HEALTH SERVICES ACT 1988 - SECT 83 Criteria for registration

HEALTH SERVICES ACT 1988 - SECT 83

S. 83(1) amended by No. 46/1998 s. 7(Sch. 1).

    (1)     In determining whether to register or refuse to register premises as a health service establishment, the Secretary must consider—

        (a)     any relevant guidelines under Part 2; and

        (b)     whether the carrying on of the establishment may result in more than adequate health services of any kind becoming available in the area; and

        (c)     whether the applicant—

              (i)     is a fit and proper person to carry on the establishment; and

S. 83(1)(c)(ii) amended by No. 55/2006 s. 7(1).

              (ii)     has and is likely to continue to have the financial capacity to carry on the establishment; and

S. 83(1)(d) amended by No. 55/2006 s. 7(1).

        (d)     if the applicant is a body corporate, whether each director or other officer of the body corporate who exercises or may exercise control over the body corporate is a fit and proper person to carry on or exercise control over the establishment; and

        (e)     the suitability of the location of the premises for the carrying on of the establishment having regard to the availability of other community services and the safety and amenity of the environment; and

        (f)     the suitability of the design and construction of the premises for the particular kind of establishment; and

        (g)     the suitability of the fittings and equipment of the premises for the particular kind of establishment; and

        (h)     whether the proposed arrangements for the management and staff of the establishment are suitable; and

S. 83(1)(i) substituted by No. 52/2017 s. 35(1).

              (i)     whether the applicant has complied with the health service establishment premises guidelines; and

S. 83(1)(ia) inserted by No. 52/2017 s. 35(1).

        (ia)     whether the applicant—

              (i)     will provide, safe, patient-centred and appropriate health services; and

              (ii)     will foster continuous improvement in the quality and safety of care and health services provided; and

        (j)     whether appropriate arrangements have been or will be made for evaluating, monitoring and improving the quality of health services provided by the establishment; and

S. 83(1)(k) amended by No. 99/1995 s. 16(1).

        (k)     if the applicant is not the owner in fee simple of the premises, whether the arrangements under which the premises are or are to be occupied are satisfactory for the proper carrying on by the proprietor of the establishment; and

S. 83(1)(l) inserted by No. 99/1995 s. 16(1), amended by No. 55/2006 s. 7(2).

        (l)     whether all conditions to which the approval in principle is subject have been met; and

S. 83(1)(m) inserted by No. 55/2006 s. 7(3), amended by No. 52/2017 s. 35(2).

        (m)     the security of the applicant's tenure over the premises at which, or   from which, the applicant proposes to carry on the health service establishment; and

S. 83(1)(n) inserted by No. 55/2006 s. 7(3).

        (n)     if the applicant is or was previously a proprietor, or is or was previously a director of a body corporate that is or was previously a proprietor, of any other health service establishment, or is or was previously associated with any other health service establishment in a managerial capacity—

              (i)     the extent and nature of the applicant's involvement in the other health service establishment; and

              (ii)     the number of complaints, if any, that have been brought within the previous 3 years by or on behalf of residents of the other health service establishment (regardless of who received the complaints) and how the complaints have been dealt with; and

              (iii)     the financial management of the other health service establishment; and

              (iv)     the applicant's compliance with any reporting requirements under this Act that relate to the other health service establishment; and

              (v)     whether the applicant has carried on the other health service establishment in accordance with this Act, the regulations and, if the establishment is registered under this Act, any conditions to which the registration of the establishment is subject; and

              (vi)     whether the applicant has been convicted or found guilty of an offence under this Act or the regulations in relation to the other health service establishment; and

              (vii)     the capacity of the applicant to meet any requirements for the registration under this Act of the other health service establishment.

S. 83(2) amended by Nos 99/1995 s. 16(2)(a)(b), 46/1998 s. 7(Sch. 1).

    (2)     The Secretary must not refuse to register premises as a health service establishment on any ground that is inconsistent with any approval in principle in force under Division 1.

S. 83(3) inserted by No. 49/2010 s. 224.

    (3)     In this section, other health service establishment includes a supported residential service.