2004
2004
2004-12-10
act
government
publicspecial
act.reprint
allinforce
2004-04-02
2004-04-02
0
2004-12-10
act-2004-091
2004
none
act-2004-037
02b49e70-d910-49cf-943f-69d1f2770eac
aa97c047-5d4e-4fce-acc4-ed0649949263
Note—
The Act was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2)
2004 No 91, Sch 3 with effect from
10.12.2004.
An Act to make miscellaneous amendments to
various Acts and a Regulation that relate to health and associated matters;
and for other purposes.
1Name of
Act
This Act is the Health
Legislation Amendment Act 2004.
2Commencement
(1)
This Act commences on a day or days to be
appointed by proclamation.
(2)
A day appointed under this section for the
commencement of a provision of Part 2 of Schedule 5 is not to be earlier than
the day on which Schedule 1 [2] to the Nurses Amendment
Act 2003 commences.
3Amendment of this Act
consequent on commencement of Nurses Amendment
Act 2003 No 45
If Schedule 4 commences after the day on which
Schedule 1 [207] to the Nurses Amendment Act
2003 commences, Schedule 4 is amended immediately before
it commences by omitting the words “nurse practitioners” wherever
occurring and by inserting instead “nurse practitioners or midwife
practitioners”.
4Amendment of Acts and
Regulation
Each Act and Regulation specified in Schedules
1–6 is amended as set out in those Schedules.
Schedule 1Amendment of Dental Technicians Registration Act 1975 No
40
(Section 4)
[1]Section 26 Practice by
unregistered persons
Omit section 26 (1) (b). Insert instead:
(b)
a person undergoing a course of training,
approved by the board, in technical work under the supervision of a dentist or
dental technician, or
[2]Section 26
(2)
Omit the subsection. Insert instead:
(2)
A person other than:
(a)
a dental prosthetist, or
(b)
a dental technician undergoing a course of
training, approved by the board, in the practice of dental prosthetics under
the supervision of a dentist or dental prosthetist,
is guilty of an offence if the person does any act that
forms part of the practice of dental prosthetics, not being an act that is
technical work or that consists of the insertion of
mouthguards.
Schedule 2Amendment of Human Tissue Act 1983 No
164
(Section 4)
[1]Section 4
Definitions
Omit “blood, blood products or” from
the definition of authorised supplier in section 4
(1).
[2]Section 4 (1), definition of
“exempt supplier”
Omit paragraph (a). Insert instead:
(a)
in relation to the supply of blood or a blood
product, means:
(i)
the Australian Red Cross Society,
or
(ii)
the governing body of a hospital,
or
(iii)
any other body declared by the regulations to be
an exempt supplier for the purposes of this Act, or
(a1)
in relation to the supply of blood products that
are therapeutic goods within the meaning of the Therapeutic Goods Act
1989 of the Commonwealth and that are registered goods
within the meaning of that Act—a body that supplies those goods,
or
(a2)
in relation to the supply of blood products that
are therapeutic goods within the meaning of the Therapeutic Goods Act
1989 of the Commonwealth and that are exempt goods for the
purposes of Part 3–2 of that Act—a body that supplies those goods
in compliance with the conditions (if any) of the relevant exemption,
or
[3]Parts 3 and
3A
Omit the Parts. Insert instead:
Part 3Blood and semen
donations
Division 1Preliminary
18Objects of
Part
The objects of this Part, with respect to blood
and blood products, are:
(a)
to provide for appropriate consents for the
removal of blood, and
(b)
to minimise the risks to the public that may
arise from the receipt of blood and blood products, and
(c)
to ensure the continued viability of the blood
supply.
18AApplication of
Part
(1)
This Part applies, with respect to blood and
blood products, to the removal of blood from the body of a person for the
purposes of:
(a)
its transfusion into another person,
or
(b)
its use, or the use of any of its constituents,
for other therapeutic purposes or for medical or scientific purposes, other
than for the purpose of the treatment of the person from whom the blood is
removed.
