2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Health)
Health Practitioner Regulation National Law (ACT) Bill 2009

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Dictionary	3
	4	Terms used in Health Practitioner Regulation National Law (ACT)	3
	5	Notes	3
Part 2	Adoption of Health Practitioner Regulation National Law
	6	Application of Health Practitioner Regulation National Law	4
	7	Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction	4
	8	Responsible tribunal for Health Practitioner Regulation National Law (ACT)	4
	9	Exclusion of territory laws	5
	10	Regulation-making power	5
Part 3	Local provisions
Division 3.1	Amendment of legislation
	11	Legislation amended—sch 2	6
Division 3.2	Transitional provisions
	12	Transitional regulations	6
	13	Annual reports for old boards	6
	14	Expiry—pt 3	7
Schedule 1	Modifications—Health Practitioner Regulation National Law	8
Schedule 2	Consequential amendments	17
Part 2.1	Administrative Decisions (Judicial Review) Act 1989	17
Part 2.2	Children and Young People Act 2008	17
Part 2.3	Civil Law (Wrongs) Act 2002	23
Part 2.4	Corrections Management Act 2007	23
Part 2.5	Crimes Act 1900	25
Part 2.6	Crimes (Forensic Procedures) Act 2000	26
Part 2.7	Health Act 1993	27
Part 2.8	Health Professionals Act 2004	32
Part 2.9	Health Professionals Regulation 2004	34
Part 2.10	Health Professionals (Special Events Exemptions) Act 2000	45
Part 2.11	Health Records (Privacy and Access) Act 1997	45
Part 2.12	Human Rights Commission Act 2005	46
Part 2.13	Legislation Act 2001	49
Part 2.14	Medicines, Poisons and Therapeutic Goods Act 2008	53
Part 2.15	Medicines, Poisons and Therapeutic Goods Regulation 2008	54
Part 2.16	Mental Health (Treatment and Care) Act 1994	62
Part 2.17	Public Health Act 1997	63
Part 2.18	Radiation Protection Act 2006	63
Part 2.19	Transplantation and Anatomy Act 1978	64
Part 2.20	Victims of Crime (Financial Assistance) Act 1983	66
Part 2.21	Victims of Crime Regulation 2000	66
Part 2.22	Workers Compensation Act 1951	68
Part 2.23	Workers Compensation Regulation 2002	69
Dictionary		70

2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Health)
Health Practitioner Regulation National Law (ACT) Bill 2009

A Bill for
An Act about health practitioner regulation, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Health Practitioner Regulation National Law (ACT) Act 2009.
2	Commencement
	(1)	This Act commences on—
	(a)	1 July 2010; or
	(b)	if, before 1 July 2010, the Minister fixes another day (not later than 1 July 2011) by written notice—the day fixed.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
	(2)	However, a date or time provided by a special commencement provision for an amendment made by this Act has effect as the commencement date or time of the amendment.
	(3)	In this section:
special commencement provision, for an amendment made by this Act, is a provision, in brackets beginning with the text ‘commencement:’, at the end of the amendment.
Example
An amendment followed by ‘(commencement: 1 July 2012)’ means that the amendment commences on 1 July 2012.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to this Act.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act.
Note 2	A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Terms used in Health Practitioner Regulation National Law (ACT)
Terms used in this Act and also in the Health Practitioner Regulation National Law (ACT) have the same meanings in this Act as they have in that Law.
5	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Adoption of Health Practitioner Regulation National Law
6	Application of Health Practitioner Regulation National Law
The Health Practitioner Regulation National Law, as in force from time to time, set out in the schedule to the Qld Act—
	(a)	applies as a territory law, as modified by schedule 1; and
	(b)	as so applying may be referred to as the Health Practitioner Regulation National Law (ACT); and
	(c)	so applies as if it were a part of this Act.
Note	The Qld Act is accessible at www.legislation.qld.gov.au
7	Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction
In the Health Practitioner Regulation National Law (ACT):
magistrates court means the Magistrates Court.
the State means the Territory.
this jurisdiction means the ACT.
8	Responsible tribunal for Health Practitioner Regulation National Law (ACT)
The ACAT is declared to be the responsible tribunal for this jurisdiction for the Health Practitioner Regulation National Law (ACT).
Note	Responsible tribunal—see the Health Practitioner Regulation National Law (ACT), s 5.
9	Exclusion of territory laws
The following territory laws do not apply to the Health Practitioner Regulation National Law (ACT) or to instruments made under that Law:
	(a)	the Annual Reports (Government Agencies) Act 2004;
	(b)	the Auditor-General Act 1996;
	(c)	the Criminal Code 2002;
	(d)	the Financial Management Act 1996;
	(e)	the Freedom of Information Act 1989;
	(f)	the Legislation Act 2001;
	(g)	the Ombudsman Act 1989;
	(h)	the Public Sector Management Act 1994.
Note	The Health Practitioner Regulation National Law (ACT), s 198 provides that the provisions about appeals in the Law apply despite the ACT Civil and Administrative Tribunal Act 2008, but does not otherwise limit that Act.
10	Regulation-making power
The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Part 3	Local provisions
Division 3.1	Amendment of legislation
11	Legislation amended—sch 2
This Act amends the legislation mentioned in schedule 2.
Division 3.2	Transitional provisions
12	Transitional regulations
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act.
	(2)	A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
	(3)	A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
13	Annual reports for old boards 
	(1)	This section applies if—
	(a)	a health profession board (the old board) under the Health Professionals Act 2004 as in force immediately before the commencement of this Act ceases, or has ceased, to exist on or immediately before the commencement of this Act; and
	(b)	some or all of the functions of the board become, or have become, functions of a national board under the Health Practitioner Regulation National Law (ACT).
	(2)	The old board is taken to continue to exist under the Health Professionals Act 2004, as in force immediately before the commencement of this Act—
	(a)	for the purpose of preparing the old board’s annual report for the financial year ending before the commencement of this Act; and
	(b)	for the time it takes to prepare the annual report.
	(3)	This section expires 6 months after the day this Act commences.
14	Expiry—pt 3
This part expires 2 years after the day it commences.

