Public Health (Private Hospitals) Regulations (ACT)
Regulations under the Public Health > Ordinance
1928-1930. i
I F R A N K A N S T E Y , Minister of State for Health, for the Minister , of State, for Home Affairs, in pursuance of the powers conferred by the Seat of Government (Administration) Ordinance 1930, and the Public Health Ordinance 1928-1930, hereby make the following Regu- lations to come into operation forthwith.
Dated this thirt ieth day of'October, 1930. : . ; • .!' •"'
. F R A N K A N S T E Y
for Minister of State for Home Affairs.
P U B L I C H E A L T H ( P R I V A T E H O S P I T A L S ) R E G U L A T I O N S .
| Short title. | 1. These Regulations niay be cited as the Public Health (Pr ivate Hospitals) Regulations. | , | , |
| State Act to |
| ceaso to apply. | 2. The Pr ivate Hospitals Act 1908, of the State of New South Wales shall cease to apply to the Territory. ' . • | ,•. r. |
| Definitions. | • 3; I n these, Regulations, unless the contrary intention appears—- | |||
|
"Infect ious disease" means an infectious disease'as defined in
the Public Health (Infectious Diseases') Regulations made
. 1 - : , •• . under the Public Health Ordinance 1928-1930; , ! ; ' "Medical pract i t ioner" means a' 'medical practitioner who is " registered under the Medical Practitioners' Registration
Ordinance 1930; •• ' " ' ' •'•• ••' - 7 a
"Private hospital" means any building in which persons requiring medical, surgical or midwifery ' aid are received and lodged, or in which it is intended that they should be received and lodged, for treatment, attendance or care, and in which a charge,is made for such treatment, attend- ance or care, and includes any building in which—
(a) during any one month, any two or more .persons
not members of the occupier's,family: or
(b) during any one year, more than six such persons,
are received and lodged' for medical, surgical or midwifery aid, whether or not a charge is made for or in respect of those persons, but does not include an institution supported,
wholly or in part, by the Commonwealth; :..:••
" Proprietor " means the person to whom a certificate of regis-
tration of. a private hospital is issued under, these Regula-
tions; , ,, .,,. , ,. ...
"Registered purse" means a person ,who is registered as a nurse in accordance with the law of any /State, or is registered as a trained nurse by any association approved by the Director-General and who is approved by. the .Director-
General; • I. , ,'!;
"thp Schedule" means,the Schedule to these Regulations.
4. A person shall not use'any building f'o'r the purposes of a private private
hospital unless he has' been' granted registration in respect of the ?e^t^ed!° "*
building for the purpose by the Director-General arid the registration
is in force. .••••• •>" 5. A person shall not be entitled to apply for or hold a certificate Persons not
of registration of a private; hospital unless he is either a medical appi/for or
practitioner or a registered nurse.1 ' ofregutraUon*
6.—(1.) Any person who desires to obtain registration of a private Applications
hospital shall apply to the Director-General for that registration. for registration. (2.) The application shall be in, accordance with Porm 1 in the Schedule, and shall set. put—:
, ' ; •
(a) the situation ,of the building;
(b) the description of the building,and the land on which it is
'. erected;1, '.. : > :
:
(c) the sanitary arrangements of the building; i
(d) the qualifications of >the applicant to carry' on a private
h o s p i t a l ; .,• •'•••• • • • • . . > • :•: .•
(e) the arrangements made or proposed'to be made for the
management'of the hospital; • , ., :••.':) w
(/) particulars of the rooms to be used; exclusively for patients
and of ' all.. .other rooms in ,the hospital, specifying thepurposes for which they are, respectively, to be used; and
(g) such other particulars as the Director-General requires,
and shall, if the Director-General so requires, be accompanied by testi- monials as to the character of the applicant and his fitness to carry on
a private hospital. ..•..•'•••••, . •••• ... (3.) An application for the renewal of the registration of a private
hospital shall be in writing, and shall contain such particulars as the
Director-General requires. '• • . ! • : .. 7.—(1.) The Director-General'may, in his discretion, upon applica- Registration of tion made in pursuance of these Regulations, register or renew the hospital,
registration of any building as a private hospital.
(2.) A building may be registered as a private hospital—
(a), in which persons requiring medical, surgical and midwifery
aid may be treated';. <•. .
