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HEALTH LEGISLATION (AMENDMENT) BILL 2002

                 PARLIAMENT OF VICTORIA

         Health Legislation (Amendment) Act 2002
                                 Act No.


                        TABLE OF PROVISIONS
Clause                                                                Page
  1.     Purpose                                                         1
  2.     Commencement                                                    2
  3.     Nurse practitioners                                             2
  4.     Health Services Act--patient information                        3
  5.     Human Tissue Act--new section 39A inserted                      4
         39A. Recovery of certain costs of tissue banks                  4
  6.     Human Tissue Act--regulations                                   4
  7.     Lord Mayor's Charitable Fund--Board members                     5
  8.     New section 34 inserted                                         5
         34.      Further transitional                                   5
  9.     Mental Health Act--apprehension of mentally ill persons         6
  10.    Mental Health Act--patient information                          7
  11.    Nurses Act--qualifications                                      8
  12.    Statute law revision                                            9
                             

ENDNOTES                                                                10




                                     i
541311B.I1-18/10/2002                        BILL LA CIRCULATION 25-10-2004

 


 

PARLIAMENT OF VICTORIA Initiated in Assembly 16 October 2002 A BILL 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. Health Legislation (Amendment) Act 2002 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 5 Services Act 1988, the Human Tissue Act 1982, the Lord Mayor's Charitable Fund Act 1996, 1 541311B.I1-18/10/2002 BILL LA CIRCULATION 25-10-2004

 


 

Health Legislation (Amendment) Act 2002 s. 2 Act No. the Mental Health Act 1986 and the Nurses Act 1993. 2. Commencement (1) This Act, except section 5, comes into operation 5 on the day after the day on which it receives the Royal Assent. (2) Subject to sub-section (3), section 5 comes into operation on a day to be proclaimed. (3) If section 5 does not come into operation before 10 1 June 2003, it comes into operation on that day. 3. Nurse practitioners See: After section 14(2) of the Drugs, Poisons and Act No. Controlled Substances Act 1981 insert-- 9719/1981. Reprint No. 6 "(3) If the Nurses Board of Victoria established as at 14 February 15 under the Nurses Act 1993 has imposed in 2002 and relation to the practice of a nurse practitioner amending Act No. conditions, limitations or restrictions 11/2002. including a condition, limitation or LawToday: www.dms. restriction prohibiting the prescription of any dpc.vic. 20 drug or substance or class of drugs or gov.au 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 25 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 30 or drug of dependence or the poisons or controlled substances or drugs of dependence to which the condition, limitation or restriction relates.". 2 541311B.I1-18/10/2002 BILL LA CIRCULATION 25-10-2004

 


 

Health Legislation (Amendment) Act 2002 s. 4 Act No. 4. Health Services Act--patient information See: (1) In section 141 of the Health Services Act 1988-- Act No. 49/1988. (a) in sub-section (1), in the definition of Reprint No. 7 "person to whom this section applies" for as at 15 July 2001 5 "person to whom this section applies" and substitute "relevant person"; amending Act Nos (b) in sub-section (2), for "person to whom this 2/2001, 51/2001, section applies" (wherever occurring) 11/2002 and substitute "relevant person". 23/2002. LawToday: 10 www.dms. (2) After section 141(2A) of the Health Services Act dpc.vic. 1988 insert-- gov.au "(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 15 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 20 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)"; 25 (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) or 2.2(l)"; (c) in sub-section (3), after paragraph (eb) insert-- 30 "(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 35 relevant health service or a person who 3 541311B.I1-18/10/2002 BILL LA CIRCULATION 25-10-2004

 


 

Health Legislation (Amendment) Act 2002 s. 5 Act No. 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"; 5 (d) in sub-section (5)(a), omit "employed or". 5. Human Tissue Act--new section 39A inserted See: After section 39 of the Human Tissue Act 1982 Act No. insert-- 9860/1982. Reprint No. 2 "39A. Recovery of certain costs of tissue banks as at 14 November 10 (1) A person who owns or controls a tissue bank 1996 and prescribed by the regulations may charge an amending amount to recover the reasonable costs Act Nos 63/1995, associated with the removal, evaluation, 12/1998 and storage, processing at the tissue bank and 27/2001. LawToday: 15 distribution from the tissue bank of tissue www.dms. removed in accordance with this Act. dpc.vic. gov.au (2) Section 38(1) does not apply to a person who only charges an amount in accordance with sub-section (1). 20 (3) Section 39(1) does not apply to a person who only pays an amount charged in accordance with sub-section (1).". 6. Human Tissue Act--regulations At the end of section 46 of the Human Tissue 25 Act 1982 insert-- "(2) The regulations-- (a) may be of general or limited application; and (b) may differ according to differences in 30 time, place or circumstance.". 4 541311B.I1-18/10/2002 BILL LA CIRCULATION 25-10-2004

