HEALTH PROFESSIONS REGISTRATION ACT 2005

Victorian Consolidated Legislation

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HEALTH PROFESSIONS REGISTRATION ACT 2005

No. 97 of 2005
Version incorporating amendments as at 31 March 2009

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purposes
2. Commencement
3. Definitions

PART 2-REGISTRATION

Division 1-Requirements for registration

4. Application for registration
5. Qualifications for general registration
6. General registration
7. Specific registration
8. Registration as a student
9. Provisional registration
10. Interim registration
11. Non-practising registration
12. Additional qualifications
13. Professional indemnity insurance
14. Board's powers before deciding applications
15. Entitlement of applicant to make submissions
16. Notification of outcome of application
17. Period of registration
18. Renewal of registration
19. Registration obtained by fraud

Division 2-Endorsement of registration

20. Endorsement of registration for nurse practitioners
21. Endorsement of registration-midwives
22. Endorsement of registration of nurses-medication
23. Endorsement of registration of optometrists
24. Endorsement of registration of podiatrists
25. Endorsement of registration of Chinese medicine practitioners
26. Endorsement of registration of pharmacists
27. Endorsement of registration for specialist practitioners
27A. Endorsement of registration for approved area of practice
28. Endorsement of registration of health practitioners for acupuncture
29. Endorsements generally

Division 3-Other requirements

30. Register of health practitioners
31. Certificates
32. Use of certificate as evidence
33. Requirement to notify changes of address
34. Provision of information
35. Effect of suspension of registration

PART 3-INVESTIGATIONS AND PANEL HEARINGS

Division 1-General provisions

36. Reporting of ill-health of health practitioners
37. Immunity of health practitioners
38. Request for conditions or suspension
39. Cancellation by agreement
40. Suspension of registration at any time
41. Agreements to amend, vary or revoke conditions or revoke suspensions

Division 2-Notification and commencement of investigations

42. Notifications about health practitioners and students
43. When notifications are to be dealt with by the Health Services Commissioner as complaints
44. Responsible board may deal with a health records complaint
as a notification
45. Commencement of investigations
46. Power to proceed without investigation
47. Investigations without notification
48. Notice of investigation
49. Powers of investigator
50. Investigation to be conducted expeditiously

Division 3-Health assessments

51. Health assessments
52. Report of health assessment
53. Refusal to attend or co-operate
54. Health assessments required by a panel

Division 4-Performance assessments

55. Performance assessment
56. Report of performance assessment
57. Refusal to attend or co-operate
58. Performance assessments required by a panel

Division 5-Powers after investigation

59. Powers of board after investigation completed
60. Review of matter after decision

Division 6-Hearings by professional standards panels

61. Establishment of a professional standards panel
62. Notice of a professional standards panel hearing
63. Outcome of a professional standards panel's hearing
64. Referral to a health assessment or a Tribunal hearing

Division 7-Hearings by health panels

65. Establishment of health panels
66. Notice of a health panel hearing
67. Outcome of health panel's hearing
68. Referral to a health assessment or a Tribunal hearing

Division 8-Provisions applying to all panel hearings

69. Conduct of a panel hearing
70. Change of panel hearing to Tribunal hearing during course of hearing
71. Request for Tribunal hearing upon completion of panel hearing
72. Effect of determinations
73. Reasons for determinations of panel

Division 9-General provisions

74. Removal of suspension or condition
75. Notice of determinations

PART 4-PROCEEDINGS AND REVIEW BY VCAT

Division 1-Proceedings by VCAT

76. Applications to VCAT
77. Determinations of VCAT

Division 2-Review of decisions of boards and panels

78. Review by VCAT

Division 3-Publicising disciplinary action

79. Notification

PART 5-OFFENCES AND REGULATED CONDUCT

Division 1-Offences applying to health professions generally

80. Claims by persons as to registration
81. Use of titles in educational institutions
82. Clinical training
83. Fraud, forgery etc.
84. Offence to provide unregistered health practitioners
85. Offence of directing or inciting unprofessional conduct
86. Convicted offenders may be prohibited from carrying on
business
87. Lifting of prohibition
88. Offence of carrying on business while prohibited
89. Effect of appeal against conviction
90. Power to require information from convicted persons
91. Register of prohibitions
92. Evidentiary certificate
93. Secretary to notify responsible board of prohibitions
94. Advertising
95. Advertising guidelines
96. Power of the courts to require corrective advertising

Division 2-Offences for nurses

97. Additional offences in relation to nurses

Division 3-Dental care providers

98. Restriction on practising dentistry

Division 4-Optometrists

99. Restriction on practising optometry

PART 6-PHARMACY

Division 1-Interpretation

100. Definition

Division 2-Ownership and operation

101. Ownership of pharmacy businesses
102. Establishment of pharmacy businesses and pharmacy departments
103. Approval of pharmacies, pharmacy businesses or pharmacy departments
104. Establishment and operation of pharmacy depots
105. Notifications about pharmacy businesses and pharmacy departments

Division 3-Pharmacists' responsibilities

106. Notification by pharmacists
107. Controls over the supply, compounding or dispensing of medicines
108. Personal supervision of pharmacy or pharmacy department
109. Access to closed pharmacies and pharmacy departments

