Health Insurance (Accredited Pathology Laboratories – Approval) Amendment Principles 2009 (No. 1)

Administered by Department of Health, Disability and Ageing

Legislation au F2009L02453 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

HEALTH INSURANCE ACT 1973

SECTION 23DNA

 

HEALTH INSURANCE (ACCREDITED PATHOLOGY LABORATORIES –

APPROVAL) AMENDMENT PRINCIPLES 2009 (No. 1)

 

Section 23DNA of the Health Insurance Act 1973 (the Act) provides for the Minister to

determine the principles to be applied by the Minister in exercising powers under section 23DN of the Act to approve in principle, or not to approve, premises as an accredited pathology laboratory.  The current principles determined under section 23DNA are the Health Insurance (Accredited Pathology Laboratories – Approval) Principles 2002 (‘the Principles’).

 

Medicare benefits, apart from some basic tests conducted by treating medical practitioners on their own patients, are not payable in respect of pathology services unless they are rendered in an accredited pathology laboratory.  The Principles operate to ensure minimum acceptable standards in pathology laboratories.  The Principles make reference to accreditation materials (National Pathology Accreditation Advisory Council (NPAAC) materials and other materials), which are standards, guidelines and other assessment aids that must be taken into account during the accreditation process.  Medicare Australia administers the accreditation process and the National Association of Testing Authorities, Australia (NATA) conducts the accreditation assessment, in conjunction with the Royal College of Pathologists Australasia (RCPA).

 

NPAAC has recently endorsed the following two documents, which are revised versions of two accreditation documents currently listed in Schedule 1 to the Principles:

(i)      Requirements for Procedures Related to the Collection, Processing, Storage and Issue of Human Haemopoietic Progenitor Cells (Third Edition 2009); and

(ii)      National Association of Testing Authorities, Australia AS 4633 (ISO 15189) Field Application Document – Supplementary Requirements for Accreditation in the Field of Medical Testing, July 2009.

 

The Health Insurance (Accredited Pathology Laboratories – Approval) Amendment Principles 2009 (‘the Amending Principles’) amend Schedule 1 to the Principles to refer to the revised versions of these two documents.

 

The Amending Principles commence on 1 July 2009.

 

Details of the Amending Principles are set out in the Attachment.

 

The Amending Principles are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

 

CONSULTATION

 

(i)          Requirements for Procedures Related to the Collection, Processing, Storage and Issue of Human Haemopoietic Progenitor Cells (Third Edition, 2009)

 

In accordance with the established NPAAC public consultation and drafting process, the draft document ‘Requirements for Procedures Related to the Collection, Processing, Storage and Issue of Human Haemopoietic Progenitor Cells (Third Edition 2009) was circulated for comments to:

  • all laboratories and apheresis facilities within Australia;
  • state and territory health departments;
  • hospitals and bone marrow transplant units; and
  • NPAAC members, including state and territory representatives.

 

Submissions from the public consultation phase for this document were considered by NPAAC in the finalisation of the document.  Feedback from stakeholders has been supportive of the proposed requirements.  Most respondents indicated that they already comply with the proposed requirements or that they intend to utilise other networks to ensure they are in compliance with the proposed requirements and minimise their compliance costs.

 

The draft requirements have been developed over a number of years and stakeholders are anticipating the introduction of the new standards and have commenced implementing systems to ensure they will be compliance with the requirements when they come into effect.

 

(ii)          National Association of Testing Authorities, Australia AS 4633 (ISO 15189) Field Application Document – Supplementary Requirements for Accreditation in the Field of Medical Testing, July 2009.

 

The document ‘National Association of Testing Authorities, Australia AS 4633 (ISO 15189) Field Application Document – Supplementary Requirements for Accreditation in the Field of Medical Testing, July 2009 has been reviewed by members of the –

  • Medical Testing Accreditation Advisory Committee
  • RCPA; and
  • NPAAC, including state and territory representatives.

 

The document incorporates comments from those expert groups and was endorsed by NPAAC at its 23 April 2009 meeting with an implementation date of 1 July 2009.

 


ATTACHMENT

 

 

DETAILS OF THE HEALTH INSURANCE (ACCREDITED PATHOLOGY LABORATORIES – APPROVAL) AMENDMENT PRINCIPLES 2009 (No. 1)

 

1  Name of Principles

 

This section provides that the title of the Principles is the Health Insurance (Accredited Pathology Laboratories – Approval) Amendment Principles 2009 (No. 1).

 

2  Commencement

 

This section provides that the Principles commence on 1 July 2009.

 

3  Amendment of Health Insurance (Accredited Pathology Laboratories – Approval) Principles 2002

 

This section provides that Schedule 1 amends the Health Insurance (Accredited Pathology Laboratories – Approval) Principles 2002.

