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HEALTH PRACTITIONER REGULATION NATIONAL LAW (QUEENSLAND) - As at 15 May 2023 - Act hprnlq of 2009


TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Objectives
   3A.     Guiding principles
   4.      How functions to be exercised
   5.      Definitions
   6.      Interpretation generally
   7.      Single national entity
   8.      Extraterritorial operation of Law
   9.      Trans-Tasman mutual recognition principle
   9A.     Regulation-making power
   10.     Law binds the State

   PART 2 - MINISTERIAL COUNCIL

   11.     Policy directions
   12.     Approval of registration standards
   13.     Approvals in relation to specialist registration
   14.     Approval of endorsement in relation to scheduled medicines
   15.     Approval of areas of practice for purposes of endorsement
   16.     How Ministerial Council exercises functions
   17.     Notification and publication of directions and approvals

   PART 3 - (Repealed)

   PART 4 - AUSTRALIAN HEALTH PRACTITIONER REGULATION AGENCY

           Division 1 - National Agency

   23.     National Agency
   24.     General powers of National Agency
   25.     Functions of National Agency
   26.     Health profession agreements
   26A.    Complaints element of fees to be paid to health ombudsman
   27.     Co-operation with participating jurisdictions and Commonwealth
   28.     Office of National Agency

           Division 2 - Agency Board

   29.     Agency Board
   30.     Functions of Agency Board

   PART 5 - NATIONAL BOARDS

           Division 1 - National Boards

   31.     Regulations must provide for National Boards
   31A.    Status of National Board
   32.     Powers of National Board
   33.     Membership of National Boards
   34.     Eligibility for appointment

           Division 2 - Functions of National Boards

   35.     Functions of National Boards
   36.     State and Territory Boards
   37.     Delegation of functions

           Division 3 - Registration standards and codes and guidelines

   38.     National board must develop registration standards
   39.     Codes and guidelines
   40.     Consultation about registration standards, codes and guidelines
   41.     Use of registration standards, codes or guidelines in disciplinary proceedings

   PART 6 - ACCREDITATION

           Division 1 - Preliminary

   42.     Definition

           Division 2 - Accreditation authorities

   43.     Accreditation authority to be decided
   44.     National Agency may enter into contracts with external accreditation entities
   45.     Accreditation processes to be published

           Division 3 - Accreditation functions

   46.     Development of accreditation standards
   47.     Approval of accreditation standards
   48.     Accreditation of programs of study
   49.     Approval of accredited programs of study
   50.     Accreditation authority to monitor approved programs of study
   51.     Changes to approval of program of study

   PART 7 - REGISTRATION OF HEALTH PRACTITIONERS

           Division 1 - General registration

   52.     Eligibility for general registration
   53.     Qualifications for general registration
   54.     Examination or assessment for general registration
   55.     Unsuitability to hold general registration
   56.     Period of general registration

           Division 2 - Specialist registration

   57.     Eligibility for specialist registration
   58.     Qualifications for specialist registration
   59.     Examination or assessment for specialist registration
   60.     Unsuitability to hold specialist registration
   61.     Period of specialist registration

           Division 3 - Provisional registration

   62.     Eligibility for provisional registration
   63.     Unsuitability to hold provisional registration
   64.     Period of provisional registration

           Division 4 - Limited registration

   65.     Eligibility for limited registration
   66.     Limited registration for postgraduate training or supervised practice
   67.     Limited registration for area of need
   68.     Limited registration in public interest
   69.     Limited registration for teaching or research
   70.     Unsuitability to hold limited registration
   71.     Limited registration not to be held for more than one purpose
   72.     Period of limited registration

           Division 5 - Non-practising registration

   73.     Eligibility for non-practising registration
   74.     Unsuitability to hold non-practising registration
   75.     Registered health practitioner who holds non-practising registration must not practise the profession
   76.     Period of non-practising registration

           Division 6 - Application for registration

   77.     Application for registration
   78.     Power to check applicant’s proof of identity
   79.     Power to check applicant’s criminal history
   80.     Boards’ other powers before deciding application for registration
   81.     Applicant may make submissions about proposed refusal of application or imposition of condition
   82.     Decision about application
   83.     Conditions of registration
   83A.    Undertakings at registration
   84.     Notice to be given to applicant
   85.     Failure to decide application

