Health and Other Legislation Amendment Regulation (No. 1) 2010 (Qld)
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Queensland Health and Other Legislation Amendment Regulation (No. 1) 2010 Subordinate Legislation 2010 No. 108 made under the Births, Deaths and Marriages Registration Act 2003 Child Employment Act 2006 Child Protection (Offender Reporting) Act 2004 Coal Mining Safety and Health Act 1999 Cooperatives Act 1997 Dental Technicians and Dental Prosthetists Registration Act 2001 Fair Trading Act 1989 Guide, Hearing and Assistance Dogs Act 2009 Health Act 1937 Medical Radiation Technologists Registration Act 2001 Private Health Facilities Act 1999 Queensland Civil and Administrative Tribunal Act 2009 Radiation Safety Act 1999 Statutory Bodies Financial Arrangements Act 1982 Supreme Court of Queensland Act 1991 Transplantation and Anatomy Act 1979 Workers’ Compensation and Rehabilitation Act 2003 Workplace Health and Safety Act 1995 Contents Part 1 1 2 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Health and Other Legislation Amendment Regulation (No. 1) 2010 Contents Part 2 3 4 Part 3 5 6 Part 4 7 8 Part 5 9 10 Part 6 11 12 Part 7 13 14 15 16 17 18 Part 8 19 20 Part 9 21 22 Part 10 23 Amendment of Births, Deaths and Marriages Registration Regulation 2003 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Child Employment Regulation 2006 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Child Protection (Offender Reporting) Regulation 2004 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 13 (Reports not made in person—Act, s 29(5)) Amendment of Coal Mining Safety and Health Regulation2001 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 16 (Giving notice of incidents). . . . . . . . . . . . . . Amendment of Cooperatives Regulation 1997 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 5 (Undesirable matter for names) . . . . . . . . . Amendment of Dental Technicians and Dental ProsthetistsRegistration Regulation 2002 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 3 (Qualifications for general registration—Act, s 44) ......................................... Omission of pt 4 (Miscellaneous) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 1 (Qualifications for general registration). . . . Amendment of sch 2 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Fair Trading (Code of Practice—FitnessIndustry) Regulation 2003 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4 (Meaning of fitness service) . . . . . . . . . . . . . . Amendment of Guide, Hearing and Assistance Dogs Regulation 2009 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of Health (Drugs and Poisons) Regulation 1996 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 7 7 7 8 8 8 9 9 9 10 10 10 10 10 11 11 11 11 12 Page 2 2010 SL No. 108
Health and Other Legislation Amendment Regulation (No. 1) 2010 Contents 24 Amendment of s 4A (Quality standards for dispensing certain drugs and selling certain poisons) . . . . . . . . . . . . . . . . . . . . . . . . 12 25 Amendment of s 58A (Enrolled nurses) . . . . . . . . . . . . . . . . . . . . 13 26 Amendment of s 67 (Registered nurses) . . . . . . . . . . . . . . . . . . . 13 27 Amendment of s 78 (Specified condition drugs—amphetamine, dexamphetamine, methylamphetamine, methylphenidate, phenmetrazine) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 28 Amendment of s 82 (Conditions of dispensing) . . . . . . . . . . . . . . 14 29 Insertion of new s 82A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 82A Prescription made by person authorised under regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 30 Amendment of s 158A (Dental hygienists) . . . . . . . . . . . . . . . . . . 15 31 Amendment of s 158B (Dental therapists) . . . . . . . . . . . . . . . . . . 15 32 Insertion of new s 158C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 158C Oral health therapists . . . . . . . . . . . . . . . . . . . . . . . . . 16 33 Amendment of s 162 (Enrolled nurses) . . . . . . . . . . . . . . . . . . . . 16 34 Amendment of s 175 (Registered nurses) . . . . . . . . . . . . . . . . . . 17 35 Amendment of s 185 (Dinoprost and dinoprostone). . . . . . . . . . . 18 36 Amendment of s 186 (Acitretin, etretinate, isotretinoin and tretinoin) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 37 Amendment of s 186A (Bexarotene) . . . . . . . . . . . . . . . . . . . . . . 18 38 Amendment of s 186B (Thalidomide). . . . . . . . . . . . . . . . . . . . . . 18 39 Amendment of s 187 (Clomiphene, cyclofenil, luteinising hormone and urofollitrophin) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 40 Amendment of s 188 (Clozapine). . . . . . . . . . . . . . . . . . . . . . . . . 19 41 Amendment of s 188A (Bosentan) . . . . . . . . . . . . . . . . . . . . . . . . 20 42 Amendment of s 188B (Teriparatide) . . . . . . . . . . . . . . . . . . . . . . 20 43 Amendment of s 193 (Conditions of dispensing) . . . . . . . . . . . . . 20 44 Insertion of new s 193A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 193A Authorised prescriber . . . . . . . . . . . . . . . . . . . . . . . . . 21 45 Omission of s 196 (Interstate prescriptions). . . . . . . . . . . . . . . . . 21 46 Amendment of s 201 (Sale of restricted drugs to authorised persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 47 Insertion of new s 201A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 201A Interstate orders of specified restricted drugs . . . . . . 22 48 Amendment of s 248 (Dental hygienists) . . . . . . . . . . . . . . . . . . . 22 49 Amendment of s 248A (Dental therapists) . . . . . . . . . . . . . . . . . . 23 50 Insertion of new s 248B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2010 SL No. 108 Page 3
