Part 1 Preliminary
1 Name of Regulation
This Regulation is the Public Health (General) Regulation 2002.
2 Commencement
This Regulation commences on 1 September 2002.Note—This Regulation replaces Parts 2, 2A and 7 of the Public Health Regulation 1991 which is repealed on 1 September 2002 under section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions
(1) In this Regulation:Department means the Department of Health.the Act means the Public Health Act 1991.(2) A reference in this Regulation to a publication is a reference to the publication as in force for the time being.
4 Notes
Notes in the text of this Regulation do not form part of this Regulation.
Part 2 Sexually transmissible medical conditions
5 Information to patients
For the purposes of section 12 (1) of the Act, a medical practitioner is required in relation to a sexually transmissible medical condition to provide information to the patient on such of the following matters as are relevant in a particular case:(a) means of minimising the risk of infecting other people,(b) public health implications of the condition,(c) any responsibilities under section 11 of the Act, including any precautions considered reasonable,(d) responsibilities under section 13 of the Act,(e) diagnosis and prognosis,(f) treatment options.
Part 3 Scheduled medical conditions
6 Records of scheduled medical conditions
For the purposes of section 14 (2) (a) of the Act, the following particulars are required to be recorded in relation to the scheduled medical condition indicated:(a) in relation to birth—the particulars required for the completion of the “NSW Perinatal Data Collection Form” published by the Department,(b) in relation to perinatal death—the particulars in Schedule 1,(c) in relation to sudden infant death syndrome—the particulars in Schedule 2,(d) in relation to all Category 2 medical conditions (including AIDS)—the particulars required for the completion of the “Doctor/Hospital Notification Form” published by the Department,(e) in relation to AIDS—the particulars required for the completion of the “AIDS Notification Form” published by the Department,(f) in relation to a congenital malformation, cystic fibrosis, hypothyroidism, thalassaemia major or phenylketonuria in a child under the age of 1 year or pregnancy with a child having a congenital malformation, cystic fibrosis, hypothyroidism, thalassaemia major or phenylketonuria—the particulars required for the completion of the form entitled “Notification of a scheduled congenital condition diagnosed in an infant” or “Notification of a scheduled congenital condition diagnosed by prenatal diagnosis”, as applicable, both published by the Department,(g) in relation to death while under, or as a result of, or within 24 hours after the administration of, an anaesthetic administered in the course of a medical, surgical or dental operation or procedure or an operation or procedure of a like nature (other than a local anaesthetic administered solely for the purpose of facilitating a procedure for resuscitation from apparent or impending death)—the particulars required for the completion of the “Report of Death Associated with Anaesthesia/Sedation” published by the Clinical Excellence Commission.cl 6: Am 2009 (514), cl 3; 2009 (568), Sch 2; 2010 (578), cl 3.
7 Period for keeping of records
For the purposes of section 14 (2) (b) of the Act, the prescribed period is, where the person about whom the particulars have been recorded:(a) was 18 years of age or over—10 years, or(b) was less than 18 years of age—10 years starting on the person’s eighteenth birthday, or(c) was still-born—10 years starting on the date of birth, or(d) died before turning 18—10 years starting on the date of the person’s death.
8 Notification of test results—prescribed tests
For the purposes of section 16 (1) (a) of the Act, any diagnostic test on the following substances, or any constituent of the following substances, is a prescribed test:(a) human blood,(b) human cells,(c) human tissue,(d) other bodily substances.
9 Notification of test results—time limit for providing information
For the purposes of section 16 (4) of the Act, the prescribed period is 72 hours from the time when the person requested to carry out the test has asked the medical practitioner concerned to provide the relevant information.
10 Protection of identity—exceptions
(1) For the purposes of section 17 (1) (b) of the Act, the prescribed exception exists when the patient:(a) is receiving hospital services or other health services provided by a public hospital, or(b) is a patient within the meaning of the Private Health Facilities Act 2007, or(c) consents to the disclosure of his or her name and address in the communication.(2) For the purposes of section 17 (3) (e) of the Act, information may be disclosed by a person to the Director-General if the person has reasonable grounds to believe that failure to provide the information could place the health of the public at risk.cl 10: Am 2007 No 9, Sch 5.33.
