HEALTH PRACTITIONERS (SPECIAL EVENTS EXEMPTION) ACT 1998 Reprinted as in force on 1 July 2010 [../images/HealthPraSEA98-3.gif] TABLE OF PROVISIONS Contents Part 1--Preliminary 1. Short title 2. Main purpose of Act Part 2--Interpretation 3. Definitions 4. Meaning of visiting health practitioner 5. Meaning of visitor Part 3--Special events exemption for visiting health practitioners 6. Declaration of special events 7. Special event notice 8. Provision of health care services by visiting health practitioners 9. Conditions on provision of health care services by visiting health practitioners 10. Issue of prescriptions and supply of certain substances 11. Storage of restricted or controlled drugs 12. Exemptions relating to offences Part 4--Monitoring 13. Monitoring the prescribing and supplying of certain substances 14. Dispensers to forward copies of prescriptions Part 5--Miscellaneous 15. Complaints about visiting health practitioners 16. Act does not limit the practice of local health practitioners 17. Proceedings for offences 18. Regulation-making power SCHEDULE -- DICTIONARY Endnotes - LONG TITLE An Act to allow visiting health practitioners to provide health care services in the State for special events without becoming registered under State law, and for other purposes 1 Short title This Act may be cited as the Health Practitioners (Special Event Exemption) Act 1998. 2 Main purpose of Act The main purpose of this Act is to allow for exempting visiting health practitioners from having to register under State law when in the State for particular sporting, cultural or other events. 3 Definitions The dictionary in the schedule defines particular words used in this Act. 4 Meaning of visiting health practitioner A person is a visiting health practitioner if— (a) the person is an individual who is a resident of another country; and (b) the person is appointed, employed, contracted or otherwise engaged to provide health care services to a visitor; and (c) notification is given of the person's intention to provide the health care services in the State to the visitor under the procedure stated in the special event notice for the special event concerned. 5 Meaning of visitor A person is a visitor if— (a) the person is a resident of another country who is in the State to officially participate in, or prepare for, a special event; or (b) the person is a resident of Australia who is in the State for a purpose mentioned in paragraph (a) and is a member of a group the majority of the members of which are persons mentioned in paragraph (a) who are in the State for the same purpose. 6 Declaration of special events (1) A regulation may declare a sporting, cultural or other event to be a special event for this Act. (2) The regulation must be for— (a) an event taking place, or to take place, in the State that will or is likely to attract a significant number of participants from other countries; or (b) an event taking place, or to take place, in another State that will or is likely to attract a significant number of participants from other countries some of whom are likely to come to this State to prepare for the event. (3) The regulation must state a period when an exemption under this Act has effect for the special event (the exemption period). (4) The exemption period for the special event may include a period before or after the special event takes place. 7 Special event notice (1) The Minister may publish a notice in the gazette for a special event (a special event notice). (2) The notice must state a procedure for section 4(c) by which notification is to be given of a person's intention to provide health care services in the State to a visitor. (3) The stated procedure may require the giving of information. 8 Provision of health care services by visiting health practitioners (1) A visiting health practitioner is authorised to provide health care services to a visitor if the health practitioner has been appointed, employed, contracted or otherwise engaged to provide the services for the visitor and the notification for the practitioner mentioned in section 4(c) relates to the visitor. (2) Subsection (1) applies to a visiting health practitioner only— (a) during the exemption period for the special event to which the notification relates; and (b) while the health practitioner is complying with this Act and conditions imposed under this Act. 9 Conditions on provision of health care services by visiting health practitioners A special event notice may impose conditions on the provision of health care services by a visiting health practitioner. 