 


 

Health Legislation (Amendment) Act 2002 s. 7 Act No. 7. Lord Mayor's Charitable Fund--Board members See: (1) In section 11(b)(i) of the Lord Mayor's Act No. Charitable Fund Act 1996, for "one year" 54/1996. LawToday: substitute "2 years". www.dms. dpc.vic. 5 (2) In section 12(1)(b), (2)(b) and (3) of the Lord gov.au Mayor's Charitable Fund Act 1996, for "the annual" substitute "the second annual". 8. New section 34 inserted After section 33 of the Lord Mayor's Charitable 10 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 7 of the Health 15 Legislation (Amendment) Act 2002 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 20 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 25 section 7 of the Health Legislation (Amendment) Act 2002 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. 30 (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).". 5 541311B.I1-18/10/2002 BILL LA CIRCULATION 25-10-2004

 


 

Health Legislation (Amendment) Act 2002 s. 9 Act No. 9. Mental Health Act--apprehension of mentally ill persons See: (1) In section 10(3) of the Mental Health Act 1986 Act No. after "practitioner" insert "or a mental health 59/1986. 5 Reprint No. 7 practitioner". as at 1 July 2002 (2) In section 10 of the Mental Health Act 1986, for and sub-sections (4) and (5) substitute-- amending Act Nos '(4) A member of the police force must, as soon 67/1998 and 41/2002. as practicable after apprehending a person LawToday: 10 under sub-section (1), arrange for-- www.dms. dpc.vic. gov.au (a) an examination of the person by a registered medical practitioner; or (b) an assessment of the person by a mental health practitioner. 15 (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-- 20 (i) arrange for an examination of the person by a registered medical practitioner; or (ii) release the person from apprehension under this section; 25 or (b) complete an authority to transport the person to an approved mental health service in accordance with section 9(7A). 30 (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 6 541311B.I1-18/10/2002 BILL LA CIRCULATION 25-10-2004

 


 

Health Legislation (Amendment) Act 2002 s. 10 Act No. 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 5 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. 10 (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. 15 (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 20 (b) any other powers of a member of the police force in relation to that person. (10) In this section, "mental health practitioner" has the same meaning as in section 9.'. 25 10. 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 30 "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"; 7 541311B.I1-18/10/2002 BILL LA CIRCULATION 25-10-2004

 


 

Health Legislation (Amendment) Act 2002 s. 11 Act No. (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)" 5 substitute "2.2(a), 2.2(f), 2.2(h), 2.2(k) or 2.2(l)"; (e) in sub-section (3), after paragraph (ea) insert-- "(eb) to the giving of information relating to 10 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 15 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". 20 11. Nurses Act--qualifications See: In section 6(2) of the Nurses Act 1993 for Act No. paragraph (a) substitute-- 111/1993. Reprint No. 3 "(a) has successfully completed a course as at 1 January approved by the Board or an examination set 2002 and 25 by the Board or, if the Board so requires, amending Act Nos both a course approved by the Board and an 2/2001, examination set by the Board; or 11/2002 and 14/2002. (ab) has successfully completed units in a course LawToday: www.dms. of study accredited by the Board for the dpc.vic. 30 purposes of sub-section (1) that the Board is gov.au satisfied are substantially equivalent or based on similar competencies to a course or examination to which paragraph (a) applies; or". 8 541311B.I1-18/10/2002 BILL LA CIRCULATION 25-10-2004

 


 

Health Legislation (Amendment) Act 2002 s. 12 Act No. 12. Statute law revision (1) In sections 35A and 35(2A) of the Drugs, Poisons and Controlled Substances Act 1981 for "Chief General Manager" (wherever occurring) 5 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."; 10 (c) in section 21(1) omit "46."; (d) in section 27(1) omit "57."; (e) in section 28(1) omit "58.". 9 541311B.I1-18/10/2002 BILL LA CIRCULATION 25-10-2004

 


 

Health Legislation (Amendment) Act 2002 Endnotes Act No. ENDNOTES By Authority. Government Printer for the State of Victoria. 10 541311B.I1-18/10/2002 BILL LA CIRCULATION 25-10-2004

 


 

 


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