(b) in which persons requiring medical and surgical aid only
.may be ,treated;:or .: '•• '•• •. .-!
(c) in which persons requiring midwifery aid only may be
treated. .•.,,
••,,(3.) Upon registration,, the .Director-General shall issue, to the
applicant a'.certificate of. registration. . •'':.: . .'• •-'• !, ' (4.) The issue of the certificate of registration may bo made subject
to such conditions' as the Dircctor-Genoral imposes with respect to—
- (a) the cla'ss of patients who may be treated at the hospital;
(b) the maximum number of patients which may'be lodged in
!" " t h e hospital1 at any one'time; ' ' '•• '•'' '' ' '(c) the number of registered nurses to' be'employed in the
hospital; • •••''•r •• ••.;•'•";
••''(d)'-'the nUmbei''of qualification's of Other nurses'arid assistants
'' ' to be employed'at the hospit&r;'"and" . "''"
(e) the period for which the registration is :gratit&'d.' , ,8 , Upon; the renewal.iof registration, the DirectoivGeu'e'ral shall
issue to the, applicant a new- • certificate of .> registration,
The certificate of registration shall be ' in accordance with
Form 2 in the Schedule, and shall not be transferable except with the
consent in writing of the Director-General. '" Subject to these Regulations the registration of a private hospital shall, unless otherwise specified in the certificate of registra- tion, continue unti l the thirty-first day of December next following the date, of registration, but may be renewed from time to time, in the discretion of the Director-General, upon application made in the first week following its expiration.
| Private | 9- A building shall not be registered as a private hospital unless |
| compiy'wifh | ^ c o m P ^ e s m | every respect with the following requirements:— |
| cer t li ln | , | • | (a) | I t shall be so situated that the distance, between any par t ot the external surface of the external walls of the building and atiy point on the boundaries of the land on which the building is erected, shall be not less than 25 |
| v / |
| requirements. | /• | i | , | i | r | /. | i | - I . - I I I . - I |
• • : • : f e e t ; • • > • - • < > • •
(b) I t shall have at least two means of exit 'as remote as prac-
ticable from each other, and the corridors and stairs (if; any) , leading to those exitsj: shall bo of ample width
for the easy removal of pat ients ; .
, (c) The minimum width of any door or doors between a ward and the two exits, or of any s.tairs befween a ward ' and two exits, shall be three feet six inches, and the minimum width of any passage between the ward and the two exits shall be four feet; ' (d) I t shall be so built that occupied beds may be wheeled or carried from the wards to the two exits; • (e) Every room to be occupied by one or more patients shall have for each patient, at least one thousand cubic, feet of air space and at least one, hundred square feet of floor area, and Wall space having a width of at least eight feet, and, if the floor be of wood, the bottom edges of the ground floor joints of every such room shall be at •| ".;;,;',
• ••• least twelve inches above the ground, and the space under every such floor shall be ventilated1 'to' ' the satisfaction of the Medical Officer of Hea l th ; ( / ) Every such room shall be separately and independently ventilated to the external air to the satisfaction of the Medical Officer of Heal th ;
(g) Every such room shall be provided with windows in the external walls, the area of which windows shall be in the proportion of one square foot of clear glass to each ten square feet of floor a rea ; '
(h) Every such room shall be constructed so as ' to be readily : ' isolated; (i) The walls of every such room shall be properly proteoted
:immediately above the foundations by a durable damp-
. • • course; (j) Every room to be occupied by one or more nurses or other
employees in the hospital shall have at least eight hundred
cubic feet of air space and at least eighty square feet of (&') The inner surface of every wall and every ceiling shall be so constructed that it can, without sustaining injury, be frequently washed or disinfected;
• floor area for each such nurse or employee; (I) The angles, which are formed by one wall with any other wall and by any wall with the ceiling and by any wall with the floor, shall be rounded;
(m) External walls shall be weatherproof and the roof shall be
water-tight and properly provided with gutters aiid down
pipes; . • •
1 ( ? i ) T h e drainage and sanitary conveniences shall be such as
the Medical Officer of Heal th considers sufficient' and' satisfactory, and shall be in accordance with the standards
:..-. prescribed by regulations made under the Building and < Services Ordinance }92£-1928, and for the time being in
• < force; • . - , - ' - . i • ' ' '
(o) I t shall be constructed on a site 'where an abundant supply
,. •, of wholesome water is available for the purposes of the
private hospital ; ' , (p) Ablutionary appliances shall be provided, in such number -
and so arranged as the- Medical Officer of Heal th
requires; • " • . • , : - . . . .