11 Notification of death from scheduled medical condition
For the purposes of section 20 (c) of the Act, the prescribed additional particulars are:(a) the date of birth and the sex of the deceased, and(b) the date, place and cause of death, and(c) the address of the person who certified the cause of death.
12 Advice to Category 2 or 3 patients
The Director-General, or a registered medical practitioner authorised under this clause by the Director-General, may notify a person suffering from a Category 2 or 3 medical condition of measures to be taken, and activities to be avoided, in order to minimise the danger of passing the medical condition to another person.
13 Advice to Category 2, 3 or 4 contacts
The Director-General may notify a person who the Director-General believes may have been in contact with a person suffering from a Category 2, 3 or 4 medical condition of measures to be taken, and activities to be avoided, in order to minimise the danger of the first person contracting the condition or passing it to a third person.
Part 4 Control of vaccine preventable diseases
14 Classes of children to which Part 3A of the Act applies
For the purposes of Part 3A of the Act, the following classes of children are prescribed:(a) children who enrol, or have enrolled, for attendance at a kindergarten class in a school after 1 January 1994,(b) children who enrol, or have enrolled, for attendance at a child care facility after that date.
15 Additional child care facilities for the purposes of Part 3A of the Act
For the purposes of Part 3A of the Act, the following are declared to be child care facilities:(a) a playgroup affiliated to the Playgroup Association of N.S.W. Incorporated,(b) a child care service for pre-school children to which Division 1 of Part 3 of the Children (Care and Protection) Act 1987 would apply but for the fact that the service is provided at the premises of a government school or non-government school.
16 Period for which immunisation certificates and register entries are to be retained
(1) For the purposes of section 42B (5) of the Act, the period for which a principal of a school must retain an immunisation certificate is 2 years from the date on which the child concerned has ceased to attend the school, unless the principal is earlier required to forward the certificate under section 42B (2) of the Act.(2) For the purposes of section 42C (5) of the Act, the period for which a director of a child care facility must retain an entry in the register to be kept by the director is 2 years from the date on which the child concerned has ceased to attend the facility.
17 Responsibilities of directors of child care centres with respect to immunisation
(1) For the purposes of section 42C (1) of the Act, a subsequent occasion is whenever the child concerned reaches the age, designated by the Director-General for a specified vaccine preventable disease, at which it is appropriate for a child to be immunised or further immunised against that disease.(2) On designating a subsequent occasion for the purposes of section 42C (1) of the Act, the Director-General must notify the designation to the directors of all child care facilities likely to be affected by it. The notification may be by such means as the Director-General considers appropriate.
Part 5 Miscellaneous
18 Public authorities to notify public health risks
If a public authority considers, on reasonable grounds, that a situation has arisen in which the health of the public is, or is likely to be, at risk, the public authority is to notify the Medical Officer of Health of the district in which the area for which the public authority is responsible is located.
19 Particulars of notifiable diseases
For the purposes of section 69 of the Act, a chief executive officer of a hospital is to provide the Director-General:(a) concerning persons suffering from cancer—with the particulars required for the completion of the “Cancer Notification Form” published by the New South Wales State Cancer Council, or(b) concerning children under the age of 1 year who have a congenital malformation, cystic fibrosis, hypothyroidism, thalassaemia major or phenylketonuria or persons who are or were pregnant with a child having a congenital malformation, cystic fibrosis, hypothyroidism, thalassaemia major or phenylketonuria—with the particulars required for the completion of the form entitled “Notification of a scheduled congenital condition diagnosed in an infant” or “Notification of a scheduled congenital condition diagnosed by prenatal diagnosis”, as applicable, both published by the Department, or(c) concerning persons who have any other notifiable disease—with the particulars required for the completion of the “Doctor/Hospital Notification Form” published by the Department.cl 19: Am 2009 (514), cl 3.
