Health Services (Private Hospitals and Day Procedure Centres) (Interim) Regulations 2001
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Health Services (Private Hospitals and Day
Procedure Centres) (Interim) Regulations 2001
S.R. No. 170/2001
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objective 1
2. Authorising provision 1
3. Commencement 2
4. Revocation 2
5. Definitions 2
PART 2—PRESCRIBED HEALTH SERVICES 4
6. Private hospitals 4
7. Day procedure centres 4
PART 3—FORMS OF APPLICATION AND FEES 6
8. Application for approval in principle 6
9. Application for variation or transfer of certificate of approval
in principle 6
10. Application for registration 6
11. Application for renewal of registration 6
12. Application for variation of registration 6
13. Annual fee 7
PART 4—SENIOR APPOINTMENTS 8
14. Appointment of Director of Nursing 8
15. Acting Director of Nursing 8
16. Secretary to be notified of termination or vacancy 8
17. Chief Executive Officer, Medical Director and Complaints
Liaison Officer 9
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PART 5—ADMISSION OF PATIENTS 10
Division 1—Unit Record Number 10
18. Unit record number to be allocated 10
Division 2—Information to be Given to Patients 10
19. Information about fees and services 10
Division 3—Clinical records 10
20. Clinical record 10
21. Information to be included in clinical record 11
22. Retention of clinical record 12
Division 4—Identification of Patients 13
23. Means of identifying patients 13
24. Identification of infants 13
PART 6—CARE OF PATIENTS 15
Division 1—Rights of Patients 15
25. Respect, dignity and privacy 15
Division 2—Nursing and Professional Care 15
26. Nurses to be registered and competent 15
27. Number of nursing staff to be on duty in a private hospital 16
28. Number of nursing staff to be on duty in a day procedure centre 16
PART 7—TRANSFER AND DISCHARGE OF PATIENTS 18
29. Transfer of patients 18
30. Discharge of patients 18
PART 8—REGISTERS AND RECORDS 19
Division 1—Patient Register 19
31. Patient Admission and Discharge Register 19
Division 2—Staff Register and Records 19
32. Staff register 20
Division 3—Other Registers 20
33. Operation Theatre Register 20
34. Birth register 21
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PART 9—PREMISES AND EQUIPMENT 23
35. Identification of rooms 23
36. Communications 23
37. Prevention of scalding 24
38. Repair and cleanliness of premises 24
39. Suitability and cleanliness of facilities, equipment etc. 24
PART 10—INFECTION CONTROL 26
40. Infection Control Management Plans 26
PART 11—DISPLAY OF INFORMATION 27
41. Information to be prominently displayed 27
PART 12—STATISTICAL RETURNS 28
42. Information to be forwarded to the Secretary 28
PART 13—ENFORCEMENT 30
43. Form of notice of seizure 30
PART 14—TRANSITIONAL PROVISIONS 31
44. References to prescribed kinds of health services in certificates
of registration of private hospitals 31
45. References to prescribed kinds of health services in certificates
of registration of day procedure centres 32
46. Operation of Interpretation of Legislation Act 1984 not
affected 33
PART 15—EXPIRY OF REGULATIONS 34
47. Expiry of regulations 34
__________________
SCHEDULES 35
SCHEDULE 1—Regulations revoked 35
SCHEDULE 2—Application for approval in principle of a private
hospital or day procedure centre 36
SCHEDULE 3—Application for variation or transfer of certificate of
approval in principle of a private hospital or day
procedure centre 38
SCHEDULE 4—Application for the registration of a private hospital or
day procedure centre 40
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SCHEDULE 5—Application for the renewal of registration of a private
hospital or day procedure centre 42
SCHEDULE 6—Application for the variation of the registration of a
private hospital or day procedure centre 43
SCHEDULE 7—Notice of seizure of document or thing from a private
hospital or day procedure centre 45
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STATUTORY RULES 2001
S.R. No. 170/2001
Health Services Act 1988
Health Services (Private Hospitals and Day
Procedure Centres) (Interim) Regulations 2001
The Governor in Council makes the following Regulations:
Dated: 18 December 2001
Responsible Minister:
JOHN THWAITES
Minister for Health
HELEN DOYE
Clerk of the Executive Council
PART 1—PRELIMINARY
1. Objective
The objective of these Regulations is to—
(a) provide for the safety and quality of care of
patients receiving health services in private
hospitals and day procedure centres; and
(b) prescribe fees, forms and other matters
required to be prescribed under the Health
Services Act 1988 in relation to such health
service establishments.
2. Authorising provision
These Regulations are made under section 158 of
the Health Services Act 1988.
