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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
HEALTH PRACTITIONERS
(SPECIAL EVENTS
EXEMPTION) BILL 1998
Queensland
HEALTH PRACTITIONERS (SPECIAL
EVENTS EXEMPTION) BILL 1998
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Main purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--INTERPRETATION
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Meaning of "visiting health practitioner" . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Meaning of "visitor" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 3--SPECIAL EVENTS EXEMPTION FOR VISITING
HEALTH PRACTITIONERS
6 Special events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Provision of health care services by visiting health practitioners . . . . . . . . 6
8 Conditions on provision of health care services by visiting health
practitioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9 Issue of prescriptions and supply of certain substances . . . . . . . . . . . . . . . . 6
10 Storage of restricted or controlled drugs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 Exemptions relating to offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 4--MONITORING
12 Monitoring the prescribing and supplying of certain substances . . . . . . . . . 9
13 Dispensers to forward copies of prescriptions . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 5--MISCELLANEOUS
14 Complaints about visiting health practitioners . . . . . . . . . . . . . . . . . . . . . . . 9
15 Act does not limit the practice of local health practitioners . . . . . . . . . . . . 10
16 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
17 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
Health Practitioners (Special Events Exemption)
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 11
DICTIONARY
1998
A BILL
FOR
An Act to allow visiting health practitioners to provide health care
services in the State for special events without becoming
registered under State law, and for other purposes
s1 4 s4
Health Practitioners (Special Events Exemption)
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Health Practitioners (Special Events 4
Exemption) Act 1998. 5
purpose of Act 6
Main
2. The main purpose of this Act is to allow for exempting visiting health 7
practitioners from having to register under State law when in the State for 8
particular sporting, cultural or other events. 9
ART 2--INTERPRETATION 10
P
11
Definitions
3. The dictionary in the schedule defines particular words used in this 12
Act. 13
of "visiting health practitioner" 14
Meaning
4. A person is a "visiting health practitioner" if-- 15
(a) the person is an individual who is a resident of another country; 16
and 17
(b) the person is appointed, employed, contracted or otherwise 18
engaged to provide health care services to a visitor; and 19
(c) notification is given of the person's intention to provide the health 20
care services in the State to the visitor under the procedure stated 21
in the special event notice for the special event concerned. 22
s5 5 s6
Health Practitioners (Special Events Exemption)
of "visitor" 1
Meaning
5. A person is a "visitor" if-- 2
(a) the person is a resident of another country who is in the State to 3
officially participate in, or prepare for, a special event; or 4
(b) the person is a resident of Australia who is in the State for a 5
purpose mentioned in paragraph (a) and is a member of a group 6
the majority of the members of which are persons mentioned in 7
paragraph (a) who are in the State for the same purpose. 8
PART 3--SPECIAL EVENTS EXEMPTION FOR 9
VISITING HEALTH PRACTITIONERS 10
events 11
Special
6.(1) The Minister may, by gazette notice (a "special event notice"), 12
declare a sporting, cultural or other event to be a special event for this Act. 13
(2) The notice must be for-- 14
(a) an event taking place, or to take place, in the State that the 15
Minister considers will attract a significant number of participants 16
from other countries; or 17
(b) an event taking place, or to take place, in another State that the 18
Minister considers will attract a significant number of participants 19
from other countries some of whom are likely to come to this 20
State to prepare for the event. 21
(3) The notice must state a period when an exemption under this Act has 22
effect for the special event (the "exemption period"). 23
(4) The exemption period for the special event may include a period 24
before or after the special event takes place. 25
(5) The notice must state a procedure for section 4(c) by which 26
notification is to be given of a person's intention to provide health care 27
services in the State to a visitor. 28
(6) The stated procedure may require the giving of information. 29
s7 6 s9
Health Practitioners (Special Events Exemption)
of health care services by visiting health practitioners 1
Provision
7.(1) A visiting health practitioner is authorised to provide health care 2
services to a visitor if the health practitioner has been appointed, employed, 3
contracted or otherwise engaged to provide the services for the visitor and 4
the notification for the practitioner mentioned in section 4(c) relates to the 5
visitor. 6
(2) Subsection (1) applies to a visiting health practitioner only-- 7
(a) during the exemption period for the special event to which the 8
notification relates; and 9
(b) while the health practitioner is complying with this Act and 10
conditions imposed under this Act. 11