(2)
This Part does not apply to the removal of blood
from a person for the purpose of using the blood in the treatment of that
person.
(3)
Part 2 does not apply to or in respect of the
removal of blood from the body of a person in accordance with this
Part.
Division 2Consent to removal of
blood
19Consent to removal of blood
from adult
A person, other than a child who is under the age
of 16 years, may consent in writing to the removal of blood from the
person’s body for the purpose of:
(a)
its transfusion to another person,
or
(b)
its use, or the use of any of its constituents,
for other therapeutic purposes or for medical or scientific purposes, other
than for the purpose of the treatment of the person from whom the blood is
removed.
20Consent to removal of blood
from child with agreement of child
A parent or guardian of a child who is under the
age of 16 years may consent in writing to the removal of blood from the
child’s body for a purpose referred to in section 19 (a) or (b), but
that consent is only effective if at the time the consent is given:
(a)
the child is in agreement with the removal of the
blood from the child’s body, and
(b)
a medical practitioner advises the parent or
guardian that any risk to the child’s health (including psychological
and emotional health) caused by the removal of the blood is
minimal.
20AConsent to removal of blood
from child if child unable to agree
A parent or guardian of a child who is under the
age of 16 years may consent in writing to the removal of blood from the
child’s body without the consent of the child for the purpose of using
the blood in the treatment of the child’s parent, brother or sister, but
that consent is only effective if:
(a)
a medical practitioner (other than the medical
practitioner responsible for treating the child’s parent, brother or
sister) certifies in writing that, in the opinion of the medical
practitioner:
(i)
the child is unable to understand the nature and
effect of the removal of blood from the child’s body,
and
(ii)
any risk to the child’s health (including
psychological and emotional health) caused by the removal of the blood is
minimal, and
(b)
a medical practitioner certifies in writing that
the parent, brother or sister is likely to die or suffer serious damage to his
or her health unless blood removed from the child is used in the
treatment.
20BEffect of consent under
Division
An effective consent under section 19, 20 or 20A
is sufficient authority for the removal of blood from the body of the person
who has given the consent, or from the body of the child to whom the consent
relates, as the case may be.
Division 3Special provisions concerning
donors
20CApplication of
Division
This Division applies:
(a)
to blood that is removed from a donor’s
body for the purpose of:
(i)
its transfusion to another person,
or
(ii)
its use, or the use of any of its constituents,
for other therapeutic purposes or for medical or scientific purposes involving
the treatment of a person other than the donor, and
(b)
to blood products derived or extracted from blood
of the kind referred to in paragraph (a), and
(c)
to semen obtained or received from a donor for
the purpose of using some or all of the semen for the artificial insemination
of a woman.
20DCertificates by
donors
(1)
In this section:
certificate means a certificate
relating to the medical suitability of the donor, being a certificate in a
form prescribed by the regulations.
(2)
A person must not:
(a)
remove or use a donor’s blood for a purpose
referred to in section 20C (a), or
(b)
obtain, receive or use a donor’s semen for
a purpose referred to in section 20C (c),
unless the donor has signed a certificate and had the
signature witnessed by a person (or a person belonging to a class of persons)
(the prescribed witness) prescribed by
the regulations.
Maximum penalty: 100 penalty
units.
(3)
A requirement in this section that a donor sign a
certificate is satisfied if:
(a)
in the case of a donor who is illiterate but not
physically incapable of signing—the donor makes his or her mark on the
certificate and the prescribed witness certifies on the certificate that,
before the mark was made, the nature and effect of the certificate were
explained to the donor, or
(b)
in the case of a donor who is physically
incapable of signing—a person authorised to do so by the donor signs the
certificate, or
(c)
in the case of a donor who is a child under the
age of 16 years—the child’s parent or guardian signs the
certificate.
(4)
This section does not apply in respect of semen
obtained or received from a donor solely for the purpose of its use for the
artificial insemination of the donor’s spouse.
