2005
2005
2006-06-20
act
government
publicspecial
act.reprint
allinforce
2005-10-12
2005-10-12
0
2006-06-20
act-2006-058
2005
none
act-2005-082
e061b0d5-7330-43b9-b0c5-e646ced259f1
15e1cb63-d312-4f92-848b-3074314f7a29
Note—
The Act was repealed by Sch 4 to the Statute Law (Miscellaneous Provisions) Act 2006
No 58 with effect from 20.6.2006.
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 2005.
2Commencement
(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.
3Amendment of Acts and
regulation
The Acts and regulation specified in Schedules
1–6 are amended as set out in those Schedules.
Schedule 1Amendment 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.
Schedule 2Amendment 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:
10Consents 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:
11AMedical 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:
(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
(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”.
[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,
Schedule 3Amendment 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.
Schedule 4Amendment of Poisons and Therapeutic Goods Act 1966 No
31
(Section 3)
[1]Section
28
Omit the section. Insert instead:
28Prohibition 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.
(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”.
Schedule 5Amendment of Poisons and Therapeutic Goods Regulation
2002
(Section 3)
Clauses 121 and
121A
Omit clause 121. Insert instead:
121Prescribed 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.
121APrescribed 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.
Schedule 6Amendment 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.
Historical
notes
Table of amending
instruments
Health
Legislation Amendment Act 2005 No 82. Second reading
speech made: Legislative Assembly, 12.10.2005; Legislative Council, 9.11.2005.
Assented to 17.11.2005. Date of commencement, Schs 3 and 6 excepted, 1.1.2006,
sec 2 (1) and GG No 157 of 16.12.2005, p 10878; date of commencement of Sch 3,
9.12.2005, sec 2 (1) and GG No 154 of 9.12.2005, p 10025; date of commencement
of Sch 6, 9.12.2005, sec 2 (2) and GG No 154 of 9.12.2005, p
10028.