Health Practitioner Regulation National Law (Tasmania) (Consequential Amendments) Act 2010
An Act to amend certain Acts and statutory rules consequent on the enactment of the Health Practitioner Regulation National Law (Tasmania) Act 2010
[Royal Assent 25 June 2010]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1Short titleThis Act may be cited as the Health Practitioner Regulation National Law (Tasmania) (Consequential Amendments) Act 2010 . 2CommencementThe provisions of this Act commence on a day or days to be proclaimed. 3Effect of certain consequential amendmentsThe amendment by this Act of a provision of any regulations, rules or by-laws made under any Act does not prevent that provision or any other provision of those regulations, rules or by-laws from being amended or rescinded by any subsequent regulations, rules or by-laws. 4Consequential amendmentsThe legislation specified in Schedule 1 is amended as specified in that Schedule. 5Repeal of ActThis Act is repealed on the ninetieth day from the day on which all of the provisions of this Act commence. Schedule 1Consequential AmendmentsSection 4
1. Section 46 is amended as follows: (a) by inserting the following definition after the definition of crime : enrolled nurse means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the nursing profession whose name is entered on Division 2 of the Register of Nurses, kept under that Law, as an enrolled nurse; (b) by inserting the following definition after the definition of Magistrates Court : medical practitioner means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the medical profession; (c) by inserting the following definition after the definition of public place : registered nurse means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the nursing profession whose name is entered on Division 1 of the Register of Nurses, kept under that Law, as a registered nurse; 1. Section 24(4) is amended by omitting "legally-qualified". 2. Section 36(3) is amended by omitting "legally-qualified". 3. Section 37(1)(b) is amended by omitting "legally-qualified". 4. Section 76 is amended by omitting "legally-qualified". 1. Regulation 3(1) is amended by omitting the definition of medical practitioner . 1. Section 3(1) is amended as follows: (a) by inserting the following definition after the definition of operator : pharmacist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the pharmacy profession; (b) by omitting the definition of registered pharmacist ; (c) by omitting "registered pharmaceutical chemist" from paragraph (a)(i) of the definition of veterinary chemical product and substituting "pharmacist". 2. Section 15(1)(d) is amended as follows: (a) by omitting "duly qualified"; (b) by omitting "registered". 1. Section 2(1) is amended by omitting the definition of medical practitioner . 2. Section 8(1)(a) is amended by omitting "legally-qualified". 3. Clause 4(1)(c) of Schedule 1 is amended by omitting "legally-qualified". 1. Regulation 3 is amended by omitting the definition of medical practitioner . 1. Schedule 1 is amended by inserting after Part 6 the following Part: PART 6AHealth 1. A person registered under the Health Practitioner Regulation National Law (Tasmania) as a registered health professional in a health profession, within the meaning of that Law. 2. A person registered on a student register under the Health Practitioner Regulation National Law (Tasmania) in a health profession, within the meaning of that Law. 1. Section 3 is amended as follows: (a) by omitting the definition of doctor ; (b) by omitting the definition of midwife and substituting the following definition: midwife means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the midwifery profession; 2. Section 11 is amended as follows: (a) by omitting from subsection (4) “doctor’s” and substituting “medical practitioner’s”; (b) by omitting from subsection (5) "doctor" twice occurring and substituting "medical practitioner"; (c) by omitting "doctor" from paragraph (b)(i) of the definition of responsible person in subsection (6) and substituting "medical practitioner"; (d) by omitting "doctor" from paragraph (b)(ii) of the definition of responsible person in subsection (6) and substituting "medical practitioner". 3. Section 28B(a) is amended by omitting "doctors, or 2 medical practitioners registered under the law of any other State," and substituting "medical practitioners". 4. Section 34(1)(a) is amended by omitting "doctor" and substituting "medical practitioner". 5. Section 35 is amended as follows: (a) by omitting from subsection (1) "doctor" and substituting "medical practitioner"; (b) by omitting from subsection (2) "doctor" first occurring and substituting "medical practitioner"; (c) by omitting from subsection (2)(a) "doctor" and substituting "medical practitioner"; (d) by omitting from subsection (3) "doctor" and substituting "medical practitioner". 1. Section 6(c) is amended by omitting "registered". 1. Regulation 3(1) is amended by omitting the definition of medical practitioner . 