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3. Commencement
These Regulations come into operation on
27 January 2002.
4. Revocation
The Regulations listed in Schedule 1 are revoked.
5. Definitions
In these Regulations—
"Act" means the Health Services Act 1988;
"fertilisation procedure" means a treatment
procedure within the meaning of the
Infertility Treatment Act 1995;
"medical health services" means health services
provided to a patient by a registered medical
practitioner that—
(a) involve diagnosis and non-operative
treatment; and
(b) require nursing supervision or care;
"nurses register" means the register of nurses
kept under Part 2 of the Nurses Act 1993;
"speciality health services" means health
services that are ordinarily undertaken only
by, or under the supervision (whether direct
or indirect) of, a specialist registered medical
practitioner that require—
(a) the admission of the patient; and
(b) the use of specialist equipment; and
(c) the area in which the services are
provided to be fitted out specifically for
those kinds of services;
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"surgical health services" means health services
provided by a registered medical practitioner
that—
(a) involve the use of surgical instruments
and an operating theatre, procedure
room or treatment room; and
(b) require either the attendance of one or
more other registered health care
practitioners or post operative
observation of the patient by nursing
staff;
"surgical instrument" includes—
(a) a laser device that disrupts the integrity
of epithelial tissue; and
(b) cannulae used to penetrate
subcutaneous tissue for the purpose of
removing either tissue or fluid or both
tissue and fluid containing body fat;
"unit record number" means an identifying
number unique to a patient.
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PART 2—PRESCRIBED HEALTH SERVICES
6. Private hospitals
For the purposes of the definition of "private
hospital" in section 3 of the Act, the following are
health services of a prescribed kind or kinds—
(a) medical health services;
(b) surgical health services;
(c) speciality health services for the provision
of—
(i) cardiac services; or
(ii) emergency medicine; or
(iii) endoscopy; or
(iv) fertilisation procedures; or
(v) intensive care; or
(vi) mental health services; or
(vii) neonatal services; or
(viii) obstetrics; or
(ix) oncology (chemotherapy); or
(x) oncology (radiation therapy); or
(xi) renal dialysis; or
(xii) specialist rehabilitation services.
7. Day procedure centres
For the purposes of the definition of "day
procedure centre" in section 3 of the Act, the
following are health services of a prescribed kind
or kinds—
(a) medical health services;
(b) surgical health services;
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(c) speciality health services for the provision
of—
(i) cardiac services; or
(ii) emergency medicine; or
(iii) endoscopy; or
(iv) fertilisation procedures; or
(v) mental health services; or
(vi) oncology (chemotherapy); or
(vii) oncology (radiation therapy); or
(viii) renal dialysis; or
(ix) specialist rehabilitation services.
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PART 3—FORMS OF APPLICATION AND FEES
8. Application for approval in principle
For the purposes of section 70(2) of the Act—
(a) the prescribed form is the form in Schedule
2; and
(b) the prescribed fee is $504.
9. Application for variation or transfer of certificate of
approval in principle
For the purposes of section 74 of the Act—
(a) the prescribed form is the form in
Schedule 3; and
(b) the prescribed fee is $126.
10. Application for registration
For the purposes of section 82(2) of the Act—
(a) the prescribed form is the form in Schedule
4; and
(b) the prescribed fee is $441.
11. Application for renewal of registration
For the purposes of section 88(2) of the Act—
(a) the prescribed form is the form in Schedule
5; and
(b) the prescribed fee is $504.
12. Application for variation of registration
For the purposes of section 92(2) of the Act—
(a) the prescribed form is the form in Schedule
6; and
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(b) the prescribed fee—
(i) in the case of an application for the
transfer of the certificate to another
person who intends to become the
proprietor is $378; and
(ii) in any other case is $126.
13. Annual fee
For the purposes of section 87 of the Act, the
prescribed annual fee is $477.50 plus $3.15 for
each bed for which the private hospital or day
procedure centre is registered.
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PART 4—SENIOR APPOINTMENTS
14. Appointment of Director of Nursing
(1) The proprietor of a private hospital or day
procedure centre must appoint a suitably qualified
person as a Director of Nursing.
Penalty: 50 penalty units.
(2) For the purposes of sub-regulation (1), a person is
suitably qualified if he or she has a qualification
or practical experience in nursing management
and—
(a) is registered in Division 1 of the nurses
register; or
(b) in the case of a private hospital or day
procedure centre registered only for
speciality health services for the provision of
mental health services, is registered in either
Division 1 or Division 3 of the nurses
register.