20EFalse or misleading
statements
A person must not, for the purposes of this
Division, sign a certificate that contains any statement that, to that
person’s knowledge, is false or misleading in a material
particular.
Maximum penalty: 50 penalty units or imprisonment
for one year, or both.
20FRestrictions as to legal
proceedings involving infection by a prescribed contaminant involving
blood
(1)
If:
(a)
a person has become infected with a prescribed
contaminant, or a disease that is attributable to a prescribed contaminant,
and
(b)
the contaminant was or may have been transmitted
to that person as a result of a transfusion of blood or a blood product or of
any other treatment involving the use of blood or a blood
product,
the provisions of subsection (3), (4) or (5) apply
according to the circumstances of the case.
(2)
The regulations may make provision for or with
respect to prescribing defences (in addition to those provided for in
subsections (4) and (5)) as defences to proceedings of the kind referred to in
subsections (4) and (5).
(3)
Proceedings for an offence (except an offence
against section 20E) or in tort or for a breach of contract arising out of the
transmission of a prescribed contaminant as referred to in subsection (1) may
not be brought against the donor of the blood concerned in the infection,
unless it is proved in the proceedings:
(a)
that the donor has previously been found guilty
of an offence against section 20E or of an offence against a law of another
State or a Territory that corresponds to that section, or
(b)
that the donor would have been found guilty of
such an offence had the donor been charged with such an
offence.
(4)
If proceedings for an offence or in tort or for a
breach of contract arising out of the transmission of a prescribed contaminant
as referred to in subsection (1) are brought against a person (other than the
donor) in respect of a supply by that person, or an employee of that person,
of blood or a blood product, it is a defence in those proceedings for the
defendant to prove that:
(a)
at the time of supply, the defendant was an
exempt supplier or an employee of an exempt supplier, and
(b)
if the defendant or an employee of the defendant
removed the blood or the blood from which the blood product was derived or
extracted from the donor—the defendant or that employee had, before
supply, ensured that:
(i)
the donor had signed either a certificate of the
kind referred to in section 20D or a similar document as to the medical
suitability of the donor to provide blood for a purpose referred to in section
20C (a), and
(ii)
the blood or the blood from which the blood
product was derived or extracted had been subjected to tests of a kind
approved by the Minister for the purposes of this section and those tests had
indicated that no prescribed contaminant was present in that blood,
and
(c)
if the defendant or an employee of the defendant
obtained the blood or blood product from another person—that other
person was an exempt supplier or an employee of an exempt supplier,
and
(d)
before the time when the blood or blood product
was used for transfusion to, or for otherwise treating, the infected person,
the defendant had not become aware that the blood or blood product was or was
likely to have been contaminated with the prescribed contaminant concerned or,
if before that time the defendant had become aware of that fact, the defendant
had taken all reasonably practicable steps to ensure that the blood or blood
product was not so used.
(5)
If proceedings for an offence or in tort or for a
breach of contract arising out of the transmission of a prescribed contaminant
as referred to in subsection (1) are brought against the person who carried
out the transfusion or treatment or the employer or any supervisor of that
person, it is a defence in those proceedings for the defendant to prove
that:
(a)
if the defendant or an employee of the defendant
removed the blood or the blood from which the blood product was derived or
extracted from the donor directly, the defendant or that employee had ensured
that:
(i)
the donor had signed either a certificate of the
kind referred to in section 20D or a similar document as to the medical
suitability of the donor to provide blood for a purpose referred to in section
20C (a), and
(ii)
the blood or the blood from which the blood
product was derived or extracted had been subjected to tests of a kind
approved by the Minister for the purposes of this section and those tests had
indicated that no prescribed contaminant was present in that blood,
and
(b)
if the defendant or an employee of the defendant
obtained the blood or blood product from another person—that other
person was an exempt supplier or an employee of an exempt supplier,
and
(c)
when the transfusion or treatment was carried
out, the defendant was not aware that the blood or blood product was or was
likely to have been contaminated with the prescribed contaminant
concerned.