1. Regulation 3 is amended by omitting the definitions of medical practitioner and nurse and substituting the following definitions: midwife means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the midwifery profession; nurse means a registered nurse or an enrolled nurse; 2. Regulation 5 is amended as follows: (a) by inserting the following paragraph after paragraph (c) in subregulation (1) : (ca) a midwife; (b) by inserting in subregulation (2) "midwife," after "nurse,". 1. The definition of prescribed person in section 14(1) is amended as follows: (a) by omitting from paragraph (a) "registered"; (b) by omitting paragraphs (b) , (c) and (d) and substituting the following paragraphs: (b) a registered nurse or enrolled nurse; and (ba) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the midwifery profession; and (c) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dentist, dental therapist, dental hygienist or oral health therapist; and (d) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession; and 1. Section 17(2)(c) is amended by omitting "registered". 2. Section 21 is amended as follows: (a) by omitting from subsection (1) "registered" first occurring; (b) by omitting from subsection (1) "registered" second occurring; (c) by omitting from subsection (1)(b) "registered"; (d) by omitting from subsection (2) "registered" first occurring; (e) by omitting from subsection (2)(b) "registered". 1. Section 38 is amended by omitting "legally-qualified". 1. Section 3 is amended by omitting the definition of medical practitioner . 1. Section 3 is amended by omitting "legally qualified" from the definition of medical officer . 2. Section 30(1) is amended by omitting "nurse registered under the Nursing Act 1995 " and substituting "registered nurse". 3. Section 31 is amended by omitting "nurse registered under the Nursing Act 1995 " and substituting "registered nurse". 4. Section 32(2) is amended by omitting "nurse registered under the Nursing Act 1995 " and substituting "registered nurse". 1. Section 164 is amended as follows: (a) by omitting from subsection (2)(a) "registered"; (b) by omitting from subsection (3) "registered"; (c) by omitting from subsection (4) "registered"; (d) by omitting from subsection (5) "registered"; (e) by omitting from subsection (6) "registered"; (f) by omitting "registered" from paragraph (a) of the definition of informed consent in subsection (9) ; (g) by omitting "registered" from paragraph (b) of the definition of informed consent in subsection (9) . 1. Section 3 is amended by omitting the definition of psychiatrist and substituting the following definition: psychiatrist means a medical practitioner who – (a) is a Fellow of the Royal Australian and New Zealand College of Psychiatrists; or (b) holds specialist registration in the speciality of psychiatry; or (c) holds limited registration which enables the person to practise the speciality of psychiatry; 2. Section 35 is amended as follows: (a) by omitting from subsection (2)(a) "psychiatrist" first occurring and substituting "medical practitioner"; (b) by inserting the following subsection after subsection (3) : (4) In this section – medical practitioner means a person who – (a) is a psychiatrist; or (b) is a medical practitioner approved by the Chief Forensic Psychiatrist as holding the requisite training and experience to provide medico-legal reports to the court. 1. Regulation 217(2)(b) is amended by omitting "registered". 2. Clause 1 of Schedule 3 is amended by omitting the definition of registered and substituting the following definition: registered, for a vehicle, means a vehicle registered under State or Territory law; 1. Section 9(1)(b) is amended by omitting "duly qualified". 1. Section 10(2) is amended by omitting "registered". 1. Section 31(6) is amended by omitting "registered". 2. The definition of prescribed person in section 38(1) is amended as follows: (a) by omitting from paragraph (a) "registered"; (b) by omitting paragraphs (b) , (c) and (d) and substituting the following paragraphs: (b) a registered nurse or enrolled nurse; and (ba) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the midwifery profession; and (c) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dentist, dental therapist, dental hygienist or oral health therapist; and (d) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession; and 1. Section 148(6) is amended by omitting paragraphs (a) , (b) and (c) from the definition of prescribed person and substituting: (a) a medical practitioner; or (b) a registered nurse; or (c) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession; or 1. Section 3(2) is amended as follows: (a) by omitting paragraph (c) and substituting the following paragraph: (c) one is to be a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dentist; (b) by omitting from paragraph (e) "registered". 1. Section 3(1) is amended as follows: (a) by omitting the definition of dentist and substituting the following definition: dentist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dentist; (b) by omitting the definition of medical practitioner ; (c) by omitting the definition of nurse and substituting the following definition: nurse means a registered nurse; 1. Section 30(7) is amended by omitting "legally qualified". 