15. Acting Director of Nursing
If a Director of Nursing is absent, incapacitated or
the position is vacant, the proprietor of a private
hospital or day procedure centre must appoint a
person to act as the Director of Nursing during the
period of the absence, incapacity or vacancy.
Penalty: 50 penalty units.
16. Secretary to be notified of termination or vacancy
The proprietor of a private hospital or day
procedure centre must notify the Secretary in
writing of the name, qualifications and experience
of any person appointed by the proprietor—
(a) as the Director of Nursing; or
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(b) to act as the Director of Nursing for a period
of more than 28 days—
within 28 days after the appointment has been
made.
Penalty: 20 penalty units.
17. Chief Executive Officer, Medical Director and
Complaints Liaison Officer
(1) If the proprietor of a private hospital or day
procedure centre appoints a—
(a) Chief Executive Officer; or
(b) Medical Director; or
(c) Complaints Liaison Officer—
(however titled), the proprietor must notify the
Secretary in writing within 28 days of the name of
the person appointed as the Chief Executive
Officer, Medical Director or Complaints Liaison
Officer.
Penalty: 5 penalty units.
(2) If the proprietor of a private hospital or day
procedure centre terminates the appointment of a
Chief Executive Officer, Medical Director or
Complaints Liaison Officer (however titled) or the
position otherwise becomes vacant, the proprietor
must notify the Secretary in writing within 28
days of the termination or vacancy.
Penalty: 5 penalty units.
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PART 5—ADMISSION OF PATIENTS
Division 1—Unit Record Number
18. Unit record number to be allocated
The proprietor of a private hospital or day
procedure centre must ensure that on or as soon as
practicable after the admission of a patient to the
hospital or centre a unit record number is
allocated to that patient.
Penalty: 30 penalty units.
Division 2—Information to be Given to Patients
19. Information about fees and services
The proprietor of a private hospital or day
procedure centre must ensure that on or before
admission each patient of the hospital or centre is
given—
(a) information about the fees to be charged by
the hospital or centre and any likely out of
pocket expenses which may be incurred by
the patient; and
(b) a clear explanation of the treatment and
services to be provided to the patient at the
hospital or centre.
Penalty: 50 penalty units.
Division 3—Clinical records
20. Clinical record
The proprietor of a private hospital or day
procedure centre must ensure that a separate
clinical record for each patient is created on or as
soon as practicable after the admission of the
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patient to the hospital or centre and maintained
during the patient's stay.
Penalty: 30 penalty units.
21. Information to be included in clinical record
The proprietor of a private hospital or day
procedure centre must take reasonable steps to
ensure that each clinical record contains the
following information—
(a) the patient's unit record number;
(b) the patient's name, address, date of birth and
sex;
(c) the name and contact details of a relative or
friend of the patient;
(d) relevant clinical details of the patient
including—
(i) clinical history on admission;
(ii) progress notes during the patient's stay;
(iii) any medication ordered or given;
(iv) known allergies and drug sensitivities;
(v) current medication;
(vi) pre-procedure assessment;
(vii) results of any relevant diagnostic tests;
(e) if a procedure is carried out on a patient—
(i) the consent form for the procedure and
anaesthesia;
(ii) the date of the procedure;
(iii) the names and signatures of the
practitioners carrying out the
procedure;
(iv) the type of procedure carried out;
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(v) the pre-procedure check list by the
attending practitioner and (if present)
assisting nurse;
(vi) administered drugs and dosages;
(vii) a record of any monitoring undertaken;
(viii) a record of any intravenous fluids
administered;
(ix) a procedure room report including any
procedure findings;
(x) the final diagnosis of the patient by,
and the signature of, the attending
practitioner.
Penalty: 30 penalty units.
22. Retention of clinical record
The proprietor of a private hospital or day
procedure centre must retain the clinical record of
a patient—
(a) if the patient was 18 years of age or more on
the date of the patient's discharge, transfer or
death at the hospital or centre—for 7 years;
(b) if the patient was less than 18 years of age on
the date of the patient's discharge, transfer or
death at the hospital or centre—until the
patient reaches or would have reached
25 years of age;
(c) in addition to the relevant period specified in
paragraph (a) or (b) if, during the relevant
period, access to a patient's clinical record is
requested for the purpose of legal
proceedings—for a further 7 years.
Penalty: 30 penalty units.
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Division 4—Identification of Patients
23. Means of identifying patients
The proprietor of a private hospital or day
procedure centre must ensure that a patient
admitted to the hospital or centre can be readily
identified at all times when the patient is receiving
health care or other services at the hospital or
centre by—
(a) an identity band or other suitable device
attached to the patient; or
(b) a photograph, a copy of which must be
attached to the clinical record of the patient.