(6)
In this section:
prescribed contaminant means a
contaminant prescribed by the regulations for the purposes of this
section.
20GRestrictions as to legal
proceedings involving infection by a prescribed contaminant involving
semen
(1)
If:
(a)
a person has become infected with a prescribed
contaminant, or a disease that is attributable to a prescribed contaminant,
and
(b)
the contaminant was or may have been transmitted
to that person as a result of the artificial insemination of a
woman,
the provisions of subsection (2), (3) or (4) apply
according to the circumstances of the case.
(2)
Proceedings for an offence (except an offence
against section 20E) or in tort or for a breach of contract arising out of the
transmission of a prescribed contaminant as referred to in subsection (1) may
not be brought against the donor of the semen concerned in the infection,
unless it is proved in the proceedings:
(a)
that the donor has previously been found guilty
of an offence against section 20E or of an offence against a law of another
State or a Territory that corresponds to that section, or
(b)
that the donor would have been found guilty of
such an offence had the donor been charged with such an
offence.
(3)
If proceedings for an offence or in tort or for a
breach of contract arising out of the transmission of a prescribed contaminant
as referred to in subsection (1) are brought against a person (other than the
donor) in respect of a supply by that person, or an employee of that person,
of semen, it is a defence in those proceedings for the defendant to prove
that:
(a)
at the time of supply, the defendant was an
authorised supplier or an employee of an authorised supplier,
and
(b)
if the defendant or an employee of the defendant
had obtained or received the semen from the donor—the defendant or that
employee had, before supply, ensured that:
(i)
the donor had signed either a certificate of the
kind referred to in section 20D or a similar document as to the medical
suitability of the donor to provide semen for the purpose referred to in
section 20C (c), and
(ii)
the blood of the donor of the semen had been
subjected to tests of a kind approved by the Minister for the purposes of this
section and those tests had indicated that no prescribed contaminant was
present in that blood, and
(c)
if the defendant or an employee of the defendant
obtained the semen from another person—that other person was an
authorised supplier or an employee of an authorised supplier,
and
(d)
before the time when the semen was used for the
artificial insemination of the infected woman, the defendant had not become
aware that the semen was or was likely to have been contaminated with the
prescribed contaminant concerned or, if before that time the defendant had
become aware of that fact, the defendant had taken all reasonably practicable
steps to ensure that the semen was not so used.
(4)
If proceedings for an offence or in tort or for a
breach of contract arising out of the transmission of a prescribed contaminant
as referred to in subsection (1) are brought against the person who carried
out the artificial insemination or the employer or any supervisor of that
person, it is a defence in those proceedings for the defendant to prove
that:
(a)
if the defendant or an employee of the defendant
obtained or received the semen, from the donor directly, the defendant or that
employee had ensured that:
(i)
the donor had signed either a certificate of the
kind referred to in section 20D or a similar document as to the medical
suitability of the donor to provide semen for the purpose referred to in
section 20C (c), and
(ii)
the blood of the donor of the semen had been
subjected to tests of a kind approved by the Minister for the purposes of this
section and those tests had indicated that no prescribed contaminant was
present in that blood, and
(b)
if the defendant or an employee of the defendant
obtained the semen from another person—that other person was an
authorised supplier or an employee of an authorised supplier,
and
(c)
when the transfusion, treatment or artificial
insemination was carried out, the defendant was not aware that the semen was
or was likely to have been contaminated with the prescribed contaminant
concerned.
(5)
In this section:
prescribed contaminant means a
contaminant prescribed by the regulations for the purposes of this
section.
20HRecords
The regulations may provide for the keeping of
certificates given for the purposes of this Division and for the making and
keeping of records in respect of those certificates.
