Health Practitioners (Special Events Exemption) Act 1998
Health Practitioners (Special Events Exemption) Act
1998
QueenslandHealthPractitioners(SpecialEventsExemption)Act1998Current as at 1
July 2014Reprint noteThis is the last
reprint before repeal. Repealed on 1 January 2015 by 2014Act
No. 60 s 85.
Information about this reprintThis
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Health Practitioners (Special Events
Exemption) Act 1998Part 1 Preliminary[s 1]Health Practitioners (Special EventsExemption) Act 1998[as amended by
all amendments that commenced on or before 1 July 2014]An Act
to allow visiting health practitioners to provide healthcare
services in the State for special events without becomingregistered under State law, and for other
purposesPart 1Preliminary1Short
titleThisActmaybecitedastheHealthPractitioners(SpecialEvents Exemption) Act 1998.2Main purpose of
ActThemainpurposeofthisActistoallowforexemptingvisitinghealthpractitionersfromhavingtoregisterunderState law when in the State for particular
sporting, cultural orother events.Part 2Interpretation3DefinitionsThe dictionary
in the schedule defines particular words usedin this
Act.Current as at 1 July 2014Page
3
Health
Practitioners (Special Events Exemption) Act 1998Part 3
Special events exemption for visiting health practitioners[s
4]4Meaning ofvisitinghealthpractitionerA person is
avisiting health practitionerif—(a)the person is an
individual who is a resident of anothercountry;
and(b)thepersonisappointed,employed,contractedorotherwise engaged to provide health care
services to avisitor; and(c)notification is given of the person’s
intention to providethe health care services in the State
to the visitor underthe procedure stated in the special
event notice for thespecial event concerned.5Meaning ofvisitorA
person is avisitorif—(a)the person is a resident of another
country who is in theState to officially participate in, or
prepare for, a specialevent; or(b)the
person is a resident of Australia who is in the Stateforapurposementionedinparagraph(a)andisamemberofagroupthemajorityofthemembersofwhich are persons mentioned in paragraph (a)
who arein the State for the same purpose.Part
3Special events exemption forvisiting health practitioners6Declaration of special events(1)A regulation may declare a sporting,
cultural or other event tobe a special event for this
Act.(2)The regulation must be for—Page
4Current as at 1 July 2014
Health Practitioners (Special Events
Exemption) Act 1998Part 3 Special events exemption for visiting
health practitioners[s 7](a)an
event taking place, or to take place, in the State thatwillorislikelytoattractasignificantnumberofparticipants from other countries;
or(b)an event taking place, or to take
place, in another Statethat will or is likely toattract a significant number ofparticipantsfromothercountriessomeofwhomarelikely to come to this State to prepare for
the event.(3)The regulation must state a period
when an exemption underthisActhaseffectforthespecialevent(theexemptionperiod).(4)Theexemptionperiodforthespecialeventmayincludeaperiod before or after the special event
takes place.7Special event notice(1)The Minister may publish a notice in
the gazette for a specialevent (aspecial event
notice).(2)The notice must
state a procedure for section 4(c) by whichnotification is
to be given of a person’s intention to providehealth care
services in the State to a visitor.(3)The
stated procedure may require the giving of information.8Provision of health care services by
visiting healthpractitioners(1)A
visiting health practitioner is authorised to provide healthcareservicestoavisitorifthehealthpractitionerhasbeenappointed,employed,contractedorotherwiseengagedtoprovide the services for the visitor
and the notification for thepractitioner
mentioned in section 4(c) relates to the visitor.(2)Subsection (1) applies to a visiting
health practitioner only—(a)duringtheexemptionperiodforthespecialeventtowhich the notification relates; and(b)while the health practitioner is
complying with this Actand conditions imposed under this
