Table Of Contents

Health Practitioner Regulation (New South Wales) Regulation 2025

Part 1 Preliminary
1   Name of regulation
This regulation is the Health Practitioner Regulation (New South Wales) Regulation 2025.
2   Commencement
This regulation commences on 1 September 2025.
Note—
This regulation replaces the Health Practitioner Regulation (New South Wales) Regulation 2016, which is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).
3   Definitions
In this regulation—
2016 Regulation, for Schedule 1, Part 9—see Schedule 1, section 13.
AS 5369, for Schedule 2—see Schedule 2, section 1.
body substance, for Schedule 2—see Schedule 2, section 1.
community member, for Schedule 1—see Schedule 1, section 1.
dental hygienist, for Schedule 1, Part 3—see Schedule 1, section 5.
dental prosthetist, for Schedule 1, Part 3—see Schedule 1, section 5.
dental therapist, for Schedule 1, Part 3—see Schedule 1, section 5.
dentist, for Schedule 1, Part 3—see Schedule 1, section 5.
endorsed midwife, for Schedule 1, Part 5—see Schedule 1, section 8.
enrolled nurse, for Schedule 1, Part 5—see Schedule 1, section 8.
invasive procedure, for Schedule 2—see Schedule 2, section 1.
local practitioner, for Schedule 1—see Schedule 1, section 1.
medical corporation means a corporation engaged in the provision of medical services by medical practitioners.
medical treatment or other medical service includes any medical or surgical treatment, service or procedure, including for diagnostic purposes.
medication storage and preparation room has the same meaning as in the Law, Schedule 5F.
midwife, for Schedule 1, Part 5—see Schedule 1, section 8.
nominating body, for Schedule 1—see Schedule 1, section 1.
nurse practitioner, for Schedule 1, Part 5—see Schedule 1, section 8.
oral health therapist, for Schedule 1, Part 3—see Schedule 1, section 5.
patient means a person to whom health care treatment or other health services are provided.
Register, for Schedule 1, Part 3—see Schedule 1, section 5.
Register of Midwives, for Schedule 1, Part 5—see Schedule 1, section 8.
Register of Nurses, for Schedule 1, Part 5—see Schedule 1, section 8.
registered nurse, for Schedule 1, Part 5—see Schedule 1, section 8.
relevant health practitioner means a health practitioner other than a psychologist.
sharps, for Schedule 2—see Schedule 2, section 1.
the Law means the Health Practitioner Regulation National Law (NSW).
Note—
The Law and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
Part 2 Infection control standards
4   Infection control standards
(1)  A relevant health practitioner must not, without reasonable excuse, fail to comply with the infection control standards set out in Schedule 2 to the extent they apply to the relevant health practitioner in the practice of the relevant health practitioner’s profession.
(2)  In deciding whether or not a relevant health practitioner has a reasonable excuse for failing to comply with a standard, particular consideration must be given to the following—
(a)  whether the circumstances involved the provision of emergency treatment,
(b)  whether the health practitioner’s employer failed to provide the necessary equipment, including—
(i)  providing access to the equipment, and
(ii)  providing training in the use of the equipment that would have enabled the health practitioner to comply with the standard.
(3)  If there is an inconsistency between the infection control standards set out in Schedule 2 and a registration standard, code or guideline published by a National Board, the registration standard, code or guideline prevails to the extent of the inconsistency.
Part 3 Record keeping by medical practitioners and medical corporations
5   Records relating to patients
(1)  A medical practitioner or medical corporation must, in accordance with this part and Schedule 3, ensure a record is kept for each patient of the medical practitioner or medical corporation.
(2)  A contravention of subsection (1) by a medical practitioner may constitute behaviour for which health, conduct or performance action may be taken.
(3)  Subsection (1) does not apply to the following—
(a)  a public health organisation within the meaning of the Health Services Act 1997,
(b)  a private health facility within the meaning of the Private Health Facilities Act 2007,
(c)  a nursing home within the meaning of the Public Health Act 2010,
(d)  the Health Administration Corporation established under the Health Administration Act 1982.
(4)  Subsection (3) does not affect the application of subsection (1) to a medical practitioner appointed, employed, contracted or otherwise engaged by a medical corporation referred to in subsection (3).
6   Medical corporation to appoint practitioner to be responsible for record keeping
(1)  A medical corporation must, by written notice given to the Medical Council of New South Wales, appoint a medical practitioner to be responsible for record keeping by the corporation.
(2)  It is an offence if, at any time, a medical corporation fails to have an appointment of the kind outlined in subsection (1).
Maximum penalty—2 penalty units.
(3)  The notice of appointment must be accompanied by a notice of acceptance signed by the appointed person.
(4)  An appointment—
(a)  may be revoked by written notice given to the Medical Council—
(i)  by the medical corporation, or
(ii)  by or for the appointed person, and
(b)  is revoked if the appointed person ceases to be a medical practitioner.
(5)  If a medical corporation contravenes a provision of this part or Schedule 3, the person appointed under this section to be responsible for record keeping by the corporation at the time of the contravention is taken to have contravened the provision.