on provision of health care services by visiting health 12
Conditions
practitioners 13
8. A special event notice may impose conditions on the provision of 14
health care services by a visiting health practitioner. 15
of prescriptions and supply of certain substances 16
Issue
9.(1) A special event notice may-- 17
(a) authorise a visiting health practitioner to issue prescriptions for a 18
restricted or controlled drug in the course of providing health care 19
services under this Act; and 20
(b) authorise a dispenser to dispense a restricted or controlled drug on 21
a prescription issued under paragraph (a); and 22
(c) authorise a visiting health practitioner to be supplied with an S2 or 23
S3 substance by wholesale for the practitioner to provide health 24
care services under this Act; and 25
(d) authorise a wholesaler to supply an S2 or S3 substance by 26
wholesale to a visiting health practitioner authorised under 27
paragraph (c). 28
(2) However a special event notice must not contain an authorisation 29
under subsection (1) unless the Minister is satisfied adequate arrangements 30
are in place to ensure the substance concerned will only be prescribed for 31
s 10 7 s 11
Health Practitioners (Special Events Exemption)
and supplied to persons to whom visiting health practitioners are authorised 1
to provide health care services under this Act. 2
(3) A special event notice may impose conditions on an authorisation 3
under this section conferred by the notice. 4
of restricted or controlled drugs 5
Storage
10. A visiting health practitioner must ensure a restricted or controlled 6
drug in the visiting health practitioner's possession is kept-- 7
(a) in a secure place under the visiting health practitioner's personal 8
control; and 9
(b) in accordance with written directions given to the practitioner by 10
the chief health officer. 11
relating to offences 12
Exemptions
11.(1) A visiting health practitioner does not commit an offence under a 13
health registration Act, the Health (Drugs and Poisons) Regulation 1996, 14
or the Drugs Misuse Act 1986 by1-- 15
(a) providing health care services authorised under this Act; or 16
(b) if a substance is a substance that may be lawfully possessed, 17
supplied or administered by a local health 18
practitioner--possessing, supplying or administering the 19
substance in the course of providing the authorised health care 20
services; or 21
(c) prescribing under this Act a restricted or controlled drug in the 22
course of providing the authorised health care services; or 23
(d) holding himself or herself out as being able to provide the 24
authorised health care services; or 25
(e) using a title, reference to a qualification, description, word, letter 26
1 A visiting health practitioner who provides health care services otherwise than in
accordance with section 7 of this Act loses the exemption given by section 11 in
relation to the commission of offences under a health registration Act, the Health
(Drugs and Poisons) Regulation 1996 or the Drugs Misuse Act 1986.
s 11 8 s 11
Health Practitioners (Special Events Exemption)
or symbol the visiting health practitioner ordinarily uses. 1
(2) A visitor does not commit an offence under the Health (Drugs and 2
Poisons) Regulation 1996 or the Drugs Misuse Act 1986, by doing any 3
thing, or possessing a substance, as a result of being provided with health 4
care services under this Act. 5
(3) A dispenser does not commit an offence under the Health (Drugs 6
and Poisons) Regulation 1996 by, under a prescription issued by a visiting 7
health practitioner, dispensing a restricted or controlled drug if-- 8
(a) the dispenser believes, on reasonable grounds, the health 9
practitioner is authorised under this Act to issue the prescription; 10
and 11
(b) the dispenser is authorised under this Act to dispense the drug on 12
the prescription of a visiting health practitioner authorised under 13
this Act to issue the prescription. 14
(4) A wholesaler does not commit an offence under the Health (Drugs 15
and Poisons) Regulation 1996 or the Drugs Misuse Act 1986, by supplying 16
an S2 or S3 substance by wholesale to a visiting health practitioner if-- 17
(a) the wholesaler believes, on reasonable grounds, the visiting health 18
practitioner is authorised under this Act to be supplied with the 19
substance by wholesale; and 20
(b) the wholesaler is authorised under this Act to supply the 21
substance by wholesale to a visiting health practitioner authorised 22
under this Act to be supplied with the substance by wholesale; 23
and 24
(c) the wholesaler is complying with the conditions to which the 25
person's licence is subject under the Health (Drugs and Poisons) 26
Regulation 1996. 27
s 12 9 s 14
Health Practitioners (Special Events Exemption)
ART 4--MONITORING 1
P
the prescribing and supplying of certain substances 2
Monitoring
12. The chief health officer must monitor the prescribing of restricted and 3
controlled drugs by visiting health practitioners, and the supplying of S2 4
and S3 substances by wholesalers, under a special event notice. 5
to forward copies of prescriptions 6
Dispensers
13.(1) This section applies to a dispenser who, under a special event 7
notice, dispenses a restricted or controlled drug. 8
(2) The dispenser must, within 14 days of dispensing the drug, give to 9
the chief health officer a copy of the prescription on which the drug was 10
dispensed. 11
Maximum penalty--40 penalty units. 12
(3) For subsection (2), the copy of the prescription must clearly show the 13
