STATUTE LAW AMENDMENT (NATIONAL HEALTH PRACTITIONER REGULATION) BILL 2010 Explanatory Memoranda
STATUTE LAW AMENDMENT (NATIONAL HEALTH PRACTITIONER REGULATION) BILL 2010
Statute Law Amendment (National
Health Practitioner Regulation) Bill
2010
Introduction Print
EXPLANATORY MEMORANDUM
General
The Statute Law Amendment (National Health Practitioner Regulation) Bill
2010 makes transitional and consequential amendments to Victorian
legislation to implement the Health Practitioner Regulation National Law
(Victoria) Act 2009.
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the main purposes of the Bill which are to amend the
Health Professions Registration Act 2005 and other Victorian
Acts as a consequence of the enactment of the Health
Practitioner Regulation National Law (Victoria) Act 2009 and
to make transitional provisions for the commencement of a new
national health practitioner registration and accreditation scheme.
Clause 2 Parts 1, 3 and 5 will commence upon Royal Assent and the
remaining provisions of the Bill commence on 1 July 2010.
PART 2--AMENDMENTS TO THE HEALTH PROFESSIONS
REGISTRATION ACT 2005
Clause 3 updates definitions to reflect the enactment of the Health
Practitioner Regulation National Law (Victoria) Act 2009.
Clause 4 is a statute law revision that amends a spelling error in section
6(2)(ab)(ii) of the Health Professions Registration Act 2005.
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Clause 5 repeals section 7(2) of the Health Professions Registration Act
2005 which empowers the Nurses Board of Victoria to grant
specific registration. The Nurses Board of Victoria is abolished
in clause 29 of the Bill.
Subclauses (2) and (3) make further amendments as a result of
subclause (1) which repeals the power of the Nurses Board of
Victoria to grant specific registration.
Clause 6 repeals section 20 of the Health Professions Registration Act
2005 which provides for endorsement of registration of nurse
practitioners by the Nurses Board of Victoria.
Clause 7 repeals section 21 of the Health Professions Registration Act
2005 which provides for endorsement of registration of midwives
by the Nurses Board of Victoria.
Clause 8 repeals section 22 of the Health Professions Registration Act
2005 which provides for endorsement of registration of nurses by
the Nurses Board of Victoria.
Clause 9 repeals section 23 of the Health Professions Registration Act
2005 which provides for endorsement of registration of
optometrists by the Optometrists Registration Board of Victoria.
The Optometrists Registration Board of Victoria is abolished in
clause 29 of the Bill.
Clause 10 repeals section 24 of the Health Professions Registration Act
2005 which provides for endorsement of registration of
podiatrists by the Podiatrists Registration Board of Victoria.
The Podiatrists Registration Board of Victoria is abolished in
clause 29 of the Bill.
Clause 11 repeals section 26 of the Health Professions Registration Act
2005 which provides for endorsement of registration of
pharmacists by the Pharmacy Board of Victoria. The powers and
functions of the Pharmacy Board of Victoria are amended in
clause 23 of the Bill. This Board will no longer perform
functions in respect to registration of pharmacists.
Clause 12 repeals section 27 of the Health Professions Registration Act
2005 which provides for endorsement of specialist practitioners
by the Dental Practice Board of Victoria or the Medical
Practitioners Board of Victoria. Both of these Boards are
abolished in clause 29 of the Bill.
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Clause 13 repeals section 28 of the Health Professions Registration Act
2005 which provides for endorsement of registration of health
practitioners for acupuncture by a number of health practitioner
boards that are abolished in clause 29 of the Bill.
Clause 14 amends section 36 of the Health Professions Registration Act
2005 which provides for reporting of ill-health of health
practitioners. This amendment reflects the abolition of the health
practitioner boards listed in clause 29. The two Boards that
remain "responsible boards" under this section are the Chinese
Registration Medicine Board of Victoria and the Medical
Radiation Practitioners Board of Victoria.
Clause 15 amends section 37(1) of the Health Professions Registration
Act 2005 to refer to a registered medical practitioner.
Clause 16 amends the Table in section 80(2) of the Health Professions
Registration Act 2005 to reflect the enactment of the Health
Practitioner Regulation National Law (Victoria) Act 2009.
Subclause (2) amends section 80 of the Health Professions
Registration Act 2005 to provide that the section does not apply
to a person using the title acupuncturist if the person's registration
has been endorsed under section 97 of the Health Practitioner
National Law as being qualified to practise as an acupuncturist.
