HEALTH PRACTITIONER ACTS (AMENDMENT) BILL 2000

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HEALTH PRACTITIONER ACTS (AMENDMENT) BILL 2000

PARLIAMENT OF VICTORIA Health Practitioner Acts (Amendment) Act 2000 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purpose 1 2. Commencement 2 PART 2--MEDICAL PRACTICE ACT 1994 3 3. Definitions 3 4. Information with applications 3 5. Professional indemnity insurance 4 6. Specific registration 6 7. New section 9A inserted 8 9A. Student registration 8 8. Renewal of registration 9 9. Consequential amendment 10 10. The register 10 11. Amended certificates 10 12. New section 21A inserted 10 21A. Provision of information 10 13. New heading inserted 11 "PART 3--INVESTIGATIONS". 11 14. Complaints 12 15. Suspension of registration 12 16. Heading amended 12 17. Investigation of students 12 18. Consequential amendments 13 19. Outcomes of preliminary investigation into student 14 20. Up dated reference 15 21. Determinations at hearings 15 22. Constitution of panels 16 23. Conduct of a formal hearing 17 24. New section 51A inserted 17 51A. Investigation may continue even if person no longer registered 17 25. Notifications 18 i 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Clause Page 26. Offence to publish information identifying practitioner or student 19 27. Miscellaneous amendments 19 28. Advertising 20 29. New sections 64A to 64D inserted 20 64A. Medical students 20 64B. Advertising guidelines 20 64C. Power of the courts to require corrective advertising 21 64D. Exemptions 22 30. Functions of Board 23 31. New sections 75A and 75B inserted 24 75A. Resolutions without meetings 24 75B. Approved methods of communication for Board 25 32. Abolition of Intern Training Accreditation Committee 25 33. Funding of programs 26 34. New section 93 substituted and sections 93A to 93D inserted 26 93. Identification 26 93A. Powers of entry with warrant 26 93B. Announcement before entry 28 93C. Copy of warrant to be given to occupier 28 93D. Copies or receipts to be given 29 35. Powers of the Board with respect to intern training 29 PART 3--DENTAL PRACTICE ACT 1999 31 36. Professional indemnity insurance 31 37. Provision of information to the Board 34 38. Formal hearings 35 39. Suppression of practitioner's name 35 40. Statute law revision 36 NOTES 37 ii 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

PARLIAMENT OF VICTORIA Initiated in Assembly 3 May 2000 A BILL to make miscellaneous amendments to the Dental Practice Act 1999 and the Medical Practice Act 1994 and for other purposes. Health Practitioner Acts (Amendment) Act 2000 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is to make miscellaneous amendments to the Dental Practice Act 1999 and 5 the Medical Practice Act 1994. 1 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 2 Act No. 2. Commencement (1) Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent. 5 (2) Part 3 comes into operation on 1 July 2000. (3) Subject to sub-section (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (4) If a provision referred to in sub-section (3) does 10 not come into operation before 27 June 2001, it comes into operation on that day. _______________ 2 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 3 Act No. PART 2--MEDICAL PRACTICE ACT 1994 3. Definitions No. 23/1994. In section 3(1) of the Medical Practice Act Reprinted to 1994-- 17 September 1998. Further 5 (a) in the definition of "registered medical amended by No. 62/1998. practitioner", after "provisional" insert "but does not include a registered medical student"; (b) insert the following definitions-- 10 ' "professional indemnity insurance" includes insurance against civil liability in connection with the practice of medicine and an agreement or arrangement for discretionary 15 indemnity in respect of that liability; "registered medical student" means a medical student registered under section 9A;'; (c) in the definition of "unprofessional conduct", 20 after paragraph (h) insert-- "; or (i) the contravention of, or failure to comply with a condition, limitation or restriction on the registration of the 25 medical practitioner imposed by or under this Act.". 4. Information with applications (1) For section 5(2) of the Medical Practice Act 1994 substitute-- 30 "(2) An application must be-- (a) in writing in the prescribed form; and 3 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 5 Act No. (b) accompanied by the fee fixed by the Board; and (c) accompanied by the information referred to in section 21A; and 5 (d) accompanied by evidence of the qualifications which the applicant claims entitle her or him to the type of registration applied for.". (2) In section 5(3) of the Medical Practice Act 1994, 10 after paragraph (c) insert-- "; and (d) may require the applicant to provide evidence that the applicant will, at the time of commencing to practise medicine, be 15 covered by professional indemnity insurance that meets the minimum terms and conditions set out in the guidelines of the Board; and (e) may require the applicant to provide a postal 20 address that may be published in the register where the applicant can be contacted by mail.". 5. Professional indemnity insurance (1) In section 7(2) of the Medical Practice Act 1994, 25 after paragraph (h) insert-- "(i) that, in the opinion of the Board, the medical practitioner does not have adequate arrangements for professional indemnity insurance that meet the minimum terms and 30 conditions set out in the guidelines of the Board.". 