Health and Other Legislation Amendment Regulation (No. 1) 2010 Contents 51 52 Part 11 53 54 Part 12 55 56 Part 13 57 58 Part 14 59 60 61 62 Part 15 63 64 Part 16 65 66 67 Part 17 68 69 248B Oral health therapists . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 263 (Registered nurses) . . . . . . . . . . . . . . . . . . Amendment of appendix 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . Amendment of Medical Radiation TechnologistsRegistration Regulation 2002 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Private Health Facilities Regulation 2000 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 6 (Notification of change of circumstances—Act, ss 23(4), 48(6), 154(5), 155(4) and 156(7)) Amendment of Queensland Civil and Administrative Tribunal Regulation 2009 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 1 (Enabling Acts and provisions) . . . . . . . . . . Amendment of Radiation Safety Regulation 1999 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of sch 3 (Qualifications) . . . . . . . . . . . . . . . . . . . . . Replacement of sch 3A (Authorised persons) . . . . . . . . . . . . . . . Schedule 3A Authorised persons Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Statutory Bodies Financial ArrangementsRegulation 2007 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 4 (Statutory bodies allocated category 2 investment power) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Transplantation and Anatomy Regulation2004 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 13 (Prescribed qualifications for medical practitioners certifying death) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Prescribed qualifications for medical practitioners certifying death . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of Uniform Civil Procedure (Fees) Regulation2009 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 19 (When additional amount may be paid) . . . . 23 24 24 27 28 28 28 29 29 30 30 31 39 40 41 41 41 42 42 43 43 Page 4 2010 SL No. 108
Part 18 70 71 Part 19 72 73 Health and Other Legislation Amendment Regulation (No. 1) 2010 Contents Amendment of Workers’ Compensation and RehabilitationRegulation 2003 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of ss 118B, 118D and 118F . . . . . . . . . . . . . . . . . . . Amendment of Workplace Health and Safety Regulation2008 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 18 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 43 43 44 44 2010 SL No. 108 Page 5
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Health and Other Legislation Amendment Regulation (No. 1) 2010 . 2 Commencement This regulation commences on 1 July 2010. Part 2 Amendment of Births, Deaths and Marriages Registration Regulation 2003 3 Regulation amended This part amends the Births, Deaths and Marriages Registration Regulation 2003 . 4 Amendment of sch 4 (Dictionary) Schedule 4, definition doctor , from ‘State’— omit, insert— ‘country corresponding to the Health Practitioner RegulationNational Law.’. Page 6 2010 SL No. 108
Part 3 Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 3 Amendment of Child Employment Regulation 2006 [s 5] Amendment of Child Employment Regulation 2006 5 Regulation amended This part amends the Child Employment Regulation 2006 . 6 Amendment of sch 3 (Dictionary) (1) Schedule 3, definitions midwife and registered nurse — omit . (2) Schedule 3— insert — ‘ midwife means a person registered under the HealthPractitionerRegulationNationalLaw to practise in the nursing and midwifery profession as a midwife, other than as a student. registered nurse means a person registered under the HealthPractitioner Regulation National Law — (a) to practise in the nursing and midwifery profession as a nurse, other than as a student; and (b) in the registered nurses division of that profession.’. Part 4 Amendment of Child Protection (Offender Reporting) Regulation 2004 7 Regulation amended This part amends the Child Protection (Offender Reporting) Regulation 2004 . 2010 SL No. 108 Page 7
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 5 Amendment of Coal Mining Safety and Health Regulation 2001 [s 8] 8 Amendment of s 13 (Reports not made in person—Act, s 29(5)) (1) Section 13(3)(h), from ‘under’ to ‘ 1992 ’— omit. (2) Section 13(4)— insert— ‘ registered nurse means a person registered under the HealthPractitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a nurse, other than as a student; and (b) in the registered nurses division of that profession.’. Part 5 Amendment of Coal Mining Safety and Health Regulation 2001 9 Regulation amended This part amends the CoalMiningSafetyandHealthRegulation 2001 . 10 Amendment of s 16 (Giving notice of incidents) (1) Section 16(1)(a)(i), from ‘as defined’ to ‘ 1992 ’— omit . (2) Section 16— insert— ‘(3) In this section— Page 8 2010 SL No. 108
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 6 Amendment of Cooperatives Regulation 1997 [s 11] nurse means a person registered under the Health PractitionerRegulationNationalLaw to practise in the nursing and midwifery profession as a nurse, other than as a student.’. Part 6 Amendment of Cooperatives Regulation 1997 11 Regulation amended This part amends the Cooperatives Regulation 1997 . 12 Amendment of sch 5 (Undesirable matter for names) (1) Schedule 5, item 12, second, third, fourth, sixth, eighth, ninth, tenth, eleventh, twelfth and fourteenth dot points— omit . (2) Schedule 5, item 12— insert— ‘• Dental Technicians Registration Act 2001 • Health Practitioner Regulation National Law’. Part 7 Amendment of Dental Technicians and Dental Prosthetists Registration Regulation 2002 13 Regulation amended This part amends the DentalTechniciansandDentalProsthetists Registration Regulation 2002 . 2010 SL No. 108 Page 9
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 7 Amendment of Dental Technicians and Dental Prosthetists Registration Regulation2002 [s 14] 14 Amendment of s 1 (Short title) Section 1, ‘ and Dental Prosthetists ’— omit. 15 Amendment of s 3 (Qualifications for general registration—Act, s 44) Section 3, from ‘Act’— omit, insert— ‘Act, a qualification stated in schedule 1, column 1, and conferred or awarded by the educational institution stated in column 2 for the qualification, is a qualification for general registration.’. 16 Omission of pt 4 (Miscellaneous) Part 4— omit. 17 Amendment of sch 1 (Qualifications for general registration) (1) Schedule 1, part 1, heading— omit. (2) Schedule 1, part 2— omit. 18 Amendment of sch 2 (Fees) (1) Schedule 2, part 1, heading— omit. (2) Schedule 2, part 2— omit. Page 10 2010 SL No. 108