1. Section 3(1) is amended by omitting the definition of registered practitioner and substituting the following definition: registered practitioner means a person who is a medical practitioner or a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dentist; 1. Regulation 3 is amended as follows: (a) by omitting "registered" twice occurring from the definition of health care professional ; (b) by inserting the following definition after the definition of Poisons List : psychologist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession; 1. Schedule 1 is amended by omitting from column 2 of paragraph (c) of item 1 in Part 3 "registered". 1. Section 3 is amended as follows: (a) by inserting the following definitions after the definition of health service user : local registration board means a body specified in Schedule 2 ; National Board means a National Health Practitioner Board established by the Health Practitioner Regulation National Law (Tasmania); notification has the same meaning as in the Health Practitioner Regulation National Law (Tasmania) and includes part of a notification; (b) by omitting the definition of registration board and substituting the following definition: registration board means a National Board or a local registration board; 2. Section 24A is amended by inserting "local" after "any relevant". 3. Section 25 is amended as follows: (a) by inserting in subsection (2) "or notification" after "a complaint"; (b) by inserting the following subsection after subsection (2) : (2A) For the purposes of subsection (2) , a notification which is or is to be dealt with by the Commissioner by reason of the provisions or operation of section 150 of the Health Practitioner Regulation National Law (Tasmania) is taken to have been referred to the Commissioner by the National Board to which the notification was made. 4. Before section 56A , the following section is inserted in Part 7: 56AARelationship of this Act to Health Practitioner Regulation National Law (Tasmania) (1) If a provision of this Act is inconsistent with section 150 of the Health Practitioner Regulation National Law (Tasmania), section 150 prevails and the provision of this Act has no effect to the extent of the inconsistency. (2) If part of a complaint or notification is dealt with by a National Board pursuant to section 150 of the Health Practitioner Regulation National Law (Tasmania), the Commissioner is not precluded from dealing with the remaining part of the complaint or notification under this Act. 5. Section 56A is repealed and the following section is substituted: 56AAgreement on protocol The Commissioner and a National Board may agree on protocols that relate to all or any of the following: (a) the consultation process referred to in this Act; (b) the agreement process referred to in section 150 of the Health Practitioner Regulation National Law (Tasmania); (c) the referral of complaints or notifications made or likely to be made under this Act or the Health Practitioner Regulation National Law (Tasmania). 6. Section 57 is amended as follows: (a) by inserting in subsection (1) "local" after "If a"; (b) by inserting in subsection (2) "local" after "and a"; (c) by inserting in subsection (4) "local" after "A"; (d) by inserting in subsection (5) "local" after "guidelines to". 7. Section 58 is amended as follows: (a) by inserting in subsection (1) "local" after "A"; (b) by inserting in subsection (2) "local" after "grievance, the"; (c) by inserting in subsection (3) "local" after " subsection (1)(a) , the"; (d) by inserting in subsection (4) "local" after " subsection (1)(b) , the"; (e) by inserting in subsection (5)(a) "local" after "notify the"; (f) by inserting in subsection (6) "local" after "by the". 8. Section 62 is amended by inserting "local" after "before a". 9. Section 62A is amended by inserting "local" after "a". 10. Section 73(ab) is amended by inserting "local" after "by a". 11. Schedule 2 is amended by omitting the table and substituting: Medical Radiation Science Professionals Registration Board of Tasmania |
1. Section 3 is amended by omitting the definition of Health Registration Act and substituting the following definition: Health Registration Act means the Health Practitioner Regulation National Law (Tasmania); 2. Section 9(2) is amended as follows: (a) by omitting from paragraph (b) "pharmaceutical chemist" and substituting "pharmacist"; (b) by omitting from paragraph (d) "registered". 1. Section 3(1) is amended by omitting "legally qualified". 1. Section 3 is amended as follows: (a) by omitting the definition of dentist and substituting the following definition: dentist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dentist; (b) by omitting the definition of medical practitioner ; (c) by omitting the definition of nurse and substituting the following definition: nurse means a registered nurse; (d) by omitting the definition of pharmacist and substituting the following definition: pharmacist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the pharmacy profession; 1. Section 3(1) is amended as follows: (a) by omitting the definition of medical practitioner ; (b) by omitting the definition of registered nurse . 