4 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 5 Act No. (2) After section 7(3) of the Medical Practice Act 1994 insert-- "(3A) Without limiting the Board's powers under sub-section (3) it may impose a condition-- 5 (a) that-- (i) the medical practitioner must hold professional indemnity insurance; or (ii) the medical care provided by the 10 medical practitioner must be covered by professional indemnity insurance; or (iii) the medical practitioner must be specified or referred to in 15 professional indemnity insurance, whether by name or otherwise, as a person to whom the professional indemnity insurance extends even though the medical practitioner is 20 not a party to the professional indemnity insurance; and (b) that the professional indemnity insurance must meet the minimum terms and conditions set out in the 25 guidelines of the Board. (3B) If the applicant's arrangements satisfy the minimum terms and conditions set out in the guidelines of the Board, the Board must not-- 30 (a) refuse to grant registration on the basis that the practitioner's arrangements for professional indemnity insurance are in the form of insurance or a discretionary indemnity; or 5 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 6 Act No. (b) impose a condition on the registration of a medical practitioner to require that the practitioner's arrangements for professional indemnity insurance must 5 be in the form of insurance or a discretionary indemnity.". (3) In section 7(4) of the Medical Practice Act 1994, after "(3)" insert "or (3A)". 6. Specific registration 10 (1) In section 8(1) of the Medical Practice Act 1994, for paragraph (c) substitute-- "(c) to enable an applicant to practise within a medical speciality if the applicant holds-- (i) qualifications in medicine obtained 15 outside Australia which do not qualify the applicant for general registration; and (ii) specialist qualifications in a field of medicine that are recognised by the 20 relevant specialist college within Australia; or". (2) After section 8(2) of the Medical Practice Act 1994 insert-- "(2A) Without limiting the Board's powers under 25 sub-section (2) it may impose a condition-- (a) that-- (i) the medical practitioner must hold professional indemnity insurance; or 30 (ii) the medical care provided by the medical practitioner must be covered by professional indemnity insurance; or 6 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 6 Act No. (iii) the medical practitioner must be specified or referred to in professional indemnity insurance, whether by name or otherwise, as 5 a person to whom the professional indemnity insurance extends even though the medical practitioner is not a party to the professional indemnity insurance; and 10 (b) that the professional indemnity insurance must meet the minimum terms and conditions set out in the guidelines of the Board. (2B) If the applicant's arrangements satisfy the 15 minimum terms and conditions set out in the guidelines of the Board, the Board must not-- (a) refuse to grant registration on the basis that the practitioner's arrangements for 20 professional indemnity insurance are in the form of insurance or a discretionary indemnity; or (b) impose a condition on the registration of a medical practitioner to require the 25 practitioner's arrangements for professional indemnity insurance to be in the form of insurance or a discretionary indemnity.". (3) In section 8(3) of the Medical Practice Act 1994, 30 after "(2)" insert "or (2A)". 7 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 7 Act No. 7. New section 9A inserted After section 9 of the Medical Practice Act 1994 insert-- "9A. Student registration 5 (1) The Board may grant or renew registration as a student to a person to enable that person to undertake or complete a course of study or supervised training-- (a) at a medical school accredited by the 10 Australian Medical Council required for registration as a medical practitioner under this Act; or (b) for an Australian Medical Council examination. 15 (2) A person may apply in writing in the prescribed form to the Board for registration or renewal of registration as a medical student. (3) The Board may require an applicant for 20 registration or renewal of registration under this section to provide information or material in respect of the application. (4) The registration of a person as a medical student under this section-- 25 (a) continues in force for the period specified by the Board not exceeding 12 months; and (b) is subject to any conditions, limitations and restrictions imposed by the Board; 30 and (c) may be renewed by the Board for a period specified by the Board not exceeding 12 months. 8 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 8 Act No. (5) The Board must not impose a condition on the registration of a person as a student relating to professional indemnity insurance. (6) The Board may, upon application by the 5 registered medical student, amend, vary or revoke any condition, limitation or restriction on the registration of that medical student. (7) No fee is payable for registration or renewal 10 of registration as a medical student under this Division.". 8. Renewal of registration For section 13(1) of the Medical Practice Act 1994 substitute-- 15 "(1) An application for renewal of registration as a medical practitioner must be-- (a) made to the Board before the existing registration expires; and (b) accompanied by the information 20 referred to in section 21A; and (c) accompanied by the fee (if any) determined by the Board. (1A) The Board may require an applicant to provide evidence that the applicant will be 25 covered by professional indemnity insurance that meets the minimum terms and conditions set out in guidelines of the Board. (1B) A person, other than a person who has specific registration under section 8(1)(c) to 30 practise within a medical speciality, may not apply for renewal of specific or provisional registration.". 