Schedule 1	Modifications—Health Practitioner Regulation National Law
    
(see s 6)
[1.1]	New section 35A
insert
35A	National Board consideration of criminal history
	(1)	In making a decision under this Act that relates to an individual’s criminal history, a National Board must consider—
	(a)	the individual’s criminal record; and
	(b)	the inherent requirements of the profession, division or recognised specialty, for which the individual is seeking registration; and
	(c)	whether or not there is a high degree of direct connection between the individual’s criminal record and the inherent requirements of the profession, division or recognised specialty.
	(2)	If guidelines have been made by the National Board for this section, the board must also consider the guidelines when making the decision.
[1.2]	Section 150 (1)
omit everything before paragraph (a), substitute
	(1)	If a National Board receives a complaint, the board must, as soon as practicable after its receipt—
[1.3]	New section 150 (4A)
insert
	(4A)	The action that may be taken in relation to a notification or complaint, or part of a notification or complaint, from most serious to least serious, is as follows:
	(a)	deal with the notification or complaint, or part, under part 8, division 7 (Immediate action);
	(b)	refer the notification or complaint, or part, to the responsible tribunal under part 8, division 12 (Referring matter to responsible tribunals);
	(c)	refer the notification or complaint, or part, to the health complaints entity to be considered under the Human Rights Commission Act 2005;
	(d)	investigate the notification or complaint, or part, under part 8, division 8 (Investigations);
	(e)	deal with the notification or complaint, or part, as a professional standards matter under part 8, division 11 (Panels);
	(f)	deal with the notification or complaint, or part, as a health matter under part 8, division 11 (Panels);
	(g)	take action under part 8, division 10 (Action by National Board);
	(h)	decide to take no further action in relation to the notification, complaint, or part, in accordance with section 151 (When National Board may decide to take no further action).
[1.4]	Section 150 (5)
omit
If an investigation, conciliation or other action taken by a health complaints entity
substitute
If an investigation or other action taken by a health complaints entity, other than a conciliation,
[1.5]	New section 150 (5A)
insert
	(5A)	If a notification or complaint is referred to the health complaints entity for consideration under subsection (4A) (c), the health complaints entity must report the results of the consideration to the National Board as soon as practicable.
[1.6]	Section 151 (1)
omit
A National Board
substitute
Subject to section 150, a National Board
[1.7]	Section 152 (2)
substitute
	(2)	The notice must advise the registered health practitioner or student of—
	(a)	the nature of the notification; and
	(b)	the powers that the board might exercise in relation to the notification; and
	(c)	the procedural rights that the health practitioner or student has under this Act.
	(2A)	If a National Board approves a form for the notice, the notice must be in the approved form.
[1.8]	Section 160 (1)
omit
A National Board
substitute
Subject to section 150, a National Board
[1.9]	New section 166 (3)
insert
	(3)	The National Board to which the report is given must give a copy of the report to the health complaints entity as soon as practicable.
[1.10]	Section 167
omit everything before paragraph (a), substitute
167	Joint decision by National Board and health complaints entity
	(1)	The National Board must consider the investigator’s report jointly with the health complaints entity and attempt to reach agreement on how the matter that is the subject of the report is to be dealt with.
	(2)	After consideration under subsection (1), the National Board must decide—
[1.11]	New section 167 (3) and (4)
insert
	(3)	However, if the National Board and the health complaints entity are not able to reach agreement on how the matter is to be dealt with, the decision of the board under subsection (2) must be to take the most serious action proposed by either the board or the health complaints entity.
	(4)	The actions that may be taken in relation to the matter, from most serious to least serious, are the actions set out in section 150 (4A).
[1.12]	New section 172 (2) (ca) and (cb)
insert
	(ca)	the powers that the board might exercise in relation to the assessment; and
	(cb)	the procedural rights that the health practitioner or student has under this Act.
[1.13]	New section 172 (3)
insert
	(3)	If a National Board approves a form for the notice, the notice must be in the approved form.
[1.14]	Section 175
omit
The assessor must
substitute
	(1)	The assessor must
[1.15]	New section 175 (2)
insert
	(2)	If the report relates to a performance assessment, the National Board to which the report is given must give a copy of the report to the health complaints entity as soon as practicable.
[1.16]	Section 177
omit everything before paragraph (a), substitute
177	Joint decision by National Board and health complaints entity
	(1)	The National Board must consider the report and discussions held with the registered health practitioner or student under section 176 (3).
	(2)	If the assessor’s report relates to a performance assessment, the consideration must be joint consideration with the health complaints entity, and the National Board and health complaints entity must attempt to reach agreement on how the registered health practitioner or student is to be dealt with.
	(3)	After consideration, the National Board may decide to—
[1.17]	New section 177 (4) and (5)
insert
	(4)	If the report relates to a performance assessment and the National Board and the health complaints entity are not able to reach agreement on what to do in relation to the registered health practitioner or student, the decision of the board under subsection (3) must be to take the most serious action proposed by either the board or the health complaints entity.
	(5)	The actions that may be taken under subsection (4), from most serious to least serious, are the actions set out in section 150 (4A).
[1.18]	New section 178 (1A)
insert
	(1A)	This section also applies if—
	(a)	on jointly considering a notification, complaint or other matter, the health complaints entity is satisfied on reasonable grounds that the National Board should take action under subsection (2) (a), (b) or (c) in relation to a registered health practitioner or student registered by the board; and
	(b)	the action proposed by the health complaints entity to be taken by the board is more serious than any other action proposed by the board to be taken.
[1.19]	New section 178 (4)
insert
	(4)	If this section applies in relation to a registered health practitioner or student registered by the board because of subsection (1A), the National Board must—
	(a)	jointly consider with the health complaints entity the action to be taken under subsection (2) (a), (b) or (c); and
	(b)	take the action agreed after joint consideration.
[1.20]	New section 184 (3)
insert
	(3)	The panel must also give a copy of the notice to the health complaints entity as soon as practicable.
[1.21]	New section 185 (4)
insert
	(4)	A panel must have regard to evidence given by the health complaints entity under section 186A.
[1.22]	New section 186A
insert
186A	Role of health complaints entity
At a hearing of a panel, the health complaints entity may—
	(a)	be represented; and
	(b)	give evidence about the consideration of a complaint or other matter by the health complaints entity; and
	(c)	be present at the hearing even if not giving evidence.
[1.23]	New section 192 (3A)
insert
	(3A)	The National Board must also, within 30 days after the panel makes its decision, give the health complaints entity a copy of the notice given to the registered health practitioner or student.
[1.24]	Schedule 5, part 1, clause 2 (3)
substitute
	(3)	For subclauses (1) and (2), it is not a reasonable excuse for an individual to fail to give stated information, answer a question or produce a document only because giving the information, answering the question or producing the document might tend to incriminate the individual.
	(4)	However—
	(a)	the information, answer or document required to be given, answered or provided by the individual is not admissible in evidence against the individual in a criminal proceeding, other than a proceeding for—
	(i)	an offence against this schedule; or
	(ii)	an offence in relation to the falsity of the information, answer or document; and
	(b)	evidence that was discovered as a result of the information or answer, and that could not have been discovered but for the giving of the information or answering of the question, is not admissible against the individual in a criminal proceeding.
[1.25]	Schedule 6, part 1, clause 2 (3)
substitute
	(3)	For subclauses (1) and (2), it is not a reasonable excuse for an individual to fail to give stated information, answer a question or produce a document only because giving the information, answering the question or producing the document might tend to incriminate the individual.
	(4)	However—
	(a)	the information, answer or document required to be given, answered or provided by the individual is not admissible in evidence against the individual in a criminal proceeding, other than a proceeding for—
	(i)	an offence against this schedule; or
	(ii)	an offence in relation to the falsity of the information, answer or document; and
	(b)	evidence that was discovered as a result of the information or answer, and that could not have been discovered but for the giving of the information or answering of the question, is not admissible against the individual in a criminal proceeding.