7   When records must be made
(1)  A record must be made contemporaneously with the provision of the medical treatment or other medical service or as soon as practicable afterwards.
(2)  This section may be complied with by the making of further entries in a single record that relates to the relevant patient.
8   How long records must be kept
(1)  A record must be kept for at least 7 years from the date of last entry in the record, unless the patient was less than 18 years of age at the date of last entry in the record.
(2)  If the patient was less than 18 years of age at the date of last entry in the record, the record must be kept until the patient is 25 years of age.
(3)  In this section—
date of last entry in the record means the date the relevant patient was last provided with a medical treatment or other medical service by the medical practitioner or medical corporation that provided the treatment or services.
9   Disposal of medical practice
(1)  If a medical practitioner or medical corporation disposes of a medical practice, the practitioner or corporation is taken to have complied with section 8 if the practitioner or corporation makes reasonable efforts to ensure the records are kept in accordance with section 8.
(2)  In this section—
reasonable efforts includes—
(a)  giving the records to the medical practitioner or medical corporation that acquires the medical practice, or
(b)  giving the records to the patient.
10   Storage
(1)  All reasonable steps must be taken to ensure records are kept in a way that preserves the confidentiality of the information contained in the records and prevents the records from being damaged, lost or stolen.
(2)  Despite subsection (1), a record must be reasonably accessible for the purpose of treating the patient to whom it relates.
Part 4 Matters relating to pharmacy profession
Division 1 Approval of premises used for pharmacy business
11   Standards for approval of pharmacy premises
(1)  For the Law, Schedule 5F, clause 12(8)(a), the following standards are prescribed for premises other than medication storage and preparation rooms—
(a)  the premises must have at least one doorway allowing direct public access to the premises,
(b)  the premises, including doors, windows, floors and ceilings, must be secure to minimise the risk of unauthorised access to the premises and scheduled medicines and other therapeutic goods in the premises,
(c)  the premises must be equipped with a dispensing area of at least 8m2 unless otherwise approved by the Pharmacy Council of New South Wales,
(d)  there must be a part of the premises in which a consultation conducted by a pharmacist is not reasonably likely to be overheard by a person not party to the consultation,
(e)  the following equipment must be installed or kept at the premises and maintained in accordance with the manufacturer’s instructions or, if there are no instructions, to the standard necessary for the safe and competent delivery of pharmacy services—
(i)  the equipment listed in Schedule 4,
(ii)  other equipment necessary to ensure the safe and competent delivery of pharmacy services from the premises,
(f)  the publications listed in Schedule 4 must be—
(i)  kept in the premises, or
(ii)  accessible by electronic means from the premises in accordance with section 13.
(2)  The following standards are prescribed for a dispensing area referred to in subsection (1)(c)—
(a)  the area must be adequately lit and ventilated,
(b)  the area must be equipped with a stainless steel or similarly impervious sink that has an impervious surround and is supplied with hot and cold running water,
(c)  the area must have a bench that—
(i)  is at least 40cm wide, and
(ii)  is of sufficient length to provide not less than 1m2 of free working space, and
(iii)  has an impervious covering,
(d)  the area must have at least one dispensary barcode scanner connected to each dispensing station in the dispensing area.
12   Standards for approval of medication storage and preparation rooms
(1)  For the Law, Schedule 5F, clause 12(8)(a), the following standards are prescribed for medication storage and preparation rooms—
(a)  all reasonable steps to prevent public access to the room must be taken,
(b)  the premises, including doors, windows, floors and ceilings, must be secure to minimise the risk of unauthorised access to the room and scheduled medicines in the room,
(c)  the room must be equipped with a dispensing area of at least 8m2 unless otherwise approved by the Pharmacy Council of New South Wales,
(d)  the room must be laid out and equipped so that—
(i)  drugs stored in the room may be stored in accordance with each drug’s storage conditions, and
(ii)  drugs being prepared, packaged or stored in the room, for supply to a particular patient or to a health care facility for supply to a particular patient or resident of that facility, may be stored together, and
(iii)  documentation physically stored in the room relating to a patient or resident may be stored with the relevant drugs,
(e)  the publications listed in Schedule 5 must be—
(i)  kept in the room, or
(ii)  accessible by electronic means from the room in accordance with section 13.
(2)  The following standards are prescribed for a dispensing area referred to in subsection (1)(c)—
(a)  the area must be adequately lit and ventilated,
(b)  the area must be equipped with a stainless steel or similarly impervious sink that has an impervious surround and is supplied with hot and cold running water,
(c)  the area must have a bench that—
(i)  is at least 40cm wide, and
(ii)  is of sufficient length to provide not less than 1m2 of free working space, and
(iii)  has an impervious covering,
(d)  the area must have at least one dispensary barcode scanner connected to each dispensing station in the dispensing area.
13   Access to electronic versions of publications
The following provisions apply to access by electronic means to publications referred to in sections 11(1)(f) and 12(1)(e)—
(a)  relevant software or data licences for the publication must provide for access for each pharmacist in the premises, including a locum,
(b)  a document must be kept in the premises and made available to each pharmacist in the premises, including a locum, setting out how each pharmacist may readily access the current version of the publication,
(c)  if the publication is accessed via the internet—access to the internet must be maintained while a pharmacist is dispensing or compounding drugs in the premises and the current version of the publication must be readily accessible by web browser bookmarks or otherwise.
