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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Health Legislation Amendment
Bill 2005
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts and regulation 2
Schedule 1 Amendment of Health Administration Act 1982 No 135 3
Schedule 2 Amendment of Human Tissue Act 1983 No 164 4
Schedule 3 Amendment of Podiatrists Act 2003 No 69 8
Schedule 4 Amendment of Poisons and Therapeutic Goods Act 1966
No 31 9
Schedule 5 Amendment of Poisons and Therapeutic Goods Regulation
2002 11
Schedule 6 Amendment of Public Health Act 1991 No 10 12
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
Health Legislation Amendment
Bill 2005
Act No , 2005
An Act to make miscellaneous amendments to various Acts and a regulation that
relate to health and associated matters; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Health Legislation Amendment Bill 2005
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Health Legislation Amendment Act 2005.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation,
except as provided by subsection (2).
(2) Schedule 6 commences on the date of assent to this Act or the
commencement of section 10AH of the Public Health Act 1991 (as
inserted by the Podiatrists Act 2003), whichever is the later.
3 Amendment of Acts and regulation
The Acts and regulation specified in Schedules 1-6 are amended as set
out in those Schedules.
Page 2
Health Legislation Amendment Bill 2005
Amendment of Health Administration Act 1982 No 135 Schedule 1
Schedule 1 Amendment of Health Administration
Act 1982 No 135
(Section 3)
Section 20L Definitions
Insert ", the Ambulance Service of New South Wales" after "area health
service" in the definition of relevant health services organisation.
Page 3
Health Legislation Amendment Bill 2005
Schedule 2 Amendment of Human Tissue Act 1983 No 164
Schedule 2 Amendment of Human Tissue Act 1983
No 164
(Section 3)
[1] Section 4 Definitions
Omit section 4 (2) (a). Insert instead:
(a) a reference to a parent of a person includes a reference to
the following:
(i) a step-parent of the person,
(ii) an adoptive parent of the person,
(iii) the Minister administering the Children and Young
Persons (Care and Protection) Act 1998, if the
Minister has sole parental responsibility in respect
of the person (whether under that Act or otherwise),
[2] Section 10
Omit the section. Insert instead:
10 Consents to removal of regenerative tissue from children
A parent of a child may give consent in writing to the removal
from the child's body of specified regenerative tissue for the
purpose of its transplantation to the body of a parent (being a
biological parent, step-parent or adoptive parent), brother or
sister of the child.
Note. A child must understand the nature and effect of the removal of
tissue if a medical practitioner's certificate is to be issued under section
11. If a child is not capable of such understanding, a medical
practitioner's certificate must be issued under section 11A and only
transplantation to the body of a brother or sister is allowed.
[3] Section 11A
Insert after section 11:
11A Medical practitioners' certificate--child not capable of
understanding
(1) A medical practitioner who is of the opinion that a child is not, by
reason of his or her age, capable of understanding the nature and
effect of the removal of tissue from his or her body and the
intended effect of its proposed transplantation, may certify in
writing that:
Page 4
Health Legislation Amendment Bill 2005
Amendment of Human Tissue Act 1983 No 164 Schedule 2
(a) the consent in writing of a parent of a child, the terms of
which consent are set out in the certificate, was given in the
presence of the medical practitioner, and
(b) the medical practitioner explained to the parent, before the
consent was given, the nature and effect of the removal
from the child's body of the tissue specified in the consent
and the intended effect of its proposed transplantation, and
(c) the medical practitioner is satisfied that:
(i) at the time the consent was given, the parent was of
sound mind, and
(ii) at the time the consent was given, the parent
understood the nature and effect of the removal of
the tissue and the intended effect of its proposed
transplantation, and
(iii) the consent was freely given, and
(d) the medical practitioner is of the opinion that the following
conditions (the pre-conditions for child tissue donation)
are satisfied:
(i) the child, by reason of his or her age, is not capable
of understanding the nature and effect of the
removal of the tissue and the intended effect of its
proposed transplantation,
(ii) the brother or sister of the child is likely to die or
suffer serious and irreversible damage to his or her
health unless the tissue intended to be removed from
the child is used in the treatment of that brother or
sister,
(iii) any risk to the child's health (including
psychological and emotional health) caused by the
removal of the tissue is minimal.