10 Issue of prescriptions and supply of certain substances (1) A special event notice may— (a) authorise a visiting health practitioner to issue prescriptions for a restricted or controlled drug in the course of providing health care services under this Act; and (b) authorise a dispenser to dispense a restricted or controlled drug on a prescription issued under paragraph (a); and (c) authorise a visiting health practitioner to be supplied with an S2 or S3 substance by wholesale for the practitioner to provide health care services under this Act; and (d) authorise a wholesaler to supply an S2 or S3 substance by wholesale to a visiting health practitioner authorised under paragraph (c). (2) However a special event notice must not contain an authorisation under subsection (1) unless the Minister is satisfied adequate arrangements are in place to ensure the substance concerned will only be prescribed for and supplied to persons to whom visiting health practitioners are authorised to provide health care services under this Act. (3) A special event notice may impose conditions on an authorisation under this section conferred by the notice. 11 Storage of restricted or controlled drugs A visiting health practitioner must ensure a restricted or controlled drug in the visiting health practitioner's possession is kept— (a) in a secure place under the visiting health practitioner's personal control; and (b) in accordance with written directions given to the practitioner by the chief executive. 12 Exemptions relating to offences (1) A visiting health practitioner does not commit an offence under a health registration Act, the Health (Drugs and Poisons) Regulation 1996, or the Drugs Misuse Act 1986 by— Editor's note— A visiting health practitioner who provides health care services otherwise than in accordance with section 8 of this Act loses the exemption given by section 12 in relation to the commission of offences under a health registration Act, the Health (Drugs and Poisons) Regulation 1996 or the Drugs Misuse Act 1986. (a) providing health care services authorised under this Act; or (b) if a substance is a substance that may be lawfully possessed, supplied or administered by a local health practitioner—possessing, supplying or administering the substance in the course of providing the authorised health care services; or (c) prescribing under this Act a restricted or controlled drug in the course of providing the authorised health care services; or (d) holding himself or herself out as being able to provide the authorised health care services; or (e) using a title, reference to a qualification, description, word, letter or symbol the visiting health practitioner ordinarily uses. (2) A visitor does not commit an offence under the Health (Drugs and Poisons) Regulation 1996 or the Drugs Misuse Act 1986, by doing any thing, or possessing a substance, as a result of being provided with health care services under this Act. (3) A dispenser does not commit an offence under the Health (Drugs and Poisons) Regulation 1996 by, under a prescription issued by a visiting health practitioner, dispensing a restricted or controlled drug if— (a) the dispenser believes, on reasonable grounds, the health practitioner is authorised under this Act to issue the prescription; and (b) the dispenser is authorised under this Act to dispense the drug on the prescription of a visiting health practitioner authorised under this Act to issue the prescription. (4) A wholesaler does not commit an offence under the Health (Drugs and Poisons) Regulation 1996 or the Drugs Misuse Act 1986, by supplying an S2 or S3 substance by wholesale to a visiting health practitioner if— (a) the wholesaler believes, on reasonable grounds, the visiting health practitioner is authorised under this Act to be supplied with the substance by wholesale; and (b) the wholesaler is authorised under this Act to supply the substance by wholesale to a visiting health practitioner authorised under this Act to be supplied with the substance by wholesale; and (c) the wholesaler is complying with the conditions to which the person's licence is subject under the Health (Drugs and Poisons) Regulation 1996. 13 Monitoring the prescribing and supplying of certain substances The chief executive must monitor the prescribing of restricted and controlled drugs by visiting health practitioners, and the supplying of S2 and S3 substances by wholesalers, under a special event notice. 14 Dispensers to forward copies of prescriptions (1) This section applies to a dispenser who, under a special event notice, 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 which the drug was dispensed. Maximum penalty—40 penalty units. (3) For subsection (2), the copy of the prescription must clearly show the type and quantity of the drug to which the prescription relates. 15 Complaints about visiting health practitioners (1) A complaint may not be made about a visiting health practitioner under the Health Quality and Complaints Commission Act 2006. (2) However, subsection (1) does not apply to a complaint for an offence or prevent the bringing of proceedings for an offence. (3) Subsection (1) does not apply to a visiting health practitioner who is registered under a health registration Act. 16 Act does not limit the practice of local health practitioners This Act does not prejudice or affect the lawful occupation, trade or business of a person in the person's capacity as a local health practitioner. 