Health Services (Quality and Safety) Amendment Regulations 2022 (Vic)

Health Services (Quality and Safety) Amendment Regulations 2022

S.R. No. 121/2022

table of provisions

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Amendment of authorising provision

6New regulations 3A to 3F inserted

7Quality and safety—prescribed entities

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Endnotes

statutory rules 2022

S.R. No. 121/2022

Health Services Act 1988

Health Services (Quality and Safety) Amendment Regulations 2022

The Governor in Council makes the following Regulations:

Dated: 18 October 2022

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 (Quality and Safety) Regulations 2020 to prescribe certain information necessary for the purposes of Division 8 of Part 5A of the Health Services Act 1988.

2Authorising provision

These Regulations are made under section 158 of the Health Services Act1988.

3Commencement

These Regulations come into operation on 30 November 2022.

4Principal Regulations

In these Regulations, the Health Services (Quality and Safety) Regulations 2020[1] are called the Principal Regulations.

5Amendment of authorising provision

In regulation 2 of the Principal Regulations, for "section 158(1)(q)" substitute "section 158".

6New regulations 3A to 3F inserted

After regulation 3 of the Principal Regulations insert—

"3A   Definitions

In these Regulations—

harm includes moderate harm, severe harm and prolonged psychological harm;

moderate harm means harm that requires a moderate increase in treatment to a patient, such as an unplanned or unexpected return to surgery, but does not include harm that causes permanent damage or injury to an individual;

prolonged psychological harm means psychological harm which a patient has experienced, or is likely to experience, for a continuous period of at least 28 days;

registered health practitioner has the same meaning as in the Health Practitioner Regulation National Law;

sentinel event means an unexpected and adverse event that occurs infrequently in a health service entity and results in the death of, or serious physical or psychological injury to, a patient as a result of system and process deficiencies at the health service entity;

severe harm means harm that causes a permanent lessening in the functioning of an individual that is unrelated to the natural course of a person's illness or underlying condition, including harm that can lead to a person experiencing a permanent impairment or disability, or death.

3BSerious adverse patient safety event

(1)For the purposes of the definition of a serious adverse patient safety event in section 3(1) of the Health Services Act 1988, a prescribed class or category is an event that—

(a)occurred while the patient was receiving health services from a health service entity; and

(b)in the reasonable opinion of a registered health practitioner, has resulted in, or is likely to result in, unintended or unexpected harm being suffered by the patient.

(2)To avoid doubt, an event in subregulation (1) includes an event that is identified following discharge from the health service entity.

3CAppointment of SAPSE review panel

For the purposes of section 128P(2) and (3) of the Health Services Act 1988, a joint SAPSE review panel—

(a)must include at least one member from each health service entity involved with the serious adverse patient safety event; and

(b)must consist of no less than 4 members; and

(c)may include a representative appointed by the Secretary; and

(d)if a SAPSE review relates to a sentinel event, must contain a consumer representative.

3DMembership of SAPSE review panel

For the purposes of section 128Q(1)(e) of the Health Services Act 1988, the following requirements are prescribed—

(a)a SAPSE review panel must consist of no less than 3 members;

(b)if a SAPSE review relates to a sentinel event, the SAPSE review panel must contain a consumer representative;

(c)a member of a SAPSE review panel who has a potential or actual conflict of interest with respect to a SAPSE review they have been appointed to conduct must disclose the conflict of interest to the other members of that panel.

3ESerious adverse patient safety event review report

For the purposes of section 128T(3)(b) of the Health Services Act 1988, the name and address of a person who has provided information to a SAPSE review panel (other than a person specified in section 128T(3)(a) of the Health Services Act 1988) is prescribed information.

3FRestrictions on SAPSE reviews

For the purposes of section 128Z of the Health Services Act 1988, the following procedures are prescribed—

(a)after the suspension of its activities, the SAPSE review panel must notify the chief executive officer (however named) of the health service entity that is the subject of the SAPSE review in writing regarding the suspected prohibited act;

(b)the SAPSE review panel may recommence its review once it receives written notice from the chief executive officer (however named) of the health service entity that the chief executive officer is satisfied that either—

(i)the suspected prohibited act did not occur; or

(ii)the suspected prohibited act is able to be investigated independently of the SAPSE review.".

7Quality and safety—prescribed entities

For regulation 4(b) of the Principal Regulations substitute—

"(b)the Chief Quality and Safety Officer.".

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Endnotes

[1] Reg. 4: S.R. No. 77/2020.