Health Insurance (Section 3C General Medical Services – Smoking Cessation Services) Determination 2021 (Cth)

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Health Insurance (Section 3C General Medical Services – Smoking Cessation Services) Determination 2021

made under subsection 3C(1) of the

Health Insurance Act 1973

Compilation No. 3

Compilation date:  1 July 2023

Includes amendments up to:            F2023L00348

Registered:  22 July 2023

About this compilation

This compilation

This is a compilation of the Health Insurance (Section 3C General Medical Services – Smoking Cessation Services) Determination 2021 that shows the text of the law as amended and in force on 1 July 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Cessation....................................................................................................................... 1

5............ Definitions..................................................................................................................... 1

6............ Treatment of relevant services....................................................................................... 2

7............ Application of provisions of the general medical services table..................................... 2

8............ Application of items...................................................................................................... 3

9............ Limitation of items......................................................................................................... 3

Schedule – relevant services  4

Endnotes12

Endnote 1—About the endnotes  12

Endnote 2—Abbreviation key  13

Endnote 3—Legislation history  14

Endnote 4—Amendment history  15

1.  Name

This instrument is the Health Insurance (Section 3C General Medical Services – Smoking Cessation Services) Determination 2021.

3.  Authority

This instrument is made under subsection 3C(1) of the Health Insurance Act 1973.

4.  Cessation

Unless earlier revoked this instrument ceases as if revoked on 31 December 2023 at 11.59pm.

5.  Definitions

(1)     In this instrument:

Act means the Health Insurance Act 1973.

admitted patient means a patient who is receiving a service that is provided:

(a)  as part of an episode of hospital treatment; or

(b) as part of an episode of hospital‑substitute treatment in respect of which the person to whom the treatment is provided chooses to receive a benefit from a private health insurer.

phone attendance means a professional attendance by telephone where the medical practitioner:

(a)  has the capacity to provide the full service through this means safely and in accordance with professional standards; and

(b) is satisfied that it is clinically appropriate to provide the service to the patient; and

(c)  maintains an audio link with the patient.

relevant provisions means all provisions, of the Act and regulations made under the Act, and the National Health Act 1953 and regulations made under the National Health Act 1953, relating to medical services, professional services or items.

relevant service means a health service, as defined in subsection 3C(8) of the Act, that is specified in a Schedule.

Schedule means a Schedule to this instrument.

telehealth attendance means a professional attendance by video conference where the rendering medical practitioner:

(a)     has the capacity to provide the full service through this means safely and in accordance with relevant professional standards; and

(b)     is satisfied that it is clinically appropriate to provide the service to the patient; and

(c)     maintains a visual and audio link with the patient; and

(d)     is satisfied that the software and hardware used to deliver the service meets the applicable laws for security and privacy.

Note: The following terms are defined in subsection 3(1) of the Act:

·clinically relevant service;

·general medical services table;

·hospital treatment;

·hospital‑substitute treatment;

·item;

·medical practitioner;

·professional service.

(2)    Unless the contrary intention appears, a reference in this instrument to a provision of the Act or the National Health Act 1953 or regulations made under the Act or under the National Health Act 1953 as applied, adopted or incorporated in relation to specifying a matter is a reference to those provisions as in force from time to time and any other reference to provisions of an Act or regulations is a reference to those provisions as in force from time to time.

(3)    In this instrument, a general practitioner includes a kind of medical practitioner specified in clause 1.1.3 of the general medical services table.

6.  Treatment of relevant services

For subsection 3C(1) of the Act, a relevant service, provided in accordance with this instrument and as a clinically relevant service, is to be treated, for the relevant provisions, as if:

(a)it were both a professional service and a medical service; and

(b)there were an item in the general medical services table that:

i.related to the service; and

ii.specified for the service a fee in relation to each State, being the fee specified in the Schedule in relation to the service.

7.  Application of provisions of the general medical services table

(1)   Clause 1.2.1 of the general medical services table shall have effect as if an item in a Schedule of this instrument were specified in Schedule 1 of the general medical services table.

