Health Insurance (Allied Health Services) Amendment Determination 2011 (No. 1) (Cth)
Health Insurance (Allied Health Services) Amendment Determination 2011 (No 1)
Health Insurance Act 1973
I, Dr Richard Bartlett, First Assistant Secretary, Medical Benefits Division, Department of Health and Ageing, make this Determination under subsection 3C (1) of the Health Insurance Act 1973.
Dated: 7/6/2011
DR RICHARD BARTLETT
First Assistant Secretary
Medical Benefits Division
Department of Health and Ageing
1 Name of Determination
This Determination is the Health Insurance (Allied Health Services)
Amendment Determination 2011 (No 1).
2 Commencement
This Determination commences on the day after registration.
3 Schedule 1 - amendment of Health Insurance (Allied Health Services) Determination 2010
Schedule 1 amends the Health Insurance (Allied Health Services)
Determination 2010.
Schedule 1 - Amendments
(section 3)
[1] Subsection 4(1), definition of allied health professional
at the end of the definition insert the following Note:
Note: Allied health professionals in relation to the provision of a focussed psychological strategies health service are subject to the requirements of section 10.
Subsection 4(1), definition CPD year
insert:
CPD year means the period of time in which focussed psychological strategies continuing professional development must be completed being:
(a) from the date of commencement of this Determination to 30 June 2011; and
(b) after 30 June 2011, 1 July to 30 June annually.
Subsection 4(1), definition of focused psychological strategies continuing professional development
insert:
focussed psychological strategies continuing professional development means the completion of 10 continuing professional development units per CPD year, each unit being 1 hour that relate to the delivery of focussed psychological strategies in any of the following areas:
(a) psycho‑education;
(b) cognitive‑behavioural therapy including;
(i) behavioural interventions;
(ii) behaviour modification;
(iii) exposure techniques;
(iv) activity scheduling;
(c) cognitive interventions including:
(i) cognitive therapy;
(d) relaxation strategies including;
(i) progressive muscle relaxation;
(ii) controlled breathing;
(e) skills training including;
(i) problem solving skills and training;
(ii) anger management;
(iii) social skills training;
(iv) communication training;
(v) stress management;
(vi) parent management training;
(f) interpersonal therapy;
(g) narrative therapy (for Aboriginal and Torres Strait Islander people);
(h) clinical skills to undertake a full assessment of a patient in order to form a diagnosis and commence treatment planning.
[4] After section 9
insert:
10 Focussed Psychological Strategies health services
(1) To comply with this section a person must complete focussed psychological strategies continuing professional development each CPD year.
(2) A person referred to in subsection (1) is required to keep written records of completion of focussed psychological strategies continuing professional development for a period of two years from the end of the CPD year to which the focussed psychological strategies continuing professional development relates.
(3) For the period referred to in paragraph (a) of the meaning of CPD year in section 4(1), a person who is an allied health professional in relation to the provision of a focussed psychological strategies health service, as at the date of commencement of this Determination, may count for completion of focussed psychological strategies continuing professional development any of the units referred to within the meaning of that term in section 4(1) completed from 1 July 2009 to 30 June 2011.
(4) Other than where subsection (7) applies, where a person seeks to become an allied health professional in relation to the provision of a focussed psychological strategies health service during a CPD year and meets the requirements set out in Schedule 1 for the provision of a focussed psychological strategies health service:
(a) that person’s name will be entered on the register, kept by the Medicare Australia CEO, of allied health professionals who are qualified to provide a service of that kind until the end of that CPD year; and
(b) that person will have until the end of that CPD year to meet the focussed psychological strategies continuing professional development on a pro-rata basis, with units being calculated from the first day of the month immediately succeeding the date of registration.
(5) If the Minister is satisfied that an allied health professional in relation to the provision of a focussed psychological strategies health service has not completed their focussed psychological strategies continuing professional development, the Minister:
(a) may decide to remove the name of that allied health professional from the register kept by the Medicare Australia CEO; and then
(b) notify the Medicare Australia CEO to remove the name from the register.
(6) Before the Minister provides notification under subsection (5)(b), the Minister must notify that allied health professional in writing of the decision setting out:
(a) the decision;
(b) the reasons for the decision; and
(c) a statement of the allied health professional’s reconsideration rights under section 11.
(7) If the name of a person has been removed from the register as an allied health professional in relation to the provision of a focussed psychological strategies health service under subsection (9) in order to become an allied health professional in relation to the provision of a focussed psychological strategies health service (reregistered) that person must apply to be registered and in his or her application must:
(a) provide evidence of attaining the necessary amount of units that he or she was required to attain to comply with the focused psychological strategies continuing professional development in the CPD year in which he or she failed to comply;
and if reregistered must
(b) comply with subsection (1) as if the CPD year in which he or she was reregistered commenced on the date of reregistration.
(8) The Minister may grant an exemption in whole or part from focussed psychological strategies continuing professional development, where:
(a) a written application from an allied health professional has been received; and
(b) the Minister is satisfied that special circumstances prevented the allied health professional from completing focussed psychological strategies continuing professional development in a CPD year.
(9) Upon receiving notification under subsection (5)(b), the Medicare Australia CEO shall not remove the name of an allied health professional from the register until notified either:
(a) under section 11(10) that if the allied health professional has applied under section 11(1), the Minister has given notice, under section 11(5) that the decision to remove has been affirmed; or
(b) under section 11(10) that, if the allied health professional has applied under section 11(6), the Minister has given notice under section 11(9)(c); or
(c) where subsections (9)(a) or (b) are not applicable that such period of time as referred to in section 11(2) has expired.
11 Reconsideration of Decision
(1) Where the Minister has provided notification under section 10(6), the allied health professional may apply to the Minister for reconsideration of that decision.
(2) The application must be made in writing:
(a) within 28 days from the date of the decision; or
(b) if the Minister is satisfied that special circumstances exist, within such further period as the Minister, before the expiration of the period referred to in paragraph (a), allows.
(3) The allied health professional must set out the reasons for the application and in doing so, may provide new material for the Minister to consider.
(4) The Minister must, within 28 days after receipt of an application made in accordance with subsection (1), reconsider the decision and make a new decision either:
(a) affirming the decision; or
(b) setting aside the decision.
(5) The Minister must give the allied health professional notice in writing of the reconsideration decision setting out:
(a) the decision; and
(b) the reasons for the decision.
(6) The allied health professional may, as an alternative to applying for reconsideration of the decision, request further time to complete the number of units required to satisfy the Minister that the allied health professional complies with section 10(1).
(7) If the allied health professional makes a request for further time under subsection (6) that request takes the place of the right to reconsideration under subsection (1).
(8) If the allied health professional makes a request under subsection (6), the period of time in which to complete the number of units required to satisfy the Minister is 28 days, commencing from the date of notification by the Minister that the allied health professional may complete the nominated amount of units.
(9) If, by the end of the period of time referred to in subsection (8), the Minister is not satisfied that the allied health professional has completed the amount of units required to comply with section 10(1), the Minister must:
(a) proceed as if the allied health professional had applied under subsection (1);
(b) make a decision, which will be regarded as being made under subsection (4); and
(c) give the allied health professional notice in writing of the decision as if the notice was given under subsection (5).
(10) The Minister must provide a written copy of a decision made under this section to the Medicare Australia CEO.
[5] Schedule 1, item 7,
at the end of the item insert the following Note:
Note: Allied health professionals in relation to the provision of a focussed psychological strategies health service are subject to the requirements of section 10.
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