Division 2 Other matters
14   Pharmacy fees
(1)  For the Law, Schedule 5F, clause 12(5), the prescribed fee must be determined in accordance with the following table—
Type of application
Fee
Application for approval of premises as suitable for carrying on pharmacy business by pharmacist—
 
(a)  initial application, or
$550
(b)  annual renewal application—
 
(i)  if lodged on or before due date, or
$415
(ii)  if lodged after due date
$515
Application for registration of holder of financial interest in pharmacy business
$615
(2)  For the Law, Schedule 5F, clause 14(4), the maximum amount the Pharmacy Council of New South Wales may charge as a fee for inspection of the Register of Pharmacies is $30.
(3)  For the Law, Schedule 5F, clause 15(1A), the fee to accompany an annual declaration to the Pharmacy Council by a person who holds a financial interest in a pharmacy business is $297 per pharmacy business.
15   Restrictions on who may have financial interest in pharmacy business
For the Law, Schedule 5F, clause 5(2)(d), a person is not prevented from having a financial interest in a pharmacy business if that interest is a security interest.
Part 5 Miscellaneous
16   Notice of mental health matters
(1)  For the Law, section 151, the person who must arrange for notice to be given is the medical superintendent of the mental health facility in which the registered health practitioner or student has been detained.
(2)  The notice must specify—
(a)  the name and residential address of the registered health practitioner or student, and
(b)  the date on which the registered health practitioner or student was detained in the mental health facility.
(3)  The notice must be given—
(a)  to the Executive Officer by telephone on the next business day after the day on which the registered health practitioner or student is detained in the facility, and
(b)  to the Executive Officer and the National Board by post within 7 business days after the day on which the registered health practitioner or student is detained in the facility.
(4)  In this section—
applicable health profession means the health profession in which the registered health practitioner or student is registered.
Executive Officer means the Executive Officer of the Council for the applicable health profession.
National Board means the National Board for the applicable health profession.
17   Savings
An act, matter or thing that, immediately before the repeal of the Health Practitioner Regulation (New South Wales) Regulation 2016, had effect under that regulation continues to have effect under this regulation.
Schedule 1 Membership of Councils
the Law, section 41E
Part 1 Preliminary
1   Definitions
In this schedule—
community member means a NSW resident who is not, and has never been, registered under the Law in the health profession for which the Council is constituted.
local practitioner means a health practitioner who is registered under the Law in the health profession for which the Council is constituted and whose principal place of practice is in New South Wales.
nominating body means a body that may, under the Law or this regulation, nominate an individual for appointment as a member of a Council.
2   Membership of Councils
(1)  For the Law, section 41E, each Council consists of the members set out for the Council in this schedule.
(2)  All Council members are appointed by the Minister.
3   Nomination for appointment as member
(1)  The Minister must give a nominating body written notice specifying the time and way in which the nominating body may make a nomination.
(2)  The Minister may accept or reject a nominating body’s nomination.
(3)  If the Minister rejects the nominating body’s proposed nomination, the nominating body may provide an alternative nomination within 3 months after the rejection.
(4)  Despite another provision of this schedule, the Minister may choose a person to appoint as a Council member if a nominating body fails to make a nomination—
(a)  within 6 months after receiving the Minister’s initial written notice, or
(b)  if the Minister has rejected a nominating body’s proposed nomination—within 3 months after the rejection.
Part 2 Aboriginal and Torres Strait Islander Health Practice, Chinese Medicine, Chiropractic, Medical Radiation Practice, Occupational Therapy, Optometry, Osteopathy, Physiotherapy and Podiatry Councils
4   Membership of certain Councils
(1)  This section applies in relation to each of the following Councils—
(a)  the Aboriginal and Torres Strait Islander Health Practice Council of New South Wales,
(b)  the Chinese Medicine Council of New South Wales,
(c)  the Chiropractic Council of New South Wales,
(d)  the Medical Radiation Practice Council of New South Wales,
(e)  the Occupational Therapy Council of New South Wales,
(f)  the Optometry Council of New South Wales,
(g)  the Osteopathy Council of New South Wales,
(h)  the Physiotherapy Council of New South Wales,
(i)  the Podiatry Council of New South Wales.
(2)  Each Council to which this section applies consists of 6 members, being—
(a)  4 local practitioners, and
(b)  2 community members.
Part 3 Dental Council of New South Wales
5   Definitions
In this part—
dental hygienist means a local practitioner whose name is included in the dental hygienists division of the Register.
dental prosthetist means a local practitioner whose name is included in the dental prosthetists division of the Register.
dental therapist means a local practitioner whose name is included in the dental therapists division of the Register.
dentist means a local practitioner whose name is included in the dentists division of the Register.
oral health therapist means a local practitioner whose name is included in the oral health therapists division of the Register.
Register means the Register of Dental Practitioners kept under the Law.
