Untitled document

Health Services (Private Hospitals and Day Procedure Centres) Amendment Regulations 2010

S.R. No. 88/2010

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Definitions

5Director of Nursing to be appointed

6Sufficient health care staff to be on duty

7Staff register

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 88/2010

Health Services Act 1988

Health Services (Private Hospitals and Day Procedure Centres) Amendment Regulations 2010

The Governor in Council makes the following Regulations:

Dated: 7 September 2010

Responsible Minister:

DANIEL ANDREWS
Minister for Health

MATTHEW McBEATH

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to make consequential amendments to the Health Services (Private Hospitals and Day Procedure Centres) Regulations 2002 as a result of the enactment of the Health Practitioner Regulation National Law (Victoria) Act 2009.

2Authorising provision

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

3Principal Regulations

In these Regulations, the Health Services (Private Hospitals and Day Procedure Centres) Regulations 2002[1] are called the Principal Regulations.

4Definitions

In regulation 5 of the Principal Regulations—

(a)for the definition of nurses register substitute—

"Nurses Register means the Register of Nurses kept by the Nursing and Midwifery Board of Australia in accordance with section 222 of the Health Practitioner Regulation National Law;";

(b)for the definition of registered dentist substitute—

"registered dentist means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the dental profession as a dentist (other than as a student);

(b)in the dentists division of that profession;";

(c)insert the following definitions—

"enrolled nurse means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and

(b)in the enrolled nurses division of that profession;

registered nurse means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and

(b)in the registered nurses division of that profession;".

5Director of Nursing to be appointed

For regulation 14(2) of the Principal Regulations substitute—

"(2)For the purposes of subregulation (1), a person is suitably qualified if he or she has a qualification or practical experience in nursing management and is a registered nurse.".

6Sufficient health care staff to be on duty

(1)In regulation 27(2) of the Principal Regulations, for "nurse registered in Division 1 of the Nurses Register" (wherever occurring) substitute "registered nurse".

(2)For regulation 27(3) of the Principal Regulations substitute—

"(3)Despite subregulation (2), in determining the number of nurses on duty, if 3 or more nurses are on duty at a private hospital or a day procedure centre during a shift, one-third may be enrolled nurses.".

7Staff register

In regulation 36(a)(v) of the Principal Regulations after "number" insert "or code".

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ENDNOTES

[1] Reg. 3: S.R. No. 79/2002 as amended by S.R. Nos 113/2005 and 176/2009.