Division 4-Other requirements

110. Dispensing and recording of prescriptions
111. Security at pharmacy depots

Division 5-Approvals and revocation of approvals

112. Applications for approvals
113. Revocation of approvals

Division 6-Offences

114. Use of title
115. Claims by persons as to approval
116. Undue influence

PART 7-ADMINISTRATION

Division 1-Responsible boards

117. Existing and new boards
118. Powers and functions of responsible boards
119. Consultation requirements
120. Membership of a responsible board
121. Terms of office
122. Resignation and removal
123. President and Deputy President
124. Acting member
125. Payment of members
126. Procedure of responsible board
127. Effect of vacancy or defect
128. Member's interests
129. Resolutions without meetings
130. Approved methods of communication for responsible board
131. Immunity
132. Staff
133. Delegation

Division 2-Advisory committees

134. Establishment of general committees
135. Establishment of prescribing practice advisory committees
136. Membership of committees

Division 3-Approval of positions for provisional registration

137. Approval of positions for provisional registration

PART 8-FINANCIAL PROVISIONS

138. Board funds
139. Investment powers
140. Powers of responsible board in relation to fees
141. Repayment of advances

PART 9-ENFORCEMENT AND SUPPLEMENTARY PROVISIONS

Division 1-General provisions

142. Proceedings for offences
143. Authorisation of persons to assist in enforcement
144. Identification
145. Special powers of entry to pharmacies
146. Pharmacy Board may examine documents
147. General powers of entry with warrant
148. Announcement before entry
149. Copy of warrant to be given
150. Copies or receipts to be given
151. Copies of seized documents
152. Retention and return of seized documents or things
153. Magistrates' Court may extend 3 month period
154. Protection against self-incrimination
155. Offence to give false or misleading information
156. Offence to hinder or obstruct authorised person

Division 2-Special powers for provisional registration

157. Examination of intern training records

PART 10-GENERAL

158. Regulations
159. Minister's powers of approval
160. Provision of information to Minister
161. Disclosure of information to other agencies

PART 11-AMENDMENTS, REPEALS, TRANSITIONALS
AND SAVINGS

Division 1-Repeals, savings and transitionals

162. Definition
163. Repeals
164. Saving of references
165. Establishment of Board
166. Responsible boards continue under this Act
167. Additional savings and transitionals for new Board
168. Existing proceedings before a responsible board
169. What if no proceedings started before commencement of this Act?
170. Existing registrations
171. Expiry of existing registrations
172. Existing registers
173. Existing pharmacies, pharmacy departments and pharmacy depots
174. Cap on growth of pharmacy ownership for friendly society
type companies
175. References to health practitioners
175A. List members
176. Board and list members become members of VCAT
177. Interpretation of Legislation Act 1984.

Division 2-Drugs, Poisons and Controlled Substances Act 1981.

178. Consequential amendments
179. Endorsements of registration
180. New section 14A inserted

Division 3-Victorian Civil and Administrative Tribunal Act 1998.

181. Victorian Civil and Administrative Tribunal Act 1998.

PART 5A-HEALTH PROFESSIONS REGISTRATION ACT 2005.

Division 4-Consequential amendments to other Acts

182. Consequential amendments
__________________
SCHEDULE 1-Responsible Boards
SCHEDULE 2-Bodies Established by Responsible Boards
1. Investigations Committees
2. Investigation Review Panels
3. Health Panels
4. Professional Standards Panels
5. General provisions applying to panels and committees
SCHEDULE 3-Matters Required for Approval under Part 6.
SCHEDULE 4-Consequential Amendments to other Acts
1. Accident Compensation Act 1985.
2. Adoption Act 1984.
3. Alcoholics and Drug-dependent Persons Act 1968.
4. Bail Act 1977.
5. Births, Deaths and Marriages Registration Act 1996.
6. Cancer Act 1958.
7. Cemeteries and Crematoria Act 2003.
8. Child Employment Act 2003.
9. Child Wellbeing and Safety Act 2005.
10. Children, Youth and Families Act 2005.
11. Coal Mines (Pensions) Act 1958.
12. Coroners Act 1985.
13. Corrections Act 1986.
14. Crimes Act 1958.
15. Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.
16. Drugs, Poisons and Controlled Substances Act 1981.
17. Electoral Act 2002.
18. Emergency Services Superannuation Act 1986.
19. Evidence Act 1958.
20. Firearms Act 1996.
21. Food Act 1984.
22. Freedom of Information Act 1982.
23. Guardianship and Administration Act 1986.
24. Health Act 1958.
25. Health Practitioners (Special Events Exemption) Act 1999.
26. Health Records Act 2001.
27. Health Services Act 1988.
28. Human Tissue Act 1982.
29. Infertility Treatment Act 1995.
30. Intellectually Disabled Persons' Services Act 1986.
31. Juries Act 2000.
32. Legal Profession Act 2004.
33. Liquor Control Reform Act 1998.
34. Marine Act 1988.
35. Meat Industry Act 1993.
36. Medical Treatment Act 1988.
37. Mental Health Act 1986.
38. Occupational Health and Safety Act 2004.
39. Parliamentary Salaries and Superannuation Act 1968.
40. Police Regulation Act 1958.
41. Professional Boxing and Combat Sports Act 1985.
42. Radiation Act 2005.
43. Retirement Villages Act 1986.
44. Road Safety Act 1986.
45. Sentencing Act 1991.
46. Serious Sex Offenders Monitoring Act 2005.
47. State Employees Retirement Benefits Act 1979.
48. State Superannuation Act 1988.
49. Summary Offences Act 1966.
50. Transport Act 1983.
51. Transport Accident Act 1986.
52. Transport Superannuation Act 1988.
53. Veterinary Practice Act 1997.
54. Workers Compensation Act 1958.
55. Wrongs Act 1958.
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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