Health Professions Registration Amendment Act 2008

i Health Professions Registration Amendment Act 2008 No. 64 of 2008 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 Principal Act 2 4 Qualifications for general registration 2 5 Provisional registration 3 6 Renewal of registration 3 7 Endorsements generally 3 8 Approved methods of communication for responsible board 3 9 What if no proceedings started before commencement of this Act? 4 10 Cap of growth of pharmacy ownership for friendly society type companies 4 11 Repeal of amending Act 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 Health Professions Registration Amendment Act 2008 † No. 64 of 2008 [Assented to 14 November 2008] The Parliament of Victoria enacts: 1 Purpose The main purpose of this Act is to amend the Health Professions Registration Act 2005— (a) to provide for the fixing of certain fees by responsible boards; (b) to allow nurses with specific registration as midwives to apply for renewal of such registration; (c) to increase the period of provisional registration; Victoria -- 2 of 8 -- Health Professions Registration Amendment Act 2008 No. 64 of 2008 2 (d) to enable responsible boards to suspend the registration of a health practitioner at a meeting held by means of an approved method, or combination of methods, of communication; (e) to provide that investigations, inquiries, hearings or proceedings in relation to certain activities that occurred before section 163 of the Health Professions Registration Act 2005 came into operation may be commenced or undertaken under that Act; (f) to specify caps on the growth of pharmacy ownership for friendly society type companies. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3 Principal Act In this Act, the Health Professions Registration Act 2005 is called the Principal Act. 4 Qualifications for general registration (1) In section 5(1)(c) of the Principal Act, after "practitioner" insert "and has paid the fee fixed by the board in relation to the examination (if any)". s. 2 See: Act No. 97/2005. Reprint No. 1 as at 1 September 2007. LawToday: www. legislation. vic.gov.au -- 3 of 8 -- Health Professions Registration Amendment Act 2008 No. 64 of 2008 3 (2) After section 5(1A) of the Principal Act insert— "(1B) The responsible board may fix a fee to be paid by the provider of a course of study or part of a course of study that must accompany an application by the provider to the board for— (a) approval of the course of study for the purposes of subsection (1)(a); or (b) approval of part of a course of study for the purposes of subsection (1)(ab).". 5 Provisional registration In section 9(4) of the Principal Act, for "12" substitute "24". 6 Renewal of registration In section 18(5)(b) of the Principal Act, after "section 7(1)(f)" insert "or 7(2)". 7 Endorsements generally (1) In section 29(4)(c) of the Principal Act, after "registration" insert "and has paid the fee fixed by the board in relation to the examination (if any)". (2) After section 29(4) of the Principal Act insert— "(4A) The responsible board may fix a fee to be paid by the provider of a course of study that must accompany an application by the provider to the board for approval of the course of study for the purposes of subsection (4)(a).". 8 Approved methods of communication for responsible board In section 130(3)(b) of the Principal Act, after "Part 3" insert "(other than section 40)". s. 5 -- 4 of 8 -- Health Professions Registration Amendment Act 2008 No. 64 of 2008 4 9 What if no proceedings started before commencement of this Act? For section 169(1) of the Principal Act substitute— "(1) In the case of activities of a person which occurred before the commencement of section 163 and in respect of which— (a) no investigation, inquiry or hearing has been commenced under the repealed provision; or (b) no proceeding has been taken under the repealed provision— this Act applies to the extent that there was power in relation to those activities to conduct an investigation, inquiry or hearing or to take a proceeding under the repealed provision.". 10 Cap of growth of pharmacy ownership for friendly society type companies (1) For section 174(2)(a) of the Principal Act substitute— "(a) on and from 1 July 2007; and". (2) In section 174(3) of the Principal Act omit "during the applicable period". (3) At the foot of section 174(3) of the Principal Act insert— "Penalty: 1200 penalty units.". (4) In section 174(4) of the Principal Act— (a) in paragraph (a) omit "in the applicable period"; s. 9 -- 5 of 8 -- Health Professions Registration Amendment Act 2008 No. 64 of 2008 5 (b) in paragraph (b)— (i) for "after 16 November 2004" substitute "on or after 17 November 2008"; (ii) omit "in the applicable period"; (iii) for "before 16 November 2004" (where secondly occurring) substitute "before 17 November 2008". (5) In section 174(5) of the Principal Act— (a) after "16 November 2004" insert "and before 17 November 2008"; (b) omit "during the applicable period". (6) After section 174(5) of the Principal Act insert— "(5A) Subsection (3) does not apply to a company referred to in section 101(1)(e) that was formed by amalgamation on or after 17 November 2008 if the number of pharmacy businesses the amalgamated company owns at any one time does not exceed— (a) in the case of the amalgamated company being formed only by companies that, immediately before 16 November 2004, did not own a pharmacy business or owned less than 6 pharmacy businesses, 6 pharmacy businesses; or (b) in the case of the amalgamated company being formed by at least one company that, immediately before 16 November 2004, owned 6 or more pharmacy businesses, 30% more than the number of pharmacy businesses that the largest amalgamating company s. 10 -- 6 of 8 -- Health Professions Registration Amendment Act 2008 No. 64 of 2008 6 owned immediately before 17 November 2008.". (7) In section 174(7) of the Principal Act for "or (5)" substitute ", (5) or (5A)". (8) After section 174(7) of the Principal Act insert— "(8) In this section largest amalgamating company means a company that— (a) was amalgamated with other companies to form a company; and (b) owned more pharmacy businesses than any other company that was amalgamated to form the company.". 11 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 11 -- 7 of 8 -- Health Professions Registration Amendment Act 2008 No. 64 of 2008 7 ENDNOTES † Minister's second reading speech— Legislative Assembly: 12 September 2008 Legislative Council: 30 October 2008 The long title for the Bill for this Act was "A Bill for an Act to amend the Health Professions Registration Act 2005 and for other purposes." Endnotes -- 8 of 8 --