(2)   Clause 1.2.5 of the general medical services table shall have effect as if an item in a Schedule of this instrument were also specified in subclause 1.2.5(1).

(3)  Clause 1.2.7 of the general medical services table shall have effect as if items 93680 to 93685 were also specified in subclause 1.2.7(1).

8.  Application of items

(1)  An item in a Schedule does not apply to a service mentioned in the item if the patient is an admitted patient.

(2)  An item in a Schedule only applies to a service that is an attendance by a single medical practitioner on a single patient.

(3)  For items 93682, 93685, 93692, 93695, 93702 and 93705, eligible area has the meaning given by section 4 of the Health Insurance (Section 3C General Medical Services – Other Medical Practitioner) Determination 2018.

9.  Limitation of items

(1)  This section applies to items 93680, 93681, 93682, 93683, 93684, 93685, 93690, 93691, 93692, 93693, 93694, 93695, 93700, 93701, 93702, 93703, 93704 and 93705.

(2)  An item mentioned in subsection (1) does not apply to a service provided on the same occasion as:

(a)  a service associated with an item in this instrument; or

(b)  a service associated with an item in Part 2 of the general medical services table.

Schedule – relevant services

Group A45 – Nicotine and Smoking Cessation Counselling
Subgroup 1 – GP Nicotine and Smoking Cessation Counselling – Face to Face Services
93680

Professional attendance for nicotine and smoking cessation counselling, care and advice by a general practitioner at consulting rooms lasting less than 20 minutes and must include any of the following:

(a)     taking a patient history, aimed at identifying disease risk factors attributable to nicotine use and smoking dependence, and/or identifying barriers and enablers to cessation; and

(b)     completing an assessment of the patient’s nicotine dependence, including where clinically appropriate a basic physical examination; and

(c)     initiating interventions and referrals for the cessation of nicotine, if required; and

(d)     implementing a management plan for appropriate treatment; and

(e)     providing the patient with nicotine and smoking cessation advice and information, including modifiable lifestyle factors;

with appropriate documentation

 41.20
93681

Professional attendance for nicotine and smoking cessation counselling, care and advice by a medical practitioner (not including a general practitioner, specialist or consultant physician) at consulting rooms lasting less than 20 minutes and must include any of the following:

(a)     taking a patient history, aimed at identifying disease risk factors attributable to nicotine use and smoking dependence, and/or identifying barriers and enablers to cessation; and

(b)     completing an assessment of the patient’s nicotine dependence, including where clinically appropriate a basic physical examination; and

(c)     initiating interventions and referrals for the cessation of nicotine, if required; and

(d)     implementing a management plan for appropriate treatment; and

(e)     providing the patient with nicotine and smoking cessation advice and information, including modifiable lifestyle factors;

with appropriate documentation

 21.00
93682

Professional attendance for nicotine and smoking cessation counselling, care and advice by a medical practitioner (not including a general practitioner, specialist or consultant physician) at consulting rooms, in an eligible area, lasting less than 20 minutes and must include any of the following:

(a)     taking a patient history, aimed at identifying disease risk factors attributable to nicotine use and smoking dependence, and/or identifying barriers and enablers to cessation; and

(b)     completing an assessment of the patient’s nicotine dependence, including where clinically appropriate a basic physical examination; and

(c)     initiating interventions and referrals for the cessation of nicotine, if required; and

(d)     implementing a management plan for appropriate treatment; and

(e)     providing the patient with nicotine and smoking cessation advice and information, including modifiable lifestyle factors;

with appropriate documentation

 32.95
93683

Professional attendance for nicotine and smoking cessation counselling, care and advice by a general practitioner at consulting rooms lasting at least 20 minutes and must include any of the following:

(a)     taking a patient history, aimed at identifying disease risk factors attributable to nicotine use and smoking dependence, and/or identifying barriers and enablers to cessation; and

(b)     completing an assessment of the patient’s nicotine dependence, including where clinically appropriate a basic physical examination; and