Schedule 2	Consequential amendments
(see s 11)
    
Part 2.1	Administrative Decisions (Judicial Review) Act 1989
[2.1]	Schedule 1, new item 9A
insert
9A	Health Practitioner Regulation National Law (ACT)	·	any decision	
Part 2.2	Children and Young People Act 2008
[2.2]	Section 98
omit everything before subsection (2), substitute
98	Health practitioners and health professionals—non‑treating functions
	(1)	The chief executive may, orally or in writing, authorise a health practitioner (a non-treating health practitioner) or a health professional (a non-treating health professional) to exercise non‑treating functions under the criminal matters chapters.
[2.3]	Section 208 (2) (b)
substitute
	(b)	it allows monitoring of, and communication with, the young detainee by the chief executive, health practitioners and health professionals (other than non-treating health practitioners and non-treating health professionals).
[2.4]	Section 211 (2) (a)
substitute
	(a)	seek the advice of a health practitioner (other than a non‑treating health practitioner) about the action the chief executive should take under subsection (4); and
[2.5]	Section 530 (2), definitions of non-treating doctor, non‑treating health professional and non-treating nurse
substitute
non-treating doctor means a doctor authorised under section 632 (Health practitioners and health professionals—non-treating functions).
non-treating health practitioner means a health practitioner authorised under section 632 (Health practitioners and health professionals—non-treating functions).
non-treating health professional means a health professional authorised under section 632 (Health practitioners and health professionals—non-treating functions).
non-treating nurse means a nurse authorised under section 632 (Health practitioners and health professionals—non-treating functions).
[2.6]	Division 16.4.3
substitute
Division 16.4.3	Non-treating health practitioners and health professionals
632	Health practitioners and health professionals—non‑treating functions
	(1)	An operating entity for a therapeutic protection place may, orally or in writing, authorise a health practitioner (a non-treating health practitioner) or a health professional (a non-treating health professional) to exercise non-treating functions under this chapter for children and young people at the therapeutic protection place.
Note	Health practitioner includes a doctor and nurse registered under the Health Practitioner Regulation National Law (ACT).
	(2)	An operating entity must ensure, as far as practicable, that a child’s or young person’s treating health practitioner or health professional is not asked to exercise a function as a non-treating health practitioner or non-treating health professional under this chapter in relation to the child or young person.
	(3)	Subsection (2) does not apply if the operating entity believes on reasonable grounds that—
	(a)	there is an imminent and serious threat to the personal safety of the child or young person or someone else; and
	(b)	compliance with subsection (2) would exacerbate the threat.
	(4)	In this section:
treating health practitioner or health professional, in relation to a child or young person, means a health practitioner or health professional who has a professional relationship with the child or young person for the provision of health services.
[2.7]	Dictionary, note 2
insert
·	health practitioner
[2.8]	Dictionary, definition of health professional
substitute
health professional means a health professional registered under the Health Professionals Act 2004.
[2.9]	Dictionary, definition of health service
substitute
health service—
	(a)	means a service provided to someone (the service user) for any of the following purposes:
	(i)	assessing, recording, maintaining or improving the physical, mental or emotional health, comfort or wellbeing of the service user;
	(ii)	diagnosing or treating an illness, disability, disorder or condition of the service user; and
	(b)	includes a service provided by—
	(i)	a health practitioner in the practitioner’s capacity as a health practitioner; and
	(ii)	a health professional in the professional’s capacity as a health professional.
[2.10]	Dictionary, new definition of non-treating health practitioner
insert
non-treating health practitioner—
	(a)	for the criminal matters chapters—see section 98; and
	(b)	for chapter 16 (Care and protection—therapeutic protection of children and young people)—see section 530.
[2.11]	Dictionary, definition of paediatrician
substitute
paediatrician means a doctor who is registered under the Health Practitioner Regulation National Law (ACT) in the specialist area of paediatric medicine.
[2.12]	Dictionary, definition of psychiatrist
omit
[2.13]	Further amendments, mentions of health professional etc

column 1
item	column 2
provision	column 3
omit	column 4
substitute	
1	section 19 (2) (b)	health professional	health practitioner or health professional	
2	section 20 (2)	health professional	health practitioner or health professional	
3	section 109 (4) (a)	health professional	health practitioner or health professional	
4	section 137, definition of non-treating doctor	Health professionals	Health practitioners and health professionals	
5	section 161	health professional	health practitioner	
6	section 180 (2)	health professionals	health practitioners and health professionals	
7	section 180 (4) (b)	health professionals	health practitioners and health professionals	
8	section 180 (4) (d)	health professionals	health practitioners, health professionals	
9	Section 189	health professional	health practitioner	
10	section 193 (1), example 2	health professional	health practitioner or health professional	
11	section 235, definition of drug, paragraph (b) (i)	health professional	health practitioner	
12	section 246, definition of non-treating doctor	Health professionals	Health practitioners and health professionals	
13	section 344, example 1	health professionals	health practitioners	
14	section 438 (2), example 3	health professional	health practitioner or health professional	
15	section 573	health professional	health practitioner	
16	section 842 (2), example 1	health professional	health practitioner	
17	section 863 (1), example 4	health professional	health practitioner	
18	section 874 (2) (d)	health professional	health practitioner	
19	dictionary, definition of health care treatment	health professional	health practitioner or health professional	
Part 2.3	Civil Law (Wrongs) Act 2002
[2.14]	Section 84 (3)
substitute
	(3)	In this section:
health service—
	(a)	means a service provided to someone (the service user) for any of the following purposes:
	(i)	assessing, recording, maintaining or improving the physical, mental or emotional health, comfort or wellbeing of the service user;
	(ii)	diagnosing or treating an illness, disability, disorder or condition of the service user; and
	(b)	includes a service provided by a health practitioner in the practitioner’s capacity as a health practitioner.
Part 2.4	Corrections Management Act 2007
[2.15]	Section 22
omit everything before subsection (2), substitute
22	Health practitioners—non-therapeutic functions
	(1)	The chief executive must appoint a health practitioner to exercise non-therapeutic functions at each correctional centre.
Note	Health practitioner includes a doctor and nurse registered under the Health Practitioner Regulation National Law (ACT).
[2.16]	Section 65 (4), except note
substitute
	(4)	A blood sample under this section may only be taken by a health practitioner appointed under section 22 (Health practitioners—non‑therapeutic functions).
[2.17]	Section 140 (4)
omit everything before paragraph (a), substitute
	(4)	A health practitioner appointed under section 22 (Health practitioners—non-therapeutic functions) may administer a drug as a restraint, or direct the use of another form of restraint, if the health practitioner believes, on reasonable grounds, that is necessary and reasonable—
[2.18]	Dictionary, note 2
insert
·	health practitioner
[2.19]	Dictionary, definitions of health professional and health service
substitute
health service—
	(a)	means a service provided to someone (the service user) for any of the following purposes:
	(i)	assessing, recording, maintaining or improving the physical, mental or emotional health, comfort or wellbeing of the service user;
	(ii)	diagnosing or treating an illness, disability, disorder or condition of the service user; and
	(b)	includes a service provided by a health practitioner in the practitioner’s capacity as a health practitioner.
[2.20]	Further amendments, mentions of health professional etc

