Health Service Establishments Amendment Regulations 2019
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Health Service Establishments Act 2006 .
27 August 2019C. WARNER
Governor
By Her Excellency's Command,
S. COURTNEY
Minister for Health
These regulations may be cited as the Health Service Establishments Amendment Regulations 2019 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Health Service Establishments Regulations 2011 are referred to as the Principal Regulations.
4. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is amended as follows:(a) by inserting the following definition after the definition of child in subregulation (1) :Commission means the Australian Commission on Safety and Quality in Health Care established by section 8 of the National Health Reform Act 2011 of the Commonwealth;(b) by omitting from subregulation (2)(f) "Australian Commission on Safety and Quality in Healthcare" and substituting "Commission";(c) by omitting from subregulation (2)(g) "Australian Commission on Safety and Quality in Healthcare" and substituting "Commission".
5. Schedule 1 amended (General Licensing Standards for Private Hospitals and Day-procedure Centres)
Schedule 1 to the Principal Regulations is amended as follows:(a) by omitting paragraph (a) from clause 2(1) of Part 2 and substituting the following paragraph:(a) the private hospital or day-procedure centre is granted accreditation by an approved industry body –(i) if the private hospital or day-procedure centre is established before the commencement of the Health Service Establishments Amendment Regulations 2019 , within 2 years after it commences its functions; or(ii) subject to subparagraph (iii), if the private hospital or day-procedure centre is established on or after the commencement of the Health Service Establishments Amendment Regulations 2019 , within 18 months after it commences its functions; or(iii) despite subparagraph (ii), if –within the time period so specified in the advisory; and(A) the private hospital or day-procedure centre is established on or after the commencement of the Health Service Establishments Amendment Regulations 2019 ; and(B) an advisory issued by the Commission in respect of accreditation applies to the private hospital or day-procedure centre and specifies a time period within which the hospital or centre is to be granted accreditation –(b) by omitting subclause (2) from clause 2 of Part 2 ;(c) by omitting from clause 2(4) of Part 2 "centre), or no exemption from the Secretary is in force," and substituting "centre),";(d) by omitting from clause 3 of Part 2 "National Standard for Credentialing and Defining the Scope of Clinical Practice" and substituting "Standard for Credentialling and Defining the Scope of Clinical Practice: A National Standard for credentialling and defining the scope of clinical practice of medical practitioners, for use in public and private hospitals";(e) by inserting in clause 3 of Part 2 ", as amended or substituted by the Commission" after "Care";(f) by omitting from clause 7(4) of Part 2 "National Standard for Credentialing and Defining the Scope of Clinical Practice" and substituting "Standard for Credentialling and Defining the Scope of Clinical Practice: A National Standard for credentialling and defining the scope of clinical practice of medical practitioners, for use in public and private hospitals";(g) by inserting in clause 7(4) of Part 2 ", as amended or substituted by the Commission" after "Care";(h) by omitting from clause 8(1) of Part 2 "National Safety and Quality Healthcare Standard on Governance for Safety and Quality in Health Service Organisations" and substituting "National Model Clinical Governance Framework";(i) by omitting from clause 8(1) of Part 2 "Australian Council on Safety and Quality in Healthcare" and substituting "Commission";(j) by omitting from clause 9(1) of Part 2 "National Statement on Ethical Conduct in Research Involving Humans" and substituting "National Statement on Ethical Conduct in Human Research";(k) by omitting paragraph (a) from clause 10 of Part 2 and substituting the following paragraph:(a) the Specifications for a Standard Patient Identification Band as published by the Commission; and(l) by omitting from clause 5(2) of Part 4 "Australian Commission on Safety and Quality in Healthcare" and substituting "Commission";(m) by omitting from clause 8(2) of Part 4 "Australian Commission on Safety and Quality in Healthcare" and substituting "Commission";(n) by omitting from clause 10(1)(d) of Part 4 "Australian Commission on Safety and Quality in Healthcare" and substituting "Commission".
6. Schedule 2 amended (Additional Licensing Standards for Particular Classes of Private Hospitals)
Part 1 of Schedule 2 to the Principal Regulations is amended as follows:(a) by omitting from clause 3 "Guidelines on the Assistant for the Anaesthetist" and substituting "Statementon the Assistant for the Anaesthetist";(b) by omitting from clause 5(1)(e) "Recommendations on Monitoring During Anaesthesia" and substituting "Guidelines on Monitoring During Anaesthesia";(c) by omitting from clause 5(1)(f) "Recommendations for the Post-Anaesthesia Recovery Room" and substituting "Statement on the Post-Anaesthesia Care Unit".
7. Schedule 3 amended (Additional Licensing Standards for Private Hospitals authorised to provide Specialised Services)
Schedule 3 to the Principal Regulations is amended by omitting "Joint Faculty of Intensive Care Medicine" from clause 3 of Part 3 and substituting "College of Intensive Care Medicine of Australia and New Zealand".
8. Schedule 4 amended (Additional Licensing Standards for Particular Classes of Day-Procedure Centres)
Schedule 4 to the Principal Regulations is amended as follows:(a) by omitting from clause 3 of Part 1 "Guidelines on the Assistant for the Anaesthetist" and substituting "Statementon the Assistant for the Anaesthetist";(b) by omitting from clause 4(1)(c) of Part 1 "Recommendations on Monitoring During Anaesthesia" and substituting "Guidelines on Monitoring During Anaesthesia";(c) by omitting from clause 4(1)(d) of Part 1 "Recommendations for the Post-Anaesthesia Recovery Room" and substituting "Statement on the Post-Anaesthesia Care Unit";(d) by omitting from clause 1(1)(e) of Part 2 "Recommendations on Monitoring During Anaesthesia" and substituting "Guidelines on Monitoring During Anaesthesia";(e) by omitting from clause 1(1)(f) of Part 2 "Recommendations for the Post-Anaesthesia Recovery Room" and substituting "Statement on the Post-Anaesthesia Care Unit";(f) by omitting from clause 1(2) of Part 2 "Recommendations for the Perioperative Care of Patients Selected for Day Care Surgery" and substituting "Guidelines for the Perioperative Care of Patients Selected for Day Care Surgery";(g) by omitting from clause 3 of Part 2 "Guidelines on the Assistant for the Anaesthetist" and substituting "Statementon the Assistant for the Anaesthetist";(h) by omitting from clause 1(e) of Part 3 "Recommendations on Monitoring During Anaesthesia" and substituting "Guidelines on Monitoring During Anaesthesia";(i) by omitting from clause 1(f) of Part 3 "Recommendations for the Post-Anaesthesia Recovery Room" and substituting "Statement on the Post-Anaesthesia Care Unit";(j) by omitting from clause 2 of Part 3 "Guidelines on the Assistant for the Anaesthetist" and substituting "Statementon the Assistant for the Anaesthetist".
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 4 September 2019
These regulations are administered in the Department of Health.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Health Service Establishments Regulations 2011 by –(a) making certain interim accreditation requirements for certain health service establishments consistent with Commonwealth requirements; and(b) updating references to certain documents and organisations.