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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Nurses (Amendment) Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Definition amended 2
5. New section 8C inserted 2
8C. Endorsement of registration--medication administration
by division 2 nurses 2
6. Notification of outcome of application 4
7. Renewal of endorsement 4
8. Refusal to renew registration or endorsement 4
9. Suspension of endorsement 5
10. Registration and certificates 5
11. Offences 6
12. Functions of the Board 7
ENDNOTES 8
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551135B.I1-27/11/2003 BILL LA CIRCULATION 27/11/2003
PARLIAMENT OF VICTORIA
Initiated in Assembly 25 November 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Nurses Act 1993 to provide for the endorsement of
registration of nurses registered in division 2 of the register of nurses
kept under that Act and for other purposes.
Nurses (Amendment) Act 2003
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Nurses Act 1993 to provide for the endorsement
of registration of nurses registered in division 2 of
5 the register of nurses kept under that Act who
have completed an approved course of study in
medication administration.
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1
Nurses (Amendment) Act 2003
s. 2
Act No.
2. Commencement
This Act comes into operation on the day after the
Victorian Legislation and Parliamentary Documents
day on which it receives the Royal Assent.
3. Principal Act
5 See: In this Act, the Nurses Act 1993 is called the
Act No.
Principal Act.
111/1993.
Reprint No. 3
as at
1 January
2002
and
amending
Act Nos
2/2001,
11/2002,
14/2002 and
67/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Definition amended
In section 3(1) of the Principal Act, for the
definition of "endorsement" substitute--
10 ' "endorsement" means--
(a) endorsement of registration as a nurse
practitioner under section 8B;
(b) in the case of a nurse registered in
division 2 of the register, endorsement
15 of registration under section 8C;'.
5. New section 8C inserted
After section 8B of the Principal Act insert--
"8C. Endorsement of registration--medication
administration by division 2 nurses
20 (1) The Board may endorse the registration of a
nurse registered under division 2 of the
register if the Board is satisfied that the
nurse--
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Nurses (Amendment) Act 2003
s. 5
Act No.
(a) has satisfactorily completed a course of
study in medication administration
approved by the Board; or
Victorian Legislation and Parliamentary Documents
(b) has satisfactorily completed a course of
5 study or has a qualification which, in
the opinion of the Board, is
substantially equivalent or is based on
similar competencies to a course
referred to in paragraph (a).
10 (2) An applicant for registration as a nurse under
division 2 of the register or a nurse registered
under division 2 of the register may apply to
the Board for an endorsement under this
section.
15 (3) An application must be--
(a) in writing in the prescribed form and
accompanied by evidence of the
qualifications which the applicant
claims qualify her or him for
20 endorsement under this section; and
(b) accompanied by the fee determined by
the Board.
(4) The Board--
(a) may require the applicant to provide
25 further information or material in
respect of the application; and
(b) may require that the information in the
application be verified by a declaration
under section 107 of the Evidence Act
30 1958.
(5) The endorsement of the registration of a
nurse under this section continues in force
for the period that the registration is in
force.".
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Act No.
6. Notification of outcome of application
In section 11 of the Principal Act--
Victorian Legislation and Parliamentary Documents
(a) in sub-section (2)(c), after "registration"
(where first occurring) insert "under
5 section 8B";
(b) after sub-section (2)(c) insert--
"(ca) if the endorsement of registration under
section 8C has been granted, whether or
not any conditions, limitations or
10 restrictions have been imposed on the
endorsement of registration and, if so,
the reasons for imposing the conditions,
limitations or restrictions; or";
(c) in sub-section (2)(d), after "the endorsement
15 of registration" insert "under section 8B or
8C".
7. Renewal of endorsement
After section 13(1B) of the Principal Act insert--
"(1C) If an application for renewal relates to a
20 registration that is endorsed under
section 8C, the applicant may include an
application to have the endorsement of
registration renewed for the period of
registration.".
25 8. Refusal to renew registration or endorsement
After section 14(2) of the Principal Act insert--
"(3) Without limiting the powers of the Board
under sub-sections (1) and (2), the Board
may refuse to renew the endorsement of
30 registration under section 8C of an applicant
under this Part if the Board is satisfied that
the applicant for renewal has not maintained
the required competencies in medication
administration for that endorsement.
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(4) The Board must not refuse to renew the
endorsement of registration under section 8C
of a nurse under sub-section (3) unless the
Victorian Legislation and Parliamentary Documents
Board has--
5 (a) notified the nurse of its intention; and
(b) given the nurse an opportunity to make
a submission to the Board or to provide
written submissions from any registered
nurse about the nurse's maintenance of
10 the required competencies in
medication administration; and
(c) considered those submissions.".
9. Suspension of endorsement
After section 15(2) of the Principal Act insert--
15 "(3) For the purposes of this Act, a nurse whose
endorsement of registration under section 8C
is suspended is deemed not to have her or his
registration endorsed under that section for
the period of that suspension.".
20 10. Registration and certificates
(1) After section 17(3)(bb) of the Principal Act
insert--
"(bc) details of any endorsement under
section 8C;".
25 (2) In section 18(2)(ba) of the Principal Act, for
"section 8B." substitute "section 8B; and".
(3) After section 18(2)(ba) of the Principal Act
insert--
"(bb) details of any endorsement under
30 section 8C.".
(4) In section 19(c) of the Principal Act, after
"section 8B" insert "or section 8C".
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11. Offences
(1) After section 60(1) of the Principal Act insert--
Victorian Legislation and Parliamentary Documents
"(1A) A person who is not a registered nurse must
not claim to be registered under this Act with
5 endorsement under section 8C or hold
herself or himself out as being so registered.
Penalty: 50 penalty units.".
(2) After section 62(3) of the Principal Act insert--
"(4) A nurse whose registration is not endorsed
10 under section 8C must not--
(a) claim to be a nurse whose registration
is endorsed under section 8C; or
(b) hold herself or himself out as being a
nurse whose registration is endorsed
15 under section 8C.
Penalty: 50 penalty units.".
(3) After section 63(4) of the Principal Act insert--
"(5) A nurse's agent must not arrange for a nurse
whose registration is endorsed under section
20 8C to work in contravention of the terms of
that nurse's endorsement of registration.
Penalty: For a natural person, 50 penalty
units.
For a body corporate, 100 penalty
25 units.
(6) A nurse's agent must not arrange for a nurse
whose registration is not endorsed under
section 8C to work as a nurse whose
registration is endorsed under section 8C.
30 Penalty: For a natural person, 50 penalty
units.
For a body corporate, 100 penalty
units.".
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12. Functions of the Board
After section 66(1)(eb) of the Principal Act
Victorian Legislation and Parliamentary Documents
insert--
"(ec) to approve courses of study that provide
5 competence for which registration may be
endorsed under section 8C and to determine
the manner in which competencies for such
endorsement may be maintained;".
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Nurses (Amendment) Act 2003
Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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