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 8 Amendment of Fair Trading (Code of Practice—Fitness Industry) Regulation 2003 [s 19] Part 8 Amendment of Fair Trading (Code of Practice—Fitness Industry) Regulation 2003 19 Regulation amended This part amends the Fair Trading (Code of Practice—FitnessIndustry) Regulation 2003 . 20 Amendment of s 4 (Meaning of fitness service ) (1) Section 4(2)(a)(ii), ‘registered under the PhysiotherapistsRegistration Act 2001 ’— omit. (2) Section 4(3)— insert— ‘ physiotherapist means a person registered under the HealthPractitionerRegulationNationalLaw to practise in the physiotherapy profession, other than as a student.’. Part 9 Amendment of Guide, Hearing and Assistance Dogs Regulation 2009 21 Regulation amended This part amends the Guide, Hearing and Assistance Dogs Regulation 2009 . 22 Amendment of schedule (Dictionary) Schedule, definition registered health practitioner — 2010 SL No. 108 Page 11
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 10 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 23] omit , insert— ‘ registered health practitioner means— (a) a person registered under the HealthPractitionerRegulationNationalLaw to practise, other than as a student, in any of the following— (i) the medical profession; (ii) the physiotherapy profession; (iii) the psychology profession; or (b) a person registered under any of the following Acts or under similar legislation of another State— (i) Occupational Therapists Registration Act 2001 ; (ii) Speech Pathologists Registration Act 2001 .’. Part 10 Amendment of Health (Drugs and Poisons) Regulation 1996 23 Regulation amended This part amends the Health (Drugs and Poisons) Regulation1996 . 24 Amendment of s 4A (Quality standards for dispensing certain drugs and selling certain poisons) (1) Section 4A(3)— omit, insert— ‘(3) If the Pharmacy Board of Australia recognises a quality standard (a PBA standard ) for an activity, the quality standard prepared or adopted by a pharmacist, for the activity, must be at least equivalent to the PBA standard for the activity.’. (2) Section 4A— Page 12 2010 SL No. 108
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 10 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 25] insert — ‘(5) In this section— Pharmacy Board of Australia means the Pharmacy Board of Australia established under the Health Practitioner RegulationNational Law.’. 25 Amendment of s 58A (Enrolled nurses) (1) Section 58A(1), from ‘endorsed’ to ‘controlled drugs’— omit . (2) Section 58A— insert — ‘(1A) Subsection (1) does not apply if the registration of the enrolled nurse under the HealthPractitionerRegulationNational Law is subject to a condition that the enrolled nurse is not qualified to administer controlled drugs.’. (3) Section 58A(2), ‘subsection (3)’— omit , insert— ‘subsection (4)’. (4) Section 58A(4)— omit . (5) Section 58A(1A) to (3)— renumber as section 58A(2) to (4). 26 Amendment of s 67 (Registered nurses) (1) Section 67(2)(b) and (c)— omit , insert— ‘(b) supply a controlled drug to a person— (i) on the oral or written instruction of a doctor, nurse practitioner or physician’s assistant; or (ii) under a drug therapy protocol; or 2010 SL No. 108 Page 13
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 10 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 27] (c) administer a controlled drug to a person under a drug therapy protocol.’. (2) Section 67(4)(b)— omit . (3) Section 67(4)(c)— renumber as section 67(4)(b). 27 Amendment of s 78 (Specified condition drugs—amphetamine, dexamphetamine, methylamphetamine, methylphenidate, phenmetrazine) Section 78(1)(ba), ‘child’, first mention— omit . 28 Amendment of s 82 (Conditions of dispensing) (1) Section 82(2)(a)— omit . (2) Section 82(2)(b) to (i)— renumber as section 82(2)(a) to (h). 29 ‘82A Insertion of new s 82A After section 82— insert— Prescription made by person authorised under regulation ‘A dispenser must not dispense a controlled drug on a prescription unless the dispenser reasonably believes the prescription was made by a person who, under this regulation, is endorsed to prescribe the drug. Maximum penalty—60 penalty units.’. Page 14 2010 SL No. 108
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 10 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 30] 30 Amendment of s 158A (Dental hygienists) (1) Section 158A(1), from ‘under’ to ‘(ii)’— omit , insert— ‘as a dental hygienist’. (2) Section 158A(4)— omit . (3) Section 158A(5), definitions code of practice and relevant course of training — omit . (4) Section 158A(5)— insert— ‘ relevant course of training means a course of training— (a) for performing a dental hygienist’s function involving the administration of a restricted drug mentioned in subsection (1)(a) to (d); and (b) that is approved by the chief executive.’. (5) Section 158A(5)— renumber as section 158A(4). 31 Amendment of s 158B (Dental therapists) (1) Section 158B(1), from ‘under’ to ‘(ii)’— omit , insert— ‘as a dental therapist’. (2) Section 158B(4)— omit . 32 Insertion of new s 158C After section 158B— insert— 2010 SL No. 108 Page 15
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 10 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 33] ‘158C Oral health therapists ‘(1) To the extent necessary to perform an oral health therapist’s functions as an oral health therapist, an oral health therapist is authorised to administer the following restricted drugs— (a) lignocaine; (b) prilocaine; (c) felypressin when in preparations containing prilocaine; (d) mepivacaine; (e) demeclocycline and triamcinolone in combination for topical endodontic use; (f) mercury (metallic) for human therapeutic use. ‘(2) Subsection (3) applies to a person (a trainee ) who is undergoing a course of training, the successful completion of which will qualify the trainee to practise as an oral health therapist. ‘(3) To the extent necessary to undergo the course of training, the trainee is authorised to administer the restricted drugs mentioned in subsection (1)(a) to (f).’. 33 Amendment of s 162 (Enrolled nurses) (1) Section 162(1), from ‘endorsed’ to ‘restricted drugs’— omit . (2) Section 162— insert— ‘(1A) Subsection (1) does not apply if the registration of the enrolled nurse under the HealthPractitionerRegulationNational Law is subject to a condition that the enrolled nurse is not qualified to administer restricted drugs.’. (3) Section 162(2), ‘subsection (3)’— omit , insert— ‘subsection (4)’. Page 16 2010 SL No. 108