Penalty: 40 penalty units.
24. Identification of infants
(1) The proprietor of a private hospital must ensure
that, if an infant is born at the hospital, at least
2 identity bands or other suitable devices
which contain the relevant information specified
in sub-regulation (3) are attached to that infant—
(a) as soon as practicable after the birth and
before leaving the delivery room; and
(b) as long as the infant remains in the hospital.
Penalty: 30 penalty units.
(2) If immediately after giving birth to an infant, a
mother is admitted as a patient of a private
hospital for—
(a) the receipt of medical services in connection
with the birth; or
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(b) the provision of nursing services by a
suitably qualified nurse that are directly
related to the birth—
the proprietor of the hospital must ensure that at
least 2 identity bands or other suitable devices
which contain the relevant information specified
in sub-regulation (3) are attached to the infant as
long as the infant remains in the hospital.
Penalty: 30 penalty units.
(3) For the purposes of sub-regulations (1) and (2) the
relevant information is—
(a) the surname of the infant;
(b) the full name of the mother;
(c) the unit record number of the mother;
(d) the date of birth of the infant.
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PART 6—CARE OF PATIENTS
Division 1—Rights of Patients
25. Respect, dignity and privacy
The proprietor of a private hospital or day
procedure centre must ensure that a patient
admitted to the hospital or centre—
(a) is treated with dignity and respect and with
due regard to his or her religious beliefs, and
ethnic and cultural practices; and
(b) is entitled to privacy; and
(c) is not subjected to unusual routines,
particularly with respect to the timing of
meals and hygiene procedures, unless the
routines are for the benefit of the patient.
Penalty: 50 penalty units.
Division 2—Nursing and Professional Care
26. Nurses to be registered and competent
The proprietor of a private hospital or day
procedure centre must ensure that every nurse at
the private hospital or day procedure centre—
(a) is registered in the nurses register; and
(b) is professionally competent through
education or experience to provide nursing
care at the hospital or centre having regard to
the kind or kinds of health service being
provided.
Penalty: 50 penalty units.
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27. Number of nursing staff to be on duty in a private
hospital
(1) The proprietor of a private hospital must ensure
that whenever patients are receiving health
services at the hospital the following nursing staff
are on duty—
(a) in the case of day and evening shifts, one
nurse registered in Division 1 of the nurses
register for each 10 patients or fraction of
that number;
(b) in the case of night shifts, one nurse
registered in Division 1 of the nurses register
for each 15 patients or fraction of that
number.
Penalty: 50 penalty units.
(2) Despite sub-regulation (1)—
(a) if during any shift 3 or more nurses are on
duty, one-third of those nurses may be nurses
registered in Division 2 of the nurses
register; and
(b) in the case of a private hospital registered
only for speciality health services for the
provision of mental health services, members
of the nursing staff may be registered in
either Division 1 or Division 3 of the nurses
register.
28. Number of nursing staff to be on duty in a day
procedure centre
(1) The proprietor of a day procedure centre must
ensure that whenever patients are receiving health
services at the centre at least one nurse registered
in Division 1 of the nurses register is on duty for
each 10 patients or fraction of that number.
Penalty: 50 penalty units.
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(2) Despite sub-regulation (1), in the case of a day
procedure centre registered only for speciality
health services for the provision of mental health
services, members of the nursing staff may be
registered in either Division 1 or Division 3 of the
nurses register.
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PART 7—TRANSFER AND DISCHARGE OF PATIENTS
29. Transfer of patients
If a patient is transferred from a private hospital or
day procedure centre to another health service
establishment or health care agency, the proprietor
of the hospital or centre must ensure that all
relevant information and documents relating to the
patient's medical condition and treatment that are
necessary for the establishment or agency to
which the patient is being transferred to provide
appropriate ongoing treatment or care are sent
with the patient.
Penalty: 40 penalty units.
30. Discharge of patients
The proprietor of a private hospital or day
procedure centre must take reasonable steps to
ensure that a patient being discharged from the
hospital or centre is given a clear explanation of
any recommendations and arrangements which
have been made with respect to the future health
care needs (if any) of the patient.
Penalty: 60 penalty units.