Part 3ARegulation of businesses
supplying blood and blood products
21Unauthorised persons
prohibited from carrying on a business of supplying blood or blood
products
(1)
A person, other than an exempt supplier, must not
carry on a business of supplying homologous blood or blood
products.
Maximum penalty: 100 penalty
units.
(2)
A person must not participate in the management
of a business of supplying homologous blood or blood products unless that
business is an exempt supplier.
Maximum penalty: 100 penalty
units.
(3)
In this section, a reference to carrying on a
business of supplying homologous blood or blood products is a reference to
carrying on a business or undertaking of supplying blood or blood products to
medical institutions and other persons:
(a)
for the purpose of transfusing to persons other
than the donor some or all of the blood or blood products,
or
(b)
for the purpose of using some or all of the blood
or blood products for other therapeutic purposes, or for medical or scientific
purposes, involving the treatment of persons other than the
donor.
21APresumptions in certain legal
proceedings
If in any legal proceedings relating to an
alleged contravention of this Part it is proved that:
(a)
a person, other than the donor, has supplied
blood or blood products on at least 2 occasions to one or more persons for the
purpose of transfusion to other persons or for other therapeutic purposes, or
for medical or scientific purposes, involving the treatment of persons,
or
(b)
a person, other than the donor, has kept on
premises occupied by that person blood or blood products in excess of the
prescribed quantity,
it is to be presumed for the purposes of those
proceedings, unless the contrary is proved, that the person was carrying on a
business of supplying homologous blood or blood products within the meaning of
section 21.
21BOffences by
corporations
(1)
If a corporation contravenes, whether by act or
omission, any provision of this Part or a regulation made for the purposes of
this Part, each person who is a director of the corporation or who is
concerned in the management of the corporation is taken to have contravened
the same provision if the person knowingly authorised or permitted the
contravention.
(2)
A person may be proceeded against under a
provision pursuant to subsection (1) whether or not the corporation has been
proceeded against under that provision.
(3)
Nothing in this section affects any liability
imposed on a corporation for an offence committed by the corporation against
this Part or a regulation made for the purposes of this
Part.
21CInjunctions
(1)
If, on the application of the Director-General,
the Supreme Court is satisfied that a person has engaged, or is proposing to
engage, in conduct that constitutes or would constitute one or more of the
following:
(a)
a contravention of section
21,
(b)
attempting to contravene section
21,
(c)
aiding, abetting, counselling or procuring a
person to contravene section 21,
(d)
inducing, or attempting to induce, whether by
threats or promises or otherwise, a person to contravene section
21,
(e)
being, directly or indirectly, knowingly
concerned in, or party to, the contravention by a person of section
21,
(f)
conspiring with others to contravene section
21,
the Court may grant an injunction in such terms as the
Court determines to be appropriate.
(2)
If an application is made to the Supreme Court
for an injunction under subsection (1), the Court may, if in the opinion of
the Court it is desirable to do so before considering the application, grant
an interim injunction restraining a person from engaging in conduct of the
kind referred to in subsection (1) pending the determination of the
application.
(3)
The Supreme Court may rescind or vary an
injunction granted under subsection (1) or (2).
(4)
If an application is made to the Supreme Court
for the grant of an injunction restraining a person from engaging in conduct
of a particular kind, the power of the Court to grant the injunction may be
exercised:
(a)
where the Court is satisfied that the person has
engaged in conduct of that kind—whether or not it appears to the Court
that the person intends to engage again, or to continue to engage, in that
conduct, or
(b)
where it appears to the Court that, in the event
of the injunction not being granted, it is likely that the person will engage
in conduct of that kind—whether or not the person has previously engaged
in conduct of that kind.
(5)
The Director-General is not to be required to
give any undertaking as to damages or costs in respect of an application under
this section.