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 10 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 34] (4) Section 162(4)— omit . (5) Section 162(1A) to (3)— renumber as section 162(2) to (4). 34 Amendment of s 175 (Registered nurses) (1) Section 175(2)(b) and (c)— omit , insert— ‘(b) supply a restricted drug to a person— (i) on the oral or written instruction of a doctor, nurse practitioner or physician’s assistant; or (ii) under a drug therapy protocol; or (c) administer a restricted drug to a person under a drug therapy protocol.’. (2) Section 175(3) and (4)— omit , insert— ‘(3) To the extent necessary to practise nursing under an immunisation program, an immunisation program nurse is authorised to administer a vaccine or other restricted drug under a drug therapy protocol. ‘(4) To the extent necessary to practise nursing under a sexual health program, a sexual health program nurse is authorised to administer or supply a restricted drug under a drug therapy protocol.’. (3) Section 175(5)(b)— omit . (4) Section 175(5)(c)— renumber as section 175(5)(b). 2010 SL No. 108 Page 17
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 10 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 35] 35 Amendment of s 185 (Dinoprost and dinoprostone) Section 185, ‘specialist in’— omit , insert— ‘specialist health practitioner in the specialty of’. 36 Amendment of s 186 (Acitretin, etretinate, isotretinoin and tretinoin) (1) Section 186(1)(b) and (2)(b), ‘specialist in dermatology or internal medicine’— omit , insert— ‘specialist health practitioner in the specialty of dermatology or a specialist physician’. (2) Section 186(2)(b)(ii), after ‘specialist’— insert— ‘health practitioner or specialist physician’. 37 Amendment of s 186A (Bexarotene) Section 186A(b) and (c)— omit , insert— ‘(b) is a specialist health practitioner in the specialty of haematology or medical oncology; or (c) is a registrar in the specialty of haematology or medical oncology working directly under the supervision of a specialist health practitioner in the specialty of haematology or medical oncology.’. 38 Amendment of s 186B (Thalidomide) (1) Section 186B(1)(b), ‘specialist in a prescribed specialty’— omit, insert— ‘specialist health practitioner in a prescribed specialty or a specialist physician’. Page 18 2010 SL No. 108
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 10 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 39] (2) Section 186B(1)(c)— omit, insert— ‘(c) is either— (i) a registrar in a prescribed specialty working directly under the supervision of a specialist health practitioner in the prescribed specialty; or (ii) a registrar training to be a specialist physician working directly under the supervision of a specialist physician.’. (3) Section 186B(2), definition prescribed specialty — omit, insert— ‘ prescribed specialty means the specialty of haematology, dermatology, infectious diseases or medical oncology.’. 39 Amendment of s 187 (Clomiphene, cyclofenil, luteinising hormone and urofollitrophin) Section 187(1)(b) and (c)— omit , insert— ‘(b) is a specialist health practitioner in the specialty of obstetrics and gynaecology or a specialist physician; or (c) is either— (i) a registrar in the specialty of obstetrics and gynaecology working directly under the supervision of a specialist health practitioner in the specialty of obstetrics and gynaecology; or (ii) a registrar training to be a specialist physician working directly under the supervision of a specialist physician.’. 40 Amendment of s 188 (Clozapine) Section 188, ‘specialist in’— 2010 SL No. 108 Page 19
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 10 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 41] omit , insert— ‘specialist health practitioner in the specialty of’. 41 Amendment of s 188A (Bosentan) Section 188A(b)— omit, insert— ‘(b) is a specialist health practitioner in the specialty of cardiology, rheumatology or respiratory and sleep medicine.’. 42 Amendment of s 188B (Teriparatide) (1) Section 188B(b)— omit , insert — ‘(b) is a specialist health practitioner in the specialty of endocrinology, geriatric medicine or rheumatology or a specialist physician; or’. (2) Section 188B(c), from ‘specialist’ to ‘rheumatology’— omit , insert — ‘specialist health practitioner in the specialty of endocrinology, geriatric medicine or rheumatology or a specialist physician’. (3) Section 188B(c)(ii), after ‘specialist’— insert— ‘health practitioner or specialist physician’. 43 Amendment of s 193 (Conditions of dispensing) (1) Section 193, heading, ‘Conditions’— omit, insert— ‘ General conditions ’. (2) Section 193(2)(a)— Page 20 2010 SL No. 108
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 10 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 44] omit . (3) Section 193(2)(b) to (h)— renumber as section 193(2)(a) to (g). 44 Insertion of new s 193A After section 193— insert— ‘193A Authorised prescriber ‘(1) A dispenser must not dispense a restricted drug on a prescription unless— (a) the dispenser reasonably believes the prescription was made by a person (an authorised prescriber ) who, under this regulation, is endorsed to prescribe the drug; and (b) if the drug is a specified restricted drug—the address of the authorised prescriber on the prescription is in Queensland. Maximum penalty—60 penalty units. ‘(2) In this section— specified restricted drug means the following restricted drugs— (a) a regulated restricted drug; (b) anabolic steroidal agents; (c) ephedrine; (d) pseudoephedrine.’. 45 Omission of s 196 (Interstate prescriptions) Section 196— omit . 2010 SL No. 108 Page 21
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 10 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 46] 46 Amendment of s 201 (Sale of restricted drugs to authorised persons) Section 201(3)— omit . 47 Insertion of new s 201A After section 201— insert— ‘201A Interstate orders of specified restricted drugs ‘(1) A person, other than a restricted drug wholesaler, must not sell a specified restricted drug to an authorised person unless the address of the authorised person on the purchase order for the drug is in Queensland. Maximum penalty—60 penalty units. ‘(2) Subsection (1) does not apply if the authorised person is a ship’s master. ‘(3) In this section— specified restricted drug means any of the following— (a) a regulated restricted drug; (b) anabolic steroidal agents; (c) ephedrine; (d) pseudoephedrine.’. 48 Amendment of s 248 (Dental hygienists) (1) Section 248(1), from ‘under’ to ‘(ii)’— omit , insert— ‘as a dental hygienist’. (2) Section 248(2)— omit . Page 22 2010 SL No. 108