9 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 9 Act No. 9. Consequential amendment For the heading to Division 2 of Part 2 of the Medical Practice Act 1994 substitute-- "Division 2--Other requirements". 5 10. The register In section 17(6) of the Medical Practice Act 1994, after "unless" insert-- "-- (a) the private address is also the postal address 10 nominated by the practitioner; or (b) ". 11. Amended certificates After section 18(3) of the Medical Practice Act 1994 insert-- 15 "(4) If the Board notifies a medical practitioner of any condition, limitation or restriction it has imposed on the medical practitioner's registration, the medical practitioner must return the current certificate of registration to 20 the Board for notation of that condition, limitation or restriction on the certificate. Penalty: 20 penalty units.". 12. New section 21A inserted After section 21 of the Medical Practice Act 25 1994 insert-- "21A. Provision of information (1) If a person has claimed damages or other compensation from a registered medical practitioner for alleged negligence in the 30 course of providing medical care, the 10 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 13 Act No. medical practitioner must provide the Board with information about the amount of damages or other compensation the medical practitioner is ordered by a court to pay 5 within 30 days after the order is made. (2) Sub-section (1) does not apply if-- (a) the amount is less than the amount fixed by the Board for the purposes of this section; or 10 (b) the court orders that the terms of the order should not be disclosed. (3) If a registered medical practitioner has in respect of an indictable offence-- (a) been committed for trial; or 15 (b) been convicted or found guilty of the offence-- the medical practitioner must notify the Board within 30 days after that committal for trial, conviction or finding of guilt. 20 (4) An applicant for registration or renewal of registration as a medical practitioner must ensure that details of any of the matters required to be notified by sub-section (1) or (3) are set out in the application. 25 (5) The Board, by notice published in the Government Gazette, may fix an amount of damages or compensation referred to in this section.". 13. New heading inserted 30 For the heading to Part 3 of the Medical Practice Act 1994 substitute-- "PART 3--INVESTIGATIONS". 11 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 14 Act No. 14. Complaints At the end of section 22 of the Medical Practice Act 1994 insert-- "(2) A person may make a complaint to the Board 5 about a person who was a registered medical practitioner but has ceased to be a registered medical practitioner if the complaint relates to conduct of the other person at a time when that other person was a registered medical 10 practitioner.". 15. Suspension of registration In section 27(1) of the Medical Practice Act 1994, for "upon" substitute "after". 16. Heading amended 15 In the heading to Division 2 of Part 3 of the Medical Practice Act 1994, after "practitioners" insert "and medical students". 17. Investigation of students After section 28 of the Medical Practice Act 20 1994 insert-- "(2) If the Board believes the ability of a registered medical student to have direct patient contact as part of her or his course of study may be affected because-- 25 (a) of the physical or mental health of the student; or (b) the student has an incapacity; or (c) the student is an alcoholic or drug- dependent person-- 12 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 18 Act No. the Board may appoint one of its members to conduct a preliminary investigation into the matter.". 18. Consequential amendments 5 In the Medical Practice Act 1994-- (a) in sections 29(1), 34(1), 35, 36, 55 and 56 after "medical practitioner" (wherever occurring) insert "or medical student"; (b) in sections 29(2), 30, 31, 32, 34, 35, 36, 46, 10 48 and 49 after "the practitioner" (wherever occurring) insert "or student"; (c) in sections 30(1) and 31(4) for "another" substitute "a"; (d) in section 31(4) after "that practitioner" 15 insert "or that student"; (e) in section 34(1)-- (i) after "practise medicine" insert "or have direct patient contact"; (ii) after "Board" insert "to suspend the 20 practitioner's or student's registration or"; (iii) for "practice" substitute "registration". (f) in section 35-- (i) after "practitioner's" insert "or medical 25 student's"; (ii) after "practise medicine" insert "or have direct patient contact". (g) in section 36-- (i) after "practise medicine" insert "or 30 have direct patient contact"; 13 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 19 Act No. (ii) after "practise" insert "or have direct patient contact"; (h) in section 51(1) after "registered medical practitioner" insert "or the ability of a 5 registered medical student to have direct patient contact"; (i) in section 60(1)(c) for "person" (where twice occurring) substitute "practitioner"; (j) in section 60(1) after paragraph (c) insert-- 10 "(ca) a decision of the Board to suspend the registration of a medical student, if the Board has not instigated an investigation into the ability of the medical student to have direct patient 15 contact within a reasonable time after having suspended that registration; or". 