type and quantity of the drug to which the prescription relates. 14
ART 5--MISCELLANEOUS 15
P
about visiting health practitioners 16
Complaints
14.(1) A complaint may not be made about a visiting health practitioner 17
under the Health Rights Commission Act 1991 or a health registration Act 18
and no disciplinary action may be taken against a visiting health practitioner 19
under the Act. 20
(2) However, subsection (1) does not apply to a complaint for an offence 21
or prevent the bringing of proceedings for an offence. 22
(3) Subsection (1) does not apply to a visiting health practitioner who is 23
registered under a health registration Act. 24
s 15 10 s 17
Health Practitioners (Special Events Exemption)
does not limit the practice of local health practitioners 1
Act
15. This Act does not prejudice or affect the lawful occupation, trade or 2
business of a person in the person's capacity as a local health practitioner. 3
for offences 4
Proceedings
16. A proceeding for an offence against this Act may be taken in a 5
summary way under the Justices Act 1886. 6
power 7
Regulation-making
17. The Governor in Council may make regulations under this Act. 8
9
11
Health Practitioners (Special Events Exemption)
CHEDULE 1
¡S
ICTIONARY 2
D
section 3 3
"administer", a substance, means give a person a single treatment dose of 4
the substance. 5
"controlled drug" has the meaning given in the Health (Drugs and 6
Poisons) Regulation 1996.2 7
"dispense" means sell or offer to sell on prescription. 8
"dispenser" means a person who, under the Health (Drugs and Poisons) 9
Regulation 1996, may dispense a restricted or controlled drug. 10
"exemption period" see section 6(3). 11
"health care services" means services ordinarily provided by 12
chiropractors, dental prosthetists, dental technicians, dentists, medical 13
practitioners, nurses, occupational therapists, optometrists, osteopaths, 14
pharmacists, physiotherapists, podiatrists, psychologists and speech 15
pathologists and includes other services stated in a regulation. 16
"health registration Act" means any of the following Acts-- 17
· Chiropractors and Osteopaths Act 1979 18
· Dental Act 1971 19
· Dental Technicians and Dental Prosthetists Act 1991 20
· Medical Act 1939 21
· Nursing Act 1992 22
· Occupational Therapists Act 1979 23
2 Health (Drugs and Poisons) Regulation 1996, appendix 9--
"controlled drug" means an S8 substance.
See footnote 4 for meaning of "S8".
12
Health Practitioners (Special Events Exemption)
SCHEDULE (continued)
· Optometrists Act 1974 1
· Pharmacy Act 1976 2
· Physiotherapists Act 1964 3
· Podiatrists Act 1969 4
· Psychologists Act 1977 5
· Speech Pathologists Act 1979. 6
"local health practitioner" means a person registered under a health 7
registration Act. 8
"possess", a substance, includes-- 9
(a) have custody or control of the substance; or 10
(b) have an ability or right to obtain custody or control of the 11
substance. 12
"prepare" includes the following-- 13
(a) train; 14
(b) practise; 15
(c) rehearse; 16
(d) acclimatise. 17
"prescription" means a written direction authorising a dispenser to 18
dispense a stated restricted or controlled drug. 19
"restricted drug" has the meaning given in the Health (Drugs and 20
Poisons) Regulation 1996.3 21
3 Health (Drugs and Poisons) Regulation 1996, appendix 9--
"restricted drug" means--
(a) an S4 substance other than solasodine; and
(b) alkaloids and alkaloidal glycosides of plants of the genus solanum for
human therapeutic use.
See footnote 4 for meaning of "S4".
13
Health Practitioners (Special Events Exemption)
SCHEDULE (continued)
"S2 substance" or "S3 substance" means a substance classified S2 or S3 1
under the Health (Drugs and Poisons) Regulation 1996.4 2
"special event" means an event declared to be a special event by a special 3
event notice. 4
"special event notice" see section 6(1). 5
"supply" includes-- 6
(a) distribute, give or sell; and 7
(b) offer or agree to distribute, give or sell; and 8
(c) cause or permit to be distributed, given or sold; and 9
(d) attempt to supply or do an act mentioned in paragraphs (a) to (c). 10
"visiting health practitioner" see section 4. 11
"visitor" see section 5. 12
"wholesaler", in relation to the supply of an S2 or S3 substance, means a 13
person who, under the Health (Drugs and Poisons) Regulation 1996, 14
is licensed to supply the substance by wholesale. 15
16
4 Health (Drugs and Poisons) Regulation 1996, section 5, the expression "S2",
"S3", "S4", "S5", "S6", "S7", "S8" or "S9" means--
(a) if followed by a controlled drug, restricted drug or a poison--the drug or
poison in the schedule to the standard with the number given in the
expression; or
(b) if followed by `poison' without naming a poison or substance--any poison
in the schedule to the standard with the number given in the expression.
Examples--
1. If a provision mentions `S2 fluorides', it means fluorides in schedule 2 to
the standard, i.e., fluorides in preparations for topical human therapeutic use.
2. If a provision mentions `S3 fluorides', it means fluorides in schedule 3 to
the standard, i.e., fluorides in dentifrices containing more than 1 000 mg/kg of
fluoride ion. Fluorides may also be included in other schedules, for example as
S4, S5 or S6 poisons.
3. If a provision mentions `S7 poison', it means any poison in schedule 7 to
the standard.
14
Health Practitioners (Special Events Exemption)
© State of Queensland 1998
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