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 10 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 49] 49 Amendment of s 248A (Dental therapists) (1) Section 248A(1), from ‘under’ to ‘use’, first mention— omit , insert— ‘as a dental therapist, a dental therapist is authorised to administer’. (2) Section 248A(3), ‘use’— omit , insert— ‘administer’. (3) Section 248A(4)— omit . 50 Insertion of new s 248B After section 248A— insert— ‘248B Oral health therapists ‘(1) To the extent necessary to perform an oral health therapist’s functions as an oral health therapist, an oral health therapist is authorised to administer fluorides that are S3 poisons and the following S2 poisons— (a) lignocaine when in preparations for topical human therapeutic use (other than eye drops) that contain not more than 10% lignocaine; (b) silver salts; (c) ether; (d) fluorides; (e) phenol; (f) ferric sulphate. ‘(2) Subsection (3) applies to a person (a trainee ) who is undergoing a course of training, the successful completion of which will qualify the trainee to practise as an oral health therapist. 2010 SL No. 108 Page 23
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 10 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 51] ‘(3) To the extent necessary to undergo the course of training, the trainee is authorised to administer the following poisons— (a) fluorides that are S3 poisons; (b) the S2 poisons mentioned in subsection (1)(a) to (f).’. 51 Amendment of s 263 (Registered nurses) (1) Section 263(4), from ‘registered’ to ‘program’, second mention— omit , insert— ‘sexual health program nurse’. (2) Section 263(5)(a), ‘administer or’— omit . 52 Amendment of appendix 9 (Dictionary) (1) Appendix 9, definitions clinical pharmacologist , dental hygienist , dental therapist , dentist , enrolled nurse , midwife , nurse practitioner , optometrist , pharmacist , podiatrist , registered nurse , rural and isolated practice endorsed nurse , specialist , standard , supervising medical officer , surgical podiatrist and trainee pharmacist — omit . (2) Appendix 9— insert— ‘ dental hygienist means a person registered under the HealthPractitioner Regulation National Law— (a) to practise in the dental profession, other than as a student; and (b) in the dental hygienists division of that profession. dental therapist means a person registered under the HealthPractitioner Regulation National Law— Page 24 2010 SL No. 108
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 10 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 52] (a) to practise in the dental profession, other than as a student; and (b) in the dental therapists division of that profession. dentist means a person registered under the HealthPractitioner Regulation National Law— (a) to practise in the dental profession, other than as a student; and (b) in the dentists division of that profession. enrolled nurse means a person registered under the HealthPractitioner Regulation National Law— (a) to practise in the nursing and midwifery profession, other than as a student; and (b) in the enrolled nurses division of that profession. immunisation program nurse means a registered nurse who— (a) immediately before 1 July 2010, held an annual licence certificate endorsed under the NursingAct1992 that authorised the registered nurse to practise in an immunisation program; or (b) has obtained a qualification in immunisation approved by the chief executive. midwife means a person registered under the HealthPractitionerRegulationNationalLaw to practise in the nursing and midwifery profession as a midwife, other than as a student. nurse practitioner means a registered nurse whose registration is endorsed under the HealthPractitionerRegulation National Law as being qualified to practise as a nurse practitioner. optometrist means a person registered under the HealthPractitionerRegulationNationalLaw to practise in the optometry profession, other than as a student. 2010 SL No. 108 Page 25
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 10 Amendment of Health (Drugs and Poisons) Regulation 1996 [s 52] Page 26 oral health therapist means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the dental profession, other than as a student; and (b) in the oral health therapists division of that profession. podiatrist means a person registered under the HealthPractitionerRegulationNationalLaw to practise in the podiatry profession, other than as a student. registered nurse means a person registered under the HealthPractitioner Regulation National Law— (a) to practise in the nursing and midwifery profession, other than as a student; and (b) in the registered nurses division of that profession. rural and isolated practice endorsed nurse means a registered nurse whose registration is endorsed under the HealthPractitionerRegulationNationalLaw as being qualified to obtain, supply and administer S2, S3, S4 and S8 drugs or poisons for practising nursing in a rural and isolated practice area. sexual health program nurse means a registered nurse who— (a) immediately before 1 July 2010, held an annual licence certificate endorsed under the NursingAct1992 that authorised the registered nurse to practise in a sexual health program; or (b) has obtained a qualification in sexual health approved by the chief executive. specialist health practitioner , in a specialty, means a person registered under the Health Practitioner Regulation NationalLaw to practise in the medical profession as a specialist registrant in the specialty. specialist physician means a person registered under the HealthPractitionerRegulationNationalLaw in the medical profession as a specialist registrant in the specialty of physician. 2010 SL No. 108
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 11 Amendment of Medical Radiation Technologists Registration Regulation 2002 [s 53] standard means the Standard for the Uniform Scheduling of Drugs and Poisons set out in schedule 1 of the Poisons Standard 2009 (Cwlth). supervising medical officer , for a physician’s assistant, means a person who— (a) is a medical practitioner; and (b) supervises the work performed by the physician’s assistant in his or her employment in the department. surgical podiatrist means a person registered under the HealthPractitionerRegulationNationalLaw to practise in the podiatry profession as a specialist registrant in the specialty of surgical podiatry. trainee pharmacist , means a person who— (a) is undergoing a course of training, the successful completion of which would qualify the person to hold an approved qualification for the pharmacy profession under the Health Practitioner Regulation National Law; or (b) is undertaking a period of supervised practice required for registration as a pharmacist under the HealthPractitioner Regulation National Law.’. Part 11 Amendment of Medical Radiation Technologists Registration Regulation 2002 53 Regulation amended This part amends the MedicalRadiationTechnologistsRegistration Regulation 2002 . 2010 SL No. 108 Page 27
