the Act, and for wholesalers to supply substances in
accordance with the proposed Act without committing offences under the
Health (Drugs and Poisons) Regulation 1996 or the Drugs Misuse Act
1986.
PART 4--Monitoring
Clause 12 creates a duty for the Chief Health Officer to monitor the
prescription of controlled and restricted drugs and the wholesale supply of
S2 and S3 substances under clause 9. The intent of this provision is to
ensure that visiting health practitioners are held accountable for the drugs
they are supplied and to minimise the risk of abuse of this privilege. Clause
13 reinforces the monitoring arrangements for controlled and restricted
drugs. For S2 and S3 drugs there is an existing requirement under s. 237
of the Health (Drugs and Poisons) Regulation for wholesalers to keep a
record of all substances supplied for 2 years after the transaction, which can
be accessed as required by the Chief Health Officer.
Clause 13 requires dispensers to forward copies of prescriptions received
from visiting health practitioners to the chief health officer within 14 days.
The copies of prescriptions must clearly list the type and quantities of any
drugs issued via prescription. The intent of this provision is to ensure that it
is possible to monitor the dispensing and administration of prescription
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Health Practitioners (Special Events Exemption)
drugs by visiting health practitioners.
PART 5--Miscellaneous
Clause 14 states that a complaint may not be made against a visiting
health practitioner under the Health Rights Commission Act 1991 or a health
registration Act. However the proposed legislation does not prevent the
taking of proceedings against a visiting health professional for the
commission of an offence against a registration Act. This clarifies that a
registration board can prosecute a visiting health practitioner if the
practitioner does not comply with the requirements of the Act including, for
example, treating persons other than visitors. The final part of the clause
clarifies that where a visiting health practitioner is also registered in
Queensland then nothing in the proposed legislation prevents anyone from
making a complaint under the Health Rights Commission Act or a health
registration Act against that registered practitioner.
Clause 15 clarifies that a visiting health practitioner who is already
registered under a health registration Act is not limited by this Act in the
practice of his or her profession as a registered health practitioner.
Clause 16 provides for the taking of summary proceedings for an
offence against the Act.
Clause 17 enables regulations to be made for the purposes of the Act.
© The State of Queensland 1998