Subclause (2) also amends section 80 to provide that nothing in
section 300(3) of the Health Practitioner National Law affects the
operation of section 80 of the Health Professions Registration
Act 2005. Section 300(3) of the Health Practitioner National
Law is a transitional provision applicable to a defined list of
professions including the Chinese Medicine profession and
Medical Radiation practitioners.
Clause 17 amends section 82(2) of the Health Professions Registration
Act 2005. This amendment reflects the abolition of the health
practitioner boards listed in clause 29 of the Bill. The two
Boards that remain "responsible boards" under this section are
the Chinese Registration Medicine Board of Victoria and the
Medical Radiation Practitioners Board of Victoria.
Clause 18 amends sections 86, 88, 91(1) and 92 of the Health Professions
Registration Act 2005 to reflect the amendments to the powers
and functions of the Pharmacy Board of Victoria in clause 23 of
the Bill. This Board will no longer perform functions in respect
to the registration of pharmacists in Victoria.
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Clause 19 repeals Division 2 of Part 5 of the Health Professions
Registration Act 2005 which contains offences for nurses.
This amendment reflects the enactment of the Health
Practitioner Regulation National Law (Victoria) Act 2009.
Clause 20 repeals Division 3 of Part 5 of the Health Professions
Registration Act 2005 which contains restrictions on practising
dentistry. This amendment reflects the enactment of the Health
Practitioner Regulation National Law (Victoria) Act 2009.
Clause 21 repeals Division 4 of Part 5 which contains restrictions on
practising optometry. This amendment reflects the enactment of
the Health Practitioner Regulation National Law (Victoria)
Act 2009.
Clause 22 amends the definition in section 100 of the Health Professions
Registration Act 2005 to refer to new Division 1A.
Clause 23 inserts a new Division 1A in Part 6 of the Health Professions
Registration Act 2005. This Division establishes the Pharmacy
Board of Victoria and outlines the powers and functions of this
Board. This Board will no longer perform functions in respect to
the registration of pharmacists in Victoria. This clause also
provides for various sections of the Health Professions
Registration Act 2005 to apply to the Pharmacy Board of
Victoria.
Clause 24 includes the commission of an offence against section 136 of the
Health Practitioner National Law (Victoria) 2009 in the
grounds for revocation of approvals in relation to the operation of
pharmacies.
Clause 25 repeals section 118(3) of the Health Professions Registration
Act 2005 regarding the functions of the Pharmacy Board that are
now found in new section 100B.
Clause 26 repeals section 135 of the Health Professions Registration Act
2005. This amendment reflects the abolition of the health
practitioner boards listed in clause 29.
Clause 27 repeals section 136(2) of the Health Professions Registration
Act 2005. This amendment is necessary as a result of the repeal
of section 135 of that Act in clause 26.
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Clause 28 amends section 147(1)(b) of the Health Professions
Registration Act 2005 to provide for a general power of entry
with a warrant where entry is necessary for the purpose of
investigating a matter relating to a health practitioner without a
notification under section 47 of the Health Professions
Registration Act 2005.
Clause 29 inserts a new Division 5 into Part 11 of the Health Professions
Registration Act 2005. This new Division makes various
transitional provisions required because of the enactment of the
Health Practitioner Regulation National Law (Victoria) Act
2009.
The clause abolishes the following responsible boards that were
established in the Health Professions Registration Act 2005--
· the Chiropractors Registration Board of Victoria;
· the Dental Practice Board of Victoria;
· the Medical Practitioners Board of Victoria;
· the Nurses Board of Victoria;
· the Optometrists Registration Board of Victoria;
· the Osteopaths Registration Board of Victoria;
· the Physiotherapists Registration Board of Victoria;
· the Podiatrists Registration Board of Victoria;
· the Psychologists Registration Board of Victoria.
These Boards are referred to as an "old Board".
The clause also makes provision for transitional arrangements
relating to the report of operations and financial statements of an
old Board.
Clause 30 amends Schedule 1 to the Health Professions Registration Act
2005 to repeal the reference to an old Board abolished by
clause 29.
Clause 31 repeals Schedule 4 to the Health Professions Registration Act
2005 which contains consequential amendments to other Acts.
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PART 3--AMENDMENTS TO THE HEALTH
PRACTITIONER REGULATION NATIONAL LAW
(VICTORIA) ACT 2009
Clause 32 repeals section 7(i) of the Health Practitioner Regulation
National Law (Victoria) Act 2009. That paragraph had
excluded the Public Records Act 1973 from applying to the
Health Practitioner Regulation National Law (Victoria) Act
2009. This clause reverses the exclusion of the Public Records
Act 1973.