6   Membership of Dental Council
The Dental Council of New South Wales consists of 12 members, being—
(a)  6 dentists, and
(b)  1 dental prosthetist, and
(c)  1 oral health therapist, and
(d)  1 dental hygienist or dental therapist, and
(e)  3 community members.
Part 4 Medical Council of New South Wales
7   Membership of Medical Council
The Medical Council of New South Wales consists of 18 members, being—
(a)  2 local practitioners nominated by the Australian Medical Association, and
(b)  8 local practitioners, of whom 1 must be nominated by each of the following nominating bodies—
(i)  the Royal Australasian College of Physicians, New South Wales State Committee,
(ii)  the Royal Australian and New Zealand College of Obstetricians and Gynaecologists, New South Wales Regional Committee,
(iii)  the Royal Australasian College of Surgeons, New South Wales State Committee,
(iv)  the Royal Australian College of General Practitioners, New South Wales and Australian Capital Territory Faculty,
(v)  the Royal Australasian College of Medical Administrators, New South Wales State Committee,
(vi)  the Royal Australian and New Zealand College of Psychiatrists, New South Wales Branch,
(vii)  the Australasian College for Emergency Medicine,
(viii)  the Australian and New Zealand College of Anaesthetists, and
(c)  1 local practitioner who is a member of one of the following bodies—
(i)  the Australasian College of Dermatologists,
(ii)  the Australian College of Rural and Remote Medicine,
(iii)  the Royal Australian and New Zealand College of Ophthalmologists,
(iv)  the Royal Australian and New Zealand College of Radiologists,
(v)  the Royal College of Pathologists of Australasia, and
(d)  7 other members, including at least 6 community members.
Part 5 Nursing and Midwifery Council of New South Wales
8   Definitions
In this part—
endorsed midwife means a midwife who, under the Law, section 94, is endorsed as being qualified to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines.
enrolled nurse means a local practitioner whose name is included in the enrolled nurses (Division 2) division of the Register of Nurses.
midwife means a local practitioner whose name is included in the Register of Midwives.
nurse practitioner means a registered nurse who, under the Law, section 95, is endorsed to practise as a nurse practitioner.
Register of Midwives means the Register of Midwives kept under the Law.
Register of Nurses means the Register of Nurses kept under the Law.
registered nurse means a local practitioner whose name is included in the registered nurses (Division 1) division of the Register of Nurses.
9   Membership of Nursing and Midwifery Council
The Nursing and Midwifery Council of New South Wales consists of 15 members, being the following—
(a)  3 registered nurses,
(b)  1 registered nurse who practises nursing in the area of mental health,
(c)  1 midwife,
(d)  2 enrolled nurses,
(e)  1 midwife or registered nurse nominated by the New South Wales Nurses and Midwives’ Association,
(f)  1 midwife or registered nurse nominated by the Australian College of Nursing,
(g)  1 nurse practitioner,
(h)  1 endorsed midwife,
(i)  4 community members.
Part 6 Paramedicine Council of New South Wales
10   Membership of Paramedicine Council
The Paramedicine Council of New South Wales consists of 8 members, being—
(a)  5 local practitioners, and
(b)  3 community members.
Part 7 Pharmacy Council of New South Wales
11   Membership of Pharmacy Council
(1)  The Pharmacy Council of New South Wales consists of 10 members, being the following—
(a)  3 local practitioners, including at least—
(i)  1 hospital pharmacist, and
(ii)  1 pharmacist who practises in a retail pharmacy,
(b)  3 local practitioners selected from a panel of local practitioners nominated by the following—
(i)  the Pharmacy Guild of Australia (NSW Branch),
(ii)  the Pharmaceutical Society of Australia (NSW Office),
(iii)  other bodies determined by the Minister,
(c)  1 local practitioner nominated by the Pharmacy Guild of Australia (NSW Branch),
(d)  3 community members.
(2)  In this section—
hospital pharmacist means a pharmacist who has expertise working at a hospital pharmacy.
Part 8 Psychology Council of New South Wales
12   Membership of Psychology Council
The Psychology Council of New South Wales consists of 10 members, being the following—
(a)  4 local practitioners,
(b)  3 local practitioners selected from a panel of local practitioners nominated by the following—
(i)  the Australian Psychological Society Limited,
(ii)  the Australian Clinical Psychology Association,
(iii)  the Australian Association of Psychologists Inc,
(iv)  other bodies determined by the Minister,
(c)  3 community members.
Part 9 Savings and transitional provisions
13   Definition
In this part—
2016 Regulation means the Health Practitioner Regulation (New South Wales) Regulation 2016.
14   Aboriginal and Torres Strait Islander Health Practice Council
(1)  The 2016 Regulation, Schedule 1, clause 2(3) continues to apply to the Aboriginal and Torres Strait Islander Health Practice Council of New South Wales until 28 February 2026.
(2)  On and from 1 March 2026, the member of the Council appointed under the 2016 Regulation, Schedule 1, clause 2(3)(b) is taken to be a member of the Council appointed under this schedule, section 4(2)(b) for the remainder of the member’s term of office.