           Division 6A - Withdrawal of registration

   85A.    Power to withdraw registration
   85B.    Registered health practitioner may make submissions about proposed withdrawal of registration
   85C.    Decision about withdrawal of registration
   85D.    Notice to be given to registered health practitioner
   85E.    When decision takes effect

           Division 7 - Student registration

              Subdivision 1 - Persons undertaking approved programs of study

   86.     Definitions
   87.     National Board must register persons undertaking approved program of study
   88.     National Board may ask education provider for list of persons undertaking approved program of study
   89.     Registration of students
   90.     Period of student registration

              Subdivision 2 - Other persons to be registered as students

   91.     Education provider to provide lists of persons

              Subdivision 3 - General provisions applicable to students

   92.     Notice to be given if student registration suspended or condition imposed
   93.     Report to National Board of cessation of status as student

           Division 8 - Endorsement of registration

              Subdivision 1 - Endorsement in relation to scheduled medicines

   94.     Endorsement for scheduled medicines

              Subdivision 2 - Endorsement in relation to nurse practitioners

   95.     Endorsement as nurse practitioner

              Subdivision 3 - (Repealed)

              Subdivision 4 - Endorsement in relation to acupuncture

   97.     Endorsement for acupuncture

              Subdivision 5 - Endorsements in relation to approved areas of practice

   98.     Endorsement for approved area of practice

              Subdivision 6 - Application for endorsement

   99.     Application for endorsement
   100.    Boards’ other powers before deciding application for endorsement
   101.    Applicant may make submissions about proposed refusal of application or imposition of condition
   102.    Decision about application
   103.    Conditions of endorsement
   103A.   Undertakings at endorsement
   104.    Notice of decision to be given to applicant
   105.    Period of endorsement
   106.    Failure to decide application for endorsement

           Division 9 - Renewal of registration

   107.    Application for renewal of registration or endorsement
   108.    Registration taken to continue in force
   109.    Annual statement
   110.    National Board’s powers before making decision
   111.    Applicant may make submissions about proposed refusal of application for renewal or imposition of condition
   112.    Decision about application for renewal

           Division 10 - Title and practice protections

              Subdivision 1 - Title protections

   113.    Restriction on use of protected titles
   114.    Use of title “acupuncturist”
   115.    Restriction on use of specialist titles
   116.    Claims by persons as to registration as health practitioner
   117.    Claims by persons as to registration in particular profession or division
   118.    Claims by persons as to specialist registration
   119.    Claims about type of registration or registration in recognised specialty
   120.    Registered health practitioner registered on conditions

              Subdivision 2 - Practice protections

   121.    Restricted dental acts
   122.    Restriction on prescription of optical appliances
   123.    Restriction on spinal manipulation

           Division 11 - Miscellaneous

              Subdivision 1 - Certificates of registration

   124.    Issue of certificate of registration

              Subdivision 2 - Review of conditions and undertakings

   125.    Changing or removing conditions or undertaking on application by registered health practitioner or student
   126.    Changing conditions on Board’s initiative
   127.    Removal of condition or revocation of undertaking
   127A.   When matters under this subdivision may be decided by review body of a co-regulatory jurisdiction

              Subdivision 3 - Obligations of registered health practitioners and students

   128.    Continuing professional development
   129.    Professional indemnity insurance arrangements
   130.    Registered health practitioner or student to give National Board notice of certain events
   131.    Change in principal place of practice, address or name
   132.    National Board may ask registered health practitioner for practice information

              Subdivision 4 - Advertising

   133.    Advertising

              Subdivision 5 - Board’s powers to check identity and criminal history

   134.    Evidence of identity
   135.    Criminal history check

              Subdivision 6 - General

   136.    Directing or inciting unprofessional conduct or professional misconduct
   137.    Surrender of registration

   PART 8 - HEALTH, PERFORMANCE AND CONDUCT

           Division 1 - Preliminary

   138.    Application of Part to persons who are registered health practitioners
   139.    Proceedings in relation to practitioner’s behaviour while temporarily unregistered
   139A.   Application of Part to persons who were registered health practitioners
   139B.   Application of Part to persons who were registered under corresponding prior Act
   139C.   Meanings of complainant and complaint