19. Outcomes of preliminary investigation into student (1) In section 32(1) of the Medical Practice Act 1994-- 20 (a) in paragraph (a) before "alter" insert "in the case of a practitioner,"; (b) after paragraph (a) insert-- "(ab) in the case of a student, alter the way she or he has direct patient contact; or". 25 (2) At the end of section 33 of the Medical Practice Act 1994 insert-- "(2) If a registered medical student who is the subject of a preliminary investigation under this Division-- 14 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 20 Act No. (a) does not agree to undergo an examination under section 30 or does not abide by an agreement to undergo such an examination; or 5 (b) does not reach an agreement with the Board under section 32 or does not abide by an agreement reached with the Board under section 32-- the Board may refer the matter to a formal 10 hearing.". 20. Up dated reference In section 37(2) of the Medical Practice Act 1994 in paragraph (e) for "Physiotherapists Act 1978" substitute "Physiotherapists 15 Registration Act 1998". 21. Determinations at hearings (1) In section 43(2) of the Medical Practice Act 1994, after paragraph (a) insert-- "(ab) that the medical practitioner undertake 20 further education of the kind stated in the determination and to complete it within the period specified in the determination;". (2) In section 51(1) of the Medical Practice Act 1994, after paragraph (b) insert-- 25 "; or (c) the ability of the medical student to have direct patient contact is affected because-- (i) of the physical or mental health of the student; or 30 (ii) the student has an incapacity; or 15 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 22 Act No. (iii) the student is an alcoholic or drug- dependent person; or (d) the ability of the student is not affected.". (3) After section 51(2) of the Medical Practice Act 5 1994 insert-- "(3) If the panel makes a finding under sub- section (1)(c), the panel may make one or more of the following determinations-- (a) to impose any condition, limitation or 10 restriction on direct patient contact by the student; (b) to prohibit the student from having direct patient contact for the period specified. 15 (4) A determination of the Board takes effect when notice of it is served on the medical school where the student is enrolled. (5) A medical student is not permitted to have direct patient contact contrary to the terms of 20 a determination in force under this section.". 22. Constitution of panels (1) In sections 40 and 47 of the Medical Practice Act 1994, for sub-section (2) substitute-- "(2) If-- 25 (a) the Board is unable to appoint a panel because there are not enough members available to sit on it; or (b) the Board is of the opinion that a person with special expertise is 30 required for the hearing-- 16 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 23 Act No. the President or, in the absence of the President, the Deputy President may fill the vacant positions on the panel by appointing persons who are not members of the Board 5 from a list of persons approved by the Governor in Council under sub-section (4).". (2) After sections 40(3) and 47(3) of the Medical Practice Act 1994 insert-- "(4) The Governor in Council, on the 10 recommendation of the Minister, may approve persons who are not members of the Board to be available to be appointed to a panel under sub-section (2).". 23. Conduct of a formal hearing 15 After section 49(d) of the Medical Practice Act 1994 insert-- "; and (e) the panel may determine that any information that might enable the registered 20 medical practitioner or medical student who is the subject of the hearing to be identified must not be published or broadcast prior to the making of a final determination if the panel considers it necessary to do so to avoid 25 prejudicing the administration of justice or for any other reason in the interests of justice.". 24. New section 51A inserted After the heading to Division 4 of Part 3 of the 30 Medical Practice Act 1994 insert-- "51A. Investigation may continue even if person no longer registered (1) The Board may-- 17 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 25 Act No. (a) conduct an investigation into a complaint referred to in section 22(2) and make a finding or determination under this Part; 5 (b) conduct a hearing and make a finding or determination under this Part in relation to a complaint referred to in section 22(2)-- as if the person referred to in that complaint 10 were a registered medical practitioner. (2) The Board may-- (a) conduct or continue to conduct an investigation into the professional conduct of a person who has ceased to 15 be a registered medical practitioner but who was a registered medical practitioner at the time a complaint was made or the Board had determined to conduct an investigation into the 20 conduct and make a finding or determination under this Part; (b) conduct or continue to conduct a hearing and make a finding or determination under this Part in relation 25 to a person who has ceased to be a registered medical practitioner but who was a registered medical practitioner at the time the Board had determined to conduct the hearing-- 30 as if the person were a registered medical practitioner.". 