Health Legislation (Amendment) Act 2003

Victorian Legislation and Parliamentary Documents i Health Legislation (Amendment) Act 2003 Act No. 67/2003 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Nurse practitioners 2 4. Health Services Act—patient information 3 5. Health Services Act—Numurkah District Health Service 4 PART 11—DEEMED PUBLICATION 4 231. Deemed publication of Order in Council 4 6. Human Tissue Act—new section 39A inserted 4 39A. Recovery of certain costs of tissue banks 4 7. Human Tissue Act—regulations 5 8. Lord Mayor's Charitable Fund—Board members 5 9. New section 34 inserted 5 34. Further transitional 5 10. Mental Health Act—apprehension of mentally ill persons 6 11. Mental Health Act—patient information 8 12. Nurses Act—qualifications 9 13. Statute law revision 9 ═══════════════ ENDNOTES 10 -- 1 of 11 -- Victorian Legislation and Parliamentary Documents 1 Health Legislation (Amendment) Act 2003† [Assented to 14 October 2003] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to make miscellaneous amendments to the Drugs, Poisons and Controlled Substances Act 1981, the Health Services Act 1988, the Human Tissue Act 1982, the Lord Mayor's Charitable Fund Act 1996, the Mental Health Act 1986 and the Nurses Act 1993. Victoria No. 67 of 2003 -- 2 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 67/2003 Health Legislation (Amendment) Act 2003 2 2. Commencement (1) This Act, except section 6, comes into operation on the day after the day on which it receives the Royal Assent. (2) Subject to sub-section (3), section 6 comes into operation on a day to be proclaimed. (3) If section 6 does not come into operation before 1 June 2004, it comes into operation on that day. 3. Nurse practitioners After section 14(2) of the Drugs, Poisons and Controlled Substances Act 1981 insert— "(3) If the Nurses Board of Victoria established under the Nurses Act 1993 has imposed in relation to the practice of a nurse practitioner conditions, limitations or restrictions including a condition, limitation or restriction prohibiting the prescription of any drug or substance or class of drugs or substances, being a poison or controlled substance or drug of dependence or poisons or controlled substances or drugs of dependence that nurse practitioner for the purposes of this Act and the regulations is deemed to be not authorized to obtain and have in his or her possession or to use sell or supply in the lawful practice of his or her profession the poison or controlled substance or drug of dependence or the poisons or controlled substances or drugs of dependence to which the condition, limitation or restriction relates.". s. 2 See: Act No. 9719/1981. Reprint No. 6 as at 14 February 2002 and amending Act No. 11/2002. LawToday: www.dms. dpc.vic. gov.au -- 3 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 67/2003 Health Legislation (Amendment) Act 2003 3 4. Health Services Act—patient information (1) In section 141 of the Health Services Act 1988— (a) in sub-section (1), in the definition of "person to whom this section applies" for "person to whom this section applies" substitute "relevant person"; (b) in sub-section (2), for "person to whom this section applies" (wherever occurring) substitute "relevant person". (2) After section 141(2A) of the Health Services Act 1988 insert— "(2B) Sub-section (2) does not apply to a person (other than an independent contractor) who is a relevant person in relation to a relevant health service who gives information in accordance with HPP 2 of the Health Privacy Principles in the Health Records Act 2001 to another person (other than an independent contractor) who is a relevant person in relation to that relevant health service.". (3) In section 141 of the Health Services Act 1988— (a) in sub-section (3)(a), after "consent" (where twice occurring) insert "(which may be express or implied)"; (b) in sub-section (3)(eb), for "2.2(f), 2.2(h)" substitute "2.2(a), 2.2(f), 2.2(h), 2.2(k), 2.2(l)"; (c) in sub-section (3), after paragraph (eb) insert— "(ec) to the giving of information relating to a notification, claim or potential claim to a person or body providing insurance or indemnity (including discretionary indemnity) for any liability of the relevant health service or a person who s. 4 See: Act No. 49/1988. Reprint No. 8 as at 19 February 2003. LawToday: www.dms. dpc.vic. gov.au -- 4 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 67/2003 Health Legislation (Amendment) Act 2003 4 is a relevant person in relation to the relevant health service arising from the provision of services by, on behalf of or at the relevant health service; or"; (d) in sub-section (5)(a), omit "employed or". 