Nicola Roxon (Gellibrand, Australian Labor Party, Minister for Health and Ageing) Share this | Hansard source

by leave—I present a supplementary explanatory memorandum and move government amendments (1) to (9):

(1)    Schedule 1, item 2, page 3 (lines 16 to 18), omit subparagraph (a)(iii) of the definition of consultant physician, substitute:

                 (iii)    if that specialty is also prescribed by the regulations for the purpose of paragraph (a) of the definition of specialistthe regulations provide that the medical practitioner is a consultant physician, rather than a specialist, in relation to that specialty or is both a consultant physician and a specialist in relation to that specialty; or

(2)    Schedule 1, item 6, page 4 (lines 10 and 11), omit the item, substitute:

               6 Subsection 3(1) (definition of nursing care)

Omit “registered nurse”, substitute “nurse who is covered by paragraph (a) of the definition of nurse”.

(3)    Schedule 1, item 9, page 4 (lines 25 to 27), omit subparagraph (a)(iii) of the definition of specialist, substitute:

                 (iii)    if that specialty is also prescribed by the regulations for the purpose of paragraph (a) of the definition of consultant physicianthe regulations provide that the medical practitioner is a specialist, rather than a consultant physician, in relation to that specialty or is both a specialist and a consultant physician in relation to that specialty; or

(4)    Schedule 1, item 14, page 5 (lines 16 to 21), omit the item, substitute:

               14 Subsection 19C(2)

Repeal the subsection, substitute:

        (2)    In this section:

practitioner means:

             (a)    a medical practitioner; or

             (b)    a practitioner, within the meaning of section 124B, of any other kind who is registered under a law of a State or Territory as a practitioner of that kind; or

             (c)    a health professional of any other kind who is registered under a law of a State or Territory as a health professional of that kind.

practitioner’s registration means:

             (a)    if the practitioner is a medical practitioner—the practitioner’s registration under a law of a State or Territory as a medical practitioner; or

             (b)    if the practitioner is covered by paragraph (b) or (c) of the definition of practitionerthe practitioner’s registration as mentioned in that paragraph.

Note:                The heading to section 19C is altered by omitting “medical”.

(5)    Schedule 1, item 15, page 5 (line 24), omit “medical”.

(6)    Schedule 1, item 16, page 6 (line 1), omit “medical”.

(7)    Schedule 1, item 17, page 6 (lines 5 to 10), omit the item, substitute:

               17 Before subsection 19CB(1)

Insert:

     (1A)    In this section:

practitioner has the same meaning as in section 19C.

practitioner’s registration has the same meaning as in section 19C.

Note:                The heading to section 19CB is altered by omitting “medical”.

               17A Subsection 19CB(1)

Omit “medical”.

(8)    Schedule 1, item 21, page 6 (lines 22 to 26), omit the item, substitute:

               21 Subsection 19CB(3)

Repeal the subsection, substitute:

        (3)    Unless sooner revoked, the direction has effect until the practitioner is authorised under the practitioner’s registration to render the professional service, or to render the professional service in the circumstances where the practitioner was not previously authorised to render it (as the case may be).

               21A Subsection 19CB(4)

Omit “medical” (wherever occurring).

(9)    Schedule 1, item 22, page 6 (line 27) to page 7 (line 4), omit the item, substitute:

               22 Subsection 19DA(1)

Repeal the subsection, substitute:

        (1)    In this section:

deregistered practitioner means a person:

             (a)    who was registered under a law of a State or Territory as a practitioner; but

             (b)    who is not currently registered under a law of a State or Territory as a practitioner.

practitioner has the same meaning as in section 19C.

As I mentioned previously, the government is moving amendments to the Health Practitioner Regulation (Consequential Amendments) Bill 2010 arising from submissions to the Senate inquiry on the bill. These amendments clarify the regulations relating to the recognition of a consultant physician or specialist for the purposes of Medicare and amend the definition of nursing care to clarify that nursing care may only be provided by or under the supervision of a registered nurse division I.

In recent years an increasing range of health professionals such as psychologists, speech pathologists and chiropractors have become able to provide Medicare eligible services. However, these health professionals are not currently subject to sections in the Health Insurance Act which prohibit the payment of Medicare benefits for a service provided by a health practitioner where the service is beyond the scope of the practitioner’s registration.

These amendments to the bill propose to extend the scope of the HIA to widen the scope of relevant sections in the HIA so that they apply to all health professionals registered under a state and territory law who render Medicare eligible services.

Again, I think that the shadow minister may have been otherwise engaged when I made these comments before. We do welcome the feedback that has been provided by the coalition. We have indicated our preparedness, as is seen in the amendments that are being distributed, to take on board their recommendations and we are very pleased that they have indicated that this bill will now be supported. It is indeed vital that this legislation is passed in time for the implementation of the scheme on 1 July 2010. We will all, on both sides of the House, be very proud when it is able to be introduced.

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