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PART 8—REGISTERS AND RECORDS
Division 1—Patient Register
31. Patient Admission and Discharge Register
For the purposes of section 109(1) of the Act—
(a) the prescribed particulars with respect to
every patient who receives care in a private
hospital or day procedure centre are—
(i) the unit record number of the patient;
(ii) the full name of the patient;
(iii) the sex of the patient;
(iv) the address and telephone number of
the patient;
(v) the patient's date of birth;
(vi) the date of his or her admission and
discharge;
(vii) the status of the patient at discharge;
(viii) if the patient is transferred to another
health service establishment or health
care agency, the name of that
establishment or agency and the reason
for the transfer; and
(b) the prescribed manner in which the
prescribed particulars are to be kept is in
writing; and
(c) the prescribed period for which the
particulars are to be retained is 7 years.
Division 2—Staff Register and Records
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32. Staff register
For the purposes of section 109(1) of the Act—
(a) the prescribed particulars of staff employed
in a private hospital or day procedure centre
are—
(i) the full name of every member of the
nursing and other health professional
staff responsible for the care and
treatment of patients;
(ii) the date of birth of every such member;
(iii) the designation of every such member;
(iv) the qualifications of every such
member;
(v) if applicable, the registration number of
every such member; and
(b) the prescribed manner in which the
prescribed particulars are to be kept is in
writing; and
(c) the prescribed period for which the
particulars are to be retained is 2 years.
Division 3—Other Registers
33. Operation Theatre Register
(1) The proprietor of a private hospital or day
procedure centre at which surgical health services
or specialty health services for the provision of
endoscopy may be carried on must ensure that an
Operation Theatre Register that complies with
sub-regulation (2) is kept at the hospital or centre.
Penalty: 30 penalty units.
(2) An Operation Theatre Register must be in writing
and contain the following information with
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respect to each procedure performed at the
hospital or centre—
(a) the date and time of the procedure;
(b) the unit record number of the patient;
(c) the full name of the patient, his or her sex
and date of birth;
(d) the nature of the procedure;
(e) the name of the health practitioner
undertaking the procedure and assistant (if
any);
(f) the name of the anaesthetist and assistant (if
any);
(g) the names of attending theatre staff;
(h) any remarks concerning the outcome of the
procedure;
(i) the anaesthetic administered;
(j) any anaesthetic or procedural complications
encountered.
(3) The proprietor of a private hospital or day
procedure centre must retain an Operation Theatre
Register for at least 7 years after the date of the
last entry.
Penalty: 30 penalty units.
34. Birth register
(1) The proprietor of a private hospital in which
speciality health services for the provision of
obstetrics may be carried on must ensure that a
Birth Register that complies with sub-regulation
(2) is kept at the hospital.
Penalty: 30 penalty units.
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(2) A Birth Register must be in writing and contain
the following information with respect to each
birth at the hospital—
(a) the date and time of the birth;
(b) the full name of the mother;
(c) the unit record number of the mother;
(d) the sex of the infant;
(e) the names of all health care personnel in
attendance at the birth.
(3) The proprietor of a private hospital must retain a
Birth Register for at least 25 years after the date of
the last entry.
Penalty: 30 penalty units.
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PART 9—PREMISES AND EQUIPMENT
35. Identification of rooms
The proprietor of a private hospital or day
procedure centre must ensure that each room in
which beds or recovery chairs are provided for the
accommodation of patients is clearly identified at
the entrance to that room by a sign stating—
(a) the letter or number of that room; and
(b) the number of beds and recovery chairs
ordinarily in that room.
Penalty: 10 penalty units.
36. Communications
(1) The proprietor of a private hospital or day
procedure centre must ensure that an effective
electronic communication system that complies
with sub-regulation (2) is provided and kept
operational at the hospital or centre.
Penalty: 60 penalty units.
(2) An electronic communication system must—
(a) enable patients and staff to summon
assistance; and
(b) enable calls to be made from—
(i) each bed;
(ii) any recovery chair in a recovery room;
(iii) each toilet, shower or bath or other
facility used or likely to be used by
patients;
(iv) any common room, recreational or rest
area or other place where patient care is
provided.
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37. Prevention of scalding
The proprietor of a private hospital or day
procedure centre must ensure that a system or
mechanism to avoid the risk of scalding is
installed to control the outlet temperature of hot
water to every bath, shower or hand basin used by
a patient.
Penalty: 50 penalty units.
38. Repair and cleanliness of premises
The proprietor of a private hospital or day
procedure centre must ensure that the premises at
which the hospital or centre is carried on are
kept—
(a) in a clean and hygienic condition; and
(b) in a proper state of repair; and
(c) free of hazards or the accumulation of
materials which may become offensive,
injurious to health or likely to facilitate the
outbreak of fire.
Penalty: 80 penalty units.