20 Disclosure of information—lawful excuse
For the purposes of section 75 (2) (e) of the Act, circumstances in which it is a lawful excuse to disclose information include circumstances where the Chief Health Officer, Department of Health, or any person authorised by the Chief Health Officer, has approved (with or without conditions) the disclosure to a specified person or class of persons of information consisting of epidemiological data of a specified kind and the disclosure is in accordance with that approval.cl 20: Am 2009 (513), cl 3.
20A (Repealed)
cl 20A: Ins 29.11.2002. Rep 2010 No 34, Sch 2.44 [1].
20B Minimum qualifications for director of nursing at nursing home
For the purposes of section 52 (2) of the Act, the prescribed minimum necessary qualifications for a registered nurse to be appointed as a director of nursing at a nursing home are:(a) 5 years post-basic or post-graduate nursing experience, and(b) 2 years full-time administrative experience in a position of, or more senior than that of, nursing unit manager in a hospital or nursing home.cl 20B: Ins 17.12.2004.
20C (Repealed)
cl 20C: Ins 2007 (60), cl 2. Rep 2010 No 34, Sch 2.44 [1].
21 Vermin
An occupier of premises must take reasonable measures to keep the premises free from fleas, other disease-carrying insects, rats and mice (except any such animals kept as pets).Maximum penalty: 20 penalty units.
22 Sleeping rooms
(1) The occupier of premises must not allow any room or cubicle within the premises to be used for the purposes of sleeping accommodation unless:(a) the room or cubicle has a floor area of 5.5 square metres or more for each person sleeping in it (in the case of long-term sleeping accommodation) or 2 square metres or more for each person sleeping in it (in any other case), or(b) the room or cubicle has been exempted by the Minister under subclause (2) and complies with any conditions attached to the exemption, or(c) the premises are private domestic premises.Maximum penalty: 5 penalty units.(2) The Minister may, by order in writing, exempt an occupier in relation to any room or cubicle from the requirements of subclause (1), either conditionally or unconditionally, if satisfied that the exemption will not result in any adverse effect on the health of persons sleeping in the room or cubicle.(3) In this clause, a reference to long-term sleeping accommodation is a reference to accommodation that is in fact provided to the same person or persons for a period of more than 28 consecutive days, or that is the subject of an agreement for its provision to the same person or persons for a period of more than 28 consecutive days.
23 Anthrax
A person must not sell, offer for sale, consign, transmit, deliver for sale, use in any manufacturing process, or receive for the purposes of business any hide, portion of a hide, hair or wool of any animal which is suffering, or which has died, from anthrax.Maximum penalty: 20 penalty units.
24 Approvals by Director-General
(1) An application for an approval by the Director-General under this Regulation is to be accompanied by such information relevant to the application as is required by the Director-General.(2) An approval given by the Director-General for the purposes of this Regulation:(a) may be given subject to conditions specified in the instrument giving the approval, and(b) does not operate, or ceases to operate, if there is a failure to comply with any such conditions.
25 Guidelines and codes
(1) A copy of any guideline, or code of practice, published by the Department and referred to in this Regulation is to be made available by the Department (on the payment of such reasonable charge (if any) as the Director-General determines) to any member of the public who requests it.(2) Subclause (1) does not apply to the code of conduct set out in Schedule 3.cl 25: Am 2008 (250), Sch 1 [1].
25A Code of conduct for certain health practitioners
The code of conduct set out in Schedule 3 is prescribed under section 10AM of the Act as a code of conduct for the provision of health services by:(a) health practitioners who are not required to be registered under the Health Practitioner Regulation National Law (including de-registered health practitioners), and(b) health practitioners who are registered under the Health Practitioner Regulation National Law who provide health services that are unrelated to their registration.cl 25A: Ins 2008 (250), Sch 1 [2]. Am 2010 No 34, Sch 2.44 [2].