5. Health Services Act—Numurkah District Health Service After section 230 of the Health Services Act 1988 insert— 'PART 11—DEEMED PUBLICATION 231. Deemed publication of Order in Council The Order in Council made under section 8(1)(c) on 30 September 1997 changing the name of the Numurkah and District War Memorial Hospital to the Numurkah District Health Service is deemed to have been published on 2 October 1997 in the Government Gazette as if the words "Numurkah and District Health Service" were "Numurkah District Health Service".'. 6. Human Tissue Act—new section 39A inserted After section 39 of the Human Tissue Act 1982 insert— "39A. Recovery of certain costs of tissue banks (1) A person who owns or controls a tissue bank prescribed by the regulations may charge an amount to recover the reasonable costs associated with the removal, evaluation, storage, processing at the tissue bank and distribution from the tissue bank of tissue removed in accordance with this Act. s. 5 See: Act No. 9860/1982. Reprint No. 2 as at 14 November 1996 and amending Act Nos 63/1995, 12/1998 and 27/2001. LawToday: www.dms. dpc.vic. gov.au -- 5 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 67/2003 Health Legislation (Amendment) Act 2003 5 (2) Section 38(1) does not apply to a person who only charges an amount in accordance with sub-section (1). (3) Section 39(1) does not apply to a person who only pays an amount charged in accordance with sub-section (1).". 7. Human Tissue Act—regulations At the end of section 46 of the Human Tissue Act 1982 insert— "(2) The regulations— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstance.". 8. Lord Mayor's Charitable Fund—Board members (1) In section 11(b)(i) of the Lord Mayor's Charitable Fund Act 1996, for "one year" substitute "2 years". (2) In section 12(1)(b), (2)(b) and (3) of the Lord Mayor's Charitable Fund Act 1996, for "the annual" substitute "the second annual". 9. New section 34 inserted After section 33 of the Lord Mayor's Charitable Fund Act 1996 insert— "34. Further transitional (1) A person who held office as a member of the Board immediately before the commencement of section 8 of the Health Legislation (Amendment) Act 2003 whose name is drawn by lot by the President under sub-section (3) continues to hold office until the commencement of the first ordinary meeting of the Board after the second annual s. 7 See: Act No. 54/1996. LawToday: www.dms. dpc.vic. gov.au -- 6 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 67/2003 Health Legislation (Amendment) Act 2003 6 meeting of the Board after that member was elected. (2) The remaining members of the Board who held office as members of the Board immediately before the commencement of section 8 of the Health Legislation (Amendment) Act 2003 hold office until the commencement of the first ordinary meeting of the Board after the annual meeting of the Board after that member was elected. (3) The President must draw by lot the names of 2 members of the Board appointed under section 11(b)(iii) and 2 members appointed under section 11(b)(iv) who are to hold office in accordance with sub-section (1).". 10. Mental Health Act—apprehension of mentally ill persons (1) In section 10(3) of the Mental Health Act 1986 after "practitioner" insert "or a mental health practitioner". (2) In section 10 of the Mental Health Act 1986, for sub-sections (4) and (5) substitute— '(4) A member of the police force must, as soon as practicable after apprehending a person under sub-section (1), arrange for— (a) an examination of the person by a registered medical practitioner; or (b) an assessment of the person by a mental health practitioner. (5) The mental health practitioner may assess the person, having regard to the criteria in section 8(1) and— (a) advise the member of the police force to— s. 10 See: Act No. 59/1986. Reprint No. 7 as at 1 July 2002 and amending Act Nos 67/1998 and 41/2002. LawToday: www.dms. dpc.vic. gov.au -- 7 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 67/2003 Health