1. Section 66(5) is amended by omitting the definition of health practitioners and substituting the following definition: health practitioners means – (a) medical practitioners; and (b) persons registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as dentists; and (c) persons registered under the Health Practitioner Regulation National Law (Tasmania) in the optometry profession; and (d) persons registered under the Health Practitioner Regulation National Law (Tasmania) in the physiotherapy profession; and (e) persons registered under the Health Practitioner Regulation National Law (Tasmania) in the podiatry profession. 1. Section 3 is amended as follows: (a) by inserting the following definition after the definition of prohibited matter : psychologist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession; (b) by omitting the definitions of registered medical practitioner and registered psychologist . 2. Section 58 is amended as follows: (a) by omitting from subsection (4)(a) "registered" twice occurring; (b) by omitting from subsection (5) "registered" twice occurring. 1. Section 106E(1D) is amended by omitting "legally-qualified". 1. Section 4(1) is amended by omitting the definition of registered medical practitioner . 2. Section 26(3)(b) is amended by omitting "registered". 3. Section 87(1)(c) is amended by omitting "registered". 1. Section 5(2)(b) is amended by omitting "legally-qualified". 1. Section 13(3)(b) is amended by omitting "legally-qualified". 1. Section 3 is amended as follows: (a) by omitting the definition of medical practitioner ; (b) by omitting the definition of nurse and substituting the following definition: nurse means a registered nurse or an enrolled nurse; 1. Regulation 11 is amended as follows: (a) by omitting from subregulation (2) "registered"; (b) by omitting from subregulation (3) "registered". 2. Regulation 24 is amended as follows: (a) by omitting from subregulation (2) "registered"; (b) by omitting from subregulation (3) "registered"; (c) by omitting from subregulation (4) "registered". 1. Section 6(1)(b) is amended by omitting "registered". 2. Section 65 is amended by omitting "registered" first occurring. 1. Section 3 is amended by omitting the definition of psychiatrist and substituting the following definition: psychiatrist means a medical practitioner who – (a) is a Fellow of the Royal Australian and New Zealand College of Psychiatrists; or (b) holds specialist registration in the speciality of psychiatry; or (c) holds limited registration which enables the person to practise the speciality of psychiatry; 2. Section 72N(2)(a)(i) is amended by omitting "nurse who is registered under the Nursing Act 1995 " and substituting "registered nurse". 3. Section 73B is amended as follows: (a) by omitting from subsection (2) "nurse registered under the Nursing Act 1995 " and substituting "registered nurse"; (b) by omitting from subsection (6) "nurse registered under the Nursing Act 1995 " and substituting "registered nurse". 1. Section 3(1) is amended by omitting the definition of medical practitioner . 2. Section 28(1) is amended by omitting the definition of health professional and substituting the following definition: health professional means – (a) a medical practitioner; and (b) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dentist; and (c) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the nursing profession who is endorsed by the Nursing and Midwifery Board of Australia to practise as a nurse practitioner; and (d) a person who may lawfully practise as a veterinary surgeon, whether in this State or in a Territory or another State. 1. Section 23(8) is amended by omitting paragraph (a) from the definition of counselling services and substituting: (a) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession; or 1. Clause 1(3) of Part 2 of Schedule 1 is amended as follows: (a) by omitting from paragraph (a) "registered"; (b) by omitting from paragraph (b) "registered"; (c) by omitting from paragraph (f) "registered" first occurring. 1. Section 3 is amended by inserting after the definition of maternal death the following definition: midwife means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the midwifery profession; 2. Section 5(1) is amended by omitting paragraph (g) and substituting the following paragraph: (g) one is to be a midwife who is nominated by the Tasmanian Branch of the Australian College of Midwives Incorporated. 3. Section 6(c) is amended as follows: (a) by omitting "legally-qualified"; (b) by omitting "and nurses" and substituting ", registered nurses, enrolled nurses and midwives". 4. Section 15(1)(a) is amended as follows: (a) by omitting "legally-qualified"; (b) by omitting "nurse" and substituting "registered nurse, enrolled nurse or midwife". 