(c)     initiating interventions and referrals for the cessation of nicotine, if required; and

(d)     implementing a management plan for appropriate treatment; and

(e)     providing the patient with nicotine and smoking cessation advice and information, including modifiable lifestyle factors;

with appropriate documentation

 79.70
93684

Professional attendance for nicotine and smoking cessation counselling, care and advice by a medical practitioner (not including a general practitioner, specialist or consultant physician) at consulting rooms lasting at least 20 minutes and must include any of the following:

(a)     taking a patient history, aimed at identifying disease risk factors attributable to nicotine use and smoking dependence, and/or identifying barriers and enablers to cessation; and

(b)     completing an assessment of the patient’s nicotine dependence, including where clinically appropriate a basic physical examination; and

(c)     initiating interventions and referrals for the cessation of nicotine, if required; and

(d)     implementing a management plan for appropriate treatment; and

(e)     providing the patient with nicotine and smoking cessation advice and information, including modifiable lifestyle factors;

with appropriate documentation

 38.00
93685

Professional attendance for nicotine and smoking cessation counselling, care and advice by a medical practitioner (not including a general practitioner, specialist or consultant physician) at consulting rooms, in an eligible area, lasting at least 20 minutes and must include any of the following:

(a)     taking a patient history, aimed at identifying disease risk factors attributable to nicotine use and smoking dependence, and/or identifying barriers and enablers to cessation; and

(b)     completing an assessment of the patient’s nicotine dependence, including where clinically appropriate a basic physical examination; and

(c)     initiating interventions and referrals for the cessation of nicotine, if required; and

(d)     implementing a management plan for appropriate treatment; and

(e)     providing the patient with nicotine and smoking cessation advice and information, including modifiable lifestyle factors;

with appropriate documentation.

 63.75
Subgroup 2 – GP Nicotine and Smoking Cessation Counselling – Telehealth Services
93690

Telehealth attendance for nicotine and smoking cessation counselling, care and advice by a general practitioner lasting less than 20 minutes and must include any of the following:

(a)     taking a patient history, aimed at identifying disease risk factors attributable to nicotine use and smoking dependence, and/or identifying barriers and enablers to cessation; and

(b)     completing an assessment of the patient’s nicotine dependence, including where clinically appropriate a basic physical examination; and

(c)     initiating interventions and referrals for the cessation of nicotine, if required; and

(d)     implementing a management plan for appropriate treatment; and

(e)     providing the patient with nicotine and smoking cessation advice and information, including modifiable lifestyle factors;

with appropriate documentation.

 41.20
93691

Telehealth attendance for nicotine and smoking cessation counselling, care and advice by a medical practitioner (not including a general practitioner, specialist or consultant physician) lasting less than 20 minutes and must include any of the following:

(a)     taking a patient history, aimed at identifying disease risk factors attributable to nicotine use and smoking dependence, and/or identifying barriers and enablers to cessation; and

(b)     completing an assessment of the patient’s nicotine dependence, including where clinically appropriate a basic physical examination; and

(c)     initiating interventions and referrals for the cessation of nicotine, if required; and

(d)     implementing a management plan for appropriate treatment; and

(e)     providing the patient with nicotine and smoking cessation advice and information, including modifiable lifestyle factors;

with appropriate documentation.

 21.00
93692

Telehealth attendance for nicotine and smoking cessation counselling, care and advice by a medical practitioner (not including a general practitioner, specialist or consultant physician), in an eligible area, lasting less than 20 minutes and must include any of the following:

(a)     taking a patient history, aimed at identifying disease risk factors attributable to nicotine use and smoking dependence, and/or identifying barriers and enablers to cessation; and

(b)     completing an assessment of the patient’s nicotine dependence, including where clinically appropriate a basic physical examination; and

(c)     initiating interventions and referrals for the cessation of nicotine, if required; and

(d)     implementing a management plan for appropriate treatment; and

(e)     providing the patient with nicotine and smoking cessation advice and information, including modifiable lifestyle factors;

with appropriate documentation.