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 12 Amendment of Private Health Facilities Regulation 2000 [s 54] 54 Amendment of sch 4 (Dictionary) (1) Schedule 4, definitions nuclear physician and specialist in nuclear medicine — omit. (2) Schedule 4— insert— ‘ nuclear physician means a specialist health practitioner in the specialty of physician—nuclear medicine. specialist health practitioner , in a specialty, means a person registered under the Health Practitioner Regulation NationalLaw to practise in the medical profession as a specialist registrant in the specialty. specialist in nuclear medicine means a specialist health practitioner in the specialty of radiology—nuclear medicine.’. Part 12 Amendment of Private Health Facilities Regulation 2000 55 Regulation amended This part amends the Private Health Facilities Regulation 2000 . 56 Amendment of s 6 (Notification of change of circumstances—Act, ss 23(4), 48(6), 154(5), 155(4) and 156(7)) Section 6(2), definition nurse — omit, insert— ‘ nurse means a person registered under the HealthPractitioner Regulation National Law — Page 28 2010 SL No. 108
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 13 Amendment of Queensland Civil and Administrative Tribunal Regulation 2009 [s 57] (a) to practise in the nursing and midwifery profession as a nurse, other than as a student; and (b) in the registered nurses division of that profession.’. Part 13 Amendment of Queensland Civil and Administrative Tribunal Regulation 2009 57 Regulation amended This part amends the Queensland Civil and Administrative Tribunal Regulation 2009 . 58 Amendment of sch 1 (Enabling Acts and provisions) (1) Schedule 1, part 1, entries for the Chiropractors RegistrationAct 2001 , Dental Practitioners Registration Act 2001 , DentalTechniciansandDentalProsthetistsRegistrationAct2001 , MedicalPractitionersRegistrationAct2001 , NursingAct1992 , section 137(2), OptometristsRegistrationAct2001 , OsteopathsRegistrationAct2001 , PhysiotherapistsRegistrationAct2001 , PodiatristsRegistrationAct2001 , PsychologistsRegistrationAct2001 and PsychologistsRegistration Regulation 2002 — omit . (2) Schedule 1, part 1— insert — ‘ Dental Technicians Registration Act 2001 HealthPractitionerRegulationNationalLaw(Queensland), section 199’. (3) Schedule 1, part 1, entry for the HealthPractitioners(Professional Standards) Act 1999 , ‘or 338(1)’— 2010 SL No. 108 Page 29
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 14 Amendment of Radiation Safety Regulation 1999 [s 59] omit , insert— ‘, 338(1) or 398F’. Part 14 Amendment of Radiation Safety Regulation 1999 59 Regulation amended This part amends the Radiation Safety Regulation 1999 . 60 Replacement of sch 3 (Qualifications) Schedule 3— omit, insert— ‘Schedule 3 Qualifications section 27 Column 1 Radiation practice intra-oral, or extra-oral, dental diagnostic radiography of a person plain-film diagnostic radiography of a person Column 2 Qualification general registration under the HealthPractitionerRegulationNationalLaw as a dentist general registration under the HealthPractitionerRegulationNationalLaw as a medical practitioner Page 30 2010 SL No. 108
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 14 Amendment of Radiation Safety Regulation 1999 [s 61] Column 1 Column 2 Radiation practice Qualification plain-film diagnostic radiography of the spine, pelvis or extremities of a person plain-film diagnostic radiography of an animal general registration under the HealthPractitionerRegulationNationalLaw as a chiropractor registration under the VeterinarySurgeons Act 1936 ’. 61 Replacement of sch 3A (Authorised persons) Schedule 3A— omit, insert— ‘Schedule 3A Authorised persons section 39A ‘Part 1 Diagnostic procedures Diagnostic procedure Authorised person 1 intra-oral and a dentist or oral health therapist extra-oral dental diagnostic radiography of the teeth and facial bones 2 intra-oral bitewing a dental therapist if the intra-oral dental diagnostic bitewing dental radiography is to be radiography performed under a protocol for intra-oral bitewing dental radiography approved by the chief executive 2010 SL No. 108 Page 31
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 14 Amendment of Radiation Safety Regulation 1999 [s 61] Diagnostic procedure Authorised person 3 plain film diagnostic a person who is— radiography (a) a medical practitioner; or (b) a nurse practitioner if the person requests the plain film diagnostic radiography under the diagnostic radiography protocol; or (c) a registered nurse if the person— (i) has successfully completed a training course approved by the chief executive; and (ii) has successfully passed an assessment of practical competence approved by the chief executive; and (iii) requests the plain film diagnostic radiography under the diagnostic radiography protocol 4 plain film diagnostic a dentist radiography of the hand and wrist or lateral plain film diagnostic radiography projections of the cervical spine 5 plain film diagnostic a person registered under the Health radiography of the foot Practitioner Regulation National Law to and ankle practise in the podiatry profession, other than as a student 6 plain film diagnostic a chiropractor radiography of the neuromusculoskeletal system Page 32 2010 SL No. 108
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 14 Amendment of Radiation Safety Regulation 1999 [s 61] Diagnostic procedure Authorised person 7 plain film diagnostic the chief executive, for screening for radiography of the tuberculosis, under a protocol for chest tuberculosis screening approved by the chief executive, of a person who presents at a public sector health service facility which undertakes screening procedures for tuberculosis 8 mammography the chief executive, for mammography, under a protocol for breast cancer screening approved by the chief executive, of a woman who— (a) presents at a BreastScreen Queensland Service for the purpose of breast cancer screening; and (b) is eligible to participate in the Queensland Health BreastScreen Queensland Program; and (c) signs the “BreastScreen Queensland Consent for Screening Mammogram” form 9 computed tomography, a person who is— and mammography (a) a specialist health practitioner in the specialty of radiology—diagnostic radiology; or (b) a medical practitioner undergoing a period of training in the specialty of radiology—diagnostic radiology 2010 SL No. 108 Page 33