5. The definition of attendant in section 16(1) is amended as follows: (a) by omitting from paragraph (c)(ii) "legally-qualified"; (b) by omitting from paragraph (c)(iii) "legally-qualified" first occurring; (c) by omitting from paragraph (c)(iii)(B) "legally-qualified"; (d) by omitting from paragraph (d)(i) "legally-qualified"; (e) by omitting from paragraph (d)(ii) "legally-qualified"; (f) by omitting from paragraph (d)(iii) "legally-qualified". 1. Section 3B is amended as follows: (a) by omitting from subsection (1) "registered"; (b) by omitting subsection (2) . 1. Regulation 4(1) is amended as follows: (a) by omitting the definition of registered medical practitioner ; (b) by omitting "registered" from paragraph (a) of the definition of therapeutic drug ; (c) by omitting "registered" from paragraph (b) of the definition of therapeutic drug . 1. Regulation 4(1) is amended as follows: (a) by omitting the definitions of registered medical practitioner , registered nurse and registered pharmacist and substituting the following definition: pharmacist means a person who is registered under the Health Practitioner Regulation National Law (Tasmania) in the pharmacy profession; (b) by omitting "registered" from paragraph (a) of the definition of therapeutic drug ; (c) by omitting "registered" from paragraph (b) of the definition of therapeutic drug . 2. Regulation 8(2)(b)(ii) is amended as follows: (a) by omitting "registered" first occurring; (b) by omitting "registered" third occurring. 1. After section 5 , the following section is inserted in Part 1: 5AInconsistency between Act and Health Practitioner Regulation National Law (Tasmania) In the event of an inconsistency between a provision of this Act and the Health Practitioner Regulation National Law (Tasmania), the provisions of the Health Practitioner Regulation National Law (Tasmania) prevail. 1. Section 3(1) is amended as follows: (a) by omitting the definition of dentist and substituting the following definition: dentist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dentist, except in section 36 and Parts V and VA in which case the dentist must be present in Tasmania and acting in the course of dental practice in Tasmania; (b) by omitting the definition of medical practitioner and substituting the following definition: medical practitioner means a medical practitioner, except in section 36 and Parts V and VA in which case the medical practitioner must be present in Tasmania and acting in the course of medical practice in Tasmania; (c) by inserting the following definition after the definition of medicinal poison : midwife means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the midwifery profession; (d) by omitting the definition of nurse practitioner and substituting the following definition: nurse practitioner means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the nursing profession who is endorsed by the Nursing and Midwifery Board of Australia to practise as a nurse practitioner, except in section 36 and Parts V and VA in which case the nurse practitioner must be present in Tasmania and acting in the course of nurse practitioner practice in Tasmania; (e) by omitting the definitions of pharmaceutical chemist and pharmacy trainee and substituting the following definitions: pharmaceutical chemist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the pharmacy profession but does not include a person who holds provisional, student or non-practising registration in that profession; pharmacy trainee means a person who holds provisional registration under the Health Practitioner Regulation National Law (Tasmania) in the pharmacy profession; (f) by omitting the definition of registered nurse ; (g) by omitting "or the Pharmacists Registration Act 2001 " from paragraph (a) of the definition of wholesale dealing . 2. Section 5(a) is amended by omitting " Pharmacists Registration Act 2001 " and substituting "Health Practitioner Regulation National Law (Tasmania)". 3. Section 25A(1) is amended by inserting "or midwife" after "nurse". 4. Section 26 is amended as follows: (a) by omitting from subsection (1A) "registered"; (b) by omitting from subsection (1C) "registered". 5. Section 36 is amended as follows: (a) by omitting from subsection (1)(b)(i) "registered"; (b) by omitting from subsection (1A) "registered". 6. Section 38 is amended as follows: (a) by omitting from subsection (1)(ab) "authorised to prescribe such a substance under Division 3A of Part 3 of the Optometrists Registration Act 1994 " and substituting "endorsed to prescribe such a substance under the Health Practitioner Regulation National Law (Tasmania)"; (b) by inserting in subsection (1)(c) "or midwife" after "registered nurse"; (c) by inserting in subsection (1)(e) "or midwife" after "registered nurse"; (d) by omitting from subsection (1)(ea)(i) "a person who is a registered optometrist" and substituting "an optometrist"; (e) by omitting subparagraph (ii) from subsection (1)(ea) and substituting the following subparagraph: (ii) of a class 1 substance by an optometrist who is endorsed to administer such a substance under the Health Practitioner Regulation National Law (Tasmania); (f) by omitting from subsection (1)(f) " Podiatrists Registration Act 1995 " and substituting "Health Practitioner Regulation National Law (Tasmania)"; (g) by omitting the definition of registered optometrist from subsection (1A) and substituting the following definition: optometrist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the optometry profession; 7. Section 47(1) is amended as follows: (a) by inserting in paragraph (d) "or midwife" after "nurse"; (b) by inserting in paragraph (da) "or midwife" after "nurse". 