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This is a Bill, not an Act. For current law, see the Acts databases.

HEALTH PRACTITIONER REGULATION (CONSEQUENTIAL AMENDMENTS) BILL 2010

2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Health Practitioner Regulation
(Consequential Amendments) Bill 2010
No. , 2010
(
Health and Ageing
)
A Bill for an Act to make amendments
consequential on uniform legislation relating to the
regulation of health practitioners, and for related
purposes
i Health Practitioner Regulation (Consequential Amendments) Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Part 1--Amendments
3
Crimes Act 1914
3
Health Insurance Act 1973
3
Part 2--Transitional provisions
8
Health Practitioner Regulation (Consequential Amendments) Bill 2010 No. , 2010 1
A Bill for an Act to make amendments
1
consequential on uniform legislation relating to the
2
regulation of health practitioners, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Health Practitioner Regulation
7
(Consequential Amendments) Act 2010.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 Health Practitioner Regulation (Consequential Amendments) Bill 2010 No. , 2010
1
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
Note:
This table relates only to the provisions of this Act as originally
2
passed by both Houses of the Parliament and assented to. It will not be
3
expanded to deal with provisions inserted in this Act after assent.
4
(2) Column 3 of the table contains additional information that is not
5
part of this Act. Information in this column may be added to or
6
edited in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
13
Amendments Schedule 1
Amendments Part 1
Health Practitioner Regulation (Consequential Amendments) Bill 2010 No. , 2010 3
Schedule 1--Amendments
1
Part 1--Amendments
2
Crimes Act 1914
3
1 Subsection 3(1) (definition of nurse)
4
Omit "registered".
5
Health Insurance Act 1973
6
2 Subsection 3(1) (definition of consultant physician)
7
Repeal the definition, substitute:
8
consultant physician: a medical practitioner is a consultant
9
physician, in relation to a particular specialty, if:
10
(a) the following conditions are satisfied:
11
(i) the medical practitioner is registered in that specialty
12
under a law of a State or Territory;
13
(ii) that specialty is prescribed by the regulations for the
14
purpose of this paragraph;
15
(iii) the medical practitioner satisfies any other requirements
16
prescribed by the regulations in relation to that specialty
17
for the purpose of this paragraph; or
18
(b) regulations for the purpose of this paragraph provide that the
19
medical practitioner is a consultant physician in relation to
20
that specialty.
21
3 Subsection 3(1) (definition of general practitioner)
22
Repeal the definition, substitute:
23
general practitioner means:
24
(a) a medical practitioner who is registered under a law of a State
25
or Territory in the specialty of general practice; or
26
(b) a medical practitioner of a kind prescribed by the regulations
27
for the purpose of this paragraph.
28
4 Subsection 3(1) (definition of medical practitioner)
29
Repeal the definition, substitute:
30
Schedule 1 Amendments
Part 1 Amendments
4 Health Practitioner Regulation (Consequential Amendments) Bill 2010 No. , 2010
medical practitioner means a person who is registered under a law
1
of a State or Territory as a medical practitioner.
2
5 Subsection 3(1)
3
Insert:
4
nurse means:
5
(a) a person who is registered under a law of a State or Territory
6
as a registered nurse (Division 1); or
7
(b) a person who is registered under a law of a State or Territory
8
as an enrolled nurse (Division 2).
9
6 Subsection 3(1) (definition of nursing care)
10
Omit "registered".
11
7 Subsection 3(1) (definition of professional attention)
12
Repeal the definition.
13
8 Subsection 3(1) (definition of registered nurse)
14
Repeal the definition.
15
9 Subsection 3(1) (definition of specialist)
16
Repeal the definition, substitute:
17
specialist: a medical practitioner is a specialist, in relation to a
18
particular specialty, if:
19
(a) the following conditions are satisfied:
20
(i) the medical practitioner is registered in that specialty
21
under a law of a State or Territory;
22
(ii) that specialty is prescribed by the regulations for the
23
purpose of this paragraph;
24
(iii) the medical practitioner satisfies any other requirements
25
prescribed by the regulations in relation to that specialty
26
for the purpose of this paragraph; or
27
(b) regulations for the purpose of this paragraph provide that the
28
medical practitioner is a specialist in relation to that
29
specialty.
30
10 Subsection 3(1) (definition of vocationally registered
31
general practitioner)
32
Amendments Schedule 1
Amendments Part 1
Health Practitioner Regulation (Consequential Amendments) Bill 2010 No. , 2010 5
Repeal the definition.
1
11 Sections 3D to 3G
2
Repeal the sections.
3
12 Subsection 3GC(6A)
4
Repeal the subsection, substitute:
5
(7) In this section:
6
medical college means an organisation that is:
7
(a) accredited by the Australian Medical Council as a specialist
8
medical college; and
9
(b) specified by the Minister, by notice in writing to the Medical