25B Notice to be given by health practitioners who are de-registered or subject to prohibition orders
(1) For the purposes of section 10AK (2) of the Act, the notification to be given by a de-registered health practitioner to a person to whom the health practitioner intends to provide a health service or, if that person is under 16 years of age or under guardianship, to a parent or guardian of that person, is a notice in writing that sets out the following:(a) the type of registration the health practitioner held prior to becoming a de-registered health practitioner,(b) the date the health practitioner became a de-registered health practitioner,(c) the reason the health practitioner became a de-registered health practitioner,(d) the period for which the health practitioner will be a de-registered health practitioner.(2) For the purposes of section 10AK (2) of the Act, the notification to be given by a de-registered health practitioner to the health practitioner’s employer is a copy of the relevant decision and orders relating to the de-registration of the health practitioner.(3) For the purposes of section 10AK (3) of the Act, the notification to be given by a health practitioner who is subject to a prohibition order to a person to whom the health practitioner intends to provide a health service or, if that person is under 16 years of age or under guardianship, to a parent or guardian of that person, is a notice in writing that sets out the following:(a) the type of health service or services the practitioner was providing prior to becoming subject to the prohibition order,(b) the date of the prohibition order,(c) any health service the health practitioner has been prohibited from practising under the prohibition order,(d) the reason the health practitioner is subject to the prohibition order,(e) the period for which the health practitioner is subject to the prohibition order.(4) For the purposes of section 10AK (3) of the Act, the notification to be given by a health practitioner who is subject to a prohibition order to the health practitioner’s employer is a copy of the relevant decision and orders relating to the prohibition order.cl 25B: Ins 2009 (85), Sch 1.
26 Savings
Anything done or omitted under Part 2, 2A or 7 of the Public Health Regulation 1991 is taken to have been done or omitted under this Regulation.
Schedule 1 Perinatal deaths: particulars
(Clause 6 (b))
1 Particulars
(1) Full name of mother of deceased infant.(2) Usual residential address of mother at time of birth of deceased infant.(3) Date of birth of mother.(4) Date of first day of mother’s last menstrual period (if known) and estimated gestational age of deceased infant at time of birth.(5) Date of birth of infant.(6) Vital status at time of birth: liveborn or stillborn.(7) Date of death (if liveborn).(8) Name of hospital of birth, or address of place of birth (if not a hospital).(9) For liveborn infant, name of hospital where death occurred, or address of place of death (if not a hospital).(10) Sex of infant.(11) Plurality: single or multiple birth.(12) If multiple birth: total number of infants at that birth.(13) If multiple birth: the number of the deceased infant in the birth order.(14) Birth weight in grams.(15) Cause of death, as recorded on Medical Certificate of Cause of Perinatal Death.
Schedule 2 Sudden infant death syndrome: particulars
(Clause 6 (c))
1 Particulars
(1) Full name of mother of deceased infant.(2) Usual residential address of mother at time of birth of infant.(3) Date of birth of mother.(4) Full name of infant.(5) Date of birth of infant.(6) Name of hospital of birth, or address of place of birth (if not a hospital).(7) Sex of infant.(8) Usual residential address of infant.(9) Address of place at which infant was found deceased or moribund.(10) Date of death of infant.
Schedule 3 Code of conduct
(Clause 25A)
1 Definitions
In this code of conduct:health practitioner and health service have the same meaning as in the Health Care Complaints Act 1993.Note—The Health Care Complaints Act 1993 defines those terms as follows:health practitioner means a natural person who provides a health service (whether or not the person is registered under the Health Practitioner Regulation National Law).health service includes the following services, whether provided as public or private services:(a) medical, hospital and nursing services,(b) dental services,(c) mental health services,(d) pharmaceutical services,(e) ambulance services,(f) community health services,(g) health education services,(h) welfare services necessary to implement any services referred to in paragraphs (a)–(g),(i) services provided by podiatrists, chiropractors, osteopaths, optometrists, physiotherapists, and psychologists,(j) services provided by optical dispensers, dietitians, masseurs, naturopaths, acupuncturists, occupational therapists, speech therapists, audiologists, audiometrists and radiographers,(k) services provided in other alternative health care fields,(l) forensic pathology services,(m) a service prescribed by the regulations as a health service for the purposes of the Health Care Complaints Act 1993.