 32.95
93693

Telehealth attendance for nicotine and smoking cessation counselling, care and advice by a general practitioner lasting at least 20 minutes and must include any of the following:

(a)     taking a patient history, aimed at identifying disease risk factors attributable to nicotine use and smoking dependence, and/or identifying barriers and enablers to cessation; and

(b)     completing an assessment of the patient’s nicotine dependence, including where clinically appropriate a basic physical examination; and

(c)     initiating interventions and referrals for the cessation of nicotine, if required; and

(d)     implementing a management plan for appropriate treatment; and

(e)     providing the patient with nicotine and smoking cessation advice and information, including modifiable lifestyle factors;

with appropriate documentation.

 79.70
93694

Telehealth attendance for nicotine and smoking cessation counselling, care and advice by a medical practitioner (not including a general practitioner, specialist or consultant physician) lasting at least 20 minutes and must include any of the following:

(a)     taking a patient history, aimed at identifying disease risk factors attributable to nicotine use and smoking dependence, and/or identifying barriers and enablers to cessation; and

(b)     completing an assessment of the patient’s nicotine dependence, including where clinically appropriate a basic physical examination; and

(c)     initiating interventions and referrals for the cessation of nicotine, if required; and

(d)     implementing a management plan for appropriate treatment; and

(e)     providing the patient with nicotine and smoking cessation advice and information, including modifiable lifestyle factors;

with appropriate documentation.

 38.00
93695

Telehealth attendance for nicotine and smoking cessation counselling, care and advice by a medical practitioner (not including a general practitioner, specialist or consultant physician), in an eligible area, lasting at least 20 minutes and must include any of the following:

(a)     taking a patient history, aimed at identifying disease risk factors attributable to nicotine use and smoking dependence, and/or identifying barriers and enablers to cessation; and

(b)     completing an assessment of the patient’s nicotine dependence, including where clinically appropriate a basic physical examination; and

(c)     initiating interventions and referrals for the cessation of nicotine, if required; and

(d)     implementing a management plan for appropriate treatment; and

(e)     providing the patient with nicotine and smoking cessation advice and information, including modifiable lifestyle factors;

with appropriate documentation.

 63.75
Subgroup 3 – GP Nicotine and Smoking Cessation Counselling – Phone Services
93700

Phone attendance for nicotine and smoking cessation counselling, care and advice by a general practitioner lasting less than 20 minutes and must include any of the following:

(a)     taking a patient history, aimed at identifying disease risk factors attributable to nicotine use and smoking dependence, and/or identifying barriers and enablers to cessation; and

(b)     completing an assessment of the patient’s nicotine dependence, including where clinically appropriate a basic physical examination; and

(c)     initiating interventions and referrals for the cessation of nicotine, if required; and

(d)     implementing a management plan for appropriate treatment; and

(e)     providing the patient with nicotine and smoking cessation advice and information, including modifiable lifestyle factors;

with appropriate documentation.

 41.20
93701

Phone attendance for nicotine and smoking cessation counselling, care and advice by a medical practitioner (not including a general practitioner, specialist or consultant physician) lasting less than 20 minutes and must include any of the following:

(a)     taking a patient history, aimed at identifying disease risk factors attributable to nicotine use and smoking dependence, and/or identifying barriers and enablers to cessation; and

(b)     completing an assessment of the patient’s nicotine dependence, including where clinically appropriate a basic physical examination; and

(c)     initiating interventions and referrals for the cessation of nicotine, if required; and

(d)     implementing a management plan for appropriate treatment; and

(e)     providing the patient with nicotine and smoking cessation advice and information, including modifiable lifestyle factors;

with appropriate documentation.