25. Notifications (1) After section 57(1) of the Medical Practice Act 1994 insert-- 18 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 26 Act No. "(1A) If a determination has been made by a panel-- (a) imposing any condition, limitation or restriction on the medical student 5 having direct patient contact; or (b) prohibiting the medical student from having direct patient contact for the period specified-- the Board must give notice of the 10 determination to the Australian Medical Council and the medical school where the student is enrolled.". (2) In section 57(2) of the Medical Practice Act 1994, after "(1)" insert "or (1A)". 15 26. Offence to publish information identifying practitioner or student In section 58 of the Medical Practice Act 1994-- (a) after paragraph (b) insert-- "; or 20 (c) if the panel has made a determination prohibiting the publication or broadcast of the identity of the registered medical practitioner or medical student before the making of a final determination, 25 that practitioner or student to be identified prior to the making of the final determination"; (b) for "or witness" substitute ", witness, practitioner or student". 30 27. Miscellaneous amendments In the Medical Practice Act 1994-- (a) in section 59(1) omit ", whether appointed by the Board or the Governor in Council,"; 19 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 28 Act No. (b) in section 61 after "decision" (wherever occurring) insert ", finding". 28. Advertising (1) In section 64(1) of the Medical Practice Act 5 1994, for paragraph (d) substitute-- "(d) creates an unreasonable expectation of beneficial treatment.". (2) After section 64(3) of the Medical Practice Act 1994 insert-- 10 "(4) Despite section 26 of the Magistrates' Court Act 1989, proceedings for an offence against this section may be commenced within 3 years after the commission of the alleged offence. 15 (5) A person who advertises a medical practitioner's practice or a medical practitioner's services in a manner otherwise than in compliance with this section is guilty of a continuing offence and may be 20 convicted in respect of each day on which the offence continues.". 29. New sections 64A to 64D inserted After section 64 of the Medical Practice Act 1994 insert-- 25 "64A. Medical students A person is not entitled to have direct patient contact in a hospital or other teaching facility as part of a course of medical study or medical training at a medical school 30 accredited by the Australian Medical Council unless the person is a registered medical student or a registered medical practitioner under this Act. 64B. Advertising guidelines 20 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 29 Act No. (1) The Governor in Council may, on the recommendation of the Board, by notice published in the Government Gazette, issue guidelines about the minimum standards 5 acceptable to the Board for or with respect to the advertising of medical services. (2) The Board must consult with any person nominated by the Minister in formulating guidelines for the purposes of this section. 10 (3) The Board must ensure that any guidelines that it has formulated for recommendation to the Governor in Council have been notified with a request for public comment in the Government Gazette, a newspaper 15 circulating generally throughout Victoria and in any professional magazine, newsletter or journal circulating amongst medical practitioners in Victoria at least 60 days before the recommendation is given to the 20 Governor in Council. (4) The Board must have regard to any comments received pursuant to a notice under this section in making a recommendation to the Governor in Council. 25 (5) The Board must have regard to any guidelines issued by the Governor in Council under this section. (6) A court may have regard to any guidelines issued by the Governor in Council under this 30 section. 64C. Power of the courts to require corrective advertising 21 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 29 Act No. If, on the application of the Minister a court is satisfied that there has been a contravention of section 64(1)(a), (b), (c) or (d) the court may make either or both of the 5 following orders-- (a) an order requiring any person involved in the contravention to disclose any information which is in the person's possession or to which the person has 10 access, which is information or of a class of information specified in the order-- (i) to the public or any person or class of persons specified in the 15 order; and (ii) in the manner specified in the order; (b) an order requiring any person involved in the contravention to publish an 20 advertisement in the terms specified or determined in accordance with the order-- (i) at the expense of the person; and (ii) in the manner and at the times 25 specified in the order. 64D. Exemptions Nothing in section 62 applies to the giving or performance of any medical or surgical advice, service, attendance or operation by a 30 person registered as a medical practitioner under the law in force in another State or Territory or New Zealand-- (a) in an emergency if no other registered medical practitioner is available; or 22 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 30 Act No. (b) if the person is acting in accordance with that registration for the purpose of tissue removal or transplantation in accordance with the Human Tissue 5 Act 1982; or (c) if the person is acting in accordance with that registration in relation to a patient who is being transported into or out of Victoria for medical treatment.". 