Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 1 Health Professionals Act 2004
(see s 3)
substitute
14 Who is a health professional ?
(1) A health professional is someone who provides a health service while working in a health profession.
(2) To remove any doubt, each of the following is a health professional :
(a) a dental hygienist;
(b) a dental prosthetist;
(c) a dental technician;
(d) a dental therapist;
(e) a dentist;
(f) an enrolled nurse;
(g) a medical practitioner;
(h) a midwife;
(i) a nurse;
(j) an optometrist;
(k) a pharmacist;
(l) a physiotherapist;
(m) a podiatrist;
(n) a psychologist;
(o) a veterinary surgeon.
insert
(2) To remove any doubt, a person is also a registered health professional if the person is registered in a specialist area of a health profession.
Example
an enrolled nurse enrolled in the specialist area of enrolled nurse (medications)
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
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(c) requirements for admission to a specialist area (if any) within the profession; and
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39A Definitions—pt 7
In this part:
"non-presidential member", of a health professions tribunal panel, means a member of the panel other than a presidential member.
"presidential member", of the health professions tribunal, means—
(a) the president of the tribunal; or
(b) a deputy president of the tribunal.
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(c) non-presidential members chosen by a presidential member under section 42 (1) (b) to be on a health profession tribunal panel.
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42 Health professions tribunal panel
(1) A health professions tribunal panel for an application relating to a health professional in a health profession is formed by—
(a) a presidential member of the health professions tribunal; or
Note The president of the tribunal may give directions about the presidential member who is to be the presidential member of a particular health professions tribunal panel (see s 41C (2)).
(b) a presidential member of the health professions tribunal and 2 non-presidential members chosen by the presidential member from the health professions representative list for the health profession.
(2) If a panel is formed under subsection (1) (b) for an application relating to a health professional in a health profession, at least 1 member chosen from the health professions representative list must be in the same profession as the health professional.
43 Health professions representative list
(1) The president of the health professions tribunal must keep a list (the health professions representative list ) of at least 10 people for each health profession nominated by the Minister.
(2) However, the Minister must not nominate a person under subsection (1) unless satisfied that the person has the experience or expertise to assist the health professions tribunal.
43A Health professions tribunal panel may hear multiple applications
(1) This section applies if—
(a) a health professions tribunal panel is formed under section 42 for an application (the first application ) relating to a health professional (the subject health professional ) in a health profession; and
(b) the health professions tribunal receives another application (a later application ) relating to a health professional regulated by the same health profession board as the subject health professional.
(2) If the requirements of section 42 (2) are met, the health professions tribunal panel for the first application may, but need not, deal with the later application.
Note The health professions tribunal president is responsible for ensuring the orderly and prompt discharge of the tribunal's business (see s 41C (1)).
[1.7] New sections 44A and 44B
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44A What happens if presidential member unavailable after tribunal panel hearing started?
(1) This section applies if a health professions tribunal panel formed under section 42 (1) (b) for an application in relation to a health professional in a health profession—
(a) starts to deal with the application; and
(b) the presidential member stops being available for the panel for any reason.
(2) If the parties to the application agree and the president of the tribunal does not give a direction under section 41C (Role of president of tribunal) to form a new panel to deal with the application, the application may be dealt with by the remaining members of the panel.
44B What happens if non-presidential member unavailable after tribunal panel hearing started?
(1) This section applies if a health professions tribunal panel formed under section 42 (1) (b) for an application in relation to a health professional in a health profession—
(a) starts to deal with the application; and
(b) a non-presidential member stops being available for the panel for any reason.
(2) The presidential member and the remaining member (if any) may continue to deal with the application if the presidential member considers it appropriate to do so.
Note The presidential member decides questions of law arising in a proceeding (see s 63 (2)). If the presidential member and the remaining member of the health professions tribunal panel cannot agree about a question other than a question of law, the presidential member's decision is the decision of the tribunal (see s 63 (4)).
[1.8] New paragraph 58 (2) (ca)
insert
(ca) require a party to undergo stated medical, psychiatric or psychological assessment;
omit
3 months
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6 months
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62A Deciding applications for review of decision by board or panel
(1) This section applies if the tribunal is deciding an application for review of a decision of a health profession board or a professional standards panel (the original decision-maker ).
(2) The tribunal may exercise the functions given by this Act to the original decision-maker in relation to the application as if the decision had not been made.
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(m) require the person to pay the reasonable costs of hearing the application.
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(d) the provision, by mail order, or over the internet or by other electronic means, of manufactured aids to rehabilitation or surgical prosthetics and orthotics; or
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72A False representation of person as health professional
A registered health professional commits an offence if—
(a) the health professional represents that someone employed or engaged by the health professional is a registered health professional; and
(b) the representation is false; and
(c) the representation was made in the course of practising as a health professional.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
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73A Direction to engage in unprofessional conduct
A person commits an offence if—
(a) the person—
(i) employs a registered health professional; or
(ii) provides premises where the registered health professional practises in the profession; and
(b) the person directs the health professional to engage in conduct that, if engaged in, would contravene a standard of practice that applies to the health professional.
Maximum penalty: 50 penalty units.
[1.15] New sections 75A and 75B
in part 8, insert
75A Sale of optical lenses
(1) A person commits an offence if—
(a) the person supplies prescription spectacles or prescription contact lenses to someone else; and
(b) the person is not a registered optometrist.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2) In this section:
"prescription spectacles or" prescription contact lenses means spectacles (including sunglasses) or contact lenses prescribed in writing by a registered medical practitioner or registered optometrist.
"supply" includes sell by mail order or over the internet.
