Health Services (Health Service Establishments) Amendment Regulations 2023 (Vic)

Health Services (Health Service Establishments) Amendment Regulations 2023

S.R. No. 57/2023

table of provisions

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6New regulation 46B inserted

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Endnotes

statutory rules 2023

S.R. No. 57/2023

Health Services Act 1988

Health Services (Health Service Establishments) Amendment Regulations 2023

The Governor in Council makes the following Regulations:

Dated: 20 June 2023

Responsible Minister:

MARY-ANNE THOMAS
Minister for Health

SAMUAL WALLACE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Health Services (Health Service Establishments) Regulations 2013 to specify the information to be provided by private hospitals and day procedure centres to the Secretary concerning compliance with the duty of candour.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 July 2023.

4Principal Regulations

In these Regulations, the Health Services (Health Service Establishments) Regulations 2013[1] are called the Principal Regulations.

5Definitions

In regulation 5 of the Principal Regulations insert the following definitions—

"duty of candour requirements means the requirements set out in section 128ZC(1) of the Act;

reporting period, in relation to compliance with the duty of candour requirements, means each of the following—

(a)the period beginning on 1 October and ending on 31 March;

(b)the period beginning on 1 January and ending on 30 June;

(c)the period beginning on 1 April and ending on 30 September;

(d)the period beginning on 1 July and ending on 31 December;".

6New regulation 46B inserted

After regulation 46A of the Principal Regulations insert—

"46B   Reporting of compliance with the duty of candour

(1)The proprietor of a private hospital or day procedure centre must submit a report to the Secretary concerning compliance by that private hospital or day procedure centre with the duty of candour requirements for each reporting period within 14 days after the end of a reporting period.

(2)The proprietor of a private hospital or day procedure centre must include the following information in the report submitted to the Secretary under subregulation (1)—

(a)data specifying the number of serious adverse patient safety events suffered by patients in the course of receiving health services from that private hospital or day procedure centre, where the event was identified in the first 3 months of a reporting period;

(b)in relation to the serious adverse patient safety events specified for the purposes of paragraph (a), the following data for the reporting period—

(i)the number of serious adverse patient safety events where the duty of candour requirements were commenced in the reporting period;

(ii)the number of serious adverse patient safety events where the patient has been provided with the information specified in section 128ZC(1)(a) of the Act in the reporting period;

(iii)the number of serious adverse patient safety events where the patient chose not to receive the information specified in section 128ZC(1) of the Act for the purposes of section 128ZC(2) of the Act.

(3)The proprietor of a private hospital or day procedure centre must ensure that the report prepared for the purposes of this regulation is submitted to the Secretary in the form and manner determined by the Secretary.".

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ENDNOTES

[1] Reg. 4: S.R. No. 113/2013 as amended by S.R. Nos 83/2018 and 99/2019.