Health Legislation Amendment Regulation 2020


Queensland Crest

Part 1 Preliminary

1Short title

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

2Commencement

Part 3 commences on 1 March 2020.

3Regulation amended

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

4Amendment of s 171 (Pharmacists)

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

or (5)

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

10 years

5Amendment of s 257 (Pharmacists)

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

10 years

(2)Section 257(3)—
insert—
(d)administer adrenalin of a strength of 0.1% or less to a person who is 10 years or more under—
(i)a pharmacist’s direction and personal supervision; and
(ii)the pharmacist vaccination program DTP.

6Regulation amended

This part amends the Health Ombudsman Regulation 2014.

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

Section 3
insert—
(c)an interim prohibition order under the Health Complaints Act 2016 (Vic).

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

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

s 90O

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

section 90O

(3)Section 4
insert—
(c)a prohibition order under the Health Complaints Act 2016 (Vic).

9Regulation amended

This part amends the Hospital and Health Boards Regulation 2012.

10Insertion of new pt 6B

After section 30B

insert

Part 6B State aged care facilities

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

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

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

(1)This section prescribes the minimum percentage of nurses or registered nurses providing residential care at a State aged care facility prescribed under section 30C during each 24-hour period to the total number of nurses and support workers (the care staff) providing residential care at the facility during the period.
(2)At least 50% of the care staff must be nurses.
(3)At least 30% of the care staff must be registered nurses.

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

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

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

Section 34A
omit, insert—

34A Prescribed health practitioner—Act, s 139

(1)For section 139 of the Act, definition prescribed health practitioner, a relevant health practitioner who holds a type of registration mentioned in schedule 2C, column 2 for a health profession mentioned in column 1 of the schedule is prescribed.
(2)In this section—
health profession see the Health Practitioner Regulation National Law, section 5.
type of registration means type of registration under the Health Practitioner Regulation National Law.

12Insertion of new schs 2B and 2C

After schedule 2A

insert—

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

section 30C

Brighton Health Campus (Gannet House)
Cooinda House
Dr E A F McDonald Nursing Home
Eventide Charters Towers
Eventide Home Rockhampton
Forest View Residential Care Facility
Glenbrook Residential Aged Care Facility
Karingal Nursing Home
Milton House
Mt Lofty Nursing Home
North Rockhampton Nursing Centre
Parklands Residential Aged Care Facility
Redland Residential Care Facility
The Oaks Residential Aged Care Facility
Waroona Multipurpose Centre
Westhaven Nursing Home

Schedule 2C Prescribed health practitioners

section 34A

Column 1

Column 2

Health profession

Type of registration

medical

general registration

 

limited registration for a purpose mentioned in the Health Practitioner Regulation National Law, section 66 or 67

 

limited registration in the public interest to which the Health Practitioner Regulation National Law, section 273 applies

 

provisional registration

 

special registration

midwifery

general registration

 

provisional registration

nursing

general registration

 

provisional registration

paramedicine

general registration