10
Training Review Panel, for the purpose of this definition.
11
(8) A notice under the definition of medical college in subsection (7)
12
is not a legislative instrument.
13
13 Section 3H
14
Repeal the section.
15
14 Subsection 19C(2)
16
Repeal the subsection, substitute:
17
(2) In this section:
18
registration of a medical practitioner, means the practitioner's
19
registration under a law of a State or Territory as a medical
20
practitioner.
21
15 Paragraphs 19C(3)(a) and (b)
22
Repeal the paragraphs, substitute:
23
(a) a medical practitioner is not authorised under the
24
practitioner's registration to render a particular professional
25
service; and
26
(b) the practitioner renders such a service;
27
16 Paragraphs 19C(4)(a) and (b)
28
Repeal the paragraphs, substitute:
29
Schedule 1 Amendments
Part 1 Amendments
6 Health Practitioner Regulation (Consequential Amendments) Bill 2010 No. , 2010
(a) a medical practitioner is authorised under the practitioner's
1
registration to render a particular professional service only in
2
particular circumstances; and
3
(b) the practitioner renders such a service in other circumstances;
4
17 Before subsection 19CB(1)
5
Insert:
6
(1A) In this section:
7
registration of a medical practitioner, means the practitioner's
8
registration under a law of a State or Territory as a medical
9
practitioner.
10
18 Paragraphs 19CB(1)(a) and (b)
11
Repeal the paragraphs, substitute:
12
(a) is not authorised under the practitioner's registration to
13
render a particular professional service; or
14
(b) is authorised under the practitioner's registration to render a
15
particular professional service only in particular
16
circumstances;
17
19 Subsection 19CB(1)
18
Omit "in that State or Territory".
19
20 Paragraph 19CB(1)(d)
20
Omit "licence", substitute "registration".
21
21 Subsection 19CB(3)
22
Omit "a practitioner's licence to render the professional service in the
23
State or Territory, or to render the professional service in the State or
24
Territory", substitute "the practitioner's registration to render the
25
professional service, or to render the professional service".
26
22 Subsection 19DA(1) (definition of deregistered
27
practitioner)
28
Repeal the definition, substitute:
29
deregistered practitioner means a person:
30
Amendments Schedule 1
Amendments Part 1
Health Practitioner Regulation (Consequential Amendments) Bill 2010 No. , 2010 7
(a) who was registered under a law of a State or Territory as a
1
medical practitioner; but
2
(b) who is not currently registered under a law of a State or
3
Territory as a medical practitioner.
4
23 Paragraphs 106XB(2)(c) and (d)
5
After "appropriate body", insert "or bodies".
6
24 Subsection 106XB(3)
7
Repeal the subsection, substitute:
8
(3) The appropriate body or bodies for the purpose of
9
paragraphs (2)(c) and (d) are:
10
(a) if the practitioner is a medical practitioner--the Medical
11
Board of Australia; or
12
(b) in any other circumstances--the body or bodies specified in
13
the regulations for the purpose of those circumstances.
14
(4) In this section:
15
Medical Board of Australia means the Medical Board of Australia
16
referred to in section 31 of the Health Practitioner Regulation
17
National Law set out in the Schedule to the Health Practitioner
18
Regulation National Law Act 2009 of Queensland.
19
25 Subsections 130(5C) and (5D)
20
Repeal the subsections.
21
22
Schedule 1 Amendments
Part 2 Transitional provisions
8 Health Practitioner Regulation (Consequential Amendments) Bill 2010 No. , 2010
Part 2--Transitional provisions
1
26 Definitions
2
In this Part:
3
commencement time means the time when this Schedule commences.
4
new law means the Health Insurance Act 1973 as in force after the
5
commencement time.
6
old law means the Health Insurance Act 1973 as in force immediately
7
before the commencement time.
8
27 Regulations may provide that certain persons are taken to
9
be general practitioners
10
The Governor-General may make regulations providing that persons
11
who:
12
(a) at a time before the commencement time either:
13
(i) were registered as vocationally registered general
14
practitioners under section 3F of the old law; or
15
(ii) had applied to be so registered; and
16
(b) satisfy any other conditions prescribed by those regulations;
17
are taken to be general practitioners, for the purposes of the new law,
18
for the period specified in the regulations.
19
28 Saving of directions of the Minister about medicare
20
payments in respect of services rendered
21
A direction of the Minister under subsection 19C(3) or (4) of the old
22
law that is in force immediately before the commencement time is
23
taken, on and after the commencement time, to be a direction of the
24
Minister under subsection 19C(3) or (4) (as the case requires) of the
25
new law.
26
29 Saving of directions of the Minister about rendering of
27
unauthorised services
28
A direction of the Minister under subsection 19CB(1) of the old law that
29
is in force immediately before the commencement time is taken, on and
30
after the commencement time, to be a direction of the Minister under
31
subsection 19CB(1) of the new law.
32

 

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