(q) A special installation, approved hy the Medical Officer of Health, shall he provided for cleaning bed pans, mackintoshes and other articles used hy patients; and'
( r ) A laundry with all necessary appliances, sufficient to cleanse
and disinfect all bedding, body clothing, linen, naperyand other articles which can be laundered, shall 'be
' •: provided. • • - . . • • the treatment of surgical cases, unless it contains an operating theatre theatr.°- 10.—(1.) A building shall not be registered as a private hospital for Operating equipped with— ' ' >• (a) a powerful artificial l ight;
(&) an efficient sterilizing p lant ;
(c) an adequate hot-water supply and basins for ablutionary
purposes;
(d) an operating table; and
(e) such other things as the Director-General requires.
(2.) Every such operating theatre, therein shall be constructed in accordance with the following requirements:—
(a) I t shall have well-fitted windows, with the least possible projections or recesses for the collection of dust, sufficient to afford ample lighting to the theatre during the day- time ;
.(-6) The walls and ceilings shall beismooth;
(c) The junctions of walls, floors, skirtings and architraves,
and other junctions in the theatre, shall be water-tight;
(d) The skirtings,. architraves and other necessary mouldings
shall he of the plainest form;
(e) All openings in walls and ceilings shall be fly-proof; and
(/) The floors shall be constructed of material approved by the
Medical Officer of Health.
11. The Director-General may suspend the registration of a private Suspension or
, - i - i - j i • e i i - i - i - i cancellation of hospital, it the proprietor ot the hospital or any one in his, employ registration.
contravenes or fails to comply with any provision of these Regulations,or if the Director-General thinks fit, in the public interest, so to do.
At any ,time during the currency of. the registration of a private
hospital the Minister may, after written notice to the proprietor,
cancel the registration. • . . . • . ; . . . , .
12.—(1.) Subject to this regulation, the proprietor shall not admit Persons • l'-, \ . . . , . .1 °, •• \ re suffering from
or permit to be admitted to the hospital— infectious ( a ) any person suffering from an infectious disease, except with nottpbe', '!" I
the permission in writing of the Medical Officer of Health £j private"' '
obtained prior to the admission of the person; hospitals.
(?>) any person for the treatment of whom the hospital is not
registered; or
(c) any person certified as insane under the Lunacy Act of 1898 of tho State of New South Wales, unless the hospital is licensed under that Act, or under any Ordinance in substitution for that Act, for the treatment of mental diseases.
(2.). Where such a person is admitted— (a) by reason of urgency; or
(b) in good faith, the disease not being diagnosed, or the nature
of the case not being determined,
or where a person, properly admitted to the hospital, develops, after admission, an infectious disease or is found to require treatment other than that for which the hospital is. registered, the proprietor shall notify,the, Medical Officer of Heal th of the admission within twenty- four hours after the person is admitted,, or after he is found to be suffering from an infectious disease or to require that treatment, as
the case may be. , . . . • • • , (3.) The onus of proof of urgency or of admission in good faith shall He upon, the proprietor.