10 30. Functions of Board (1) In section 66(1) of the Medical Practice Act 1994-- (a) after paragraph (a) insert-- "(ab) to regulate the standards of medical 15 practice in the public interest;"; (b) after paragraph (d) insert-- "(da) to issue and publish codes for the guidance of registered medical practitioners about standards 20 recommended by the Board relating to the practise of medicine; (db) to issue and publish guidelines about the minimum terms and conditions of professional indemnity insurance for 25 registered medical practitioners; (dc) to initiate, promote, support or participate in programs that the Board considers will improve medical practitioners' ability to practise 30 medicine and medical students' ability to have direct patient contact without being affected by any matter referred to in section 28 and to protect the public from those practitioners or students and 23 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 31 Act No. to provide funding for those programs;". (2) After section 66(3) of the Medical Practice Act 1994 insert-- 5 "(4) The Board must consult with registered medical practitioners before formulating any codes referred to in sub-section (1)(da).". 31. New sections 75A and 75B inserted After section 75 of the Medical Practice Act 10 1994 insert-- "75A. Resolutions without meetings (1) If-- (a) the Board has taken reasonable steps to give notice to each member setting out 15 the terms of a proposed resolution; and (b) a majority of the members for the time being sign a document containing a statement that they are in favour of the resolution in the terms set out in the 20 document-- a resolution in those terms is deemed to have been passed at a meeting of the Board held on the day on which the document is signed or, if the members referred to in paragraph 25 (b) do not sign it on the same day, on the day on which the last of those members signs the document. (2) If a resolution is, under sub-section (1), deemed to have been passed at a meeting of 30 the Board, each member must as soon as practicable be advised of the matter and given a copy of the resolution. (3) For the purposes of sub-section (1), 2 or more separate documents containing a 24 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 31 32 Act No. statement in identical terms, each of which is signed by one or more members, are deemed to constitute one document. (4) The majority of members referred to in sub- 5 section (1)(b) must not include a member who, because of section 75, is not entitled to vote on the resolution. (5) This section does not apply to any resolution of the Board relating to a matter being 10 considered under Part 3. 75B. Approved methods of communication for Board (1) If not less than two-thirds of the members of the Board for the time being holding office 15 so agree, a meeting of the Board may be held by means of a method of communication, or by means of a combination of methods of communication, approved by the President of the Board for the purposes of that 20 meeting. (2) For the purposes of this Part, a member of the Board who participates in a meeting held as permitted by sub-section (1) is present at the meeting even if he or she is not 25 physically present at the same place as another member participating in the meeting. (3) This section-- (a) applies to a meeting or a part of a meeting; 30 (b) does not apply to a meeting conducted for the purposes of Part 3.". 32. Abolition of Intern Training Accreditation Committee 25 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 Act No. Division 2 of Part 6 of the Medical Practice Act 1994 is repealed. 33. Funding of programs In section 89(4) of the Medical Practice Act 5 1994, after paragraph (a) insert-- "(ab) expenses incurred in initiating, promoting, supporting or participating in programs referred to in section 66(1)(dc) and providing funding for those programs; and". 10 34. New section 93 substituted and sections 93A to 93D inserted For section 93 of the Medical Practice Act 1994 substitute-- "93. Identification 15 (1) The Board must issue an identification card to each person appointed by the Board to apply for or execute search warrants for the purposes of this Act. (2) A person appointed by the Board must, in 20 the course of performing his or her functions under this Act, produce his or her identification card to any person who requests its production. 93A. Powers of entry with warrant 25 (1) A person appointed for that purpose by the Board may apply to a magistrate for the issue of a search warrant in relation to particular premises if that person believes, on reasonable grounds-- 30 (a) that there is or has been a contravention of this Act or the regulations on the premises; or 26 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 34 Act No. (b) that entry into or onto the premises is necessary for the purpose of investigating a complaint made under this Act which, if substantiated, may 5 provide grounds for the suspension or cancellation of registration of a medical practitioner. (2) If a magistrate is satisfied by evidence on oath, whether oral or by affidavit, that there 10 are reasonable grounds for suspecting that there is on the premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations or of grounds for the suspension or 15 cancellation of the registration of a medical practitioner or medical student, the magistrate may issue a search warrant authorising any person named in the warrant-- 20 (a) to enter the premises or the part of the premises named or described in the warrant; and (b) to search for and seize a thing named or described in the warrant; and 25 (c) to bring the thing before the Court so that the matter may be dealt with according to law. (3) In addition to any other requirement, a search warrant issued for the purposes of this 30 section must state-- (a) the offence or grounds of suspension or cancellation suspected; and (b) the premises to be searched; and (c) the name or a description of the thing to 35 be searched for; and 27 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 34 Act No. (d) any conditions to which the warrant is subject; and (e) whether entry is authorised to be made at any time or during stated hours; and 5 (f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. (4) A search warrant must be issued in accordance with the Magistrates' Court Act 10 1989 and in a form prescribed under that Act. (5) The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and 15 apply to warrants under this section. 