[4]Part 3B,
heading
Omit the heading. Insert instead:
Part 3BRegulation of businesses
supplying semen
[5]Section 21F
Definitions
Omit section 21F (1). Insert instead:
(1)
In this Part, a reference to carrying on a
business of supplying semen is a reference to carrying on a business or
undertaking of supplying semen to medical institutions and other persons for
the purpose of using some or all of the semen for the artificial insemination
of women.
[6]Section 21G Unauthorised
persons prohibited from carrying on a business of supplying
semen
Omit “blood, blood products or” from
section 21G (1) (a).
[7]Sections 21H (1) and (2) (b),
21I (1) (b) and 21V (1) (a) (ii)
Omit “blood, blood products or”
wherever occurring.
[8]Section 21M Presumptions in
certain legal proceedings
Omit section 21M (a). Insert instead:
(a)
a person, other than the donor, has supplied
semen on at least 2 occasions to one or more persons for the purpose of
artificially inseminating women, or
[9]Section 21M
(b)
Omit “blood or blood products or, as the
case may be,”.
[10]Section
21M
Omit “blood or blood products or of
supplying”.
[11]Section 21U
Injunctions
Omit section 21U (1). Insert instead:
(1)
If, on the application of the Director-General,
the Supreme Court is satisfied that a person has engaged, or is proposing to
engage, in conduct that constitutes or would constitute one or more of the
following:
(a)
a contravention of section
21G,
(b)
attempting to contravene section
21G,
(c)
aiding, abetting, counselling or procuring a
person to contravene section 21G,
(d)
inducing, or attempting to induce, whether by
threats or promises or otherwise, a person to contravene section
21G,
(e)
being, directly or indirectly, knowingly
concerned in, or party to, the contravention by a person of section
21G,
(f)
conspiring with others to contravene section
21G,
the Court may grant an injunction in such terms as the
Court determines to be appropriate.
[12]Section 21U
(5)
Insert after section 21U (4):
(5)
The Director-General is not to be required to
give any undertaking as to damages or costs in respect of an application under
this section.
[13]Section 21W
Application
Omit “or 3A” from section 21W (2)
(b).
[14]Section 21W (2)
(c)
Omit “Part 3A”. Insert instead
“Part 3”.
[15]Section 21ZB Effect of
authority under this Part
Omit “, 3 and 3A” from the note to
the section. Insert instead “and 3”.
[16]Section 34 Act does not
prevent specified removals of tissue
Omit “Part 3A” from section 34 (2).
Insert instead “Part 3”.
[17]Section 36
Offences
Omit “Part 3A excepted” from section
36 (3) (b).
Insert instead “Division 3 of Part 3
excepted”.
[18]Section 39
Regulations
Insert after section 39 (1A) (d):
(e)
the safety of blood and blood products, including
testing for prescribed contaminants.
[19]Schedule 1 Savings,
transitional and other provisions
Insert at the end of clause 1 (1):
Health
Legislation Amendment Act 2004 (but only to the extent
that it amends this Act)
[20]Schedule 1, Part
3
Insert after Part 2:
Part 3Provisions consequent on
enactment of Health Legislation Amendment Act
2004
3Consent
A consent to the removal of blood from a person
that was obtained from a person in accordance with Part 3 of the Act before
the commencement of Schedule 2 [3] to the Health
Legislation Amendment Act 2004 does not authorise the
removal of blood from a person after that commencement.
4Previous
offences
A reference in sections 20F and 20G to an offence
against section 20E includes a reference to an offence against section 21D as
in force before its repeal by the Health
Legislation Amendment Act 2004.
5Certificates
A certificate signed by a donor in accordance
with section 21C before the repeal of that section by the Health
Legislation Amendment Act 2004 is taken to be a
certificate signed by a donor in accordance with section
20D.
6Regulations
This Part has effect subject to any regulations
made pursuant to clause 1.