column 1
item	column 2
provision	column 3
omit	column 4
substitute	
1	section 23 (1) (c)	Health professionals	Health practitioners	
2	section 40 (3)	Health professionals	Health practitioners	
3	section 53	health professionals	health practitioners	
4	section 54 (4) (a)	health professional	health practitioner	
5	section 79 (5)	Health professionals	Health practitioners	
6	section 116	Health professionals	Health practitioners	
7	section 117 (1)	Health professionals	Health practitioners	
8	section 132, definition of drug, paragraph (b) (i)	health professional	health practitioner	
9	section 134	Health professionals	Health practitioners	
Part 2.5	Crimes Act 1900
[2.21]	Sections 315, 315A and 315D
omit
professional
substitute
practitioner
[2.22]	Dictionary, note 2
insert
·	health practitioner
Part 2.6	Crimes (Forensic Procedures) Act 2000
[2.23]	Sections 56 and 72
omit
health professional
substitute
health practitioner
[2.24]	Dictionary, note 2
insert
·	health practitioner
[2.25]	Dictionary, definition of corrections health professional
substitute
corrections health practitioner, for a correctional centre, means a health practitioner appointed under the Corrections Management Act 2007, section 22 (Health practitioners—non-therapeutic functions) for the centre.
[2.26]	Dictionary, definition of health professional
omit
Part 2.7	Health Act 1993
[2.27]	Section 2, note 1
substitute
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘health facility—see section 6.’ means that the term ‘health facility’ is defined in that section.
[2.28]	Section 6 (1), definition of health facility, paragraph (d)
omit
health professional’s
substitute
health practitioner’s
[2.29]	Section 7, definition of health service provider, paragraph (a)
omit
health professional
substitute
health practitioner
[2.30]	Sections 45 and 72
omit
health profession board
substitute
health board
[2.31]	Section 122, note
omit
health profession board
substitute
health board
[2.32]	New part 8A
insert
Part 8A	Offence—provision of health services by non-health practitioners
127	Provision of regulated health service by person not health practitioner
	(1)	A person commits an offence if—
	(a)	the person intentionally provides a regulated health service; and
	(b)	the person is not a health practitioner.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
Example—someone providing a regulated health service to someone in the ACT when not a health practitioner
A person (Dr W) provides a medical service by a video link from an island in the south Pacific to Mary Smith in the ACT.  Dr W advises Mary that she needs to have her tonsils removed.  Dr W is not a health practitioner. Dr W contravenes this subsection.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	This section does not apply to—
	(a)	a health service provided in an emergency; or
	(b)	the provision, by mail order, or over the internet or by other electronic means, of manufactured aids to rehabilitation or surgical prosthetics and orthotics; or
	(c)	a health service ordinarily provided in the ordinary course of business by people other than health practitioners.
Example—par (b)
dental restorative or corrective devices
	(3)	In this section:
regulated health service means a health service ordinarily provided by a health practitioner.
[2.33]	Part 9 heading
substitute
Part 9	Pharmacists and pharmacy premises
128	Meaning of community pharmacy—pt 9
In this part:
community pharmacy—see the Medicines, Poisons and Therapeutic Goods Act 2008, dictionary.
128A	Complying pharmacy corporation
A corporation is a complying pharmacy corporation if the corporation—
	(a)	has a constitution that provides that—
	(i)	the object of the corporation is to practise as a pharmacist; and
	(ii)	only an individual who is a pharmacist may be a director; and
	(iii)	a director cannot be a director of another incorporated pharmacist without the written consent of the board; and
	(iv)	all voting rights exercisable at a general meeting of the corporation are exercisable only by or on behalf of pharmacists who are directors or employees of the corporation; and
	(v)	a shareholder in the corporation must be either a pharmacist or a close relative of a shareholder; and
	(b)	has a constitution that ensures that each share in the corporation is beneficially owned by—
	(i)	a pharmacist who is a director or employee of the corporation; or
	(ii)	a close relative of a person mentioned in subparagraph (i); and
	(c)	for a corporation that is to practise pharmacy as a trustee—is only a party to a trust deed that relates to the corporation’s practice as a pharmacist if—
	(i)	the deed provides that all beneficiaries are to be pharmacists who are directors or employees of the corporation or close relatives of the pharmacists; and
	(ii)	the proposed trust deed has been approved in writing by the national board; and
	(d)	has a constitution that is appropriate to a corporation formed to practise as a pharmacist.
128B	Standard of premises
	(1)	To protect the public, premises where a pharmacist operates a community pharmacy must—
	(a)	be under the direct, personal control of a pharmacist; and
	(b)	have direct access, or through access, to the premises; and
	(c)	comply with standards approved under subsection (2).
	(2)	The Minister may approve standards about premises for community pharmacies for subsection (1) (c).
	(3)	An approved standard is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	A pharmacist must comply with any standard approved under this section.
	(5)	In this section:
through access, to premises, means access to the premises through the public area of a shopping centre, mall, plaza or health centre.
[2.34]	Section 129 (3), definition of community pharmacy
omit
[2.35]	Dictionary, note 2
insert
·	health practitioner
·	pharmacist
[2.36]	Dictionary, new definitions of community pharmacy and health board
insert
community pharmacy, for part 9 (Pharmacists and pharmacy premises)—see section 128.
health board means—
	(a)	a national board under the Health Practitioner Regulation National Law (ACT); or
	(b)	a health profession board under the Health Professionals Act 2004.
[2.37]	Dictionary, definitions of health profession board and health professional
omit
Part 2.8	Health Professionals Act 2004
[2.38]	Section 14 (1)
before
health profession
insert
regulated
[2.39]	Section 14 (2)
omit
[2.40]	Section 17 (2), example and note
omit
[2.41]	Section 18 (1), example
omit
doctor
substitute
health professional
[2.42]	Section 38 (2), examples and note
omit
[2.43]	Section 72 and example
omit
[2.44]	Section 81, new note 2
insert
Note 2	If a complaint is referred to a health profession board by the Human Rights Commission, the board is not required to send out a notice under this section because report does not include complaint in this division (see dict, def report).
[2.45]	Dictionary, definition of report
substitute
report means—
	(a)	a report under division 9.2; and
	(b)	except in division 9.2—includes a complaint made under the Human Rights Commission Act 2005 that is referred to a health profession board by the commission.
Part 2.9	Health Professionals Regulation 2004
[2.46]	Schedule 1
substitute
Schedule 1	Regulated professions
(see s 4)