15   Chinese Medicine, Medical Radiation Practice and Occupational Therapy Councils
(1)  On and from 1 September 2025, a member of a relevant Council appointed under the 2016 Regulation, Schedule 1, clause 2(2)(b) is taken to be a member of the Council appointed under this schedule, section 4(2)(b) for the remainder of the member’s term of office.
(2)  In this section—
relevant Council means the following—
(a)  the Chinese Medicine Council of New South Wales,
(b)  the Medical Radiation Practice Council of New South Wales,
(c)  the Occupational Therapy Council of New South Wales.
16   Chiropractic, Optometry, Osteopathy and Podiatry Councils
(1)  The 2016 Regulation, Schedule 1, Part 9 continues to apply to a relevant Council until 28 February 2026.
(2)  On and from 1 March 2026, a member of a relevant Council appointed under the 2016 Regulation, Schedule 1, clause 13(2)(b) is taken to be a member of the Council appointed under this schedule, section 4(2)(b) for the remainder of the member’s term of office.
(3)  In this section—
relevant Council means the following—
(a)  the Chiropractic Council of New South Wales,
(b)  the Optometry Council of New South Wales,
(c)  the Osteopathy Council of New South Wales,
(d)  the Podiatry Council of New South Wales.
17   Dental Council
(1)  The 2016 Regulation, Schedule 1, Part 3 continues to apply to the Dental Council of New South Wales until 30 June 2027.
(2)  On and from 1 July 2027, the member of the Council appointed under the 2016 Regulation, Schedule 1, clause 4(2)(f) is taken to be a member of the Council appointed under this schedule, section 6(e) for the remainder of the member’s term of office.
18   Medical Council
On and from 1 September 2025, a member of the Medical Council of New South Wales appointed under the 2016 Regulation, Schedule 1, clause 5(2)(a) or (d) is taken to be a member of the Council appointed under this schedule, section 7(d) for the remainder of the member’s term of office.
19   Nursing and Midwifery Council
(1)  The 2016 Regulation, Schedule 1, Part 5 continues to apply to the Nursing and Midwifery Council of New South Wales until 30 June 2027.
(2)  On and from 1 July 2027, the member of the Council appointed under the 2016 Regulation, Schedule 1, clause 8(2)(h) is taken to be a member of the Council appointed under this schedule, section 9(i) for the remainder of the member’s term of office.
20   Paramedicine Council
(1)  The 2016 Regulation, Schedule 1, Part 10 continues to apply to the Paramedicine Council of New South Wales until 28 February 2026.
(2)  On and from 1 March 2026, the member of the Council appointed under the 2016 Regulation, Schedule 1, clause 14(2)(c) is taken to be a member of the Council appointed under this schedule, section 10(b) for the remainder of the member’s term of office.
21   Pharmacy Council
(1)  The 2016 Regulation, Schedule 1, Part 6 continues to apply to the Pharmacy Council of New South Wales until 31 March 2028.
(2)  On and from 1 April 2028, the member of the Council appointed under the 2016 Regulation, Schedule 1, clause 9(2)(d) is taken to be a member of the Council appointed under this schedule, section 11(1)(d) for the remainder of the member’s term of office.
22   Physiotherapy Council
The 2016 Regulation, Schedule 1, Part 7 continues to apply to the Physiotherapy Council of New South Wales until 30 June 2027.
23   Psychology Council
(1)  The 2016 Regulation, Schedule 1, Part 8 continues to apply to the Psychology Council of New South Wales until 28 February 2026.
(2)  On and from 1 March 2026, a member of the Council appointed under the 2016 Regulation, Schedule 1, clause 11(2)(a) is taken to be a member of the Council appointed under this schedule, section 12(b) for the remainder of the member’s term of office.
(3)  On and from 1 March 2026, the member of the Council appointed under the 2016 Regulation, Schedule 1, clause 11(2)(b) is taken to be a member of the Council appointed under this schedule, section 12(a) for the remainder of the member’s term of office.
(4)  On and from 1 March 2026, the member of the Council appointed under the 2016 Regulation, Schedule 1, clause 11(2)(e) is taken to be a member of the Council appointed under this schedule, section 12(c) for the remainder of the member’s term of office.
Schedule 2 Infection control standards
section 4
Note—
The infection control standards set out in this schedule apply to all relevant health practitioners. However, certain infection control standards refer to activities or procedures that are only to be undertaken by health practitioners registered in a particular health profession and therefore do not apply to relevant health practitioners who do not practise in that health profession.
Part 1 Preliminary
1   Definitions
In this schedule—
AS 5369 means AS 5369:2023, Reprocessing of reusable medical devices and other devices in health and non-health related facilities.
body substance includes a human bodily secretion or substance other than blood.
invasive procedure means one or more of the following—
(a)  surgical entry into body tissue, cavities or organs,
(b)  surgical repair of injuries,
(c)  cardiac catheterisation and angiographic procedures,
(d)  vaginal or caesarean delivery or another obstetric procedure during which bleeding may occur,
(e)  the manipulation, cutting or removal of oral or peri-oral tissue, including tooth structure, during which bleeding may occur,
(f)  another procedure during which a patient’s skin is penetrated, cut or otherwise rendered non-intact,
(g)  another treatment of a wound.
sharps means an object capable of inflicting penetrating injury, including hollow bore needles, suture needles, scalpel blades, wires, trocars, auto lancets, stitch cutters and broken glassware.