8. Section 48 is amended as follows: (a) by inserting in subsection (1)(b) "or midwife" after "nurse"; (b) by inserting in subsection (2)(ba) "or midwife" after "nurse". 9. Section 59(6) is amended by omitting paragraphs (a) , (b) , (c) and (ca) and substituting the following paragraph: (a) professional misconduct within the meaning and for the purposes of Part 8 of the Health Practitioner Regulation National Law (Tasmania); 10. Section 93(6) is amended by omitting " Pharmacists Registration Act 2001 " and substituting "Health Practitioner Regulation National Law (Tasmania)". 1. After clause 3 , the following clause is inserted: 3ADefinition In a Schedule to this order – registered dental professional means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dentist or dental therapist. 1. Regulation 3(1) is amended as follows: (a) by omitting "Tasmania" from the definition of approved recording system and substituting "Australia"; (b) by omitting the definitions of authorised optometrist and Board and substituting the following definition: authorised optometrist means an optometrist who holds an endorsement under the Health Practitioner Regulation National Law (Tasmania) to prescribe a restricted substance; (c) by omitting the definitions of dental therapist and dentist and substituting the following definition: dental therapist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dental therapist; (d) by omitting the definition of enrolled nurse ; (e) by inserting the following paragraph after paragraph (d) in the definition of health professional : (da) a midwife; and (f) by omitting the definitions of Nursing Board and optometrist and substituting the following definitions: Nursing and Midwifery Board of Australia means the Nursing and Midwifery Board of Australia established under the Health Practitioner Regulation National Law (Tasmania); optometrist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the optometry profession; (g) by inserting "midwife," after "a medical practitioner, dentist, podiatrist, dental therapist, registered nurse," in the definition of patient ; (h) by inserting "midwife," after "that medical practitioner, dentist, podiatrist, dental therapist, registered nurse," in the definition of patient ; (i) by omitting "pharmacist" from the definition of pharmacy and substituting "pharmaceutical chemist"; (j) by omitting the definition of podiatrist and substituting the following definition: podiatrist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the podiatry profession; (k) by omitting the definition of trainee pharmacist . 2. Regulation 21 is amended as follows: (a) by omitting "doctor" first occurring and substituting "medical practitioner"; (b) by omitting from paragraph (b) "doctor" and substituting "medical practitioner"; (c) by omitting paragraph (c) and substituting the following paragraphs: (c) the nurse has undergone an educational program approved by the Nursing and Midwifery Board of Australia; and (ca) the nurse’s registration has been endorsed by that Board; and 3. Regulation 22 is amended as follows: (a) by inserting in paragraph (b) "or midwife" after "registered nurse"; (b) by inserting in paragraph (b) "or midwife" after "the nurse"; (c) by inserting in paragraph (c) "or midwife" after "registered nurse"; (d) by inserting in paragraph (c) "or midwife" after "the nurse"; (e) by inserting in paragraph (d) "or midwife" after "nurse". 4. Regulation 23(14) is amended as follows: (a) by omitting from paragraph (b) "dental practitioner" and substituting "dentist"; (b) by inserting in paragraph (d)(i) "dentist," after "practitioner,". 5. Regulation 27 is amended as follows: (a) by inserting in subregulation (1)(a)(i) "or midwife" after "nurse"; (b) by inserting in subregulation (2)(a)(i) "or midwife" after "nurse". 6. Regulation 29 is amended as follows: (a) by inserting in subregulation (1) "or midwife" after "nurse"; (b) by inserting in subregulation (2) "or midwife" after "nurse"; (c) by inserting in subregulation (4) "or midwife" after "nurse". 7. Regulation 30(4) is amended by inserting "or midwife" after "registered nurse". 8. Regulation 53(1)(b) is amended by omitting "trainee pharmacist" and substituting "pharmacy trainee". 9. Regulation 56(2)(b)(i) is amended by inserting "or midwife" after "nurse". 10. Regulation 58 is amended by inserting "or midwife" after "nurse". 11. Regulation 59(4) is amended by inserting "or midwife" after "registered nurse". 12. Regulation 60 is amended as follows: (a) by inserting in paragraph (a)(ii) "or midwife" after "registered nurse"; (b) by omitting from paragraph (b) "Executive Officer of the Nursing Board of Tasmania" and substituting "Nursing and Midwifery Board of Australia". 