Health Legislation Amendment Regulation 2020

1Short title

This regulation may be cited as the Health Legislation Amendment Regulation 2020.

2Commencement

Part 3 commences on 1 March 2020.

3Regulation amended

This part amends the Health (Drugs and Poisons) Regulation 1996.

4Amendment of s 171 (Pharmacists)

(1)Section 171(2), after ‘subsection (1)’—
insert—

or (5)

(2)Section 171(5), ‘16 years’—
omit, insert—

10 years

5Amendment of s 257 (Pharmacists)

(1)Section 257(2), ‘16 years’—
omit, insert—

10 years

(2)Section 257(3)—
insert—

(d)administer adrenalin of a strength of 0.1% or less to a person who is 10 years or more under—

(i)a pharmacist’s direction and personal supervision; and

(ii)the pharmacist vaccination program DTP.

6Regulation amended

This part amends the Health Ombudsman Regulation 2014.

7Amendment of s 3 (Corresponding interstate interim orders—Act, s 77)

Section 3—
insert—

(c)an interim prohibition order under the Health Complaints Act 2016 (Vic).

8Amendment of s 4 (Corresponding interstate orders—Act, s 114)

(1)Section 4, heading, ‘s 114’—
omit, insert—

s 90O

(2)Section 4, ‘section 114’—
omit, insert—

section 90O

(3)Section 4—
insert—

(c)a prohibition order under the Health Complaints Act 2016 (Vic).

9Regulation amended

This part amends the Hospital and Health Boards Regulation 2012.

10Insertion of new pt 6B

After section 30B—

insert—

Part 6B State aged care facilities

30CState aged care facilities—Act, ss 138H and 138I

For sections 138H and 138I of the Act, the State aged care facilities mentioned in schedule 2B are prescribed.

30DMinimum nurse and registered nurse percentages—Act, s 138H

(1)This section prescribes the minimum percentage of nurses or registered nurses providing residential care at a State aged care facility prescribed under section 30C during each 24-hour period to the total number of nurses and support workers (the care staff) providing residential care at the facility during the period.

(2)At least 50% of the care staff must be nurses.

(3)At least 30% of the care staff must be registered nurses.

30EMinimum average daily resident care hours—Act, s 138I

The minimum average daily resident care hours at a State aged care facility prescribed under section 30C is 3.65 hours.

11Replacement of s 34A (Prescribed health practitioner—Act, s 139)

Section 34A—
omit, insert—

34A Prescribed health practitioner—Act, s 139

(1)For section 139 of the Act, definition prescribed health practitioner, a relevant health practitioner who holds a type of registration mentioned in schedule 2C, column 2 for a health profession mentioned in column 1 of the schedule is prescribed.

(2)In this section—

health profession see the Health Practitioner Regulation National Law, section 5.

type of registration means type of registration under the Health Practitioner Regulation National Law.

12Insertion of new schs 2B and 2C

After schedule 2A—

insert—

Schedule 2B State aged care facilities subject to nurse and registered nurse percentages and minimum average daily resident care hours

section 30C

•Brighton Health Campus (Gannet House)

•Cooinda House

•Dr E A F McDonald Nursing Home

•Eventide Charters Towers

•Eventide Home Rockhampton

•Forest View Residential Care Facility

•Glenbrook Residential Aged Care Facility

•Karingal Nursing Home

•Milton House

•Mt Lofty Nursing Home

•North Rockhampton Nursing Centre

•Parklands Residential Aged Care Facility

•Redland Residential Care Facility

•The Oaks Residential Aged Care Facility

•Waroona Multipurpose Centre

•Westhaven Nursing Home

Schedule 2C Prescribed health practitioners

section 34A

Column 1	Column 2
Health profession	Type of registration
medical	general registration
	limited registration for a purpose mentioned in the Health Practitioner Regulation National Law, section 66 or 67
	limited registration in the public interest to which the Health Practitioner Regulation National Law, section 273 applies
	provisional registration
	special registration
midwifery	general registration
	provisional registration
nursing	general registration
	provisional registration
paramedicine	general registration