2   Application of schedule to relevant health practitioners
The requirements set out in this schedule apply to a relevant health practitioner who is assisting in performing a procedure in the same way as they apply to a relevant health practitioner who is actually performing the procedure.
Part 2 General standards applying to relevant health practitioners
3   General precautions and aseptic techniques
(1)  Standard precautions must be taken to avoid direct exposure to a patient’s blood or body substances.
(2)  The requirement in subsection (1) applies regardless of whether there is a perceived risk of infection.
(3)  Aseptic techniques must be used while complying with the requirements of this schedule.
4   Hand and skin cleaning
(1)  A relevant health practitioner, other than a pharmacist, must clean the health practitioner’s hands—
(a)  immediately before and after direct patient care, and
(b)  immediately after handling blood or body substances, and
(c)  immediately before and after performing an invasive procedure, and
(d)  immediately before and after performing a procedure during which direct contact is anticipated or occurs with a patient’s blood or body substances, mucous membranes or non-intact skin.
(2)  A pharmacist must clean the pharmacist’s hands—
(a)  immediately before and after performing an invasive procedure, and
(b)  immediately before and after performing a procedure during which direct contact is anticipated or occurs with a patient’s blood or body substances, mucous membranes or non-intact skin, and
(c)  immediately after handling blood or body substances.
(3)  Subsections (1) and (2) do not apply in circumstances in which treatment must be performed urgently and cleaning facilities are not readily available.
(4)  Hands may be cleaned by—
(a)  using washing facilities involving water and a soap or antiseptic, or
(b)  using non-water cleansers or antiseptics.
Example— alcohol-based hand rub
(5)  Hands or other skin surfaces that are contaminated with a patient’s blood or body substances must be cleaned as soon as practicable.
(6)  The requirement to clean hands applies regardless of whether gloves are also required to be worn.
5   Protective gowns and aprons
A gown or apron made of impervious material must be worn during procedures if there is a likelihood of clothing being splashed or contaminated with blood or body substances.
6   Gloves
(1)  Gloves must be worn—
(a)  while handling blood or body substances, or
(b)  if there is a risk of contact with blood or body substances.
(2)  In particular, gloves must be worn—
(a)  during a procedure if direct contact is anticipated with a patient’s blood or body substances, mucous membranes or non-intact skin, and
(b)  while suctioning a patient, and
(c)  while handling items or surfaces that have come into contact with blood or body substances, and
(d)  while performing an invasive procedure, venipuncture or a finger or heel stick.
(3)  Sterile gloves must be worn if the procedure involves contact with tissue that would be sterile under normal circumstances.
(4)  Gloves must be discarded—
(a)  as soon as they are torn or punctured, and
(b)  after contact with each patient.
(5)  Subsection (4) does not affect the operation of subsections (1)–(3).
(6)  Gloves must be changed if separate procedures are being performed on the same patient and there is a likely risk of infection from one part of the body to another.
7   Masks and protective eye wear
(1)  A fluid-repellent mask and protective eye wear must be worn while performing procedures if there is a likelihood of splashing or splattering of blood or body substances.
(2)  A mask must be worn when in close contact with patients known or suspected by the relevant health practitioner to have an infectious disease if the disease is capable of being transmitted by the airborne or droplet route.
(3)  If the infectious disease referred to in subsection (2) is spread through airborne transmission, the mask must be a particulate mask capable of filtering to 0.3m.
(4)  Masks and protective eye wear must be worn and fitted in accordance with the instructions of the manufacturer.
(5)  A mask must be discarded once it has been worn and must not be used again.
(6)  Protective eye wear must be discarded once it has been worn and must not be used again unless it is reusable, in which case it must be cleaned in accordance with the manufacturer’s instructions.
8   Sharps
(1)  Sharps must not be passed by hand between a relevant health practitioner and another person.
(2)  The requirement in subsection (1) does not apply if, in a case involving an invasive procedure, the proper conduct of the procedure would be adversely affected.
(3)  A puncture-resistant tray must be used to transfer sharps.
(4)  A needle must not be removed from a disposable syringe for disposal, or be purposely broken or otherwise manipulated by hand, unless—
(a)  it is necessary to remove the needle for technical reasons, or
(b)  the relevant health practitioner is performing a procedure in which the needle must be bent.
(5)  A needle must not be bent after it is contaminated with blood or body substances.
(6)  If resheathing of a needle is required—
(a)  the needle must be properly recapped, and
(b)  the sheath must not be held in the fingers, and
(c)  a single-handed technique or forceps, or a suitable protective guard designed for the purpose, must be used.
(7)  Immediately after being used, sharps must—
(a)  if they are reusable—be placed in a puncture-resistant container exclusively kept and labelled for reusable sharps, or
(b)  if they are non-reusable—be disposed of in a puncture-resistant container.