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 14 Amendment of Radiation Safety Regulation 1999 [s 61] Diagnostic procedure Authorised person 10 computed tomography, a person who is either of the following if mammography and the computed tomography, bone mineral mammography or bone mineral densitometry densitometry is part of a radiation oncology procedure— (a) a specialist health practitioner in the specialty of radiation oncology; (b) a medical practitioner undergoing a period of training in the specialty of radiation oncology 11 fluoroscopy a person who is— (a) a specialist health practitioner in a recognised specialty; or (b) a medical practitioner undergoing a period of training in a recognised specialty Page 34 2010 SL No. 108
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 14 Amendment of Radiation Safety Regulation 1999 [s 61] Diagnostic procedure Authorised person 12 bone mineral densitometry a person who is— (a) a specialist health practitioner in the specialty of— (i) radiology—diagnostic radiology; or (ii) radiology—nuclear medicine; or (iii) physician—endocrinology; or (iv) physician—nuclear medicine; or (b) a medical practitioner undergoing a period of training in a specialty mentioned in paragraph (a); or (c) the holder of a written approval from the chief executive stating the person is competent to carry out the procedure, and who is— (i) a specialist health practitioner in a specialty other than a specialty mentioned in paragraph (a); or (ii) a medical practitioner undergoing a period of training in a specialty other than a specialty mentioned in paragraph (a) 2010 SL No. 108 Page 35
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 14 Amendment of Radiation Safety Regulation 1999 [s 61] Diagnostic procedure Authorised person 13 diagnostic nuclear medicine a person who is— (a) a specialist health practitioner in the specialty of radiology—nuclear medicine; or (b) a medical practitioner undergoing a period of training in the specialty of radiology—nuclear medicine; or (c) a specialist health practitioner in the specialty of physician—nuclear medicine; or (d) a medical practitioner undergoing a period of training in the specialty of physician—nuclear medicine 14 in vivo tests for a person who is— pathology involving (a) a specialist health practitioner in the the use of unsealed specialty of pathology; or radioactive substances (b) a medical practitioner undergoing a period of training in the specialty of pathology 15 diagnostic procedures a person who is— involving the use of (a) a medical practitioner; or laser apparatus (b) a dentist Page 36 2010 SL No. 108
‘Part 2 Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 14 Amendment of Radiation Safety Regulation 1999 [s 61] Therapeutic procedures Therapeutic procedure Authorised person 16 treatment of malignant a person who is— and benign conditions (a) a specialist health practitioner in the involving the use of specialty of radiation oncology; or radiation sources (b) a medical practitioner undergoing a period of training in the specialty of radiation oncology 17 treatment of malignant a person who is— and benign conditions (a) a specialist health practitioner in the involving the use of specialty of radiology—nuclear unsealed radioactive medicine; or substances (b) a medical practitioner undergoing a period of training in the specialty of radiology—nuclear medicine; or (c) a specialist health practitioner in the specialty of physician—nuclear medicine; or (d) a medical practitioner undergoing a period of training in the specialty of physician—nuclear medicine 18 treatment of skin a person— lesions involving the (a) who is— use of sealed (i) a specialist health practitioner in radioactive substances the specialty of dermatology; or (ii) a medical practitioner undergoing a period of training in the specialty of dermatology; and (b) whose decision to prescribe the procedure is in accordance with a decision, about the desired outcome of the treatment, made by the person and another person who is a specialist health practitioner in the specialty of radiation oncology 2010 SL No. 108 Page 37
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 14 Amendment of Radiation Safety Regulation 1999 [s 61] Therapeutic procedure Authorised person 19 treatment of eye a person who is— lesions involving the (a) a specialist health practitioner in the use of sealed specialty of ophthalmology; or radioactive substances (b) a medical practitioner undergoing a period of training in the specialty of ophthalmology 20 treatment of vascular a person— stenosis (a) who is— (i) a specialist health practitioner in the specialty of— (A) physician—cardiology; or (B) surgery—vascular surgery; or (C) radiology—diagnostic radiology; or (ii) a medical practitioner undergoing a period of training in the specialty of— (A) physician—cardiology; or (B) surgery—vascular surgery; or (C) radiology—diagnostic radiology; and (b) whose decision to prescribe the procedure is in accordance with a decision about the desired outcome of the treatment, made by the person and another person— (i) who is a specialist health practitioner in the specialty of radiology—nuclear medicine and holds a written approval from the chief executive stating the person is competent to carry out the procedure; or Page 38 2010 SL No. 108