Act.Current as at 1 July 2014Page
5
Health
Practitioners (Special Events Exemption) Act 1998Part 3
Special events exemption for visiting health practitioners[s
9]9Conditions on provision of health care
services byvisiting health practitionersAspecialeventnoticemayimposeconditionsontheprovisionofhealthcareservicesbyavisitinghealthpractitioner.10Issue
of prescriptions and supply of certain substances(1)A special event notice may—(a)authoriseavisitinghealthpractitionertoissueprescriptionsforarestrictedorcontrolleddruginthecourse of
providing health care services under this Act;and(b)authoriseadispensertodispensearestrictedorcontrolled drug on a prescription issued
under paragraph(a); and(c)authoriseavisitinghealthpractitionertobesuppliedwithanS2orS3substancebywholesaleforthepractitionertoprovidehealthcareservicesunderthisAct;
and(d)authorise a wholesaler to supply an S2
or S3 substanceby wholesale to a visiting health
practitioner authorisedunder paragraph (c).(2)Howeveraspecialeventnoticemustnotcontainanauthorisationundersubsection(1)unlesstheMinisterissatisfiedadequatearrangementsareinplacetoensurethesubstance concerned will only be prescribed
for and suppliedto persons to whom visiting health
practitioners are authorisedto provide
health care services under this Act.(3)Aspecialeventnoticemayimposeconditionsonanauthorisation under this section
conferred by the notice.Page 6Current as at 1
July 2014
Health Practitioners (Special Events
Exemption) Act 1998Part 3 Special events exemption for visiting
health practitioners[s 11]11Storage of restricted or controlled
drugsAvisitinghealthpractitionermustensurearestrictedorcontrolled drug in the visiting health
practitioner’s possessionis kept—(a)in a
secure place under the visiting health practitioner’spersonal control; and(b)inaccordancewithwrittendirectionsgiventothepractitioner by
the chief executive.12Exemptions relating to offences(1)AvisitinghealthpractitionerdoesnotcommitanoffenceundertheHealthPractitionerRegulationNationalLaw(Queensland),theHealth(DrugsandPoisons)Regulation1996, or
theDrugs Misuse Act 1986by—Editor’s note—Avisitinghealthpractitionerwhoprovideshealthcareservicesotherwisethaninaccordancewithsection8ofthisActlosestheexemption given by section 12 in relation to
the commission of offencesunder the Health Practitioner
Regulation National Law (Queensland),theHealth (Drugs and Poisons) Regulation
1996or theDrugs
MisuseAct 1986.(a)providing health care services
authorised under this Act;or(b)ifasubstanceisasubstancethatmaybelawfullypossessed,suppliedoradministeredbyalocalhealthpractitioner—possessing,supplyingoradministeringthe substance in
the course of providing the authorisedhealth care
services; or(c)prescribing under this Act a
restricted or controlled druginthecourseofprovidingtheauthorisedhealthcareservices;
or(d)holding himself or herself out as
being able to providethe authorised health care services;
orCurrent as at 1 July 2014Page
7
Health
Practitioners (Special Events Exemption) Act 1998Part 3
Special events exemption for visiting health practitioners[s
12](e)usingatitle,referencetoaqualification,description,word,letterorsymbolthevisitinghealthpractitionerordinarily
uses.(2)A visitor does not commit an offence
under theHealth (Drugsand Poisons)
Regulation 1996or theDrugs Misuse Act
1986,by doing any thing, or possessing a
substance, as a result ofbeing provided with health care
services under this Act.(3)AdispenserdoesnotcommitanoffenceundertheHealth(Drugs and
Poisons) Regulation 1996by, under a prescriptionissued by a visiting health practitioner,
dispensing a restrictedor controlled drug if—(a)the dispenser believes, on reasonable
grounds, the healthpractitionerisauthorisedunderthisActtoissuetheprescription; and(b)the
dispenser is authorised under this Act to dispense thedrug
on the prescription of a visiting health practitionerauthorised under this Act to issue the
prescription.(4)A wholesaler does not commit an
offence under theHealth(DrugsandPoisons)Regulation1996ortheDrugsMisuseAct 1986, by
supplying an S2 or S3 substance by wholesale toa visiting