(2) A certificate by a medical practitioner to the effect that the
pre-conditions for child tissue donation are satisfied is effective
only if a second medical practitioner, who is a specialist in
paediatric medicine or paediatric transplants, also certifies in the
certificate that:
(a) he or she is of the opinion that those pre-conditions are
satisfied, and
(b) he or she provides that opinion as an independent medical
practitioner, being a medical practitioner:
(i) whose primary role in providing an opinion in the
case is to ensure the health of the child from whom
the tissue is to be removed, and
Page 5
Health Legislation Amendment Bill 2005
Schedule 2 Amendment of Human Tissue Act 1983 No 164
(ii) who is not responsible for the care of the brother or
sister in whose treatment the tissue is to be used.
[4] Section 14 Effect of consent under section 10
Insert at the end of the section:
(2) Except as provided by section 15, a document that purports to be
a consent given in accordance with section 10 is, where a
certificate has been given in accordance with section 11A in
relation to that consent, sufficient authority for a medical
practitioner (other than either of the medical practitioners who
gave the certificate) to remove the regenerative tissue specified in
the consent for the purpose specified in the consent.
[5] Section 15 Written consent not to be sufficient authority in certain
circumstances
Insert "or" at the end of section 15 (a).
[6] Section 15 (b)
Omit "or 11". Insert instead ", 11 or 11A".
[7] Section 15 (c) and (d)
Omit section 15 (c). Insert instead:
(c) if a certificate was given for the purposes of section 11--
that the child is no longer in agreement with the proposed
removal and transplantation of the tissue, or
(d) if a certificate was given for the purposes of section 11A--
that the child has at least some understanding of the
procedures involved in the removal of tissue from his or
her body and has repeatedly and consistently expressed an
unwillingness to undergo any such procedure.
[8] Section 16 Revocation of consent
Omit "or 11" from section 16 (2) and (5) (b) wherever occurring.
Insert instead ", 11 or 11A".
[9] Section 20A Consent to removal of blood from child if child unable to
agree
Insert "(being the biological parent, step-parent or adoptive parent)" after
"treatment of the child's parent".
Page 6
Health Legislation Amendment Bill 2005
Amendment of Human Tissue Act 1983 No 164 Schedule 2
[10] Section 26 Certificates required in certain situations
Insert after section 26 (1):
(1A) The 2 medical practitioners referred to in subsection (1) must not
include:
(a) any medical practitioner who is responsible for, or
involved in, the removal of tissue from the person's body
for the purpose of its transplantation to the body of another
person, or
(b) any medical practitioner who is responsible for the care of
the person who is the intended recipient of the tissue.
[11] Section 27 Effect of authority under this Part
Insert "or the transplantation of musculoskeletal tissue" after "corneal
transplantation" wherever occurring in section 27 (1A).
[12] Section 27 (1A) (a)
Omit "Secretary". Insert instead "Director-General".
[13] Section 34 Act does not prevent specified removals of tissue
Insert after section 34 (1) (b2):
(b3) the use of small samples of any tissue that is lawfully
removed from the body of a person (whether living or
deceased) for the purpose of carrying out analyses or tests:
(i) that are part of a program (including any quality
assurance program, quality control program, audit
or evaluation) to ensure, or improve, the quality of
services carried out at or by a hospital, a forensic
institution, a laboratory, an educational or research
institution or a supplier of blood or blood products,
or
(ii) that are necessary for the delivery of services carried
out at or by a hospital, a forensic institution, a
laboratory, an educational or research institution or
a supplier of blood or blood products or for the
accreditation under any Act of a hospital, a forensic
institution, a laboratory, an educational or research
institution or a supplier of blood or blood products,
Page 7
Health Legislation Amendment Bill 2005
Schedule 3 Amendment of Podiatrists Act 2003 No 69
Schedule 3 Amendment of Podiatrists Act 2003
No 69
(Section 3)
Section 132 Regulations
Insert after section 132 (2) (m):
(n) infection control standards to be followed by podiatrists in
the practice of podiatry.