 21.00
93702

Phone attendance for nicotine and smoking cessation counselling, care and advice by a medical practitioner (not including a general practitioner, specialist or consultant physician), in an eligible area, lasting less than 20 minutes and must include any of the following:

(a)     taking a patient history, aimed at identifying disease risk factors attributable to nicotine use and smoking dependence, and/or identifying barriers and enablers to cessation; and

(b)     completing an assessment of the patient’s nicotine dependence, including where clinically appropriate a basic physical examination; and

(c)     initiating interventions and referrals for the cessation of nicotine, if required; and

(d)     implementing a management plan for appropriate treatment; and

(e)     providing the patient with nicotine and smoking cessation advice and information, including modifiable lifestyle factors;

with appropriate documentation.

 32.95
93703

Phone attendance for nicotine and smoking cessation counselling, care and advice by a general practitioner lasting at least 20 minutes and must include any of the following:

(a)     taking a patient history, aimed at identifying disease risk factors attributable to nicotine use and smoking dependence, and/or identifying barriers and enablers to cessation; and

(b)     completing an assessment of the patient’s nicotine dependence, including where clinically appropriate a basic physical examination; and

(c)     initiating interventions and referrals for the cessation of nicotine, if required; and

(d)     implementing a management plan for appropriate treatment; and

(e)     providing the patient with nicotine and smoking cessation advice and information, including modifiable lifestyle factors;

with appropriate documentation.

 79.70
93704

Phone attendance for nicotine and smoking cessation counselling, care and advice by a medical practitioner (not including a general practitioner, specialist or consultant physician) lasting at least 20 minutes and must include any of the following:

(a)     taking a patient history, aimed at identifying disease risk factors attributable to nicotine use and smoking dependence, and/or identifying barriers and enablers to cessation; and

(b)     completing an assessment of the patient’s nicotine dependence, including where clinically appropriate a basic physical examination; and

(c)     initiating interventions and referrals for the cessation of nicotine, if required; and

(d)     implementing a management plan for appropriate treatment; and

(e)     providing the patient with nicotine and smoking cessation advice and information, including modifiable lifestyle factors;

with appropriate documentation.

 38.00
93705

Phone attendance for nicotine and smoking cessation counselling, care and advice by a medical practitioner (not including a general practitioner, specialist or consultant physician), in an eligible area, lasting at least 20 minutes and must include any of the following:

(a)     taking a patient history, aimed at identifying disease risk factors attributable to nicotine use and smoking dependence, and/or identifying barriers and enablers to cessation; and

(b)     completing an assessment of the patient’s nicotine dependence, including where clinically appropriate a basic physical examination; and

(c)     initiating interventions and referrals for the cessation of nicotine, if required; and

(d)     implementing a management plan for appropriate treatment; and

(e)     providing the patient with nicotine and smoking cessation advice and information, including modifiable lifestyle factors;

with appropriate documentation.

 63.75

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x /sub‑subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced

Endnote 3—Legislation history

Name Registration Commencement Application, saving and transitional provisions
Health Insurance (Section 3C General Medical Services – Smoking Cessation Services) Determination 2021 21 July 2021 (F2021L01006) 21 July 2021 (s 2(1) item 1)
Health Insurance Legislation Amendment (Section 3C General Medical Services – Telehealth and Phone GP Fee Alignment) Determination 2021 17 Dec 2021 (F2021L01839) Sch 1 (item 5): 1 Mar 2022 (s 2(1) item 2) —
Health Insurance Legislation Amendment (2022 Measures No. 2) Determination 2022 28 Feb 2022 (F2022L00200) Sch 2: 1 Mar 2022 (s 2(1) item 2) —
Health Insurance Legislation Amendment (Indexation) Determination 2022 7 Apr 2022 (F2022L00553) Sch 2 (item 18): 1 July 2022 (s 2(1) item 1) —
Health Insurance Legislation Amendment (Indexation) Determination 2023 24 Mar 2023 (F2023L00348) Sch 2 (item 6): 1 July 2023 (s 2(1) item 1) —

Endnote 4—Amendment history

Provision affected How affected
s 2............................................. rep LA s 48D
s 4............................................. am F2022L00200
Schedule
Schedule................................... am F2021L01839
ed C1
am F2022L00553; F2023L00348
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