health practitioner if—(a)thewholesalerbelieves,onreasonablegrounds,thevisiting health practitioner is
authorised under this Actto be supplied with the substance by
wholesale; and(b)the wholesaler is authorised under
this Act to supply thesubstance by wholesale to a visiting
health practitionerauthorisedunderthisActtobesuppliedwiththesubstance by wholesale; and(c)thewholesaleriscomplyingwiththeconditionstowhich the person’s licence is subject under
theHealth(Drugs and
Poisons) Regulation 1996.Page 8Current as at 1 July 2014
Part
4Health Practitioners (Special Events
Exemption) Act 1998Part 4 Monitoring[s 13]Monitoring13Monitoring the prescribing and supplying of
certainsubstancesThe chief
executive must monitor the prescribing of restrictedand
controlled drugs by visiting health practitioners, and thesupplying ofS2andS3substancesbywholesalers,underaspecial event notice.14Dispensers to forward copies of
prescriptions(1)This section applies to a dispenser
who, under a special eventnotice, dispenses a restricted or
controlled drug.(2)The dispenser must, within 14 days of
dispensing the drug,give to the chief executive a copy of
the prescription on whichthe drug was dispensed.Maximum penalty—40 penalty units.(3)For subsection (2), the copy of the
prescription must clearlyshowthetypeandquantityofthedrugtowhichtheprescription relates.Part 5Miscellaneous15Complaints about visiting health
practitioners(1)Acomplaintmaynotbemadeaboutavisitinghealthpractitioner under theHealth Ombudsman
Act 2013.(2)However, subsection (1) does not apply
to a complaint for anoffence or prevent the bringing of
proceedings for an offence.(3)Subsection (1) does not apply to a visiting
health practitionerwhoisregisteredundertheHealthPractitionerRegulationNational
Law.Current as at 1 July 2014Page
9
Health
Practitioners (Special Events Exemption) Act 1998Part 5
Miscellaneous[s 16]16Act
does not limit the practice of local healthpractitionersThis Act does
not prejudice or affect the lawful occupation,trade or
business of a person in the person’s capacity as a localhealth practitioner.17Proceedings for offencesA proceeding for
an offence against this Act may be taken in asummary way
under theJustices Act 1886.18Regulation-making powerTheGovernorinCouncilmaymakeregulationsunderthisAct.Page
10Current as at 1 July 2014
ScheduleHealth
Practitioners (Special Events Exemption) Act 1998ScheduleDictionarysection 3administer,asubstance,meansgiveapersonasingletreatment dose
of the substance.controlled drughas the meaning
given in theHealth (Drugsand Poisons)
Regulation 1996.Editor’s note—Health (Drugs and Poisons) Regulation
1996, appendix 9—controlled
drugmeans an S8 substance.dispensemeans sell or offer to sell on
prescription.dispensermeans a person
who, under theHealth (Drugs andPoisons)Regulation1996,maydispensearestrictedorcontrolled drug.exemption
periodsee section 6(3).healthcareservicesmeansservicesordinarilyprovidedbychiropractors,dentalprosthetists,dentists,medicalpractitioners,medicalradiationtechnologists,nurses,occupational therapists, optometrists,
osteopaths, pharmacists,physiotherapists, podiatrists and
psychologists.local health practitionermeans a person registered under theHealth Practitioner Regulation National
Law.possess, a substance,
includes—(a)have custody or control of the
substance; or(b)have an ability or right to obtain
custody or control ofthe substance.prepareincludes the following—(a)train;(b)practise;(c)rehearse;Current as at 1
July 2014Page 11
Health
Practitioners (Special Events Exemption) Act 1998Schedule(d)acclimatise.prescriptionmeans a written
direction authorising a dispenserto dispense a
stated restricted or controlled drug.restricted
drughas the meaning given in theHealth(Drugsand
Poisons) Regulation 1996.Editor’s
note—Health (Drugs and Poisons) Regulation
1996, appendix 9—restricted drugmeans an S4
substance.S2 substanceorS3
substancemeans a substance classified S2or
S3 under theHealth (Drugs and Poisons) Regulation
1996.Editor’s note—Health (Drugs and Poisons) Regulation
1996, section 5, the expressionS2,S3,S4,S5,S6,S7,S8orS9means—(a)iffollowedbyacontrolleddrug,restricteddrugorapoison—the drug
