Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Regulations 2019 (Vic)

Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Regulations 2019

S.R. No. 15/2019

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Objective substituted

6New regulations 5A, 5B and 5C inserted

7Regulations 7, 8 and 9 revoked

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Endnotes

STATUTORY RULES 2019

S.R. No. 15/2019

Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015

Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Regulations 2019

The Governor in Council makes the following Regulations:

Dated: 5 March 2019

Responsible Minister:

JENNY MIKAKOS
Minister for Health

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Regulations 2015 consequential to the enactment of the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Act 2019—

(a)to specify criteria that the operator of a hospital must take into account and in accordance with which the number of nurses or midwives, or number of nurses, as the case requires, with whom a special care nursery or neonatal intensive care unit may be staffed in addition to the minimum required; and

(b)to prescribe the requirements to be satisfied by a nurse with whom the operator of a hospital may staff a postnatal ward for the purposes of complying with the relevant ratio; and

(c)to revoke redundant provisions.

2Authorising provision

These Regulations are made under section 45 of the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015.

3Commencement

These Regulations come into operation on 6 March 2019.

4Principal Regulations

In these Regulations, the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Regulations 2015[1] are called the Principal Regulations.

5Objective substituted

For regulation 1 of the Principal Regulations substitute—

1Objective"

The objective of these Regulations is to make further provision for safe patient care in hospitals by—

(a)specifying criteria in accordance with which the number of nurses or midwives, as the case requires, with whom specified wards are staffed—

(i)may be reduced or increased, in the case of an operating theatre; or

(ii)may be increased above the minimum required, in the case of a special care nursery or neonatal intensive care unit; and

(b)setting out procedures in accordance with which—

(i)an agreement to vary a ratio or the application of a rounding method under section 12 of the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015 may be made; and

(ii)a local dispute must be resolved; and

(c)prescribing other matters to give effect to the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015.".

6New regulations 5A, 5B and 5C inserted

After regulation 5 of the Principal Regulations insert—

5ACriteria for increasing number of nurses or midwives staffing a special care nursery above minimum"

For the purposes of section 27(4)(a) and (b) of the Act, the following criteria are prescribed—

(a)the conditions of the infants in the special care nursery;

(b)the level of care required by the infants in the special care nursery;

(c)the experience and skill mix of staff;

(d)the number of students requiring supervision.

5BCriteria for increasing number of nurses staffing a neonatal intensive care unit above minimum

For the purposes of section 28(2)(a) and (b) of the Act, the following criteria are prescribed—

(a)the conditions of the infants in the neonatal intensive care unit;

(b)the level of care required by the infants in the neonatal intensive care unit;

(c)the experience and skill mix of staff;

(d)the number of students requiring supervision.

5CPostnatal wards

For the purposes of section 31A(3)(c) of the Act, the following are the prescribed requirements—

(a)the postgraduate midwifery program referred to in section 31A(3)(b) of the Act and being undertaken by the nurse must be a postgraduate midwifery program that, on completion, qualifies the nurse for registration as a midwife under the Health Practitioner Regulation National Law;

(b)the nurse has completed the initial postnatal theory component of the postgraduate midwifery program;

(c)the nurse has completed all relevant staff orientation programs required by the operator of the hospital;

(d)the nurse has completed all orientation programs relevant to postnatal wards required by the operator of the hospital.".

7Regulations 7, 8 and 9 revoked

Regulations 7, 8 and 9 of the Principal Regulations are revoked.

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Endnotes

[1] Reg. 4: S.R. No. 169/2015.