column 1
item	column 2
health profession board	column 3
health profession	column 4
relevant schedule	
1	ACT Dental Technicians Board	dental technicians	8	
2	ACT Veterinary Surgeons Board	veterinary surgeons	12	
3	ACT Medical Radiation Scientists Board	medical radiation scientists	15	
[2.47]	Schedules 2 to 7
omit
[2.48]	Schedule 8
substitute
Schedule 8	Dental technicians
(see s 4 and sch 1)
Note	The Act and regulation contain other provisions that apply to applications and the regulation of the profession under this schedule, for example:
·	under the Act, s 37 (1) (b), an applicant who is an individual must have a knowledge of written and spoken English that is adequate to allow the person to practise;
·	under the Act, s 37 (1) (c), if an applicant is a corporation, each individual who will be providing health services on behalf of the corporation must have knowledge of written and spoken English that is adequate to allow the individual to practise in the profession on behalf of the corporation; 
·	under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act; 
·	under s 112, certain matters must be included in an application for registration; 
·	under s 115, a health profession board, in deciding whether a person is generally competent in relation to a health profession, must consider:
	(a)	whether the person is mentally and physically well enough to practise; 
	(b)	whether the person has communication skills that allow the person to practise effectively without endangering patients; 
	(c)	whether the person has an addiction to a substance (whether alcohol, a medicine, a prohibited substance or another substance) that may affect the person’s ability to practise; 
	(d)	whether the person has been convicted or found guilty of an offence that indicates that the person may not be competent to practise; 
	(e)	whether the person’s experience is recent and sufficient to allow the person to practise.
8.1	Definitions—sch 8
In this schedule:
board means the ACT Dental Technicians Board.
dental prosthetic appliance includes the following:
	(a)	flexible, removable mouthguards for use by people engaged in sporting activities; 
	(b)	removable full and partial dentures; 
	(c)	immediate dentures; 
	(d)	removable implant-retained overdentures;
	(e)	removable treatment dentures over healing caps;
	(f)	restorative or corrective dental appliances.
dental technical work involves making, altering, repairing or maintaining dental prosthetic appliances under a prescription from a dentist or dental prosthetist.
Example—dental technical work
shade-taking for dental prosthetic appliances
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
dental technician means a person who is registered as a dental technician under this schedule.
dentist means an individual registered under the Health Practitioner Regulation National Law (ACT) to practise the health profession of dentist (other than as a student).
regulatory authority means an authority established under a corresponding law of a local jurisdiction or a place outside Australia to regulate the dental technician professions in the jurisdiction or place.
Note	A local jurisdiction is a State or New Zealand (see Act, dict).
8.2	General area of operation of dental technician profession—Act, s 22 (1) (a)
	(1)	The practice of a dental technician involves the performance of dental technical work.
	(2)	The practice of a dental technician also includes the following:
	(a)	giving advice about dental technical issues to other dental professionals; 
	(b)	conducting dental technical research; 
	(c)	educating and training people in the dental technical profession.
	(3)	To remove any doubt, a person also practises as a dental technician if the person does dental technical work as part of a business.
8.3	Qualifications as suitability to practise as individual dental technician—Act, s 23 (a)
	(1)	To practise as a dental technician, an individual—
	(a)	must be a graduate of a course of education in dental technical work offered in the ACT or a local jurisdiction that is accredited by CORA or approved by the board or the regulatory authority of a local jurisdiction; or
Note	Under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act.
	(b)	must have—
	(i)	completed a course of education or training in dental technical work outside Australia that is accredited by CORA or approved by the board or the regulatory authority of a local jurisdiction; and
	(ii)	passed an examination in dental technical work that is accredited by CORA or approved by the board or the regulatory authority of a local jurisdiction.
	(2)	In this section:
CORA means the Council of Regulating Authorities for Dental Technicians and Dental Prosthetists.
8.4	Qualifications as suitability to practise as corporate dental technician—Act, s 23 (a)
To practise as a dental technician, a corporation must—
	(a)	have the board’s written approval to carry on business as a dental technician; and 
	(b)	have a constitution that provides that—
	(i)	the corporation may carry on business as a dental technician; and
	(ii)	the chair of the corporation must be a dental technician; and
	(iii)	if there are more than 2 directors—a majority of the directors must be dental technicians; and
	(iv)	at least 50% of shares in the corporation must be held by 1 or more dental technicians; and
	(v)	the chair of the corporation has the casting vote in relation to resolutions to be voted on at a general meeting of the corporation.
8.5	Maintenance and demonstration of professional development, continued competence and recency of practice for dental technicians—Act, s 23 (d)
	(1)	To demonstrate adequate professional development at the time of application for registration as an individual dental technician, the applicant must, if required by the board, give the board written evidence that—
	(a)	the applicant attended and satisfactorily completed a training program approved by the board; or
	(b)	the applicant has undertaken professional development activities; or
	(c)	otherwise demonstrates professional development the board considers adequate.
	(2)	To demonstrate continuing competence at the time of application for registration as a dental technician, the applicant must, if required by the board, give the board written evidence of the applicant’s competence assessed against the board’s standards statement.
	(3)	To demonstrate recency of practice at the time of application for registration as a dental technician, the applicant must, if required by the board, give the board written evidence—
	(a)	that the applicant has practised as a dental technician within the 5 years before the day the application is made; or
	(b)	that the applicant attended and satisfactorily completed a training course approved by the board; or
	(c)	that otherwise demonstrates recency of practice the board considers adequate.
	(4)	In this section:
professional development activity—an activity is a professional development activity if it complies with a standard about professional development for dental technicians developed or endorsed under section 131.
Note 1	Register, a person, includes renew the person’s registration (see Act, dict).
Note 2	For application requirements, see s 112.
8.6	Board membership—Act, s 24
The board is made up of—
	(a)	the president; and
	(b)	6 appointed members, 1 of whom is a community representative.
8.7	Dental technicians—required insurance policy—Act, s 37 (1) (d)
	(1)	A dental technician must maintain a policy of product liability insurance at a level approved by the board.
	(2)	However, subsection (1) does not apply to a dental technician if the dental technician—
	(a)	is covered by product liability insurance (the other insurance) other than insurance maintained by the dental technician; and
	(b)	only practises as a dental technician while covered by the other insurance.
8.8	Conditional registration of dental technicians with unapproved qualifications—Act, s 37 (5) (b)
	(1)	The board may register an individual as a dental technician if satisfied that the individual—
	(a)	is a graduate of a course of education or training in dental technical work that is not approved under section 8.3 (1) (Qualifications as suitability to practise as individual dental technician—Act, s 23 (a)); and
	(b)	needs to be registered to do 1 or both of the following:
	(i)	undertake further education or training approved by the board to achieve the standard required of dental technicians in the ACT;
	(ii)	undergo a period of practice as a dental technician under the supervision of a dental technician to allow the individual to become registered in the ACT.
	(2)	Registration in accordance with this section is subject to the condition that the individual only practises dental technical work—
	(a)	under the supervision of a dental technician whose registration entitles the dental technician to practise dental technical work without supervision; and
	(b)	if the individual needs to undertake further education—as part of the education.
	(3)	The board may impose any other condition on the registration of the individual that it considers appropriate.
8.9	Conditional registration for dental technicians who want to teach etc—Act, s 37 (5) (b)
	(1)	This section applies if—
	(a)	an individual has applied for registration as a dental technician; and 
	(b)	the individual needs to be registered to take up a teaching or research position.
	(2)	The board may register the individual if—
	(a)	the board is satisfied that the individual has qualifications the board considers appropriate for the position the individual intends to take up; and
	(b)	the individual provides a letter of offer from the individual’s prospective employer stating the conditions of employment and giving the name of the individual’s proposed supervisor.
	(3)	The board may impose any condition on the registration of the individual that it considers appropriate.
8.10	Conditional registration for non-practising dental technicians—Act, s 37 (5) (b)
	(1)	This section applies if—
	(a)	a person has applied for registration as a dental technician; and
	(b)	the board is satisfied that the person does not intend to practise as a dental technician, whether or not because the person is retired.
	(2)	The board may register the person on condition that the person must not practise as a dental technician.
8.11	Conditional registration not limited
This schedule does not limit when a dental technician may be conditionally registered or the conditions that may be imposed on registration.
8.12	Registration end date—s 120 (b) (i) and s 121 (c)
The registration end date for a certificate of registration is 1 September following registration.
[2.49]	Schedules 9 to 11
omit
[2.50]	Schedules 13 and 14
omit
[2.51]	Dictionary
omit the definitions of
Australian Medical Council
chiropractor
close relative
community pharmacy
competency standards
dental care provider
dental hygienist
dental procedure
dental therapist
dentist
dentist procedure
enrolled nurse
general dental procedure
medical board
medical practitioner
midwife
nurse
nurse practitioner
nursing and midwifery regulatory authority
optometrist
optometrist restricted medicines authority
osteopath
pharmacist
pharmacy
physiotherapist
podiatric surgeon
podiatrist
psychologist
re-entry course
refresher course
register
registered nurse
under the supervision of a dentist
Part 2.10	Health Professionals (Special Events Exemptions) Act 2000
[2.52]	Section 11 (1)
after
Health Professionals Act 2004,
insert
the Health Practitioner Regulation National Law (ACT),
[2.53]	Section 12 (1) and (2)
after
Health Professionals Act 2004
insert
, the Health Practitioner Regulation National Law (ACT)
Part 2.11	Health Records (Privacy and Access) Act 1997
[2.54]	Section 16D (4) (b)
substitute
	(b)	if the nominated health service provider is registered with the registration board established for the medical profession (other than as a student) and has the ability to understand and interpret the health record; or
[2.55]	Schedule 1, principle 4.1, example and note
omit
[2.56]	Dictionary, definition of registration board
substitute
registration board means—
	(a)	a national board under the Health Practitioner Regulation National Law (ACT); or
	(b)	a health profession board under the Health Professionals Act 2004.
Part 2.12	Human Rights Commission Act 2005
[2.57]	Section 7 (3)
after
health professional
insert
or health practitioner
[2.58]	Section 14 (1), note
insert
·	Health Practitioner Regulation National Law (ACT)
[2.59]	Section 25 (1) (b), new note
insert
Note	See, for example, the Health Practitioner Regulation National Law (ACT), s 150 (Relationship with health complaints entity).
[2.60]	Section 39 (1) (b) (iv)
before
Health Professionals Act 2004
insert
Health Practitioner Regulation National Law (ACT) or
[2.61]	Section 39, new note
substitute
Note	If the health services commissioner receives a complaint about a health practitioner, the commissioner must tell the national board for the practitioner’s health profession about the complaint.  The national board and commissioner must try to reach agreement about how the complaint is to be dealt with (see Health Practitioner Regulation National Law (ACT), s 150).
[2.62]	Section 45 (3) (a) (iii)
substitute
	(iii)	is to be referred to another statutory officer-holder or dealt with by a national board under the Health Practitioner Regulation National Law (ACT); or
[2.63]	Section 47, new note
insert
Note	If the health services commissioner receives a complaint about a health practitioner, the commissioner must tell the national board for the practitioner’s health profession about the complaint.  The national board and commissioner must try to reach agreement about how the complaint is to be dealt with (see Health Practitioner Regulation National Law (ACT), s 150).
[2.64]	Section 78 (1) (e)
substitute
	(e)	the complaint has been referred to a national board under the Health Practitioner Regulation National Law (ACT) or to a health profession board; or
[2.65]	New section 80 (1) (c)
before the notes, insert
	(c)	if the complaint was referred to the commission by a national board under the Health Practitioner Regulation National Law (ACT)—to the national board.
[2.66]	Section 92 (1)
substitute
	(1)	This section applies if—
	(a)	the commission receives a complaint about a registered health professional; or
	(b)	as part of a complaint about a health service, the commission considers a registered health professional’s behaviour.
[2.67]	Section 95 (2)
after
this Act
insert
and the Health Practitioner Regulation National Law (ACT)
[2.68]	Dictionary, note 2
insert
·	health practitioner
Part 2.13	Legislation Act 2001
[2.69]	Dictionary, part 1, definition of dental prosthetist
substitute
dental prosthetist—
	(a)	means a person registered under the Health Practitioner Regulation National Law (ACT) to practise the health profession of dental prosthetist (other than as a student); and
	(b)	for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.
[2.70]	Dictionary, part 1, definition of dentist
substitute
dentist—
	(a)	means a person registered under the Health Practitioner Regulation National Law (ACT) to practise the health profession of dentist (other than as a student); and
	(b)	for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.
[2.71]	Dictionary, part 1, definition of doctor
substitute
doctor—
	(a)	means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the medical profession (other than as a student); and
	(b)	for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.
[2.72]	Dictionary, definition of enrolled nurse
substitute
enrolled nurse—
	(a)	means a person registered under the Health Practitioner Regulation National Law (ACT)—
	(i)	to practise in the nursing and midwifery profession (other than as a student); and
	(ii)	in the enrolled nurses (division 2) division; and
	(b)	for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.
[2.73]	Dictionary, part 1, new definitions
insert
health practitioner means a person registered under the Health Practitioner Regulation National Law (ACT) to practise a health profession (other than as a student).
Health Practitioner Regulation National Law (ACT) means the provisions applying because of the Health Practitioner Regulation National Law (ACT) Act 2009, section 6 (Application of Health Practitioner Regulation National Law).
[2.74]	Dictionary, part 1, definition of midwife
substitute
midwife—
	(a)	means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the nursing and midwifery profession as a midwife (other than as a student); and
	(b)	for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.
[2.75]	Dictionary, part 1, definition of nurse and note
substitute
nurse—
	(a)	means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the nursing and midwifery profession as a nurse (other than as a student); and
	(b)	for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration; and
	(c)	does not include an enrolled nurse.
[2.76]	Dictionary, part 1, definition of nurse practitioner and note
substitute
nurse practitioner—
	(a)	means a person whose registration as a registered health practitioner under the Health Practitioner Regulation National Law (ACT) is endorsed as being qualified to practise as a nurse practitioner; and
	(b)	for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.
[2.77]	Dictionary, part 1, definition of optometrist
substitute
optometrist—
	(a)	means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the optometry profession (other than as a student); and
	(b)	for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.
[2.78]	Dictionary, part 1, definition of pharmacist
substitute
pharmacist—
	(a)	means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the pharmacy profession (other than as a student); and
	(b)	for an activity, includes a person mentioned in paragraph (a) holding limited or provisional registration, to the extent that the person is allowed to do the activity under the person’s registration.
Part 2.14	Medicines, Poisons and Therapeutic Goods Act 2008
[2.79]	Section 6 (3)
after
health professionals
insert
or health practitioners
[2.80]	Section 7 (1)
after
health professional
insert
or a health practitioner
[2.81]	Section 138 (2), except note
substitute
	(2)	To remove any doubt, this part does not limit the power of anyone exercising a function under this Act to—
	(a)	make a notification under the Health Practitioner Regulation National Law (ACT) about a health practitioner; or
	(b)	make a report under the Health Professionals Act 2004, part 9.2 about a health professional.
[2.82]	New sections 149 (2) (c) and 152 (3) (c)
insert
	(c)	if the relevant person is a health practitioner—the relevant national board for the person under the Health Practitioner Regulation National Law (ACT).
[2.83]	Section 195 (4) (f)
substitute
	(f)	to a national board under the Health Practitioner Regulation National Law (ACT) or a health profession board under the Health Professionals Act 2004; or
[2.84]	Dictionary, note 2
insert
·	health practitioner
Part 2.15	Medicines, Poisons and Therapeutic Goods Regulation 2008
[2.85]	Section 10 (4), example 1
substitute
1	a health practitioner’s authorisation is subject to any condition or restriction to which the health practitioner is subject to under the Health Practitioner Regulation National Law (ACT) (see s 20)
[2.86]	Part 2.2
substitute
Part 2.2	Relationship with registration laws
20	Medicines authorisations subject to Health Practitioner Regulation National Law (ACT) restrictions
	(1)	A health practitioner’s authorisation under the Act to deal with a medicine is subject to any condition or other restriction to which the health practitioner is subject under the Health Practitioner Regulation National Law (ACT).
Example
Section 31 places conditions on the prescribing of medicines by a health practitioner authorised to prescribe the medicines.  If a particular health practitioner’s registration under the Health Practitioner Regulation National Law (ACT) is subject to the condition or restriction that the person may not prescribe certain medicines, the health practitioner’s authorisation under the Medicines, Poisons and Therapeutic Goods Act 2008 to prescribe medicines is also subject to that condition or restriction.
Note 1	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Note 2	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	A health professional’s authorisation under the Act to deal with a medicine is subject to any condition or other restriction to which the health professional is subject under the Health Professionals Act 2004.
21	Medicines authorisations subject to Health Professionals Act restrictions
A health professional’s authorisation under the Act to deal with a medicine is subject to any condition or other restriction to which the health professional is subject under the Health Professionals Act 2004.
[2.87]	New section 110 (2)
before the note, insert
	(2)	However, a pharmacist is not authorised under schedule 1 to supply a medicine if—
	(a)	the pharmacist is working for, or providing services to, a corporation when supplying the medicine; and
	(b)	the corporation is not—
	(i)	a pharmacist; or
	(ii)	a complying pharmacy corporation under the Health Act 1993, part 9 (Pharmacists and pharmacy premises).
[2.88]	Section 121 (3), definition of authorised prescriber
substitute
authorised prescriber, in relation to a prescription, means—
	(a)	for a medicine other than a controlled medicine—a person who is authorised to issue the prescription under the Act or another territory law; and
	(b)	for a controlled medicine—a person who is authorised to issue the prescription under part 13.1 (Controlled medicines approvals).
[2.89]	Section 121, note 1
omit
[2.90]	Section 400 (1)
omit everything before paragraph (a), substitute
	(1)	This section applies to an adult (the delivery person), other than a health practitioner, or health professional, at an institution, who is—
[2.91]	Section 400 (1), note
substitute
Note	For health practitioners and health professionals at institutions, see sch 1, pt 1.4.
[2.92]	Section 400, example 1
substitute
1	a hospital employee who is not a health practitioner or health professional
[2.93]	Section 500 (1) and (2)
substitute
	(1)	In this section:
health practitioner does not include—
	(a)	a pharmacist, or intern pharmacist, at a hospital; or
	(b)	a prescriber who supplies a medicine during a consultation.
health professional does not include a prescriber who supplies a medicine during a consultation.
supply does not include dispense.
	(2)	A health practitioner, health professional or employee acting under the direction of a health practitioner or professional, must supply a pharmacy medicine or pharmacist only medicine in a whole manufacturer’s pack of the medicine.
[2.94]	Schedule 1, part 1.4
substitute
Part 1.4	Health practitioners and health professionals at institutions 