2 Application of code of conduct
This code of conduct applies to the provision of health services by:(a) health practitioners who are not required to be registered under the Health Practitioner Regulation National Law (including de-registered health practitioners), and(b) health practitioners who are registered under the Health Practitioner Regulation National Law who provide health services that are unrelated to their registration.Note—Health practitioners may be subject to other requirements relating to the provision of health services to which this Code applies, including, for example, requirements imposed by Part 2A of the Act and the regulations under the Act relating to skin penetration procedures.
3 Health practitioners to provide services in safe and ethical manner
(1) A health practitioner must provide health services in a safe and ethical manner.(2) Without limiting subclause (1), health practitioners must comply with the following principles:(a) a health practitioner must maintain the necessary competence in his or her field of practice,(b) a health practitioner must not provide health care of a type that is outside his or her experience or training,(b1) a health practitioner must not provide services that he or she is not qualified to provide,(b2) a health practitioner must not use his or her possession of particular qualifications to mislead or deceive his or her clients as to his or her competence in his or her field of practice or ability to provide treatment,(c) a health practitioner must prescribe only treatments or appliances that serve the needs of the client,(d) a health practitioner must recognise the limitations of the treatment he or she can provide and refer clients to other competent health practitioners in appropriate circumstances,(e) a health practitioner must recommend to his or her clients that additional opinions and services be sought, where appropriate,(f) a health practitioner must assist his or her clients to find other appropriate health care professionals, if required and practicable,(g) a health practitioner must encourage his or her clients to inform their treating medical practitioner (if any) of the treatments they are receiving,(h) a health practitioner must have a sound understanding of any adverse interactions between the therapies and treatments he or she provides or prescribes and any other medications or treatments, whether prescribed or not, that the health practitioner is aware the client is taking or receiving,(i) a health practitioner must ensure that appropriate first aid is available to deal with any misadventure during a client consultation,(j) a health practitioner must obtain appropriate emergency assistance (for example, from the Ambulance Service) in the event of any serious misadventure during a client consultation.
4 Health practitioners diagnosed with infectious medical condition
(1) A health practitioner who has been diagnosed with a medical condition that can be passed on to clients must ensure that he or she practises in a manner that does not put clients at risk.(2) Without limiting subclause (1), a health practitioner who has been diagnosed with a medical condition that can be passed on to clients should take and follow advice from an appropriate medical practitioner on the steps to be taken to modify his or her practice to avoid the possibility of transmitting that condition to clients.
5 Health practitioners not to make claims to cure certain serious illnesses
(1) A health practitioner must not hold himself or herself out as qualified, able or willing to cure cancer and other terminal illnesses.(2) A health practitioner may make a claim as to his or her ability or willingness to treat or alleviate the symptoms of those illnesses if that claim can be substantiated.
6 Health practitioners to adopt standard precautions for infection control
(1) A health practitioner must adopt standard precautions for the control of infection in his or her practice.(2) Without limiting subclause (1), a health practitioner who carries out a skin penetration procedure within the meaning of section 51 (3) of the Act must comply with the relevant regulations under the Act in relation to the carrying out of the procedure.
7 Appropriate conduct in relation to treatment advice
(1) A health practitioner must not attempt to dissuade clients from seeking or continuing with treatment by a registered medical practitioner.(2) A health practitioner must accept the right of his or her clients to make informed choices in relation to their health care.(3) A health practitioner should communicate and co-operate with colleagues and other health care practitioners and agencies in the best interests of their clients.(4) A health practitioner who has serious concerns about the treatment provided to any of his or her clients by another health practitioner must refer the matter to the Health Care Complaints Commission.
8 Health practitioners not to practise under influence or alcohol or drugs
(1) A health practitioner must not practise under the influence of alcohol or unlawful drugs.(2) A health practitioner who is taking prescribed medication must obtain advice from the prescribing health practitioner on the impact of the medication on his or her ability to practice and must refrain from treating clients in circumstances where his or her ability is or may be impaired.
9 Health practitioners not to practise with certain physical or mental conditions
A health practitioner must not practise while suffering from a physical or mental impairment, disability, condition or disorder (including an addiction to alcohol or a drug, whether or not prescribed) that detrimentally affects, or is likely to detrimentally affect, his or her ability to practise or that places clients at risk of harm.