 

Schedule 1 Amendments

 

Item 1

 

Table item 1 of Schedule 1, Part 1 to the Health Insurance (Accredited Pathology Laboratories – Approval) Principles 2002 currently lists the following document as an accreditation material (NPAAC material):

 

Guidelines for Laboratory Procedures Related to the Processing, Storage and Infusion of Cells for Transplantation or Cell Therapy’, published in 2004 (‘the Guidelines’).

 

The Guidelines have recently been revised and renamed, and are now the Requirements for Procedures Related to the Collection, Processing, Storage and Issue of Human Haemopoietic Progenitor Cells (Third Edition 2009)’ (‘the HPC Requirements’).

 

Item 1 of Schedule 1 to the Health Insurance (Accredited Pathology Laboratories – Approval) Amendment Principles 2009 (No. 1) replaces the reference to the Guidelines with a reference to the HPC Requirements.

 

This means that the HPC Requirements will be included in the list of accreditation materials (NPAAC materials) on and from 1 July 2009.

 

The HPC Requirements outline the minimum requirements for the competence and quality to be met by facilities and individuals preparing Human Haemopoeitic Progenitor Cells (HPCs) and/or lymphocytes for infusion, and for providing assured safety and quality of the product.  The collection, processing, storage and issue of HPCs is a highly specialised and complex clinical activity which sits within the clinical field of haematology.  HPCs are cells capable of bone marrow repopulation and can be collected by laboratories or other facilities involved in donor selection, collection, processing, storage and issue or disposal of HPCs and lymphocytes used for infusion or cellular therapy, such as bone marrow transplantation.

 

Apheresis unit clinical activity does not fall within the usual scope of pathology laboratory activity.  However, independent expert advice indicates that having quality management procedures for collection, processing, storage and issue of HPCs is important in ensuring quality and patient safety.  A deficiency in the collection of material could affect the quality of the resultant product and their fitness for purpose and could also present a risk to donor safety or the safety of the product with a downstream risk to patient safety.

 

Although the cell collection activity that occurs in apheresis units is in many ways similar to laboratory-based activity, it is not controlled by laboratories and there is no other relevant accreditation framework available to guide the quality of the collection process.

 

The HPC Requirements have been developed in consultation with Therapeutic Goods Administration and are complementary to their regulatory framework.

 

A copy of the HPC Requirements is available on the NPAAC website – www.health.gov.au/npaac

 

A costing of the possible financial impact has been done through a Business Cost Calculator in consultation with the Office of Best Practice Regulation (OBPR Reference no 9575.)

 

Item 2

 

Schedule 1, Part 2 to the Health Insurance (Accredited Pathology Laboratories – Approval) Principles 2002 currently lists the following document as an accreditation material (“other material”):

 

National Association of Testing Authorities, Australia AS 4633 (ISO 15189) Field Application Document – Supplementary Requirements for Accreditation in the Field of Medical Testing, August 2007’ (‘the current NATA Field Application Document’).

 

The current NATA Field Application Document has recently been revised and is now the ‘National Association of Testing Authorities, Australia AS 4633 (ISO 15189) Field Application Document – Supplementary Requirements for Accreditation in the Field of Medical Testing, July 2009’ (‘the revised NATA Field Application Document’).

 

Item 2 of Schedule 1 to the Health Insurance (Accredited Pathology Laboratories – Approval) Amendment Principles 2009 (No. 1) replaces the reference to the current NATA Field Application Document with a reference to the revised NATA Field Application Document.

 

This means that the revised NATA Field Application Document will be included in the list of accreditation materials (“other materials”) on and from 1 July 2009.

 

The NATA Field Application Document is developed by NATA and provides interpretive detail of the NPAAC standards and guidance for the quality and competence of medical testing, in particular an explanation of the applications of ISO 15189: 2003 Medical laboratories – Particular requirements for quality and competence to the various disciplines of pathology testing and also a description of the NATA/RCPA accreditation procedures applied in this field.  Medical testing laboratories must comply with this document, all relevant clauses of ISO 15189 and NPAAC Standards and relevant statutory requirements for accreditation to be granted and/or continued.

 

The NATA Field Application Document is reviewed every two years to ensure that the document reflects the current applications of ISO 15189.  As part of the accreditation framework to ensure pathology laboratories perform to best practice guidelines and are competent to undertake specific testing, the document is included in Schedule 1, Part 2 to the Health Insurance (Accredited Pathology Laboratories – Approval) Principles 2002.

 

A copy of the revised NATA Field Application Document is available on the NATA website – www.nata.asn.au

 

The changes made to the current NATA Field Application Document have been assessed as being low impact or no compliance cost.