17 Proceedings for offences A proceeding for an offence against this Act may be taken in a summary way under the Justices Act 1886. 18 Regulation-making power The Governor in Council may make regulations under this Act. - SCHEDULE -- DICTIONARY administer, a substance, means give a person a single treatment dose of the substance. controlled drug has the meaning given in the Health (Drugs and Poisons) Regulation 1996. Editor's note— Health (Drugs and Poisons) Regulation 1996, appendix 9— controlled drug means an S8 substance. dispense means sell or offer to sell on prescription. dispenser means a person who, under the Health (Drugs and Poisons) Regulation 1996, may dispense a restricted or controlled drug. exemption period see section 6(3). health care services means services ordinarily provided by chiropractors, dental prosthetists, dental technicians, dentists, medical practitioners, medical radiation technologists, nurses, occupational therapists, optometrists, osteopaths, pharmacists, physiotherapists, podiatrists, psychologists and speech pathologists. health registration Act means any 1 of the following— * Dental Technicians Registration Act 2001 * Health Practitioner Regulation National Law * Medical Radiation Technologists Registration Act 2001 * Occupational Therapists Registration Act 2001 * Speech Pathologists Registration Act 2001. local health practitioner means a person registered under a health registration Act. possess, a substance, includes— (a) have custody or control of the substance; or (b) have an ability or right to obtain custody or control of the substance. prepare includes the following— (a) train; (b) practise; (c) rehearse; (d) acclimatise. prescription means a written direction authorising a dispenser to dispense a stated restricted or controlled drug. restricted drug has the meaning given in the Health (Drugs and Poisons) Regulation 1996. Editor's note— Health (Drugs and Poisons) Regulation 1996, appendix 9— restricted drug means— (a) an S4 substance other than solasodine; or (b) alkaloids and alkaloidal glycosides of plants of the genus solanum for human therapeutic use. S2 substance or S3 substance means a substance classified S2 or S3 under the Health (Drugs and Poisons) Regulation 1996. Editor's note— Health (Drugs and Poisons) Regulation 1996, section 5, the expression S2, S3, S4, S5, S6, S7, S8 or S9 means— (a) if followed by a controlled drug, restricted drug or a poison—the drug or poison in the schedule to the standard with the number given in the expression; or (b) if followed by 'poison' or 'substance' without naming a poison or substance—any poison in the schedule to the standard with the number given in the expression. Examples— 1 If a provision mentions 'S2 fluorides', it means fluorides in schedule 2 to the standard, i.e., fluorides in preparations for topical human therapeutic use. 2 If a provision mentions 'S3 fluorides', it means fluorides in schedule 3 to the standard, i.e., fluorides in dentifrices containing more than 1000mg/kg of fluoride ion. Fluorides may also be included in other schedules, for example as S4, S5 or S6 poisons. 3 If a provision mentions 'S7 poison', it means any poison in schedule 7 to the standard. special event means an event declared to be a special event under section 6(1). special event notice see section 7(1). supply includes— (a) distribute, give or sell; and (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 practitioner see section 4. visitor see section 5. wholesaler, in relation to the supply of an S2 or S3 substance, means a person who, under the Health (Drugs and Poisons) Regulation 1996, is licensed to supply the substance by wholesale. - NOTES Page Date to which amendments incorporated 14 Key 14 Table of reprints 15 List of legislation 15 List of annotations 17 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2010. Future amendments of the Health Practitioners (Special Events Exemption) Act 1998 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments to Effective Reprint date 1 1998 Act No. 41 21 December 1998 18 May 1999 1A 2000 Act No. 46 25 October 2000 3 November 2000 1B 2001 Act No. 16 1 January 2002 11 January 2002 1C 2001 Act No. 16 1 February 2002 8 February 2002 1D 2001 Act No. 16 1 March 2002 15 March 2002 1E 2001 Act No. 16 1 May 2002 1 May 2002 1F 2001 Act No. 16 12 May 2002 21 May 2002 2 2001 Act No. 16 12 May 2002 7 June 2002 Reprint No. Amendments included Effective Notes 2A 2003 Act No. 9 28 March 2003 2B 2006 Act No. 25 1 July 2006 R2B withdrawn, see R3 3 — 1 July 2006 3A 2010 Act No. 14 1 July 2010 [../images/HealthPraSEA98-4.gif]