10 Health practitioners not to financially exploit clients
(1) A health practitioner must not accept financial inducements or gifts for referring clients to other health practitioners or to the suppliers of medications or therapeutic goods or devices.(2) A health practitioner must not offer financial inducements or gifts in return for client referrals from other health practitioners.(3) A health practitioner must not provide services and treatments to clients unless they are designed to maintain or improve the clients’ health or wellbeing.
11 Health practitioners required to have clinical basis for treatments
A health practitioner must not diagnose or treat an illness or condition without an adequate clinical basis.
12 Health practitioners not to misinform their clients
(1) A health practitioner must not engage in any form of misinformation or misrepresentation in relation to the products or services he or she provides or as to his or her qualifications, training or professional affiliations.(2) A health practitioner must provide truthful information as to his or her qualifications, training or professional affiliations if asked by a client.(3) A health practitioner must not make claims, either directly or in advertising or promotional material, about the efficacy of treatment or services provided if those claims cannot be substantiated.
13 Health practitioners not to engage in sexual or improper personal relationship with client
(1) A health practitioner must not engage in a sexual or other close personal relationship with a client.(2) Before engaging in a sexual or other close personal relationship with a former client, a health practitioner must ensure that a suitable period of time has elapsed since the conclusion of their therapeutic relationship.
14 Health practitioners to comply with relevant privacy laws
A health practitioner must comply with the relevant legislation of the State or the Commonwealth relating to his or her clients’ personal information.
15 Health practitioners to keep appropriate records
A health practitioner must maintain accurate, legible and contemporaneous clinical records for each client consultation.
16 Health practitioners to keep appropriate insurance
A health practitioner should ensure that appropriate indemnity insurance arrangements are in place in relation to his or her practice.
17 Certain health practitioners to display code and other information
(1) A health practitioner must display a copy of each of the following documents at all premises where the health practitioner carries on his or her practice:(a) this code of conduct,(b) a document that gives information about the way in which clients may make a complaint to the Health Care Complaints Commission, being a document in a form approved by the Director-General of the Department of Health.(2) Copies of those documents must be displayed in a position and manner that makes them easily visible to clients entering the relevant premises.(3) This clause does not apply to any of the following premises:(a) the premises of any body within the public health system (as defined in section 6 of the Health Services Act 1997),(b) private hospitals or day procedure centres (as defined in the Private Hospitals and Day Procedure Centres Act 1988),(c) premises of the Ambulance Service of NSW (as defined in the Health Services Act 1997),(d) premises of approved providers (within the meaning of the Aged Care Act 1997 of the Commonwealth).
18 Sale and supply of optical appliances
(1) A health practitioner must not sell or supply an optical appliance (other than cosmetic contact lenses) to a person unless he or she does so in accordance with a prescription from a person authorised to prescribe the optical appliance under section 122 of the Health Practitioner Regulation National Law.(2) A health practitioner must not sell or supply contact lenses to a person unless he or she:(a) was licensed under the Optical Dispensers Act 1963 immediately before its repeal, or(b) has a Certificate IV in optical dispensing or an equivalent qualification.(3) A health practitioner who sells or supplies contact lenses to a person must provide the person with written information about the care, handling and wearing of contact lenses, including advice about possible adverse reactions to wearing contact lenses.(4) This clause does not apply to the sale or supply of the following:(a) hand-held magnifiers,(b) corrective lenses designed for use only in diving masks or swimming goggles,(c) ready made spectacles that:(i) are designed to alleviate the effects of presbyopia only, and(ii) comprise 2 lenses of equal power, being a power of plus one dioptre or more but not exceeding plus 3.5 dioptres.(5) In this clause:cosmetic contact lenses means contact lenses that are not designed to correct, remedy or relieve any refractive abnormality or defect of sight.optical appliance has the same meaning as it has in section 122 of the Health Practitioner Regulation National Law.
sch 3: Ins 2008 (250), Sch 1 [3]. Am 2010 No 34, Sch 2.44 [2]–[5].