75B Standard of drugs
(1) A registered pharmacist must not use or supply, or allow the use or supply of, drugs or medicine—
(a) for drugs or medicine that are therapeutic goods—that do not conform with a standard applicable to the goods under the Therapeutic Goods Act 1989 (Cwlth); or
(b) for drugs or medicine (other than therapeutic goods) for which a standard is stated in the Australian Pharmaceutical Formulary—that are not of the standard required for the drugs or medicine in the Australian Pharmaceutical Formulary.
Maximum penalty: 50 penalty units.
(2) Strict liability applies to subsection (1) (a) and (b).
(3) In this section:
"standard", in relation to therapeutic goods—see the Therapeutic Goods Act 1989 (Cwlth).
"the Australian Pharmaceutical Formulary" means the latest edition of the Australian Pharmaceutical Formulary, published by the Pharmaceutical Society of Australia (the PSA ), as amended by any amendments published by the PSA since the last edition.
"therapeutic goods"—see the Therapeutic Goods Act 1989 (Cwlth).
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(5) An informed person need not divulge or communicate protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act, another territory law or another law applying in the ACT.
after section 129, insert
Part 13A Optometrists—authorisation for possession and use of poisons and restricted substances
129F ACT Optometrists Board—reviewable decisions
Each of the following decisions of the board is a reviewable decision :
(a) a decision under section 129C (1) to refuse to issue an optometrist drug authority;
(b) a decision under section 129C (3) to issue an optometrist drug authority subject to conditions;
(c) a decision under section 129C (4) to amend a condition of a registered optometrist's optometrist drug authority;
(d) a decision under section 129D (1) to issue an optometrist drug authority for a period less than the maximum period allowed under the ACT requirements;
(e) a decision under section 129D (2) to withdraw a registered optometrist's optometrist drug authority.
129G ACT Optometrists Board—review of decisions
Application may be made to the AAT for review of a reviewable decision.
129H ACT Optometrists Board—notification of decisions
(1) If the board makes a reviewable decision, it must give a written notice of the decision to each person affected by the decision.
(2) The notice must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989 , section 25B (1).
(commencement: immediately before the commencement of the Health Professionals Act 2004 , section 136 (1) (h))
[1.18] New sections 130A to 130C
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130A Pharmacists—record of prescriptions
(1) A registered pharmacist must keep a record of every prescription dispensed, compounded or made up by the pharmacist.
(2) The record must be made as prescribed by the Poisons Regulation 1993 , section 4.
130B Medical practitioner etc may dispense medicines
A registered dentist, registered medical practitioner or registered veterinary surgeon may compound or dispense any medicine or drug for a patient or animal under his or her professional care without becoming a registered pharmacist.
130C Restrictions on supply of certain medicines etc
(1) A person commits an offence if—
(a) the person is not—
(i) a registered medical practitioner; or
(ii) an authorised nurse practitioner; or
(iii) acting in accordance with a registered medical practitioner's direct instructions to the person; and
(b) the person intentionally attends on, prescribes for, or supplies a substance or instrument to, someone else—
(i) for the treatment or cure of a sexual health condition (whether or not the other person has the condition); or
(ii) to influence the course of a pregnancy.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2) Absolute liability applies to subsection (1) (a) (i).
(3) Strict liability applies to subsection (1) (a) (ii) and (iii).
(4) Subsection (1) does not apply to—
(a) a registered pharmacist who dispenses a substance or instrument to someone else under a prescription given by a registered medical practitioner or authorised nurse practitioner; or
(b) a registered pharmacist who, in the ordinary course of the pharmacist's business, sells or supplies a substance or instrument (other than a substance or instrument prescribed by regulation) for a purpose other than a purpose mentioned in subsection (1) (b).
(5) In this section:
"authorised nurse practitioner" means a registered nurse practitioner who is the occupant of a nurse practitioner position acting within the scope of practice for the position.
"nurse practitioner position"—see the Health Act 1993 , section 195 (2).
"scope of practice"—see the Health Act 1993 , section 195 (2).
"sexual health condition" means—
(a) a sexually transmitted disease; or
(b) a disease affecting a reproductive organ or function; or
(c) impotence; or
(d) an ailment relating to sexual intercourse.
"sexually transmitted disease" means—
(a) chancroid, chlamydial disease, donovanosis, gonorrhoea, HIV/AIDS, lymphogranuloma venereum or syphilis; or
(b) a disease prescribed by regulation.
(commencement: on the commencement of the Health Professionals Act 2004 , section 136 (1) (i))
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150L Nurses Act, s 82 (1) notice—transitional
(1) The Legislation Act, section 19 (1) (e) (Contents of register) does not apply to the following notifiable instruments:
• Notice in accordance with section 82 of the Nurses Act 1988 NI2000-241
• Nurses (Decision of Board) Notice 2004 NI2004-208
• Nurses (Decision of Board) Notice 2004 (No 2) NI2004-454
• Nurses (Decision of Board) Notice 2005 NI2005-425.
(2) This section expires on the day it commences.
(3) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
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151 Transitional regulations
A regulation may prescribe savings or transitional matters necessary or convenient to be prescribed because of the enactment of this Act or the Health Professionals Legislation Amendment Act 2006 (No 2) .
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153 Expiry—pt 15
This part expires on 9 January 2009.
[1.22] Dictionary, new definition of deals with
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"deals with", a matter—a health professions tribunal panel deals with a matter if the panel does 1 or more of the following:
(a) hears the matter;
(b) decides the matter;
(c) makes an order in relation to the matter;
(d) exercises any other function of the tribunal in relation to the matter.
[1.23] Dictionary, new definition of health professions representative list
insert
"health professions representative list" means
the list kept by the president of the health professions tribunal under
section 43.