or poison in the schedule to the standardwith the number
given in the expression; or(b)iffollowedby‘poison’or‘substance’withoutnamingapoisonorsubstance—anypoisoninthescheduletothestandard with the
number given in the expression.Examples—1If a provision
mentions ‘S2 fluorides’, it means fluorides inschedule 2 to the
standard, i.e., fluorides in preparations fortopical human
therapeutic use.2If a provision mentions ‘S3
fluorides’, it means fluorides inschedule3tothestandard,i.e.,fluoridesindentifricescontaining more
than 1000mg/kg of fluoride ion. Fluoridesmay also be
included in other schedules, for example as S4,S5 or S6
poisons.3If a provision mentions ‘S7 poison’,
it means any poison inschedule 7 to the standard.special eventmeans an event
declared to be a special eventunder section
6(1).special event noticesee section
7(1).supplyincludes—(a)distribute, give or sell; andPage
12Current as at 1 July 2014
Health Practitioners (Special Events
Exemption) Act 1998Schedule(b)offer or agree to distribute, give or sell;
and(c)cause or permit to be distributed,
given or sold; and(d)attempt to supply or do an act
mentioned in paragraphs(a) to (c).visiting health
practitionersee section 4.visitorsee
section 5.wholesaler, in relation to
the supply of an S2 or S3 substance,means a person
who, under theHealth (Drugs and Poisons)Regulation1996,islicensedtosupplythesubstancebywholesale.Current as at 1
July 2014Page 13
Health
Practitioners (Special Events Exemption) Act 1998EndnotesEndnotes1Index to endnotesPage2Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .143Table of reprints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .144List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .155List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .182KeyKey to
abbreviations in list of legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdnumo in
comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=numbered=order in council=omitted=original=page=paragraph=preceding=present=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No. [X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised version=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2012=subordinate legislation=substituted=unnumbered3Table of reprintsA new reprint of
the legislation is prepared by the Office of the Queensland
ParliamentaryCounsel each time a change to the legislation
takes effect.The notes column for this reprint gives
details of any discretionary editorial powers undertheReprints Act 1992used by the
Office of the Queensland Parliamentary Counsel inpreparing it. Section 5(c) and (d) of the Act
are not mentioned as they contain mandatoryPage 14Current as at 1 July 2014
Health Practitioners (Special Events
Exemption) Act 1998Endnotesrequirementsthatallamendmentsbeincludedandallnecessaryconsequentialamendments be
incorporated, whether of punctuation, numbering or another kind.
Furtherdetails of the use of any discretionary
editorial power noted in the table can be obtained bycontacting the Office of the Queensland
Parliamentary Counsel by telephone on 30039601 or email
legislation.queries@oqpc.qld.gov.au.From29January2013,allQueenslandreprintsaredatedandauthorisedbytheParliamentary Counsel. The previous
numbering system and distinctions between printedand
electronic reprints is not continued with the relevant details for
historical reprintsincluded in this table.ReprintNo.11A1B1C1D1E1F2Amendments to1998 Act No.
412000 Act No. 462001 Act No.
162001 Act No. 162001 Act No.
162001 Act No. 162001 Act No.
162001 Act No. 16Effective21
December 199825 October 20001 January
20021 February 20021 March
20021 May 200212 May
200212 May 2002Reprint
date18 May 19993 November
200011 January 20028 February
200215 March 20021 May 200221
May 20027 June 2002ReprintNo.2A2B33A3BAmendments included2003 Act No.
92006 Act No. 25—2010
Act No. 142012 Act No. 10Effective28
March 20031 July 20061 July
20061 July 20101 July
2012NotesR2B withdrawn,
see R3Current as at20 May 20131 July
2014Amendments included2013 Act No.
