National Health (Collaborative arrangements for midwives) Determination 2010

Administered by Department of Health, Disability and Ageing

Legislation au F2010L02105 Not in force Legislative Instrument

Legislation content

National Health (Collaborative arrangements for midwives) Determination 2010

as amended

made under subsection 84(1) of the

National Health Act 1953

Compilation start date:  1 September 2013

Includes amendments up to: National Health (Collaborative arrangements for midwives) Amendment Determination 2013

 

About this compilation

This compilation

This is a compilation of the National Health (Collaborative arrangements for midwives) Determination 2010 as in force on 1 September 2013. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 22 October 2013.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

 

 

 

 

Contents

Part 1—Preliminary

1 Name of Determination

2 Commencement

3 Definitions

4 Specified medical practitioners

Part 2—Collaborative arrangements

5 Collaborative arrangements—general

6 Agreement between eligible midwife and 1 or more specified medical practitioners

7 Arrangement—midwife’s written records

8 Arrangement—midwife credentialed for a hospital

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

 

Part 1—Preliminary

 

1  Name of Determination

  This Determination is the National Health (Collaborative arrangements for midwives) Determination 2010.

2  Commencement

  This Determination commences on the later of the following:

 (a) 1 July 2010;

 (b) the day after it is registered.

3  Definitions

  In this Determination:

Act means the National Health Act 1953.

collaborative arrangement means a collaborative arrangement mentioned in section 5.

medical practitioner has the meaning given by subsection 3(1) of the Health Insurance Act 1973.

obstetrician means a medical practitioner who is a specialist in the specialty of obstetrics and gynaecology (however described).

obstetric specified medical practitioner means a medical practitioner mentioned in paragraph 4(a) or (b).

specialist has the meaning given by subsection 3(1) of the Health Insurance Act 1973.

specified medical practitioner means a medical practitioner mentioned in section 4.

4  Specified medical practitioners

  For the definition of authorised midwife in subsection 84(1) of the Act, the following kinds of medical practitioner are specified:

 (a) an obstetrician;

 (b) a medical practitioner who provides obstetric services;

 (c) a medical practitioner employed or engaged by a hospital authority and authorised by the hospital authority to participate in a collaborative arrangement.

Part 2—Collaborative arrangements

 

5  Collaborative arrangements—general

 (1) For the definition of authorised midwife in subsection 84(1) of the Act, each of the following is a kind of collaborative arrangement for an eligible midwife:

 (a) an arrangement under which the midwife:

 (i) is employed or engaged by one or more obstetric specified medical practitioners, or by an entity that employs or engages one or more obstetric specified medical practitioners; or

 (ii) has an agreement, in writing, with an entity, other than a hospital, that employs or engages one or more obstetric specified medical practitioners;

 (b) a patient is referred, in writing, to the midwife for midwifery treatment by a specified medical practitioner;

 (c) an agreement mentioned in section 6 for the midwife;

 (d) an arrangement mentioned in section 7 for the midwife;

 (e) an arrangement mentioned in section 8 for the midwife.

 (2) For subsection (1), the arrangement must provide for:

 (a) consultation between the midwife and an obstetric specified medical practitioner; and

 (b) referral of a patient to a specified medical practitioner; and

 (c) transfer of a patient’s care to an obstetric specified medical practitioner.

 (3) A collaborative arrangement, other than an arrangement mentioned in section 7, may apply to more than 1 patient.

 (4) However, an acknowledgement mentioned in paragraph 7(1)(c) may apply for more than 1 patient.

 (5) To avoid doubt, a collaborative arrangement may involve a specified medical practitioner who is in private practice or in the public sector.

6  Agreement between eligible midwife and 1 or more specified medical practitioners

 (1) An agreement may be made between:

 (a) an eligible midwife; and

 (b) 1 or more specified medical practitioners.

 (2) The agreement must be in writing and signed by the eligible midwife and the other parties mentioned in paragraph (1)(b).

7  Arrangement—midwife’s written records

 (1) An eligible midwife must record the following for a patient in the midwife’s written records:

 (a) the name of at least 1 specified medical practitioner who is, or will be, collaborating with the midwife in the patient’s care (a named medical practitioner);

 (b) that the midwife has told the patient that the midwife will be providing midwifery services to the patient in collaboration with 1 or more specified medical practitioners in accordance with this section;

 (c) acknowledgement by a named medical practitioner that the practitioner will be collaborating in the patient’s care;

 (d) plans for the circumstances in which the midwife will do any of the following:

 (i) consult with an obstetric specified medical practitioner;

 (ii) refer the patient to a specified medical practitioner;

 (iii) transfer the patient’s care to an obstetric specified medical practitioner.

 (2) The midwife must also record the following in the midwife’s written records:

 (a) any consultation or other communication between the midwife and an obstetric specified medical practitioner about the patient’s care;

 (b) any referral of the patient by the midwife to a specified medical practitioner;

 (c) any transfer by the midwife of the patient’s care to an obstetric specified medical practitioner;

 (d) when the midwife gives a copy of the hospital booking letter (however described) for the patient to a named medical practitioner—acknowledgement that the named medical practitioner has received the copy;

 (e) when the midwife gives a copy of the patient’s maternity care plan prepared by the midwife to a named medical practitioner—acknowledgement that the named medical practitioner has received the copy;

 (f) if the midwife requests diagnostic imaging or pathology services for the patient—when the midwife gives the results of the services to a named medical practitioner;

 (g) that the midwife has given a discharge summary (however described) at the end of the midwife’s care for the patient to:

 (i) a named medical practitioner; and

 (ii) the patient’s usual general practitioner.