39. Suitability and cleanliness of facilities, equipment etc.
The proprietor of a private hospital or day
procedure centre must ensure that facilities,
equipment, furnishings and fittings at the private
hospital or day procedure centre are—
(a) suitable for the kind or kinds of health
services being provided by the hospital or
centre; and
(b) kept in a proper state of repair and
maintained in good working order; and
(c) kept in a clean and hygienic condition.
Penalty: 80 penalty units.
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PART 10—INFECTION CONTROL
40. Infection Control Management Plans
If the proprietor of a private hospital or day
procedure centre implements a plan providing for
the prevention and control of infection at the
hospital or centre, the proprietor must, as soon as
practicable after implementing the plan, notify the
Secretary in writing—
(a) that the proprietor has implemented such a
plan; and
(b) the name and telephone number of the
person responsible for implementation of the
plan.
Penalty: 20 penalty units.
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PART 11—DISPLAY OF INFORMATION
41. Information to be prominently displayed
The proprietor of a private hospital or day
procedure centre must display in a prominent
position at the entrance foyer or reception area of
the hospital or centre—
(a) the certificate of registration of the premises
as a private hospital or day procedure centre
or a full size copy of the certificate; and
(b) the name of the Director of Nursing; and
(c) if—
(i) a Chief Executive Officer; or
(ii) a Medical Director; or
(iii) a Complaints Liaison Officer—
(however titled) has been appointed, the
name of the Chief Executive Officer,
Medical Director or Complaints Liaison
Officer.
Penalty: 20 penalty units.
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PART 12—STATISTICAL RETURNS
42. Information to be forwarded to the Secretary
(1) The proprietor of a private hospital or day
procedure centre must forward to the Secretary for
each month—
(a) the following information relating to each
patient—
(i) unit record number;
(ii) campus code;
(iii) admission date, time, and type of
admission;
(iv) admission source;
(v) date of birth and country of birth;
(vi) indigenous status;
(vii) postcode and locality;
(viii) marital status and sex;
(ix) type of care received and procedures
carried out;
(x) health fund and level of insurance;
(xi) Medicare number;
(xii) account classification;
(xiii) separation date and type;
(xiv) transfer source;
(xv) date of discharge or death;
(xvi) discharge destination;
(xvii) final diagnosis on discharge; and
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(b) the following information relating to
occupancy rates—
(i) the number of separations;
(ii) the number of same day separations;
(iii) the number of bed days;
(iv) the average number of available beds.
Penalty: 40 penalty units.
(2) A proprietor must ensure that the information to
be forwarded under sub-regulation (1)—
(a) is forwarded to the Secretary not later than
17 days after the end of the month to which
the information relates; and
(b) does not include the name and address of a
patient.
Penalty: 40 penalty units.
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PART 13—ENFORCEMENT
43. Form of notice of seizure
For the purposes of section 147(2)(a) of the Act,
the prescribed form of a notice of seizure is in the
form of Schedule 7.
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PART 14—TRANSITIONAL PROVISIONS
44. References to prescribed kinds of health services in
certificates of registration of private hospitals
(1) On and from the commencement of these
Regulations, a reference to Medical health
services in a certificate of registration of a private
hospital is to be read as a reference to all of the
following kinds of health service—
(a) medical health services; and
(b) speciality health services for the provision of
renal dialysis; and
(c) speciality health services for the provision of
oncology (chemotherapy); and
(d) speciality health services for the provision of
endoscopy.
(2) On and from the commencement of these
Regulations, a reference to Obstetric health
services in a certificate of registration of a private
hospital is to be read as a reference to both of the
following kinds of health service—
(a) speciality health services for the provision of
obstetrics; and
(b) speciality health services for the provision of
neonatal services.
(3) On and from the commencement of these
Regulations, a reference to the kinds of health
services ("the first mentioned health services")
specified in column 1 of the Table in a certificate
of registration of a private hospital is to be read as
a reference to the kinds of health services
specified in column 2 opposite the first mentioned
health services.
Table
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Column 1 Column 2
Surgical surgical health services
Emergency Medicine speciality health services
for the provision of
emergency medicine
Coronary Care speciality health services
for the provision of cardiac
services
Intensive Care speciality health services
for the provision of
intensive care
Radiation Oncology speciality health services
for the provision of
oncology (radiation
therapy)
Organ Transplantation surgical health services
Infertility Treatment speciality health services
for the provision of
fertilisation procedures
Psychiatric speciality health services
for the provision of mental
health services
Specialist Rehabilitation speciality health services
for the provision of
specialist rehabilitation
services
45. References to prescribed kinds of health services in
certificates of registration of day procedure centres
(1) Subject to sub-regulation (2), on and from the
commencement of these Regulations, a reference
to the kinds of health services ("the first
mentioned health services") specified in column 1
of the Table in a certificate of registration of a day
procedure centre is to be read as a reference to the
kinds of health services specified in column 2
opposite the first mentioned health services.