93B. Announcement before entry (1) Immediately before executing a search warrant, a person named in the warrant must announce that he or she is authorised by the 20 warrant to enter the premises. (2) The person need not comply with sub- section (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure the safety 25 of any person or that the effective execution of the search warrant is not frustrated. 93C. Copy of warrant to be given to occupier If the occupier or another person who apparently represents the occupier is present 30 at premises when a search warrant is being executed, the person or persons named in the warrant must-- 28 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 35 Act No. (a) identify themselves to that person by producing their identification card for inspection by that person; and (b) give to that person a copy of the 5 execution copy of the warrant. 93D. Copies or receipts to be given (1) If a person seizes-- (a) a document, disk or tape or other thing that can be readily copied; or 10 (b) a storage device the information in which can be readily copied-- under a warrant the person, on request by the occupier, must give a copy of the thing or information to the occupier as soon as 15 practicable after the seizure. (2) If a person seizes a thing under a warrant and has not provided a copy of the thing or information under sub-section (1) the person must provide a receipt for that thing as soon 20 as practicable after the seizure.". 35. Powers of the Board with respect to intern training (1) In section 94 of the Medical Practice Act 1994, for "Intern Training Accreditation Committee or a registered medical practitioner authorised in 25 writing by that committee" substitute "Board or a person authorised in writing by the Board". (2) In section 95(3) of the Medical Practice Act 1994, for "must have regard to the advice of the Intern Training Accreditation Committee" 30 substitute "may obtain and have regard to the advice of a person or body referred to in sub- section (5)". 29 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 35 Act No. (3) After section 95(4) of the Medical Practice Act 1994 insert-- "(5) The Board may engage consultants or enter into any agreement or arrangement with any 5 person or body to-- (a) advise the Board on the length and extent of intern training, the supervision required for such training and the facilities which are necessary to 10 be provided for such training in hospitals or other institutions; (b) receive and consider applications for the approval of positions in hospitals or other institutions for the purposes of 15 intern training and make recommendations to the Board with respect to those applications; (c) periodically review approved positions and make recommendations to the 20 Board as to whether or not the approval of any position should continue and if so whether or not any terms or conditions should attach to the approval.". 25 _______________ 30 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 36 Act No. PART 3--DENTAL PRACTICE ACT 1999 36. Professional indemnity insurance No. 26/1999. (1) In the Dental Practice Act 1999-- (a) in section 3, after the definition of "lawyer" 5 insert-- ' "professional indemnity insurance" includes insurance against civil liability in connection with the provision of dental care and an agreement or 10 arrangement for discretionary indemnity in respect of that liability;'; (b) in section 4(3), for paragraph (a) substitute-- "(a) the applicant to provide evidence that 15 the applicant will, at the time of commencing to provide dental care be covered by professional indemnity insurance that meets the minimum terms and conditions set out in the 20 guidelines of the Board; and"; (c) in section 6(2) after paragraph (i) insert-- "(j) that, in the opinion of the Board, the dental care provider does not have adequate arrangements for professional 25 indemnity insurance that meet the minimum terms and conditions set out in the guidelines of the Board."; (d) in sections 8(3) and 69(1)(f)(i) for "insurance against civil liability" substitute 30 "professional indemnity insurance"; (e) in section 12(1), paragraph (c) is repealed. 