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 14 Amendment of Radiation Safety Regulation 1999 [s 62] Therapeutic procedure Authorised person (ii) who is a specialist health practitioner in the specialty of radiation oncology; or (iii) who is a specialist health practitioner in the specialty of physician—nuclear medicine 21 therapeutic procedures a person who is— involving the use of (a) a medical practitioner; or laser apparatus (b) a dentist’. 62 Amendment of sch 6 (Dictionary) (1) Schedule 6— insert— ‘ chiropractor means a person registered under the HealthPractitionerRegulationNationalLaw to practise in the chiropractic profession, other than as a student. dental therapist means a person registered under the HealthPractitioner Regulation National Law— (a) to practise in the dental profession, other than as a student; and (b) in the dental therapists division of that profession. dentist means a person registered under the HealthPractitioner Regulation National Law— (a) to practise in the dental profession, other than as a student; and (b) in the dentists division of that profession. nurse practitioner means a person registered under the HealthPractitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a nurse, other than as a student; and (b) whose registration is endorsed under that law as being qualified to practise as a nurse practitioner. 2010 SL No. 108 Page 39
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 15 Amendment of Statutory Bodies Financial Arrangements Regulation 2007 [s 63] oral health therapist means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the dental profession, other than as a student; and (b) in the oral health therapists division of that profession. recognised specialty see the HealthPractitionerRegulationNational Law (Queensland), section 5. registered nurse means a person registered under the HealthPractitioner Regulation National Law— (a) to practise in the nursing and midwifery profession, other than as a student; and (b) in the registered nurses division of that profession. specialist health practitioner , in a specialty, means a person registered under the Health Practitioner Regulation NationalLaw to practise in the medical profession as a specialist registrant in the specialty.’. (2) Schedule 6, definition supervising medical officer , paragraph (a), from ‘registered’ to ‘ 2001 ’— omit, insert— ‘a medical practitioner’. Part 15 Amendment of Statutory Bodies Financial Arrangements Regulation 2007 63 Regulation amended This part amends the StatutoryBodiesFinancialArrangements Regulation 2007 . Page 40 2010 SL No. 108
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 16 Amendment of Transplantation and Anatomy Regulation 2004 [s 64] 64 Amendment of sch 4 (Statutory bodies allocated category 2 investment power) (1) Schedule 4, entries for the ChiropractorsRegistrationAct2001 , DentalPractitionersRegistrationAct2001 , DentalTechniciansandDentalProsthetistsRegistrationAct2001 , MedicalPractitionersRegistrationAct2001 , NursingAct1992 , OptometristsRegistrationAct2001 , OsteopathsRegistrationAct2001 , PharmacistsRegistrationAct2001 , PhysiotherapistsRegistrationAct2001 , PodiatristsRegistrationAct2001 and PsychologistsRegistrationAct2001 — omit . (2) Schedule 4— insert— ‘ Dental Technicians Registration Act 2001 Dental Technicians Board of Queensland’. Part 16 Amendment of Transplantation and Anatomy Regulation 2004 65 Regulation amended This part amends the TransplantationandAnatomyRegulation 2004 . 66 Replacement of s 13 (Prescribed qualifications for medical practitioners certifying death) Section 13— omit , insert— 2010 SL No. 108 Page 41
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 16 Amendment of Transplantation and Anatomy Regulation 2004 [s 67] ‘13 Prescribed qualifications for medical practitioners certifying death ‘For section 45(2) of the Act, the prescribed qualifications are registration as a specialist health practitioner under the HealthPractitioner Regulation National Law in any of the following specialties or specialty fields— (a) anaesthesia; (b) emergency medicine; (c) intensive care medicine; (d) paediatrics and child health—general paediatrics; (e) paediatrics and child health—paediatric emergency medicine; (f) paediatrics and child health—paediatric intensive care medicine; (g) physician—cardiology; (h) physician—general medicine; (i) physician—respiratory and sleep medicine; (j) surgery—general surgery; (k) surgery—paediatric surgery.’. 67 Amendment of schedule (Dictionary) (1) Schedule, definition authority , footnotes 5 and 6— omit . (2) Schedule, definition authority — insert— ‘ Notes — • sections 31(2) and 32(1) of the Act provide for particular persons to authorise the retention and use, for particular purposes, of the body of a deceased person • section 33 of the Actprovides for a person to consent to the retention and use, for particular purposes, of the person’s body after the person’s death.’. Page 42 2010 SL No. 108
Part 17 Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 17 Amendment of Uniform Civil Procedure (Fees) Regulation 2009 [s 68] Amendment of Uniform Civil Procedure (Fees) Regulation 2009 68 Regulation amended This part amends the UniformCivilProcedure(Fees)Regulation 2009 . 69 Amendment of s 19 (When additional amount may be paid) Section 19(2), from ‘specialist registrant’— omit , insert— ‘specialist health practitioner under the HealthPractitionerRegulation National Law.’. Part 18 Amendment of Workers’ Compensation and Rehabilitation Regulation 2003 70 Regulation amended This part amends the Workers’CompensationandRehabilitation Regulation 2003 . 71 Amendment of ss 118B, 118D and 118F Sections 118B(2), 118D(2) and 118F(3), ‘speciality under the Medical Practitioners Registration Act 2001 ’— omit , insert — ‘recognised specialty under the Health Practitioner RegulationNational Law’. 2010 SL No. 108 Page 43
Health and Other Legislation Amendment Regulation (No. 1) 2010 Part 19 Amendment of Workplace Health and Safety Regulation 2008 [s 72] Part 19 Amendment of Workplace Health and Safety Regulation 2008 72 Regulation amended This part amends the Workplace Health and Safety Regulation2008 . 73 Amendment of sch 18 (Dictionary) (1) Schedule 18— insert— ‘ specialist health practitioner , in a specialty, means a person registered under the Health Practitioner Regulation NationalLaw to practise in the medical profession as a specialist registrant in the specialty.’. (2) Schedule 18, definition designated doctor , paragraph (a)— omit , insert — ‘(a) who is a specialist health practitioner in the specialty of occupational and environmental medicine; or’. ENDNOTES 1 Made by the Governor in Council on 10 June 2010. 2 Notified in the gazette on 11 June 2010. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Health. © State of Queensland 2010 Page 44 2010 SL No. 108
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