column 1
item	column 2
person authorised	column 3
authorisation	
1	health practitioner or health professional employed at institution	within the scope of employment, do any of the following for the delivery of medicines within the institution to a health practitioner or health professional authorised to obtain the medicines:
	(a)	obtain the medicines; 
	(b)	possess the medicines; 
	(c)	supply the medicines.	
[2.95]	Schedule 1, part 1.8, item 1, column 3, paragraph (b)
omit
under Health Professionals Regulation 2004, sch 11
substitute
issued by Optometry Board of Australia
[2.96]	Schedule 2, part 2.2, item 5, column 3
omit everything after
shared care model
substitute
endorsed by the Optometry Board of Australia
[2.97]	Dictionary, note 2
insert
·	enrolled nurse
[2.98]	Dictionary, note 3
insert
·	health practitioner
[2.99]	Dictionary, definition of enrolled nurse (medications)
substitute
enrolled nurse (medications) means an enrolled nurse whose registration is endorsed under the Health Practitioner Regulation National Law (ACT), section 94 (Endorsement for scheduled medicines).
[2.100]	Dictionary, definition of health profession
substitute
health profession means—
	(a)	a health profession under the Health Practitioner Regulation National Law (ACT), section 5 (Definitions); and
	(b)	includes a health profession under the Health Professionals Act 2004, dictionary.
[2.101]	Dictionary, definition of intern
substitute
intern, in relation to a doctor or pharmacist, means—
	(a)	for a doctor—a person holding limited or provisional registration to practise in the medical profession under the Health Practitioner Regulation National Law (ACT), for the purpose of undertaking a period of supervised practice that the person has started; and
	(b)	for a pharmacist—a person holding limited or provisional registration to practise in the pharmacy profession under the Health Practitioner Regulation National Law (ACT), for the purpose of undertaking a period of supervised practice or course of training, or both, to allow the person to be registered to practice without supervision.
[2.102]	Dictionary, definitions of specialist and specialist area
substitute
specialist means—
	(a)	a person holding specialist registration to practise in the medical profession under the Health Practitioner Regulation National Law (ACT); or
	(b)	a person holding limited or provisional registration to practise in the medical profession under the Health Practitioner Regulation National Law (ACT), for the purpose of undertaking a period of supervised practice under the supervision of a person mentioned in paragraph (a), the successful completion of which means that the person is eligible for specialist registration under that Law.
specialist area, for a health profession, means—
	(a)	a recognised speciality under the Health Practitioner Regulation National Law (ACT); or
	(b)	a specialist area under the Health Professionals Regulation 2004.
[2.103]	Dictionary, definition of trainee, except examples and notes
substitute
trainee, in relation to a health practitioner (other than a doctor or pharmacist) means a person holding limited or provisional registration to practise in a health profession under the Health Practitioner Regulation National Law (ACT), for the purpose of undertaking a period of supervised practice or course of training, or both, to allow the person to be registered to practice without supervision.
[2.104]	Further amendments, mentions of health professional etc