Table
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Column 1 Column 2
Medical medical health services
Surgical surgical health services
Endoscopy speciality health services
for the provision of
endoscopy
Infertility Treatment speciality health services
for the provision of
fertilisation procedures
(2) On and from the commencement of these
Regulations, a reference to Medical health
services in a certificate of registration of a day
procedure centre registered subject to the
condition that the centre provide only renal
dialysis services is to be read as a reference to
speciality health services for the provision of renal
dialysis.
46. Operation of Interpretation of Legislation Act 1984
not affected
Regulations 44 and 45 do not affect or take away
from the Interpretation of Legislation Act 1984.
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PART 15—EXPIRY OF REGULATIONS
47. Expiry of regulations
These Regulations expire on 26 September 2002.
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SCHEDULES
SCHEDULE 1
Regulation 4
REGULATIONS REVOKED
S.R. No. Title
15/1991 Health Services (Private Hospitals and Day Procedure
Centres) Regulations 1991
168/1991 Health Services (Private Hospitals and Day Procedure
Centres) (Fees) Regulations 1991
175/1991 Health Services (Private Hospitals and Day Procedure
Centres) (Amendment) Regulations 1991
291/1992 Health Services (Private Hospitals and Day Procedure
Centres) (Amendment) Regulations 1992
309/1992 Health Services (Private Hospitals and Day Procedure
Centres) (Statistics) Regulations 1992
160/1993 Health Services (Private Hospitals and Day Procedure
Centres) (Statistics) Regulations 1993
159/1996 Health Services (Private Hospitals and Day Procedure
Centres) (Amendment) Regulations 1996
10/1998 Health Services (Private Hospitals and Day Procedure
Centres) (Amendment) Regulations 1998
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SCHEDULE 2
Regulation 8
APPLICATION FOR APPROVAL IN PRINCIPLE OF A
PRIVATE HOSPITAL OR DAY PROCEDURE CENTRE
SECTION A
1. Full name of applicant:
2. Postal address of applicant:
3. The name, telephone and facsimile number and email address of a contact
person for the purposes of the application:
4. If the applicant is a body corporate, the name and address of a director or
officer of the body corporate who may exercise control over the private
hospital or day procedure centre:
SECTION B
1. The kind of health service establishment to which the application relates
is:
*a private hospital
*a day procedure centre
2. The name (or proposed name) of the hospital or centre, its street address
and the municipal district in which the hospital or centre is, or is to be,
located:
3. This application is for an approval in principle for:
*the use of particular land or premises as a private hospital or a day
procedure centre;
*premises proposed to be constructed for use as a private hospital or day
procedure centre;
*alterations or extensions to premises used, or proposed to be used, as a
private hospital or day procedure centre;
*a variation of the registration of a private hospital or day procedure
centre to alter the number of beds to which the registration relates;
*a variation of the registration of a private hospital or day procedure
centre to vary the kinds of health services that may be carried on on the
premises;
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*a variation of the registration of a private hospital or day procedure
centre to vary the number of beds that may be used for the specified
kinds of prescribed health services.
SECTION C
In accordance with section 70(3) of the Health Services Act 1988, I have
given notice in writing of this application to any other person who has an
interest in the land as owner or lessee.
Signature of applicant:
Name of each signatory (in BLOCK LETTERS):
Date:
*(Strike out whichever does not apply)
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SCHEDULE 3
Regulation 9
APPLICATION FOR VARIATION OR TRANSFER OF
CERTIFICATE OF APPROVAL IN PRINCIPLE OF A
PRIVATE HOSPITAL OR DAY PROCEDURE CENTRE
SECTION A
1. Full name of applicant:
2. Postal address of applicant:
3. The name, telephone and facsimile number and email address of a contact
person for the purposes of the application:
SECTION B
1. The kind of health service establishment to which the application relates
is:
*a private hospital
*a day procedure centre
2. The name (or proposed name) of the hospital or centre, its street address
and the municipal district in which the hospital or centre is, or is to be,
located:
3. This application is for approval in principle for:
*variation of the certificate of approval in principle or any condition to
which it is subject; or
*transfer of the certificate of approval in principle to another person.
4. Reason for the proposed variation:
5. If the application relates to the transfer of the certificate to another
person—
(a) the name of that person;
(b) the postal address of that person; and
(c) that person's telephone and facsimile number and email address.