 (3) In this section:

usual general practitioner, for a patient, includes a medical practitioner nominated by the patient.

8  Arrangement—midwife credentialed for a hospital

 (1) For subsection 5(1)(e), in relation to a hospital, an eligible midwife is:

 (a) credentialed to provide midwifery services after successfully completing a formal process to assess the midwife’s competence, performance and professional suitability; and

 (b) given clinical privileges for a defined scope of clinical practice for the hospital; and

 (c) permitted to provide midwifery care to his or her own patients at the hospital.

 (2) The hospital must employ or engage one or more obstetric specified medical practitioners.

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

 

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

 

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

 

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

 

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

 

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub‑Ch = Sub‑Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)
/sub‑subparagraph(s)

 

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

National Health (Collaborative arrangements for midwives) Determination 2010

16 July 2010 (see F2010L02105)

17 July 2010 (see s 2(b))

 

National Health (Collaborative arrangements for midwives) Amendment Determination 2013

31 July 2013 (see F2013L01485)

(a)

—

 

(a) Section 2 of National Health (Collaborative arrangements for midwives) Amendment Determination 2013 provides as follows:

 2. Commencement

  This determination commences immediately after the commencement of the Health Insurance Amendment (Midwives) Regulations 2013.

 The Health Insurance Amendment (Midwives) Regulation 2013 commenced on 1 September 2013.

Endnote 4—Amendment history

 

Provision affected

How affected

Pt 2

 

s 5.....................

am F2013L01485

s 8.....................

ad F2013L01485

 

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

 

 

 

Overview

The National Health (Collaborative arrangements for midwives) Determination 2010 was enacted to address gaps in the collaborative practice arrangements for midwives, ensuring that midwives could work effectively with medical practitioners in providing maternity care. This determination was made under subsection 84(1) of the National Health Act 1953 by the Australian Government. Its policy objective was to formalise the collaborative arrangements that allow midwives to work with specified medical practitioners, such as obstetricians and those providing obstetric services, thereby enhancing the quality of maternity care. The determination establishes the parameters for collaborative arrangements, including the necessity for written agreements, consultation protocols, and the recording of collaborative activities in the midwife's written records. This legislative instrument was designed to clarify and standardise the collaborative practices between midwives and medical practitioners, ensuring that these practices meet specified medical and regulatory standards.

Scope and Application

The National Health (Collaborative arrangements for midwives) Determination 2010, as amended, is a legislative instrument made under section 84(1) of the National Health Act 1953, and applies to midwives in Australia who are eligible to participate in collaborative arrangements with specified medical practitioners. The Determination commenced on 17 July 2010 and is applicable to the Commonwealth of Australia. It defines terms such as "collaborative arrangement," "obstetric specified medical practitioner," and "specified medical practitioner," which includes obstetricians, medical practitioners who provide obstetric services, and medical practitioners employed or engaged by a hospital authority to participate in a collaborative arrangement. The Determination specifies the types of collaborative arrangements that are permissible, including arrangements where an eligible midwife is employed or engaged by one or more obstetric specified medical practitioners, or has a written agreement with an entity that employs or engages one or more obstetric specified medical practitioners, among other conditions. The Determination also outlines the requirements for record-keeping and credentialing for midwives working in hospitals. The scope of the Determination is extended and may be further regulated through subordinate instruments, as evidenced by the National Health (Collaborative arrangements for midwives) Amendment Determination 2013, which was made to align with the Health Insurance Amendment (Midwives) Regulations 2013.

Key Provisions

The main provisions of the National Health (Collaborative arrangements for midwives) Determination 2010 (as amended) focus on the collaborative arrangements for midwives. Section 5 outlines the types of collaborative arrangements for an eligible midwife, which include employment or engagement by obstetric specified medical practitioners or entities, written agreements with entities, referrals by specified medical practitioners, and other agreements or arrangements as specified in sections 6, 7, and 8 (sections 5(1)(a)-(e)). Section 6 allows for an agreement between an eligible midwife and one or more specified medical practitioners, which must be in writing and signed by all parties involved. Section 7 mandates that midwives keep detailed written records of their collaborative arrangements, including the names of collaborating medical practitioners, acknowledgments of collaboration, and plans for consultations, referrals, and transfers of patient care. Section 8 specifies that an eligible midwife must be credentialed for a hospital to provide midwifery services there, involving a formal assessment process and clinical privileges for a defined scope of practice. The Determination imposes obligations on eligible midwives and specified medical practitioners to ensure proper collaborative arrangements. Eligible midwives must enter into agreements or arrangements that provide for consultation, referral, and transfer of patient care as outlined in section 5. They are also required to maintain comprehensive written records of their collaborative arrangements as specified in section 7. Specified medical practitioners must be involved in these arrangements, either through employment, engagement, or agreement, and must acknowledge their role in the patient's care. Hospitals must employ or engage one or more obstetric specified medical practitioners and credential eligible midwives for providing services within the hospital. The Determination does not explicitly state offences, penalties, or civil/criminal consequences for breaches of its provisions. However, given its nature and the regulatory context, non-compliance with the requirements for collaborative arrangements and record-keeping could potentially lead to regulatory action under the National Health Act 1953 or other relevant legislation, which might include fines, sanctions, or other administrative measures. The specific penalties would depend on the nature and severity of the breach and the applicable laws.

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