9   Management of waste
(1)  Clinical waste must be properly packaged to protect against potential exposure to infectious agents and to facilitate the proper handling, storage and treatment or disposal of the waste.
Note—
The disposal of clinical waste is regulated by the Protection of the Environment Operations Act 1997 and the regulations under that Act.
(2)  Splashing or contamination of skin while disposing of blood or body substances must be avoided as far as practicable.
(3)  Nothing in this section limits another requirement under this part.
Part 3 Specific standards applying to relevant health practitioners
10   Sterile medications and solutions
(1)  A sterile needle and syringe must be used to withdraw any medication or solution from a vial, ampoule or similar container.
(2)  Needles and syringes must be discarded once used.
(3)  A medication or solution may be taken from a multi-dose vial, multi-dose ampoule or similar container only if the medication or solution is not reasonably available in another form.
(4)  Precautions must be taken to ensure that contaminated material or fluid is not injected into a multi-dose vial, multi-dose ampoule or similar container.
11   Anaesthetic apparatus
(1)  An anaesthetic apparatus that comes into contact with a patient or is contaminated with blood or body substances must be discarded, or cleaned and disinfected, after each patient.
(2)  If the anaesthetic apparatus is a breathing circuit that uses a filter—
(a)  the filter must be discarded after each patient, and
(b)  the part of the breathing circuit between the patient and the filter must be discarded, or cleaned and disinfected, after each patient, and
(c)  if a carbon dioxide absorber is also used—the part of the breathing circuit between the carbon dioxide absorber and the filter must be discarded, or cleaned and disinfected, at the end of each procedure list or operation list, as applicable, and
(d)  if a carbon dioxide absorber is not used—the breathing circuit tubing that conducts the gas to and from the filter must be discarded, or cleaned and disinfected, at the end of each procedure list or operation list, as applicable.
12   Single-use equipment
Equipment designed for single use must be discarded after use.
13   Reusable equipment
Reusable equipment must be cleaned and appropriately disinfected or sterilised after each use.
14   Invasive procedures
(1)  During an invasive procedure—
(a)  retractors must be used for exposure and access, if it is technically feasible to do so, and
(b)  fingers must be placed in a position that minimises the risk of injury from sharps, and
(c)  only one sharp at a time must be placed in each puncture-resistant tray being used as part of the procedure.
(2)  When carrying out suturing, forceps or a needle holder must be used to—
(a)  pick up the suture needle, and
(b)  draw the suture needle through tissue.
Part 4 Processing of instruments and equipment
15   Cleaning of instruments and equipment
(1)  An instrument or equipment that comes into contact with intact skin must be cleaned before it is used.
(2)  An instrument or equipment that is required under this part to be disinfected or sterilised must be cleaned before it is disinfected or sterilised.
(3)  The process of cleaning—
(a)  must involve—
(i)  water, and
(ii)  mechanical or physical action, such as using an ultrasonic cleaner, washer disinfector or other specialised washing machine, and
(iii)  a cleaning agent, which must be removed from instruments and equipment by rinsing, and
(b)  must be consistent with AS 5369.
(4)  In this section—
cleaning agent means a detergent and includes proteolytic enzyme substances.
16   Disinfection of instruments and equipment
(1)  An instrument or equipment that comes into contact with non-sterile tissue, other than intact skin, must, before it is used, be disinfected with a disinfectant specified in the Australian Register of Therapeutic Goods kept under the Therapeutic Goods Act 1989 of the Commonwealth, and the relevant manufacturer’s instructions must be followed.
(2)  The process of disinfection—
(a)  must involve thermal methods or, if thermal methods are unsuitable, chemical methods, and
(b)  must be consistent with AS 5369.
17   Sterilisation of instruments and equipment
(1)  An instrument or equipment must be sterilised before use if the instrument or equipment is used to enter, or is capable of entering, the following—
(a)  tissue that would be sterile under normal circumstances,
(b)  the vascular system of a patient.
(2)  The method of sterilisation must be—
(a)  compatible with the particular type of instrument or equipment, and
(b)  consistent with AS 5369.
(3)  If a steriliser is used—
(a)  the relevant manufacturer’s instructions must be followed, and
(b)  reprocessing must be in accordance with AS 5369.
(4)  In this section—
steriliser includes the following—
(a)  a benchtop or portable steriliser,
(b)  a permanently plumbed or wired steriliser.
Schedule 3 Records kept by medical practitioners and medical corporations in relation to patients
sections 5(1) and 6(5)
1   Information to be included in record
(1)  A record must contain sufficient information to identify the patient to whom it relates.
(2)  A record must include the following—
(a)  all information known to the treating practitioner that is relevant to the patient’s diagnosis or treatment, including the following—
(i)  the patient’s medical history,
(ii)  the results of a physical examination of the patient,
(iii)  information about the patient’s mental state,
(iv)  the results of tests performed on the patient,
(v)  information about allergies,
(vi)  other factors that may require special consideration when treating the patient,
(b)  particulars of a clinical opinion reached by the treating practitioner,
(c)  the plan of treatment for the patient,
(d)  particulars of medication prescribed for the patient,
(e)  notes about the information or advice given to the patient in relation to medical treatment or other medical services proposed by the treating practitioner.