Schedule 3Amendment of Mental Health Act 1990 No
9
(Section 4)
[1]Section 22 Assistance by
police
Omit section 22 (1). Insert instead:
(1)
A medical practitioner or an accredited person
who gives a certificate under section 21 in relation to a person, and who is
of the opinion that there are serious concerns relating to the safety of the
person or other persons if the person is taken to a hospital (other than an
authorised hospital) without the assistance of a member of the Police Force,
may endorse the certificate in the form set out in Part 2 of Schedule
2.
[2]Section
287B
Insert after section 287A:
287BChief Health Officer may
delegate functions
(1)
The Chief Health Officer may delegate to an
authorised person any of the functions of the Chief Health Officer under this
Act, other than this power of delegation.
(2)
A delegate may sub-delegate to an authorised
person any function delegated by the Chief Health Officer if the delegate is
authorised in writing to do so by the Chief Health
Officer.
(3)
In this section:
authorised person means:
(a)
a member of staff of the Department of Health,
or
(b)
any person (or person belonging to a class of
persons) prescribed by the regulations.
[3]Schedule 2 Medical certificate
as to examination or observation of person
Omit from Part 2:
YOU SHOULD NOT REQUEST THIS ASSISTANCE UNLESS IT
IS NECESSARY AND THERE ARE NO OTHER MEANS OF TAKING THE PERSON TO HOSPITAL
REASONABLY AVAILABLE
Insert instead:
YOU SHOULD NOT REQUEST THIS ASSISTANCE UNLESS
THERE ARE SERIOUS CONCERNS RELATING TO THE SAFETY OF THE PERSON OR OTHER
PERSONS IF THE PERSON IS TAKEN TO A HOSPITAL WITHOUT THE ASSISTANCE OF A
MEMBER OF THE POLICE FORCE
[4]Schedule 2, Part
2
Omit paragraphs (a) and (b). Insert
instead:
that there are serious concerns relating to the
safety of the person or other persons if the person is taken to a hospital
without the assistance of a member of the Police Force. The reason for me
being of this opinion is
[5]Schedule 7 Savings,
transitional and other provisions
Insert at the end of clause 2 (1A):
Health
Legislation Amendment Act 2004 (but only to the extent
that it amends this Act)
Schedule 4Amendment of Nurses Act 1991 No
9
(Section 4)
[1]Section 78A Guidelines
relating to functions of nurse practitioners
Insert after section 78A (2):
(2A)
The guidelines may make provision for the
possession, use, supply or prescription by nurse practitioners of any drug of
addiction, including by specifying:
(a)
the drugs of addiction (if any) that may be
possessed, used, supplied or prescribed by nurse practitioners,
and
(b)
the circumstances (if any) in which a drug of
addiction may be so possessed, used, supplied or
prescribed.
[2]Section 78A
(6)
Insert in alphabetical order:
drug of
addiction has the same meaning as in the Poisons and Therapeutic Goods Act
1966.
[3]Section 78A,
note
Omit the note. Insert instead:
Note—
This provision allows the Director-General to
approve guidelines for the possession, use, supply and prescription by nurse
practitioners of any substance specified in the Poisons List (as proclaimed
under the Poisons and Therapeutic Goods Act
1966). Authorisation for nurse practitioners to actually
possess, use, supply or prescribe any such substance is dealt with under the
Poisons and Therapeutic Goods Act
1966.
Schedule 5Amendment of Poisons and Therapeutic Goods Act 1966 No
31
(Section 4)
Part 1Amendments relating to nurse
practitioners and other matters
[1]Sections 23 and 24 (1)
(h1)
Insert “, nurse practitioner” after
“medical practitioner” wherever occurring.
[2]Section 24 Regulations under
Division 1 of Part 4
Insert “nurse practitioners,” after
“medical practitioners,” wherever occurring in section 24 (1) (c)
and (d).
[3]Section 24 (2)
(b1)
Insert after section 24 (2) (b):
(b1)
authorising nurse practitioners employed in
dispensing medicines at any public hospital or other institution to be in
possession of and to supply, in the lawful practice of their professions as
such, any drug of addiction, subject to such conditions and restrictions as
may be prescribed,
[4]Section 27
Definition
Omit the definition of approved
prescriber.