7. If the transferee is a body corporate, the name and address of any director
or officer of the body corporate who may exercise control over the
private hospital or day procedure centre:
SECTION C
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In accordance with section 70(3) of the Health Services Act 1988, I have
given notice in writing of this application to any other person who has an
interest in the land as owner or lessee.
Signature of applicant:
Name of each signatory (in BLOCK LETTERS):
Date:
*(Strike out whichever does not apply)
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SCHEDULE 4
Regulation 10
APPLICATION FOR THE REGISTRATION OF A PRIVATE
HOSPITAL OR DAY PROCEDURE CENTRE
SECTION A
1. Full name of applicant:
2. Postal address of applicant:
3. The name, telephone and facsimile number and email address of a contact
person for the purposes of the application:
4. If the applicant is a body corporate, the name and address of any director
or officer of the body corporate who may exercise control over the
private hospital or day procedure centre:
SECTION B
1. The kind of health service establishment for which registration is sought:
*a private hospital
*a day procedure centre
2. The proposed name of the hospital or centre, its street address and the
municipal district in which the hospital or centre is located:
3. The proposed number of beds:
4. The kind or kinds of health service for which registration is being sought:
*Medical health services
*Surgical health services
*Speciality health services for the provision of—
*Cardiac Services
*Emergency Medicine
*Endoscopy
*Fertilisation Procedures
*Intensive Care
*Mental Health
*Neonatal Services
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*Obstetrics
*Oncology (Chemotherapy)
*Oncology (Radiation Therapy)
*Renal Dialysis
*Specialist Rehabilitation
5. Is the applicant the owner or tenant of the premises?
6. If the applicant is not the owner, please state the name and address of the
owner:
Signature of applicant:
Name of each signatory (in BLOCK LETTERS):
Date:
*(Strike out whichever does not apply)
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SCHEDULE 5
Regulation 11
APPLICATION FOR THE RENEWAL OF REGISTRATION
OF A PRIVATE HOSPITAL OR DAY PROCEDURE CENTRE
SECTION A
1. Full name of applicant:
2. Postal address of applicant:
3. The name, telephone and facsimile number and email address of a contact
person for the purposes of the application:
4. If the applicant is a body corporate, the name and address of any director
or officer of the body corporate who may exercise control over the
private hospital or day procedure centre:
SECTION B
1. The name of the hospital or centre and its street address:
2. Date of expiry of current registration:
SECTION C
In accordance with section 88(3) of the Health Services Act 1988, I have
given notice in writing of this application to any other person who has an
interest in the land as owner or lessee.
Signature of applicant:
Name of each signatory (in BLOCK LETTERS):
Date:
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SCHEDULE 6
Regulation 12
APPLICATION FOR THE VARIATION OF THE
REGISTRATION OF A PRIVATE HOSPITAL OR DAY
PROCEDURE CENTRE
SECTION A
1. Full name of applicant:
2. Postal address of applicant:
3. The name, telephone and facsimile number and email address of a contact
person for the purposes of the application:
SECTION B
1. The nature of the variation sought:
*change of the kind of establishment to which the registration applies
*transfer of the certificate of registration to another person
*variation of any condition to which the registration is subject
*an alteration in the number of beds to which the registration is subject
*variation of the kinds of prescribed health services that may be carried
on on the premises
*variation of the number of beds that may be used for specified kinds of
prescribed health services
2. Details of the variation sought:
3. If the application relates to the transfer of the certificate of registration to
another person, the name and postal address of the proposed transferee.
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SECTION C
In accordance with section 92(3) of the Health Services Act 1988, I have
given notice in writing of this application to any other person who has an
interest in the land as owner or lessee.
Signature of applicant:
Name of each signatory (in BLOCK LETTERS):
Date:
*(Strike out whichever does not apply)
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SCHEDULE 7
Regulation 43
Health Services (Private Hospitals and Day Procedure Centres)
Regulations 2001
NOTICE OF SEIZURE OF DOCUMENT OR THING FROM A
PRIVATE HOSPITAL OR DAY PROCEDURE CENTRE
Name of private hospital or day procedure centre:
Address of private hospital or day procedure centre:
I, being an authorised officer of the Department, am
(print full name)
seizing under section 147 of the Health Services Act 1988 the document or
thing listed below.
The seized document or thing will be returned to the place of seizure within
48 hours from the time of seizure.
DOCUMENT OR THING SEIZED
1.
2.
3.
Signed: Date: Time:
(Authorised Officer)
Signed: Date: Time:
(Proprietor/staff member)
DOCUMENT OR THING RETURNED
Signed: Date: Time:
(Authorised Officer)
Signed: Date: Time:
(Proprietor/staff member)
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