132013 Act No. 36NotesRA s
354List of legislationHealth Practitioners (Special Events
Exemption) Act 1998 No. 40date of assent 27 November 1998commenced on date of assentamending legislation—Health and Other
Legislation Amendment Act 1998 No. 41 ss 1, 2(2), 14(1) sch 1
(thisAct is amended, see amending legislation
below)date of assent 27 November 1998ss
1–2 commenced on date of assentremaining
provisions commenced 21 December 1998 (1998 SL No. 346)amending legislation—Current as at 1
July 2014Page 15
Health
Practitioners (Special Events Exemption) Act 1998EndnotesStatute Law
(Miscellaneous Provisions) Act 1999 No. 19 ss 1–3 sch
(amends1998 No. 41 above)date of assent 30
April 1999ss 1–2 commenced on date of assentremaining provisions commenced 27 November
1998 (see s 2, sch)Statute Law (Miscellaneous Provisions) Act
2000 No. 46 ss 1, 3 schdate of assent 25 October 2000commenced on date of assentChiropractors Registration Act 2001 No. 3 ss
1–2, 241 sch 2date of assent 11 May 2001ss
1–2 commenced on date of assentremaining
provisions commenced 1 May 2002 (2002 SL No. 73)Dental Practitioners Registration Act 2001
No. 4 ss 1–2, 267 sch 2date of assent 11 May 2001ss
1–2 commenced on date of assentremaining
provisions commenced 1 January 2002 (2001 SL No. 258)Dental Technicians and Dental Prosthetists
Registration Act 2001 No. 5 ss 1–2, 247sch 2date
of assent 11 May 2001ss 1–2 commenced on date of
assentremaining provisions commenced 1 May 2002
(2002 SL No. 74)Medical Practitioners Registration Act 2001
No. 7 ss 1–2, 302 sch 2date of assent 11 May 2001ss
1–2 commenced on date of assentremaining
provisions commenced 1 March 2002 (2002 SL No. 30)Medical Radiation Technologists Registration
Act 2001 No. 8 ss 1–2, 237 sch 2date of assent 11
May 2001ss 1–2 commenced on date of assentremaining provisions commenced 12 May 2002
(automatic commencement underAIA s
15DA(2))Occupational Therapists Registration Act 2001
No. 9 ss 1–2, 239 sch 2date of assent 11 May 2001ss
1–2 commenced on date of assentremaining
provisions commenced 1 February 2002 (2001 SL No. 259)Optometrists Registration Act 2001 No. 10 ss
1–2, 237 sch 2date of assent 11 May 2001ss
1–2 commenced on date of assentremaining
provisions commenced 1 February 2002 (2001 SL No. 260)Pharmacists Registration Act 2001 No. 12 ss
1–2, 245 sch 2date of assent 11 May 2001ss
1–2 commenced on date of assentremaining
provisions commenced 1 February 2002 (2001 SL No. 261)Page
16Current as at 1 July 2014
Health Practitioners (Special Events
Exemption) Act 1998EndnotesPhysiotherapists
Registration Act 2001 No. 13 ss 1–2, 242 sch 2date of assent 11
May 2001ss 1–2 commenced on date of assentremaining provisions commenced 1 February
2002 (2001 SL No. 262)Podiatrists Registration Act 2001 No.
14 ss 1–2, 238 sch 2date of assent 11 May 2001ss
1–2 commenced on date of assentremaining
provisions commenced 1 May 2002 (2002 SL No. 76)Psychologists Registration Act 2001 No. 15 ss
1–2, 255 sch 2date of assent 11 May 2001ss
1–2 commenced on date of assentremaining
provisions commenced 1 May 2002 (2002 SL No. 77)Speech Pathologists Registration Act 2001 No.
16 ss 1–2, 236 sch 2date of assent 11 May 2001ss
1–2 commenced on date of assentremaining
provisions commenced 1 February 2002 (2001 SL No. 263)Health and Other Legislation Amendment Act
2003 No. 9 ss 1, 67 schdate of assent 28 March 2003commenced on date of assentHealth Quality and Complaints Commission Act
2006 No. 25 ss 1–2(1), 241(1) sch 3date of assent 29
May 2006ss 1–2 commenced on date of assentremaining provisions commenced 1 July 2006
(see s 2(1))Health Legislation (Health Practitioner
Regulation National Law) Amendment Act2010 No. 14 ss
1, 124 schdate of assent 21 April 2010ss
1–2 commenced on date of assentremaining
provisions commenced 1 July 2010 (see s 2)Health
Legislation (Health Practitioner Regulation National Law) Amendment
Act2012 No. 10 pts 1, 12date of assent 27
June 2012ss 1–2 commenced on date of assentremaining provisions commenced 1 July 2012
(see s 2)Health Practitioner Registration and Other
Legislation Amendment Act 2013 No. 13ss 1–2(1), pt
9date of assent 27 March 2013ss
1–2 commenced on date of assentremaining
provisions commenced 20 May 2013 (2013 SL No. 69 item 1)Health Ombudsman Act 2013 No. 36 ss 1–2, 331
sch 1date of assent 29 August 2013ss
1–2 commenced on date of assentremaining
provisions commenced 1 July 2014 (2014 SL No. 15)Current as at 1 July 2014Page
17