13. Regulation 61 is amended as follows: (a) by omitting "doctor" first occurring and substituting "medical practitioner"; (b) by omitting from paragraph (b) "doctor" and substituting "medical practitioner"; (c) by omitting paragraph (c) and substituting the following paragraphs: (c) the nurse has undergone an educational program approved by the Nursing and Midwifery Board of Australia; and (ca) the nurse’s registration has been endorsed by that Board; and 14. Regulation 62 is amended as follows: (a) by inserting in paragraph (b) "or midwife" after "registered nurse"; (b) by inserting in paragraph (b) "or midwife" after "the nurse"; (c) by inserting in paragraph (c) "or midwife" after "registered nurse"; (d) by inserting in paragraph (c) "or midwife" after "the nurse"; (e) by inserting in paragraph (ca) "or midwife" after "nurse"; (f) by inserting in paragraph (e) "or midwife" after "registered nurse"; (g) by inserting in paragraph (e) "or midwife" after "the nurse". 15. Regulation 64 is amended as follows: (a) by inserting in paragraph (b) "or midwife" after "nurse"; (b) by inserting in paragraph (c) "or midwife" after "nurse". 16. Regulation 76 is amended as follows: (a) by inserting in subregulation (2)(e) "or midwife" after "nurse"; (b) by inserting in subregulation (3)(f) "or midwife" after "nurse"; (c) by omitting paragraph (i) from subregulation (3) and substituting the following paragraph: (i) an optometrist; (d) by inserting in subregulation (3)(j) "or midwife" after "nurse"; (e) by omitting paragraph (h) from subregulation (4) and substituting the following paragraph: (h) an optometrist; 17. Regulation 80(3)(c) is amended by inserting "or midwife" after "registered nurse". 18. Regulation 94(1) is amended by omitting the definition of midwife . 1. The definition of qualified person in section 3 is amended as follows: (a) by omitting from paragraph (a) "registered"; (b) by omitting paragraph (b) and substituting the following paragraph: (b) a registered nurse or an enrolled nurse; 2. Section 29(3) is amended by omitting "registered". 1. Regulation 7(7)(a) is amended by omitting "registered". 2. Regulation 8 is amended as follows: (a) by omitting from subregulation (1) "registered"; (b) by omitting from subregulation (3) "registered". 1. Section 6(2)(a) is amended by omitting "registered". 2. Section 11 is amended as follows: (a) by omitting from subsection (1)(a) "registered"; (b) by omitting from subsection (2)(a) "registered". 3. Section 41 is amended as follows: (a) by omitting from subsection (1) "registered"; (b) by omitting from subsection (4) "registered". 4. Section 45 is amended by omitting "registered". 5. Section 50 is amended as follows: (a) by omitting from subsection (1) "registered"; (b) by omitting from subsection (2) "registered" twice occurring. 6. Section 56(2) is amended by omitting "registered". 7. Section 94(2) is amended by omitting paragraphs (a) , (b) , (c) , (d) , (e) , (f) , (g) , (h) , (i) , (j) and (k) and substituting the following paragraphs: (a) the Health Practitioner Regulation National Law (Tasmania); (b) Hospitals Act 1918 ; (c) Health Service Establishments Act 2006 ; (d) Medical Radiation Science Professionals Registration Act 2000 . 8. Section 147(b) is amended by omitting "registered". 1. Section 3(1) is amended by inserting after the definition of investment committee the following definition: pharmacist means a person who is registered under the Health Practitioner Regulation National Law (Tasmania) in the pharmacy profession; 2. The definition of charges for medical treatment in section 61(2) is amended as follows: (a) by omitting "registered" first occurring; (b) by omitting "practising". 1. Regulation 4 is rescinded and the following regulation is substituted: 4Criteria for determining applications for authorities (1) For the purposes of section 21(2)(a) of the Act, the following are prescribed criteria: (a) whether a person specified in the application as likely to be dealing with the radiation source has adequate training in radiation protection measures; (b) whether a person specified in the application as likely to be dealing with the radiation source has experience and qualifications relevant to the dealing with the radiation source to be conducted by the person; (c) whether a person specified in the application as likely to be dealing with the radiation source is licensed or registered with, or has an authority issued by, an appropriate board in Tasmania that is relevant to the person’s profession and role in the radiation practice; (d) whether any of the following persons has been convicted of an offence that the Director of Public Health considers relevant, whether in Tasmania or elsewhere: (i) the applicant; (ii) a person specified in the application as likely to be dealing with the radiation source; (iii) if the applicant is a body corporate, a director or person concerned in the management of the body corporate; (iv) if the applicant is a partnership, a partner of the partnership; (e) whether any of the following persons has had any licence, registration, accreditation or other authorisation relating to any dealing with a radiation source revoked, whether in Tasmania or elsewhere: (i) the applicant; (ii) a person specified in the application as likely to be dealing with the radiation source; (iii) if the applicant is a body corporate, a director or person concerned in the management of the body corporate; (iv) if the applicant is a partnership, a partner of the partnership. (2) For the purposes of subregulation (1)(c) – an appropriate board includes a Board established under the Health Practitioner Regulation National Law (Tasmania). 