           Division 2 - Mandatory notifications

   139D.   Application of div 2 to this jurisdiction
   140.    Definition of notifiable conduct
   141.    Mandatory notifications by health practitioners other than treating practitioners
   141A.   Mandatory notifications by treating practitioners of sexual misconduct
   141B.   Mandatory notifications by treating practitioners of substantial risk of harm to public
   141C.   When practitioner does not form reasonable belief in course of providing health service
   142.    Mandatory notifications by employers
   143.    Mandatory notifications by education providers

           Division 3 - Voluntary notifications

   143A.   Application of div 3 to this jurisdiction
   144.    Grounds for voluntary notification
   145.    Who may make voluntary notification

           Division 4 - Dealing with notifications
           Editor’s note—

   146.    Notifications to be dealt with under Health Ombudsman Act 2013
   147.    (Repealed)

           Division 5 - Matters referred to the National Agency by the health ombudsman
           Editor’s note—

   148.    Application of div 5
   149.    Referral of matter to National Board
   150.    Preliminary assessment
   150A.   Power to require information
   150B.   Inspection of documents
   150C.   Referral to other entities
   151.    When National Board may decide to take no further action
   152.    (Repealed)

           Division 6 - Other matters

   153.    National Board may deal with referred matters about same person together
   154.    National Boards may deal with referred matters collaboratively

           Division 7 - Immediate action

   155.    Definition
   156.    Power to take immediate action
   157.    Show cause process
   158.    Notice to be given to registered health practitioner or student about immediate action
   159.    Period of immediate action
   159A.   Board may give information to complainant about immediate action

           Division 7B - Public statements

   159P.   Definition
   159Q.   Making of public statement
   159R.   Show cause process for public statement
   159S.   Revision of public statement by regulatory body
   159T.   Revocation of public statement

           Division 8 - Investigations

              Subdivision 1 - Preliminary

   160.    When investigation may be conducted
   161.    Registered health practitioner or student to be given notice of investigation
   162.    Investigation to be conducted in timely way

              Subdivision 2 - Investigators

   163.    Appointment of investigators
   164.    Identity card
   165.    Display of identity card

              Subdivision 3 - Procedure after investigation

   166.    Investigator’s report about investigation
   167.    Decision by National Board
   167A.   Board may give information to complainant about result of investigation

           Division 9 - Health and performance assessments

   168.    Definition
   169.    Requirement for health assessment
   170.    Requirement for performance assessment
   171.    Appointment of assessor to carry out assessment
   172.    Notice to be given to registered health practitioner or student about assessment
   173.    Assessor may require information or attendance
   174.    Inspection of documents
   175.    Report from assessor
   176.    Copy of report to be given to health practitioner or student
   177.    Decision by National Board
   177A.   Board may give information to complainant about decision following assessor’s report

           Division 10 - Action by National Board

   178.    National Board may take action
   179.    Show cause process
   180.    Notice to be given to health practitioner or student and complainant

           Division 11 - Panels

   181.    Establishment of health panel
   182.    Establishment of performance and professional standards panel
   183.    List of approved persons for appointment to panels
   184.    Notice to be given to registered health practitioner or student
   185.    Procedure of panel
   186.    Legal representation
   187.    Submission by complainant
   188.    Panel may proceed in absence of registered health practitioner or student
   189.    Hearing not open to the public
   190.    Referral to Board for notification to health ombudsman
   190A.   Referral to Board for referral to responsible tribunal
   191.    Decision of panel
   191A.   Decision of panel after reconsideration of suspension
   191B.   Change of reconsideration date for suspension of registration
   192.    Notice to be given about panel’s decision

           Division 12 - Referring matter to health ombudsman and responsible tribunals
           Editor’s note—

              Subdivision 1 - Matters to be referred
              Editor’s note—

   193.    Health ombudsman to be notified about particular serious matters
   193A.   Referrals to health ombudsman
   193B.   Referrals to responsible tribunal
   193C.   National Board may decide not to refer certain matters

              Subdivision 2 - Proceedings referred to responsible tribunal by a National Board
              Editor’s note—