[5]Section 28 Prohibition on
prescribing drugs of addiction in certain cases
Insert “or nurse practitioner” after
“medical practitioner” wherever occurring.
[6]Section 28
(b)
Insert “or nurse
practitioner’s” after “medical
practitioner’s”.
[7]Section 29 Director-General
may authorise prescription or supply of drugs of
addiction
Insert “or nurse practitioner” after
“medical practitioner” wherever occurring in section 29 (3) and
(5) (a).
[8]Section 29
(8)
Insert after 29 (7):
(8)
The Director-General may arrange for an authority
to be referred from time to time to the Medical Committee for review and a
report and recommendation to the Director-General as a result of the
review.
[9]Section 30AA Power of Medical
Committee to obtain information
Omit section 30AA (1) (a). Insert instead:
(a)
under section 28A (8) or 29 (8) the
Director-General refers an approval or an authority to the Medical Committee
for review, and
[10]Section 30AA (1)
(b)
Insert “or authority” after
“approval” wherever occurring.
[11]Section 30AA (2) and
(4)
Omit “or New South Wales Medical
Board” wherever occurring.
Insert instead “, New South Wales Medical
Board or Nurses Registration Board”.
[12]Section 30AA
(5)
Insert at the end of section 30AA (5) (b):
, or
(c)
the Nurses Act
1991.
[13]Section 30AA
(6)
Insert after section 30AA (5):
(6)
In this section:
Nurses
Registration Board means the Nurses Registration Board
constituted under section 8 of the Nurses Act
1991.
[14]Schedule 3 Savings and
transitional provisions
Insert at the end of clause 1 (1):
Health
Legislation Amendment Act 2004 (but only to the extent
that it amends this Act)
Part 2Amendments relating to midwife
practitioners
[15]Sections 23 and 24 (1)
(h1)
Insert “, midwife practitioner”
before “or dentist” wherever occurring.
[16]Section 24 Regulations under
Division 1 of Part 4
Insert “midwife practitioners,”
before “dentists” wherever occurring in section 24 (1) (c) and
(d).
[17]Section 24 (2) (b1) (as
inserted by the Health Legislation Amendment Act
2004)
Insert “or midwife practitioners”
after “nurse practitioners”.
[18]Section 30AA Power of Medical
Committee to obtain information (as amended by the Health
Legislation Amendment Act 2004)
Omit “Nurses Registration Board” and
“Nurses
Registration Board” wherever occurring in section 30AA
(2), (4) and (6).
Insert instead “Nurses and Midwives
Board” and “Nurses
and Midwives Board”
respectively.
[19]Section 30AA (5) and (6) (as
amended by the Health Legislation Amendment Act
2004)
Omit “Nurses Act
1991” wherever occurring.
Insert instead “Nurses and Midwives Act
1991”.
Schedule 6Amendment of Poisons and Therapeutic Goods Regulation
2002
(Section 4)
[1]Clause 82 Exceptions to
section 28: prescriptions generally
Omit “an approved prescriber” from
clause 82 (4) (a).
Insert instead “a person approved under
section 28A of the Act as a prescriber of drugs of
addiction”.
[2]Clause 94 Exceptions to
section 28: supply
Omit “an approved prescriber” from
clause 94 (4) (a).
Insert instead “a person approved under
section 28A of the Act as a prescriber of drugs of
addiction”.
Historical
notes
Table of amending
instruments
Health
Legislation Amendment Act 2004 No 37. Second reading
speech made: Legislative Assembly, 2.4.2004; Legislative Council, 11.5.2004.
Assented to 15.6.2004. Date of commencement, 1.8.2004, sec 2 (1) and GG No 126
of 30.7.2004, p 6113. Sec 3 was without effect as Sch 4 commenced
simultaneously with Sch 1 [207] to the Nurses Amendment
Act 2003.