(3)  A record must include the following particulars of medical treatment or other medical services given to or performed on the patient by the treating practitioner—
(a)  the date of the treatment or service,
(b)  the nature of the treatment or service,
(c)  the name of the persons who gave or performed the treatment or service,
(d)  the type of anaesthetic given to the patient,
(e)  the tissues sent to pathology,
(f)  the results or findings made in relation to the treatment or service.
(4)  A written consent given by a patient to a medical treatment or other medical service proposed by the treating practitioner must be kept as part of the record relating to the patient.
(5)  In this section—
treating practitioner means the medical practitioner who provides the medical treatment or other medical service to the patient.
2   Record of partners of patients being treated for chlamydia
(1)  A reference in this schedule and this regulation, section 5(1) to a patient includes a reference to a partner of the patient if—
(a)  the patient is being treated for chlamydia, and
(b)  the patient’s treatment includes the patient and the partner being prescribed or supplied azithromycin.
(2)  For subsection (1), the following information is sufficient to identify the partner—
(a)  the partner’s name, and
(b)  the partner’s email address or mobile phone number.
(3)  In this section—
partner, of a patient, means the following—
(a)  the patient’s spouse,
(b)  the patient’s de facto partner,
(c)  a person with whom the patient is or was in a sexual relationship.
3   General requirements as to content
(1)  In general, the level of detail contained in a record must be appropriate to the patient’s case and the medical practice.
(2)  A record must include sufficient information about the patient’s case to allow another medical practitioner to continue management of the patient’s case.
(3)  All entries in the record must be accurate statements of fact or statements of clinical judgement.
4   Form of records
(1)  An abbreviation or shorthand expression may be used in a record only if the abbreviation or expression is generally understood—
(a)  in the medical profession in the context of the patient’s case, or
(b)  in the broader medical community.
(2)  Each entry in a record must be dated and clearly identify the person who made the entry.
(3)  A record may be made and kept in the form of a computer database or other electronic form only if it is capable of being printed on paper.
5   Alteration and correction of records
A medical practitioner or medical corporation must not alter a record, or arrange for or permit another person to alter a record, in a way that obliterates, obscures or renders illegible information already contained in the record.
6   Delegation
If a patient is provided with a medical treatment or other medical service by a medical practitioner in a hospital, the function of making and keeping a record of the treatment or service may be delegated to another person, but only if—
(a)  the record is made and kept in accordance with the rules and protocols of the hospital, and
(b)  the medical practitioner ensures the record is made and kept in accordance with this schedule.
Schedule 4 Equipment and publications required for pharmacy premises
section 11(1)(e)(i) and (f)
1   Equipment
a refrigerator, manufactured either exclusively or principally for the purpose of storing vaccines
a dispensing balance or electronic scale
a heavy-duty scale capable of weighing up to 1kg and a set of metric weights compatible for use with the scale, or an electronic scale capable of weighing up to 1kg in increments of no more than 50mg
a 200mL dispensing measure
a 100mL dispensing measure
a 10mL dispensing measure
a 5mL dispensing measure
a funnel
2 mortars and pestles, including at least 1 mortar and pestle made of glass
a stirring rod
2 spatulas
an ointment slab
a tablet counting tray
2   Publications
the Poisons and Therapeutic Goods Act 1966 and the regulations under that Act
the Poisons List proclaimed under the Poisons and Therapeutic Goods Act 1966, section 8, or the latest edition, and all published amendments or supplements to that edition, of the Guide to NSW Medicines & Poisons Schedules published by the Pharmacy Guild of Australia (NSW Branch)
the Law and this regulation
the Australian Medicines Handbook published by AMH Pty Ltd
the Therapeutic Guidelines published by Therapeutic Guidelines Ltd
a reputable source of current Australian therapeutic product and consumer medicine information such as the following—
(a)  AusDI, published by Health Communication Network Pty Limited,
(b)  MIMS, published by MIMS Australia Pty Ltd
Schedule 5 Publications required for medication storage and preparation rooms
section 12(1)(e)
the Poisons and Therapeutic Goods Act 1966 and the regulations under that Act
the Poisons List proclaimed under the Poisons and Therapeutic Goods Act 1966, section 8, or the latest edition, and all published amendments or supplements to that edition, of the Guide to NSW Medicines & Poisons Schedules published by the Pharmacy Guild of Australia (NSW Branch)
the Law and this regulation
the Australian Medicines Handbook published by AMH Pty Ltd
the Therapeutic Guidelines published by Therapeutic Guidelines Ltd
a reputable source of current Australian therapeutic product and consumer medicine information such as the following—
(a)  AusDI, published by Health Communication Network Pty Limited,
(b)  MIMS, published by MIMS Australia Pty Ltd
Note—
The Law, Schedule 7, clause 6 provides that a reference to an Act or instrument extends to the Act or instrument as in force for the time being. The Interpretation Act 1987, section 69 makes provision for how a reference to a publication that is not an Act or instrument must be construed.