column 1
item	column 2
provision	column 3
omit	column 4
substitute	
1	part 14.3, note	health professional	health practitioner or health professional	
2	schedule 1, parts 1.2 and 1.3	health professional	health practitioner	
3	schedule 1, part 1.5 and 1.6	health professional	health practitioner	
4	schedule 1, part 1.7, item 1, column 3	health professionals	health practitioners	
5	schedule 1, part 1.7, item 2, column 3	health professional	health practitioner	
6	schedule 1, part 1.11	health professional	health practitioner	
Part 2.16	Mental Health (Treatment and Care) Act 1994
[2.105]	Section 119 (2)
omit
mental health nurse
substitute
nurse
[2.106]	Section 119 (3), new definition of occupational therapist
insert
occupational therapist means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the occupational therapy profession (other than as a student).
(commencement: 1 July 2012)
[2.107]	Dictionary, note 2
insert
·	nurse
[2.108]	Dictionary, definition of mental health nurse and note
omit
[2.109]	Dictionary, definition of psychiatrist
substitute
psychiatrist means a doctor who is registered under the Health Practitioner Regulation National Law (ACT) in the specialist area of psychiatry.
Part 2.17	Public Health Act 1997
[2.110]	Section 102 (4) and (5)
substitute
	(4)	If a doctor or authorised nurse practitioner fails to comply with subsection (1) in relation to a patient—
	(a)	the failure is taken to be unprofessional conduct for the Health Practitioner Regulation National Law (ACT); and
	(b)	the patient may make a voluntary notification about the failure to the national agency under the Health Practitioner Regulation National Law (ACT).
[2.111]	Dictionary, definition of counsellor, paragraph (a)
substitute
	(a)	a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the psychology profession (other than as a student); or
Part 2.18	Radiation Protection Act 2006
[2.112]	Section 68 (2) (b)
substitute
	(b)	1 member who is a doctor registered under the Health Practitioner Regulation National Law (ACT) in the specialist area of radiology; and
[2.113]	Section 115 (4) (c)
substitute
	(c)	to—
	(i)	a national board under the Health Practitioner Regulation National Law (ACT); or
	(ii)	a health profession board under the Health Professionals Act 2004; or
Part 2.19	Transplantation and Anatomy Act 1978
[2.114]	Section 24 (2) (a) (iii)
substitute
	(iii)	to a nurse or enrolled nurse employed at that hospital; and
[2.115]	Section 25 (1) (a) (iii)
substitute
	(iii)	a nurse or enrolled nurse employed at that hospital; and
[2.116]	Dictionary, note 2
insert
·	doctor
·	enrolled nurse
[2.117]	Dictionary, definitions of enrolled nurse, medical practitioner and registered nurse
omit
[2.118]	Further amendments, mentions of medical practitioner etc