from an infectious disease, or to require treatment other than that for JfeHraith to°be 13. Where any person in a private hospital is found to he suffering Directions of which the hospital is registered, or to be suffering from a mental disease, observed,
Comply1 with all orders or directions given in writ ing by the Medical the medical practitioner attending the person, and the proprietor shallOfficer of' .Health. regarding the disposal, care and isolation of such person',' a l l a the precautions to be taken to prevent ' the ' spread of, or
to limit, mitigate or eradicate, the disease. '•'"'' ' "
| Treatment of | !( 14.; The proprietor of a private, hospital,- referred to in paragraph | |||||||||
| requiring | ||||||||||
| (a ) of sub-regulation (2.) of regulation 7 of: these - Regulations, shall | ||||||||||
| midwifery aid. | n o t , . . except with the approval in, writing of the Medical Officer of | |||||||||
| Health, permit any person requiring midwifery aid to be treated in the, same ward as that in which persons requiring other classes of aid are treated, but, subject, to that exception, any person requiring midwifery aid shall be treatod in a separate ward; and by a separate staff. | ||||||||||
| ft™*"™ | 15;—(1.) The proprietor shall not, except with the approval in writing of the Medical Officer of Health, use or cause or permit ' ' to be used for any purpose, other than the accommodation of patients, any room in the hospital specified in the application for registration | |||||||||
| ||||||||||
| (2.) The proprietor shall not .accommodate, any,',patient or cause or permit a patient to be accommodated, in any room in the hospital, other than a room specified in the application for the registration of | ||||||||||
| ||||||||||
|
| Mtocaniage or | 16.—(1.) Where in any private hospital— | ; |
| Mh | &c | |||
| ° |
|
stillborn; or
(b) a patient is found or is reasonably suspected to'be suffering
f r o m ^ i i: r - : -
( i ) ' puerperal fever including any puerperal condition
depending on infection-; or
( i i ) .the effects of, an illegal abor t ion 'o r attempted
, , ,'" illegal abortion; or , ' ' ... '..,.'
( i l l) any disease, declared by ;the Director-General, by
notice published in the Gazette, to be a disease
.''',"" ' " ' • •' for the purposes- of; this- regulation/ • ••-'' ' the proprietor shall forthwith give notice thereof to"the Medical Officer
of Health.: / ' ' . , . ; • ; ;••• : ' : • , " ' ; ' ; ; , ; ' ' ' • ; " : . / • " : . / : ' "
; " ' '
(2.^ Where a person suffering from puerperal fever or any puer- peral condition depending on' infection is accommodated at, or is admitted to, a private hospital, no other person requiring midwifery aid shall be admitted to that hospital until permission is given by
the Medical Officer of Hoalth. , , ,
| inspectiofiby. " | 17. The proprietor sh,all— |
| Medical Officer'•' | , . | , , | ,1 | . | ' , | , , | '•• | .,! , ' | , |
| of Health, &c. | .!•!.. <'{a,) at. all times, give access .to a n y part of the hospital, to the |
• ".'• , Medical Officer of Health o r , an authorized person, and afford that officer or person,, all reasonable assistance in any inspection which he desires to make,of the hospital, and shall permit that officer or that person, if he is a i
. . . . medical practitioner,, \b see and examine any patient in consultation with the medical practitioner attending the
patient; . . -, ., ,'• (b) effectively flush and cleanse, or cause to bp,effectively flushed
and cleansed, all drains and sanitary conveniences in the
hospital at least onCe in every day, arid cause all such drains and sanitary conveniences to be maintained in
good order and efficient action;' , -.'• - (c) provide and at all times keep upon the premises, in efficient Order, all materials and' appliances necessary for the use of the pationts and staff,•• or which- the .-Director- General directs to be furnished;- - , ; , i • -.-. :•.,]•
(d): at all times exercise a close, personal : supervision o f ' t h e hospital and the persons employed'therein,-and cause all orders or directions of the medical practitioner in charge of the treatment of any patient to be faithfully and' dili-
gently carried o u t ; . - v - . '<• !>•<• '.. ,, •- ..'•', i .'•
(e) not absent himself from the hospital for more" than one week at any time, without the consent in writing of
t the
Medical Officer of Hea l th ; . ' ( / ) forthwith carry out all orders or directions wkioh, m'ay fje
given from time to time by the Director-General or, the,
; • • ; ; ,
Medical Officer of Health, • or an authorized ' person, relating to the sanitary arrangements, the collection: or disposal of excrementitious matters, refiise arid, liquid or
other wastes; . ;• , - . . . : - . .. . '. . ' : . , , •:..,'!