Clause 33 inserts a regulation making power into the Health Practitioner
Regulation National Law (Victoria) Act 2009. The power
permits the making of regulations that are retrospective to 1 July
2010 but relates only to regulations dealing with transitional
matters and sunsets after 4 years.
PART 4--AMENDMENTS TO OTHER ACTS
Division 1--Amendments to the Births, Deaths and Marriages
Registration Act 1996
Clause 34 amends the definition of doctor to refer to the registration of a
medical practitioner under the Health Practitioner Regulation
National Law and inserts a definition of midwife under the
Health Practitioner Regulation National Law.
Division 2--Amendments to the Drugs, Poisons and Controlled
Substances Act 1981
Clause 35 amends a number of definitions in section 4(1) of the Drugs,
Poisons and Controlled Substances Act 1981 to refer to the
Health Practitioner Regulation National Law.
Subclause (1) also repeals the definition of authorised
practitioner in the Drugs, Poisons and Controlled Substances
Act 1981 as this category of health practitioner is now obsolete.
Subclause (2) inserts a definition of registered nurse into
section 4(1).
Clause 36 amends section 7 of the Drugs, Poisons and Controlled
Substances Act 1981 to refer to the Health Practitioner
Regulation National Law.
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Clause 37 Subclause (1) inserts two new authorisations into section 13(1) of
the Drugs, Poisons and Controlled Substances Act 1981.
Nurse practitioners and registered nurses are authorised by this
section to have possession of and to use, sell or supply poisons or
controlled substances in the lawful practice of their profession.
Subclause (2) inserts new subsection (2AAB) in section 13 of
the Drugs, Poisons and Controlled Substances Act 1981.
This subsection applies to registered nurses.
Subclause (3) substitutes a new section (3A) into section 13 of
the Drugs, Poisons and Controlled Substances Act 1981.
The former section (3A) referred to an "authorised practitioner".
Clause 35 repeals the definition of authorised practitioner in this
Act as this category of health practitioner is now obsolete.
Subclause (4) substitutes a new section 13(5) in the Drugs,
Poisons and Controlled Substances Act 1981. The former
section 13(5) referred to an "authorised practitioner".
This category is now obsolete and the definition of authorised
practitioner is repealed in clause 35.
Clause 38 amends section 13A of the Drugs, Poisons and Controlled
Substances Act 1981 to remove references to "authorised
practitioner". This category is now obsolete and the definition of
authorised practitioner is repealed in clause 35.
Clause 39 Subclause (1) inserts a new heading to section 14 of the Drugs,
Poisons and Controlled Substances Act 1981. This amendment
more accurately reflects section 14 which refers to restrictions on
authorisations for a range of health practitioners rather than
medical practitioners only.
Subclause (2) updates references in section 14(1) of the Drugs,
Poisons and Controlled Substances Act 1981 to reflect the
Health Practitioner Regulation National Law.
Subclause (3) updates references in section 14(3) of the Drugs,
Poisons and Controlled Substances Act 1981 to refer to the
Health Practitioner Regulation National Law. This clause also
amends the section to include a "registered nurse".
Subclause (4) updates references in section 14(4) of the Drugs,
Poisons and Controlled Substances Act 1981 to reflect the
Health Practitioner Regulation National Law.
Subclause (5) updates references in section 14(5) of the Drugs,
Poisons and Controlled Substances Act 1981 to reflect the
Health Practitioner Regulation National Law.
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Clause 40 Subclause (1) amends the heading to section 14A in the Drugs,
Poisons and Controlled Substances Act 1981 to reflect
subclause (3).
Subclause (2) inserts a new paragraph into section 14A(1) of the
Drugs, Poisons and Controlled Substances Act 1981 to reflect
the amendments to section 13(1) in clause 37.
Subclause (3) inserts a new subsection into section 14A(1) of the
Drugs, Poisons and Controlled Substances Act 1981 that
provides a new approval power for the Minister for Health.
The Minister may now approve the health services or class of
health services and the clinical circumstances in which a poison
or class of poison is to be used, sold or supplied. The clinical
circumstances approval applies to a registered nurse or class of
registered nurse.
Subclause (4) outlines particulars about approvals under section
14A(1) or section 14(1A) of the Drugs, Poisons and Controlled
Substances Act 1981.