column 1
item	column 2
provision	column 3
omit	column 4
substitute	
1	section 5 (1)	medical practitioner	doctor	
2	section 5 (2)	medical practitioners	doctors	
3	section 10	medical practitioner	doctor	
4	section 13 (2)	medical practitioner	doctor	
5	sections 14 to 19	medical practitioner	doctor	
6	section 21	medical practitioner	doctor	
7	sections 23 to 25	medical practitioner	doctor	
8	section 29 (1) (b)	medical practitioner	doctor	
9	section 30 (1) 	medical practitioners	doctors	
10	sections 30 and 31	medical practitioner	doctor	
11	sections 34 and 35	medical practitioner	doctor	
12	section 40 (1) (b)	medical practitioner	doctor	
13	section 44 (2)	medical practitioner	doctor	
14	section 46	medical practitioner	doctor	
15	section 49	medical practitioner	doctor	
Part 2.20	Victims of Crime (Financial Assistance) Act 1983
[2.119]	Section 30 (1)
substitute
	(1)	If the Territory is a party to an application by a primary victim or a person responsible for the maintenance of a primary victim, it may require the primary victim to undergo examination by a health practitioner chosen by the victim from a list of health practitioners approved by the Minister as having suitable expertise for examining and treating injuries of the type allegedly suffered by the victim.
[2.120]	Dictionary, note 2
insert
·	health practitioner
[2.121]	Dictionary, definition of health professional
omit
Part 2.21	Victims of Crime Regulation 2000
[2.122]	Sections 8 (1) (e) and 11 (2) (b)
omit
health professions member
substitute
health practitioner member
[2.123]	Section 41 (b)
substitute
	(b)	if the service to be provided is a health practitioners service—the person is an appropriately qualified health practitioner; and
[2.124]	Section 43 (d)
substitute
	(d)	for an approved service provider who provides a health practitioners service—the provider has ceased to be registered as a health practitioner.
[2.125]	Dictionary, note 2
insert
·	health practitioner
[2.126]	Dictionary, definitions of health professional, health professions member and health professions service
substitute
health practitioner member—see section 8 (1) (e) (Appointed members of board).
health practitioners service—
	(a)	means a health service ordinarily provided by a health practitioner; but
	(b)	does not include a health service ordinarily provided in the ordinary course of business by people other than health practitioners.
[2.127]	Dictionary, definition of psychologist
substitute
psychologist means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the psychology profession (other than as a student).
Part 2.22	Workers Compensation Act 1951
[2.128]	Dictionary, definition of chiropractor
substitute
chiropractor means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the chiropractic profession (other than as a student).
[2.129]	Dictionary, definition of osteopath
substitute
osteopath means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the osteopathy profession (other than as a student).
[2.130]	Dictionary, definition of physiotherapist
substitute
physiotherapist means a person registered under the Health Practitioner Regulation National Law (ACT) to practise in the physiotherapy profession (other than as a student).
Part 2.23	Workers Compensation Regulation 2002
[2.131]	New section 22 (2A) and (2B)
before the table , insert
	(2A)	However, before 1 July 2012, a person is qualified to provide occupational therapy only if the person is eligible for membership of the Australian Association of Occupational Therapists.
	(2B)	Subsection (2A) and this subsection expire on 1 July 2010.
[2.132]	Table 22, item 1, column 3
substitute
registration in the health profession of occupational therapy under the Health Practitioner Regulation National Law (ACT)
[2.133]	Table 22, item 2, column 3
substitute
registration in the health profession of physiotherapy under the Health Practitioner Regulation National Law (ACT)
[2.134]	Table 22, item 4, column 3
substitute
registration in the health profession of psychology under the Health Practitioner Regulation National Law (ACT)

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACAT
·	Magistrates Court
·	Minister
·	pharmacist
·	territory law.
Health Practitioner Regulation National Law (ACT) means the provisions applying in this jurisdiction because of section 6.
Qld Act means the Health Practitioner Regulation National Law Act 2009 (Qld).

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2009.
2	Notification
	Notified under the Legislation Act on	2009.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2009