Health Services (Health Service Establishments) Amendment Regulations 2019 (Vic)

Health Services (Health Service Establishments) Amendment Regulations 2019

S.R. No. 99/2019

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Definitions

4Regulation 38A substituted

5Statute law revision

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Endnotes

STATUTORY RULES 2019

S.R. No. 99/2019

Health Services Act 1988

Health Services (Health Service Establishments) Amendment Regulations 2019

The Governor in Council makes the following Regulations:

Dated: 22 October 2019

Responsible Minister:

JENNY MIKAKOS
Minister for Health

ANDREW ROBINSON

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Health Services (Health Service Establishments) Regulations 2013—

(a)to substitute a new regulation 38A to provide for exceptions to the requirement for the proprietor of a health service establishment to obtain a permit under section 19 of the Drugs, Poisons and Controlled Substances Act 1981; and

(b)to make a statute law revision amendment to regulation 27(3).

2Authorising provision

These Regulations are made under section 158 of the Health Services Act 1988.

3Definitions

In regulation 5 of the Health Services (Health Service Establishments) Regulations 2013[1] insert the following definition—

"registered health practitioner means an individual registered under the Health Practitioner Regulation National Law to practise in a health profession (other than as a student);".

4Regulation 38A substituted

For regulation 38A of the Health Services (Health Service Establishments) Regulations 2013 substitute—

"38A Permit issued under section 19 of the Drugs, Poisons and Controlled Substances Act 1981

(1)Subject to subregulation (2), the proprietor of a health service establishment is required to hold a permit issued under section 19 of the Drugs, Poisons and Controlled Substances Act 1981 by which the proprietor is authorised under section 20(3) of that Act to purchase or otherwise obtain certain poisons or controlled substances for the provision of health services.

(2)Subregulation (1) does not apply to the following—

(a)a proprietor of a health service establishment at or from which the prescribed health services provided do not usually require, for the provision of those services, the purchase or otherwise obtaining of any poisons or

controlled substances, other than a patient's own medicine;

Example

Drug and alcohol withdrawal treatment services and dialysis services.

(b)a proprietor of a health service establishment—

(i)that provides prescribed health services solely at premises other than the premises for which it is registered; and

(ii)where only one registered health practitioner (other than the additional nursing staff required under regulation 27 or one or more additional registered midwives) provides prescribed health services.

(3)In this regulation, patient's own medicine means a poison or controlled substance that has been supplied to a patient by a registered health practitioner other than—

(a)the proprietor of the health service establishment; or

(b)a registered health practitioner employed by or contracted to provide health services prescribed under Part 2 for or at the health service establishment.".

5Statute law revision

In regulation 27(3) of the Health Services (Health Service Establishments) Regulations 2013, for "private hospital or a day procedure centre" substitute "health service establishment".

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Endnotes

[1] Reg. 3: S.R. No. 113/2013 as amended by S.R. No. 83/2018.