Subclause (5) amends section 14A(3) of the Drugs, Poisons and
Controlled Substances Act 1981 to reflect the Health
Practitioner Regulation National Law.
Subclause (6) amends section 14A(4) of the Drugs, Poisons and
Controlled Substances Act 1981 to empower the Minister to
amend an approval.
Subclause (7) inserts a new subsection into section 14A of the
Drugs, Poisons and Controlled Substances Act 1981 which
clarifies when an approval made under section 14A takes effect.
Clause 41 amends section 27A of the Drugs, Poisons and Controlled
Substances Act 1981 to remove the reference to "authorised
practitioner" in subsection (4)(b). Clause 35 repeals the
definition of authorised practitioner in this Act as this category
of health practitioner is now obsolete.
Clause 42 repeals definitions in section 36D of the Drugs, Poisons and
Controlled Substances Act 1981 no longer required as a result
of the enactment of the Health Practitioner Regulation
National Law (Victoria) Act 2009.
Clause 43 substitutes "registered nurse" for "nurse" in section 36E of the
Drugs, Poisons and Controlled Substances Act 1981 to reflect
the terminology used in the Health Practitioner Regulation
National Law.
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Clause 44 amends section 36F of the Drugs, Poisons and Controlled
Substances Act 1981 to reflect the fact that the Nurses Board of
Victoria is abolished in clause 29 of the Bill. This amendment
has the effect of placing the responsibility for issuing the relevant
code or guideline (if any) on the Nursing and Midwifery Board of
Australia.
Clause 45 Subclause (1) amends section 129(1) of the Drugs, Poisons and
Controlled Substances Act 1981 to include registered nurses in
the list of practitioner groups for which regulations under this
section may be made.
Subclause (2) amends section 129(2) of the Drugs, Poisons and
Controlled Substances Act 1981 to include registered nurses in
the list of practitioner groups covered by this offence provision.
Clause 46 amends section 130 of the Drugs, Poisons and Controlled
Substances Act 1981 to reflect the enactment of the Health
Practitioner Regulation National Law.
Clause 47 amends section 132 of the Drugs, Poisons and Controlled
Substances Act 1981 to empower the Governor in Council to
make regulations prescribing the Schedule 2, 3, 4 or 8 poisons
that a registered nurse or class of registered nurse, registered
optometrist or registered podiatrist is authorised to have in his or
her possession and to use, sell or supply.
This clause also amends paragraphs (q), (z), (za) and (zc) of
section 132 of the Drugs, Poisons and Controlled Substances
Act 1981 to reflect the types of heath practitioner who may
perform these regulated activities.
Clause 48 makes a statute law revisions to sections 52(2)(f) and 120(3) of
the Drugs, Poisons and Controlled Substances Act 1981.
Division 3--Amendments to the Interpretation of Legislation
Act 1984
Clause 49 inserts a new section 38E into the Interpretation of Legislation
Act 1984 which provides that references to the Health
Practitioner Regulation National Law mean the provisions
applying because of section 4 of the Health Practitioner
Regulation National Law (Victoria) Act 2009 and provides a
nationally consistent definition for the Health Practitioner
Regulation National Law.
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Division 4--Amendments to the Victorian Civil and
Administrative Tribunal Act 1998
Clause 50 amends Schedule 1 of the Victorian Civil and Administrative
Tribunal Act 1998 by inserting a new Part 5AAB to reflect the
enactment of the Health Practitioner Regulation National Law
(Victoria) Act 2009. This section provides how a tribunal is to
be constituted for the purposes of making a final determination
under the Health Practitioner Regulation National Law.
Division 5--Consequential amendments to other Acts
Clause 51 provides that an Act specified in a heading to an item in the
Schedule is amended as set out in that item. The Schedule
contains consequential amendments to other Victorian Acts.
PART 5--REPEAL OF AMENDING ACT
Clause 52 provides for the automatic repeal of the Bill on 1 July 2011.
The repeal of the Bill does not affect the continuing operation of
the amendments made by the Bill (see section 15(1) of the
Interpretation of Legislation Act 1984).
SCHEDULE
The Schedule makes further consequential amendments to other Victorian
Acts. The amendments made are to references in other Acts to the
registration of health practitioners under the Health Professions
Registration Act 2005. At the commencement of this Bill, health
professionals in ten health professions will be registered under the Health
Practitioner Regulation National Law, so these references to the Health
Professions Registration Act 2005 have been replaced with references to the
Health Practitioner Regulation National Law.
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