Page 8
Health Legislation Amendment Bill 2005
Amendment of Poisons and Therapeutic Goods Act 1966 No 31 Schedule 4
Schedule 4 Amendment of Poisons and Therapeutic
Goods Act 1966 No 31
(Section 3)
[1] Section 28
Omit the section. Insert instead:
28 Prohibition on prescribing drugs of addiction in certain cases
(1) A medical practitioner or nurse practitioner must not, without the
proper authority, prescribe for or supply to any person a type A
drug of addiction.
(2) A medical practitioner or nurse practitioner must not, without the
proper authority, prescribe or supply a type B drug of addiction:
(a) for continuous therapeutic use by a person for a period
exceeding 2 months, or
(b) for a period that, together with any other period for which
that drug or any other type B drug of addiction has been
prescribed or supplied by the medical practitioner or nurse
practitioner or has, to the medical practitioner's or nurse
practitioner's knowledge, been prescribed or supplied by
any other medical practitioner or nurse practitioner, would
result in that drug, or that drug together with any other such
drug, being prescribed or supplied for continuous
therapeutic use for a period exceeding 2 months.
(3) A medical practitioner or nurse practitioner must not, without the
proper authority, prescribe for or supply to a person who, in the
opinion of the medical practitioner or nurse practitioner, is a drug
dependent person a type C drug of addiction.
(4) For the purposes of this section, the proper authority means an
authority under section 29 that authorises the medical practitioner
or nurse practitioner to prescribe or supply the drug of addiction
to the person concerned.
(5) A drug of addiction may be prescribed for or supplied to a person
by a medical practitioner or nurse practitioner without the proper
authority if the medical practitioner or nurse practitioner is
authorised by the regulations to prescribe or supply the drug
without an authority under section 29.
Page 9
Health Legislation Amendment Bill 2005
Schedule 4 Amendment of Poisons and Therapeutic Goods Act 1966 No 31
(6) In this section:
type A drug of addiction means a drug of addiction prescribed by
the regulations under this section as a type A drug of addiction.
type B drug of addiction means a drug of addiction prescribed by
the regulations under this section as a type B drug of addiction.
type C drug of addiction means any drug of addiction (other than
a type A drug of addiction).
[2] Section 29 Director-General may authorise prescription or supply of
drugs of addiction
Omit "shall" wherever occurring in section 29 (5) (a) and (b).
Insert instead "may".
Page 10
Health Legislation Amendment Bill 2005
Amendment of Poisons and Therapeutic Goods Regulation 2002 Schedule 5
Schedule 5 Amendment of Poisons and Therapeutic
Goods Regulation 2002
(Section 3)
Clauses 121 and 121A
Omit clause 121. Insert instead:
121 Prescribed type A drugs of addiction
For the purposes of section 28 of the Act, each of the following
is prescribed as a type A drug of addiction:
(a) amphetamine,
(b) dexamphetamine,
(c) methylamphetamine,
(d) methylphenidate,
(e) phendimetrazine,
(f) phenmetrazine.
121A Prescribed type B drugs of addiction
For the purposes of section 28 of the Act, each of the following
is prescribed as a type B drug of addiction:
(a) a drug of addiction that is packaged and labelled in a
manner that is consistent with the drug being intended for
administration by injection,
(b) buprenorphine,
(c) dextromoramide,
(d) flunitrazepam,
(e) hydromorphone,
(f) methadone.
Page 11
Health Legislation Amendment Bill 2005
Schedule 6 Amendment of Public Health Act 1991 No 10
Schedule 6 Amendment of Public Health Act 1991
No 10
(Section 3)
[1] Section 10AH Certain foot care services not to be provided by
unregistered persons (as inserted by the Podiatrists Act 2003)
Insert at the end of section 10AH (2) (b):
, or
(c) registered nurse and the debridement is carried out to the
extent necessary to provide immediate relief from pain or
discomfort.
[2] Section 10AH (5) (as inserted by the Podiatrists Act 2003)
Omit the subsection.
Page 12
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