   194.    Application of sdiv 2
   195.    (Repealed)
   196.    Decision by responsible tribunal about registered health practitioner
   196A.   Offences relating to prohibition orders
   197.    Decision by responsible tribunal about student
   198.    Relationship with Act establishing responsible tribunal

           Division 13 - Appeals

   199.    Appellable decisions
   200.    Parties to the proceedings
   201.    (Repealed)
   202.    (Repealed)
   203.    (Repealed)

           Division 14 - Miscellaneous

   204.    Notice from responsible tribunal
   205.    Implementation of decisions
   206.    National Board to give notice to registered health practitioner’s employer and other entities
   206A.   National board to give notice to health ombudsman about health, conduct or performance action
   206B.   National Agency or Board to give other information to health ombudsman on request
   207.    Effect of suspension

   PART 9 - FINANCE

   208.    Australian Health Practitioner Regulation Agency Fund
   209.    Payments into Agency Fund
   210.    Payments out of Agency Fund
   211.    Investment of money in Agency Fund
   212.    Financial management duties of National Agency and National Boards

   PART 10 - INFORMATION AND PRIVACY

           Division 1A - Australian Information Commissioner

   212A.   Application of Commonwealth AIC Act

           Division 1 - Privacy

   213.    Application of Commonwealth Privacy Act

           Division 2 - Disclosure of information and confidentiality

   214.    Definition
   215.    Application of Commonwealth FOI Act
   216.    Duty of confidentiality
   217.    Disclosure of information for workforce planning
   218.    Disclosure of information for information management and communication purposes
   219.    Disclosure of information to other Commonwealth, State and Territory entities
   220.    Disclosure to protect health or safety of patients or other persons
   220A.   Disclosure of information about registered health practitioners to protect health or safety of persons
   220B.   Disclosure of information about unregistered persons to protect health or safety of persons
   221.    Disclosure to registration authorities

           Division 3 - Registers in relation to registered health practitioner

   222.    Public national registers
   223.    Specialists Registers
   224.    Way registers are to be kept
   225.    Information to be recorded in National Register
   226.    National Board may decide not to include or to remove certain information in register
   227.    Register about former registered health practitioners
   228.    Inspection of registers

           Division 4 - Student registers

   229.    Student registers
   230.    Information to be recorded in student register

           Division 5 - Other records

   231.    Other records to be kept by National Boards
   232.    Record of adjudication decisions to be kept and made publicly available

           Division 6 - Unique identifier

   233.    Unique identifier to be given to each registered health practitioner

   PART 11 - MISCELLANEOUS

           Division 1 - Provisions relating to persons exercising functions under Law

   234.    General duties of persons exercising functions under this Law
   235.    Application of Commonwealth Ombudsman Act
   236.    Protection from personal liability for persons exercising functions
   237.    Protection from liability for persons making notification or otherwise providing information

           Division 2 - Inspectors

   238.    Functions and powers of inspectors
   239.    Appointment of inspectors
   240.    Identity card
   241.    Display of identity card

           Division 3 - Legal proceedings

   241A.   Proceedings for indictable offences
   242.    Proceedings for other offences
   243.    Conduct may constitute offence and be subject of disciplinary proceedings
   244.    Evidentiary certificates

           Division 4 - Regulations

   245.     National regulations
   246.    Parliamentary scrutiny of national regulations
   247.    Effect of disallowance of national regulation

           Division 5 - Miscellaneous

   248.    Combined notice may be given
   249.    Fees

   PART 12 - TRANSITIONAL PROVISIONS

           Division 1 - Preliminary

   250.    Definitions
   251.    References to registered health practitioners

           Division 2 - Ministerial Council

   252.    Directions given by Ministerial council
   253.    Accreditation functions exercised by existing accreditation entities
   254.    Health profession standards approved by Ministerial Council
   255.    Accreditation standards approved by National Board