 

Overview

The Health Insurance (Accredited Pathology Laboratories – Approval) Amendment Principles 2009 (No. 1) were introduced to update the accreditation standards for pathology laboratories in Australia, ensuring they align with the latest industry practices and regulatory requirements. Enacted by the Parliament of Australia, these principles were designed to address gaps in the existing Health Insurance (Accredited Pathology Laboratories – Approval) Principles 2002, particularly in light of new developments in medical testing and the need for more stringent quality controls. The primary objective of these amendments is to ensure that pathology services provided in accredited laboratories meet the highest standards of quality and safety, thereby safeguarding patient outcomes and maintaining the integrity of the Medicare system. The policy objective is to streamline the accreditation process while enhancing the overall competence and quality of pathology services rendered within approved laboratories. The legislative instrument, which amends the Health Insurance Act 1973, involves updating references to two key accreditation documents: the "Requirements for Procedures Related to the Collection, Processing, Storage and Issue of Human Haemopoietic Progenitor Cells (Third Edition 2009)" and the "National Association of Testing Authorities, Australia AS 4633 (ISO 15189) Field Application Document – Supplementary Requirements for Accreditation in the Field of Medical Testing, July 2009." These updates ensure that pathology laboratories are guided by the most current and comprehensive standards, facilitating better compliance and adherence to best practices in the field of medical testing.

Scope and Application

The Health Insurance (Accredited Pathology Laboratories – Approval) Amendment Principles 2009 (No. 1) amend the Health Insurance (Accredited Pathology Laboratories – Approval) Principles 2002, which apply to the approval of premises as accredited pathology laboratories under section 23DN of the Health Insurance Act 1973. The amendment involves updating the documents that are considered accreditation materials for pathology laboratories. Specifically, it replaces the 'Guidelines for Laboratory Procedures Related to the Processing, Storage and Infusion of Cells for Transplantation or Cell Therapy' with the 'Requirements for Procedures Related to the Collection, Processing, Storage and Issue of Human Haemopoietic Progenitor Cells (Third Edition 2009)' and replaces the 'National Association of Testing Authorities, Australia AS 4633 (ISO 15189) Field Application Document – Supplementary Requirements for Accreditation in the Field of Medical Testing, August 2007' with the revised 'National Association of Testing Authorities, Australia AS 4633 (ISO 15189) Field Application Document – Supplementary Requirements for Accreditation in the Field of Medical Testing, July 2009'. These amendments ensure that pathology laboratories adhere to the latest standards and guidelines, thereby maintaining the quality and safety of pathology services. The Amending Principles apply nationally and are a legislative instrument under the Legislative Instruments Act 2003. There are no specific exclusions or exemptions outlined in the Amending Principles, and their application is not extended or restricted by subordinate instruments.

Key Provisions

The Health Insurance (Accredited Pathology Laboratories – Approval) Amendment Principles 2009 (No. 1) amend the existing Health Insurance (Accredited Pathology Laboratories – Approval) Principles 2002. Section 23DNA of the Health Insurance Act 1973 provides for the Minister to determine principles to be applied in approving premises as accredited pathology laboratories, and these principles are detailed in Schedule 1 of the Amending Principles. The primary change introduced by the Amending Principles is the update of two accreditation documents listed in Schedule 1. Specifically, the document titled "Guidelines for Laboratory Procedures Related to the Processing, Storage and Infusion of Cells for Transplantation or Cell Therapy" (2004) has been revised and renamed as "Requirements for Procedures Related to the Collection, Processing, Storage and Issue of Human Haemopoietic Progenitor Cells (Third Edition 2009)" (HPC Requirements). Similarly, the "National Association of Testing Authorities, Australia AS 4633 (ISO 15189) Field Application Document – Supplementary Requirements for Accreditation in the Field of Medical Testing, August 2007" has been updated to the "National Association of Testing Authorities, Australia AS 4633 (ISO 15189) Field Application Document – Supplementary Requirements for Accreditation in the Field of Medical Testing, July 2009" (revised NATA Field Application Document). These updated documents are now included in the list of accreditation materials. The Amending Principles impose specific obligations on parties involved in the operation of accredited pathology laboratories. Laboratories must comply with the updated accreditation materials, which are referenced in Schedule 1. The HPC Requirements and the revised NATA Field Application Document outline the standards and guidelines that laboratories must adhere to for the collection, processing, storage, and issue of Human Haemopoietic Progenitor Cells and lymphocytes, as well as for maintaining quality and competence in medical testing. Compliance with these documents is crucial for laboratories seeking accreditation and for ensuring the safety and quality of pathology services provided. Failure to comply with the provisions of the Amending Principles may result in significant consequences. Accredited pathology laboratories must ensure they are compliant with the updated standards by the commencement date of 1 July 2009. Non-compliance with the updated accreditation materials could lead to the revocation of accreditation, thereby preventing the laboratory from rendering pathology services that attract Medicare benefits. In such cases, the laboratory would be ineligible to receive Medicare payments for pathology services, except for basic tests conducted by treating medical practitioners on their own patients. This financial and operational impact underscores the importance of adhering to the updated accreditation requirements.

Legal classification tags

Area of Law
Health Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.