1. Clause 1(1) of Part 1 of Schedule 1 is amended as follows: (a) by omitting the definition of medical practitioner ; (b) by omitting the definition of registered nurse . 1. Regulation 61(1)(a) is amended by omitting "duly qualified". 2. Regulation 62(2) is amended by omitting "duly qualified" from the definition of n . 1. Regulation 31(4)(a) is amended by omitting "legally-qualified". 2. Regulation 33(10)(a) is amended by omitting "legally qualified". 3. Regulation 72(5) is amended by omitting "legally-qualified". 4. Regulation 118(8)(a) is amended by omitting "legally qualified". 5. Regulation 120(3)(a) is amended by omitting "legally-qualified". 6. Regulation 126(3)(a) is amended by omitting "legally-qualified". 1. Section 18 is amended as follows: (a) by omitting from subsection (5) "registered"; (b) by omitting subsection (6) . 1. Rule 376(3) is amended by omitting "registered". 1. Section 2 is amended as follows: (a) by omitting the definition of qualified nurse from subsection (1) and substituting the following definition: qualified nurse means a registered nurse or an enrolled nurse; (b) by omitting the definition of medical practitioner from subsection (2) . 2. Section 6(4)(c)(ii) is amended by omitting "registered". 3. Section 29B is amended by omitting "registered". 1. Regulation 22(6)(a) is amended by omitting "legally-qualified". 2. Regulation 29(3)(c)(iii) is amended by omitting "legally-qualified". 1. Regulation 3 is amended by omitting the definition of medical practitioner . 1. Section 3 is amended by omitting the definitions of registered medical practitioner and registered pharmaceutical chemist . 2. Section 19(5) is amended by omitting paragraph (b) from the definition of public place and substituting: (b) premises where a medical practitioner, registered veterinary surgeon or a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession or pharmacy profession carries on the practice of his or her profession. 1. Section 41A(4)(b) is amended by omitting "legally-qualified". 1. Section 3(1) is amended as follows: (a) by omitting the definition of medical practitioner ; (b) by omitting the definition of registered health care practitioner and substituting the following definition: registered health care practitioner means – (a) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession; and (b) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the optometry profession; and (c) an occupational therapist registered or licensed as such under the law of a State or Territory; 1. Section 14(1) is amended by omitting "legally-qualified". 1. Section 3(1) is amended by omitting the definition of medical practitioner . 2. Section 74 is amended as follows: (a) by omitting the definition of chiropractor and substituting the following definition: chiropractor means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the chiropractic profession; (b) by omitting the definition of dentist and substituting the following definition: dentist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dentist; (c) by omitting "pharmaceutical chemist" from paragraph (d) of the definition of medical services and substituting "pharmacist"; (d) by omitting the definition of nurse and substituting the following definition: nurse means a registered nurse or an enrolled nurse; (e) by omitting the definitions of optometrist , osteopath , physiotherapist , podiatrist and registered pharmacist and substituting the following definitions: optometrist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the optometry profession; osteopath means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the osteopathy profession; pharmacist means a person who is registered under the Health Practitioner Regulation National Law (Tasmania) in the pharmacy profession; physiotherapist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the physiotherapy profession; podiatrist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the podiatry profession; psychologist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession; 1. Regulation 22(3) is amended by omitting "registered" twice occurring. 2. Regulation 72(2) is amended by omitting "legally qualified". 1. Section 3(1) is amended by inserting after the definition of provide the following definition: psychologist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession; [Second reading presentation speech made in:
House of Assembly on 8 JUNE 2010
Legislative Council on 16 JUNE 2010]