Legislation (Amendment) Act 2003 7 (i) arrange for an examination of the person by a registered medical practitioner; or (ii) release the person from apprehension under this section; or (b) complete an authority to transport the person to an approved mental health service in accordance with section 9(7A). (6) If the mental health practitioner assesses the person and advises the member of the police force to arrange for an examination of the person by a registered medical practitioner the member of the police force must do so as soon as practicable. (7) If the mental health practitioner assesses the person and advises the member of the police force to release the person from apprehension under this section the member must do so unless the member arranges for a personal examination of the person by a registered medical practitioner. (8) If an arrangement is made under this section to have a person examined by a registered medical practitioner, a registered medical practitioner may examine the person for the purposes of section 9. (9) Nothing in this section limits— (a) any other powers of a registered medical practitioner or mental health practitioner in relation to that person under this Act; or (b) any other powers of a member of the police force in relation to that person. s. 10 -- 8 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 67/2003 Health Legislation (Amendment) Act 2003 8 (10) In this section, "mental health practitioner" has the same meaning as in section 9.'. 11. Mental Health Act—patient information In section 120A of the Mental Health Act 1986— (a) in sub-section (1), in the definition of "person to whom this section applies" for "person to whom this section applies" substitute "relevant person"; (b) in sub-section (2), for "person to whom this section applies"(wherever occurring) substitute "relevant person"; (c) in sub-section (3)(a) after "consent" (where twice occurring) insert "(which may be express or implied)"; (d) in sub-section (3)(ea) for "2.2(f), 2.2(h)" substitute "2.2(a), 2.2(f), 2.2(h), 2.2(k), 2.2(l)"; (e) in sub-section (3), after paragraph (ea) insert— "(eb) to the giving of information relating to a notification, claim or potential claim to a person or body providing insurance or indemnity (including discretionary indemnity) for any liability of the relevant psychiatric service or a person who is a relevant person in relation to the relevant psychiatric service arising from the provision of services by, on behalf of or at the relevant psychiatric service; or". s. 11 -- 9 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 67/2003 Health Legislation (Amendment) Act 2003 9 12. Nurses Act—qualifications For section 6(2)(a) of the Nurses Act 1993 substitute— "(a) has successfully completed a course approved by the Board or an examination set by the Board or, if the Board so requires, both a course approved by the Board and an examination set by the Board; or (ab) has successfully completed units in a course of study accredited by the Board for the purposes of sub-section (1) that the Board is satisfied are substantially equivalent or based on similar competencies to a course or examination to which paragraph (a) applies; or". 13. Statute law revision (1) In sections 35(2A) and 35A of the Drugs, Poisons and Controlled Substances Act 1981 for "Chief General Manager" (wherever occurring) substitute "Secretary". (2) In the Health Practitioner Acts (Further Amendments) Act 2002— (a) in section 12(1) omit "29."; (b) in section 17(1) omit "39."; (c) in section 21(1) omit "46."; (d) in section 27(1) omit "57."; (e) in section 28(1) omit "58.". ═══════════════ s. 12 See: Act No. 111/1993. Reprint No. 3 as at 1 January 2002 and amending Act Nos 2/2001, 11/2002 and 14/2002. LawToday: www.dms. dpc.vic. gov.au -- 10 of 11 -- Victorian Legislation and Parliamentary Documents Act No. 67/2003 Health Legislation (Amendment) Act 2003 10 ENDNOTES † Minister's second reading speech— Legislative Council: 1 May 2003 Legislative Assembly: 7 October 2003 The long title for the Bill for this Act was "to make miscellaneous amendments to the Drugs, Poisons and Controlled Substances Act 1981, the Health Services Act 1988, the Human Tissue Act 1982, the Lord Mayor's Charitable Fund Act 1996, the Mental Health Act 1986 and the Nurses Act 1993 and for other purposes." Endnotes -- 11 of 11 --