           Division 3 - Advisory Council

   256.    Members of Advisory Council

           Division 4 - National Agency

   257.    Health profession agreements
   258.    Service agreement

           Division 5 - Agency Management Committee

   259.    Members of Agency Management Committee

           Division 6 - Staff, consultants and contractors of National Agency

   260.    Chief executive officer
   261.    Staff
   262.    Consultants and contractors

           Division 7 - Reports

   263.    Annual report

           Division 8 - National Boards

   264.    Members of National Boards
   265.    Committees
   266.    Delegation

           Division 9 - Agency Fund

   267.    Agency Fund

           Division 10 - Offences

   268.    Offences

           Division 11 - Registration

   269.    General registration
   270.    Specialist registration
   271.    Provisional registration
   272.    Limited registration
   273.    Limited registration (public interest-occasional practice)
   274.    Non-practising registration
   275.    Registration for existing registered students
   276.    Registration for new students
   277.    Other registrations
   278.    Endorsements
   279.    Conditions imposed on registration or endorsement
   280.    Expiry of registration and endorsement
   281.    Protected titles for certain specialist health practitioners
   282.    First renewal of registration or endorsement
   283.    Programs of study
   284.    Exemption from requirement for professional indemnity insurance arrangements for midwives practising private midwifery

           Division 12 - Applications for registration and endorsement

   285.    Applications for registration
   286.    Applications for endorsement
   287.    Disqualifications and conditions relevant to applications for registration

           Division 13 - Complaints, notifications and disciplinary proceedings

   288.    Complaints and notifications made but not being dealt with on participation day
   289.    Complaints and notifications being dealt with on participation day
   290.    Effect of suspension
   291.    Undertakings and other agreements
   292.    Orders
   293.    List of approved persons

           Division 14 - Local registration authority

   294.    Definition
   295.    Assets and liabilities
   296.    Records relating to registration and accreditation
   297.    Financial and administrative records
   298.    Pharmacy businesses and premises
   299.    Members of local registration authority

           Division 15 - Staged commencement for certain health professions

   300.    Application of Law to relevant health profession between commencement and 1 July 2012
   301.    Ministerial Council may appoint external accreditation entity
   302.    Application of Law to appointment of first National Board for relevant professions
   303.    Qualifications for general registration in relevant profession
   304.    Relationship with other provisions of Law

           Division 16 - (Repealed)

   PART 12A - TRANSITIONAL PROVISIONS FOR HEALTH OMBUDSMAN ACT 2013
   Editor’s note—

   305A.   Definitions for pt 12A
   305B.   Payment of complaints element of fees by National Agency
   305C.   Mandatory notifications by health practitioners
   305D.   Current notifications not yet referred to National Boards or other entities
   305E.   Current notifications about serious matters
   305F.   Current notifications dealt with by relevant National Board
   305G.   Notifications recorded by National Board

   PART 13 - TRANSITIONAL AND OTHER PROVISIONS FOR HEALTH PRACTITIONER REGULATION NATIONAL LAW AND OTHER LEGISLATION AMENDMENT ACT 2017

           Division 1 - Paramedicine Board and registration of paramedics

   306.    Definitions
   307.    Establishment of Paramedicine Board
   308.    Powers and functions of Paramedicine Board
   309.    Paramedicine Board taken to be a National Board for stated matters
   310.    CAA accredited programs of study
   311.    Qualifications for general registration in paramedicine for a limited period
   312.    Accepted qualification for general registration in paramedicine
   313.    Provisions that apply to student registration for Diploma of Paramedical Science
   314.    Applications for registration in paramedicine and period of registration
   315.    Applications for registration in paramedicine made but not decided before participation day
   316.    Period after participation day during which an individual does not commit an offence under ss 113 and 116
   317.    Application of ss 113 and 116 to individual temporarily practising paramedicine in another jurisdiction

           Division 2 - Other transitional provisions

   318.    Deciding review period for decision on application made under section 125 before commencement
   319.    Deciding review period for decision after notice given under section 126 before commencement
   320.    Membership of continued National Boards
   321.    Offences relating to prohibition orders made before commencement
   322.    Register to include prohibition orders made before commencement
   323.    Public national registers

   PART 14 - TRANSITIONAL PROVISIONS FOR HEALTH PRACTITIONER REGULATION NATIONAL LAW AND OTHER LEGISLATION AMENDMENT ACT 2022

   324.    Renaming of Agency Management Committee
   325.    Saving of endorsement of midwife practitioner
           Schedule 1 (Repealed)
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7


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