(g) at all times keep all household linen, beds, bedding, furni- ture, cutlery, crockery, cooking aud other utensils, 'and all other things used in the conduct or management of the hospital, thoroughly clean and disinfected, and, when required by the Medical Officer of Health, disinfect any or all of those things;
(h) not permit persons of different sexes, except a man and his
wife, or children..under the age of ten years, to.c-ecupy
the same room; • , ,
(i) cause all refuse or condemned linen or clothing to be burned
in such manner as the Medical Officer of Heal th or an
authorized person directs; • •. ,
( /) provide, and maintain, in a clean and sanitary condition,, separate, air-tight receptacles, approved by the Medical Officer of Health, into which all used surgical dressings, human tissues or fluids, other than those already provided for in these Regulations, shall be placed, and cause, all such special refuse't'6' be burned; '
(k) provide and1 maintain effective fly; screens over all fire
places when not in use, and over all windows 'and external ! ;' ,c, '
• doors; '• ' ' ' • •'
(I) provide and maintain in effective condition all such aprili-
anees as the Director-General requires for the control and
the extinguishing of fires; and ' ' • '": '-, ••
(m) not permit any person, employed .as a 'nurse or attendant any par t of his person, to attend arty abortion, mis- carriage or midwifery patient, unti l he receives per- mission from the Medical Officer of Health so to do.
upon patients,, who has any active1 Septic infection of
18.—(1.) The proprietor shall keep a book (in these Regulations c»»e
referred to as the "Case B o o k " ) , and shall enter or cause to be entered therein the following particulars concerning all patients received into the hospital:— :.!:.•''
(a) The full name, age,, sex, marital condition and address of
the pat ient ; and
(b) A short history of the patient,while in the hospital giving in
particular— .. , ( i ) the date of admission;
! : . i-i ( i i ) the nature of any disease manifest at the time of admission or afterwards;
(i i i) the nature of any operation performed, together
with the name of the operator,'and anaesthetist;
( iv) the nature of the anaesthetic used; .
(v) the.result of the operation; and ,., , (vi) the date.when the patient left; the /hospital, or, in the event of death occurring, the ' date of the1
death. ! '" ' ''
(2.) In the case of a person requiring midwifery aid, the part i-
culars to be entered in the Case Book shall, in addition "to those
mentioned in the last preceding regulation, include— , • (a) the date, and a short history of ' the confinement;
(b) the result of the confinement, both at ' the ' time of' delivery and during the subsequent period spent at the hospital;
and
(c) the sex and condition of the child.
(3.) Where a patient has been under the professional care of a
medical practitioner Or in the charge of 'a nurse, the name and addressof the medical practitioner or of the nurse, or both, as the case requires,
shall bo entered in the Case Book. : , (4.) The proprietor shall permit the Medical Officer of Health or an authorized person to inspect the Case Book at any time, and make any extracts therefrom.
(5 . ) . If the proprietor or any person directed' by hiiri to,,make
entries in the Case Book—
(a) fails to make any such entry; or ' (b) in the case of the proprietor, fails to cause any such entry
to be made ; or' ' .
(c) knowingly suppresses from any such entry any material
fact; or ,
(d) enters or causes to be entered in the Case Book any untrue
particulars, . . ) . . ,
he shall be guilty of an offence.
(6.). Any person who, .except for the purposes of; these ̂ Regulations or in reply to any question which he is legally Compellable to answer, communicates or divulges to any person any information which comes to his knowledge by reason of his having seen any. entry in «ny Case Book shall be guilty of an offence.
| Hospital not to | 19. The proprietor shall not accommodate, or cause or permit to be accommodated, in the hospital, any person other than a patient or a person employed in the hospital, and shall not sublet any portion of the hospital for any purpose. |
| Number of | 20. The proprietor shall not, except with the approval of the Medical |
| persons to bo | „ ™ | r | T T | 1.1 | JT | • | . | i | v |
| admitted to | Omcer ot Health, suffer or permit a greater number of patients to |
| hospital. | b e accommodated in the hospital than the number mentioned in the certificate of registration in respect of the hospital. |
| Labelling, Ac, | |
| of drugs. | 21. The proprietor shall make provision, to the satisfaction of the Medical Officer of Health, for the safe custody and proper labelling of all drugs kept at the hospital, and all poisons shall be kept in a separate cupboard or other receptacle provided with a .suitable lock and key. |
| Penalty for | 22. Any person who is convicted of an offence against these Regula- tions shall be liable to a penalty, not exceeding Fifty pounds and, where the offence is a continuing offence, aipenalty not exceeding Five pounds for every day during which the offence continues. |
| ffences. |
THE SCHEDULE. ,
R e g u l a t i o n 6. ' F O R M 1.