31 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 36 Act No. (2) For section 6(4) of the Dental Practice Act 1999 substitute-- "(4) The Board may impose any condition, limitation or restriction it thinks appropriate 5 on registering a person including a condition-- (a) that-- (i) the dental care provider must hold professional indemnity insurance; 10 or (ii) the dental care provided by the dental care provider must be covered by professional indemnity insurance; or 15 (iii) the dental care provider must be specified or referred to in professional indemnity insurance, whether by name or otherwise, as a person to whom the professional 20 indemnity insurance extends even though the dental care provider is not a party to the professional indemnity insurance; and (b) that the professional indemnity 25 insurance must meet the minimum terms and conditions set out in the guidelines of the Board. (4A) If the applicant's arrangements satisfy the minimum terms and conditions set out in the 30 guidelines of the Board, the Board must not-- (a) refuse to grant registration on the basis that the dental care provider's arrangements for professional 35 indemnity insurance are in the form of 32 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 36 Act No. insurance or a discretionary indemnity; or (b) impose a condition on the registration of a dental care provider to require the 5 dental care provider's arrangements for professional indemnity insurance to be in the form of insurance or a discretionary indemnity.". (3) For section 7(3) of the Dental Practice Act 1999 10 substitute-- "(3) The Board may impose any condition, limitation or restriction it thinks appropriate on granting specific registration including a condition-- 15 (a) that-- (i) the dental care provider must hold professional indemnity insurance; or (ii) the dental care provided by the 20 dental care provider must be covered by professional indemnity insurance; or (iii) the dental care provider must be specified or referred to in 25 professional indemnity insurance, whether by name or otherwise, as a person to whom the professional indemnity insurance extends even though the dental care provider is 30 not a party to the professional indemnity insurance; and (b) that the professional indemnity insurance must meet the minimum terms and conditions set out in the 35 guidelines of the Board. 33 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 37 Act No. (3A) If the applicant's arrangements satisfy the minimum terms and conditions set out in the guidelines of the Board, the Board must not-- 5 (a) refuse to grant registration on the basis that the dental care provider's arrangements for professional indemnity insurance are in the form of insurance or a discretionary indemnity; 10 or (b) impose a condition on the registration of a dental care provider to require the dental care provider's arrangements for professional indemnity insurance to be 15 in the form of insurance or a discretionary indemnity.". (4) After section 12(1) of the Dental Practice Act 1999 insert-- "(1A) The Board may require the application to be 20 accompanied by evidence that the applicant will, at the time of commencing to provide dental care, be covered by professional indemnity insurance in connection with that dental care that meets the minimum terms 25 and conditions set out in guidelines of the Board.". 37. Provision of information to the Board (1) After section 20(1) of the Dental Practice Act 1999 insert-- 30 "(1A) Sub-section (1) does not apply if-- (a) the amount of the court order or settlement is less than the amount fixed by the Board for the purposes of this section; or 34 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 38 Act No. (b) the court orders that the terms of the order should not be disclosed.". (2) After section 20(3) of the Dental Practice Act 1999 insert-- 5 "(4) The Board, by notice published in the Government Gazette, may fix an amount for the purposes of sub-section (1A)(a).". 38. Formal hearings In the Dental Practice Act 1999-- 10 (a) in section 44(1)(b) for "or subdivision" substitute "or, if the dental care provider is registered in a subdivision, in the same subdivision,"; (b) in section 47(5) for "order" substitute 15 "determination". 39. Suppression of practitioner's name In the Dental Practice Act 1999-- (a) after section 46(d) insert-- " ; and 20 (e) the panel may determine that any information that might enable the registered dental care provider who is the subject of the hearing to be identified must not be published or 25 broadcast prior to the making of a final determination if the panel considers it necessary to do so to avoid prejudicing the administration of justice or for any other reason in the interests of justice."; 30 (b) in section 56, omit "(1)"; 35 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 s. 40 Act No. (c) after section 56(b) insert-- "; or (c) if the panel has made a determination prohibiting the publication or broadcast 5 of the identity of the registered dental care provider prior to the making of a final determination, that dental care provider to be identified prior to the making of a final determination"; 10 (d) in section 56 for "or witness" substitute ", witness or dental care provider"; (e) section 56(2) is repealed. 40. Statute law revision In the Dental Practice Act 1999-- 15 (a) in the heading to Division 2 of Part 3 after "providers" insert "and students"; (b) in the Schedule, in item 6 for "a registered dental care provider" substitute "registered dental care providers"; 20 (c) in the Schedule, after item 7 insert-- "8. Sentencing Act 1991 In section 95BA(2), in the definition of "dentist"-- (a) in paragraph (a) for "registered or 25 qualified to be registered as a dentist under the Dentists Act 1972" substitute "who is a registered dentist or qualified to be a registered dentist under the Dental Practice Act 1999"; 30 (b) in paragraph (b) for "Dentists Act 1972" substitute "Dental Practice Act 1999". 36 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

Health Practitioner Acts (Amendment) Act 2000 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 37 541085B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000

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