T H E T E R R I T O R Y FOR T H E S E A T O F G O V E R N M E N T .
Public Health Ordinance 1928-1930.
P u b l i c H e a l t h ( P r i v a t e H o s p i t a l s ) R e g u l a t i o n s .
A P L I C A T I O N F O R R E G I S T R A T I O N O F A P R I V A T E H O S P I T A L .
T o —
T h e D i r ec to r -Gene ra l ,
D e p a r t m e n t of H e a l t h , C a n b e r r a .
I he reby a p p l y for the r e g i s t r a t i o n , as a p r i v a t e h o s p i t a l u n d e r t h e P u b l i c
H e a l t h ( P r i v a t e H o s p i t a l s ) R e g u l a t i o n s , of t h e b u i l d i n g h e r e u n d e r descr ibed
for t h e t r e a t m e n t of (?)
I n connexion w i t h t h i s a p p l i c a t i o n , I f u r n i s h t h e fo l lowing p a r t i c u l a r s : - —
| (a) "Insert class | F u l l | n a m e | of | a p p l i c a n t . |
| of patient. |
P r e s e n t a d d r e s s of a p p l i c a n t . P ro fe s s iona l qua l i f i ca t ions of a p p l i c a n t . E x a c t s i t u a t i o n of b u i l d i n g .
D i m e n s i o n s of l and .
F r o n t a g e of l a n d t o s t r e e t s .
M a t e r i a l s of bu i ld ing . N u m b e r of
s to r i e s of b u i l d i n g . N u m b e r of
r o o m s for p a t i e n t s . M e a s u r e m e n t s of each room.
N u m b e r of o t h e r r o o m s . • .
M e t h o d of d r a i n a g e .
N u m b e r a n d loca t ions of s a n i t a r y conveniences . ;
N u m b e r a n d loca t ion of a b l u t i o n a r y app l i ances , i n c l u d i n g b a t h r o o m s . ; ,
V e n t i l a t i o n . ' . , • • ' . " '
Source of w a t e r s u p p l y .
Classes of p a t i e n t s t o be t r e a t e d . ' • •
N u m b e r of r e g i s t e r e d n u r s e s a n d o t h e r n u r s e s a n d a s s i s t a n t s t o be employed .
A r r a n g e m e n t s m a d e or p roposed t o be m a d e for t h e m a n a g e m e n t of t h e
h o s p i t a l . i:
I a t t a c h he re to a p l a n of t h e s a i d b u i l d i n g , on a scale specified i n t h e s a i d
p l a n ( n o t s m a l l e r t h a n e i g h t feet t o one i n c h ) , g i v i n g t h e fol lowing' p a r t i -
c u l a r s : — •' ' ••..-••-
( a ) L e n g t h , b r e a d t h and h e i g h t of every r o o m a n d ' ' a p a r t m e n t . . (6) . R o o m s t o be used exc lus ive ly by . p a t i e n t s . '• <
(c) R o o m s t o be used exc lus ive ly by n u r s e s a n d o the r employees .
(<Z) R o o m s t o be used exc lus ive ly by p r o p r i e t o r a n d fami ly , or for a n y
o t h e r p u r p o s e .
I a l so f o r w a r d h e r e w i t h t e s t i m o n i a l s f rom t h e u n d e r m e n t i o n e d pe r sons as
| (6) Strike out if t o m y c h a r a c t e r | and | fitness. | (6) |
| testimonials | not | S i g n a t u r e |
| required. |
Date. I . . . . . . . , . . , , ,
| Regulation 7. | FORM 2. |
THK TKBRITOBY FOH THE SEAT OF GOVERNMENT.
Public Health Ordinance 1928-1930.
Public Health (Private Hospitals) Regulations.
CERTIFICATE OF REGISTRATION OF PRIVATE HOSPITALS.
This is to certify that
has been granted registration in respect of the building Situated at
as a private hospital for the Treatment of (") (a) Insert e t a
of patlcnta.
The maximum number of patients which may be treated in the hospital at
any one time is
The registration of the hospital shall continue in force until t h e . . .
| day of | next ensuing unless sooner suspended or cancelled. |
Dated this day of , 19 .
Signature
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