Northern Territory Explanatory Statements

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PRIVATE HOSPITALS AND NURSING HOMES AMENDMENT BILL 2011

2011

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR HEALTH

PRIVATE HOSPITALS AND NURSING HOMES AMENDMENT BILL 2011
SERIAL NO. 155
EXPLANATORY STATEMENT

GENERAL OUTLINE
This Bill proposes amendments to legislation in the Northern Territory.
The purpose of the Bill is to:
· remove annual inspection and licensing requirements placed on Northern Territory residential aged care facilities (nursing homes);
· protect the health and welfare of people receiving medical or surgical treatment in private hospitals;
· provide for the management and inspection of private hospitals;
· provide clear definitions relevant to private hospitals; and
· modernised penalties contained within the Act.

Penalty units relating to this Bill have been updated to comply with the Penalty Units Act 2009.


NOTES ON CLAUSES

PART 1 - PRELIMINARY MATTERS

Clause 1. Short Title
The Bill when passed may be cited as the Private Hospitals and Nursing Homes Amendment Act 2011.

PART 2 – AMENDMENT OF PRIVATE HOSPITALS AND NURSING HOMES ACT

Clause 2. Act Amended
This part amends the Private Hospitals and Nursing Homes Act.

Clause 3 and 4.
Clause 3 and Clause 4, Section 1 omits the words “and nursing homes”

Clause 5. Section 3 replaced.
Section 3 Object of Act repealed and replaced with:
The object of this Act is to protect the health and welfare of people receiving medical or surgical treatment in private hospitals.

To achieve the object, this Act:
(a) Requires persons to hold licences to conduct private hospitals; and
(b) Provides for the management and inspection of private hospitals.

Clause 6: Section 4 amended:
Section 4(1) remove the words “unless the contrary intention appears” in reference to the definitions to be removed.

Section 4(2) omit all definitions; manager, matron, nursing home, nursing institution, patent, private hospital and register. Replace with new definitions including:
· Director of Nursing
· Licensee
· Manager
· Patient
· Private Hospital

Clause 7: Sections 4A and 4B inserted.
Section 4A Meaning of Private Hospital provides a definition of a private hospital and includes reference to facilities that undertake prescribed medical or surgical treatment - involving high risk procedures prescribed by regulation.

Section 4B Application of Criminal Code advises of the application of Part IIAA of the Criminal Code in relation to offences contained within this Act.

Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

Clause 8. Section 6 Replaced.
Section 6 Offences relating to conduct of a private hospital are repealed and replaced with specific offences relating to private hospitals, including:
1. A person must not conduct a private hospital unless they are a licensee for the hospital
2. A licensee must not engage in conduct that contravenes the conditions of the licence.
3. Describes situations where subsection 2 will not apply.
4. Identifies a maximum penalty of 430 penalty units against subsection 6(1) and 6(2) imposable by a court.

Clause 9. Section 7 amended.
Section 7(1) stipulates that if a body corporate applies to hold a licence it must be a corporation as defined in the Corporations Act 2001.

This section does not exclude sole traders, from operating private hospitals or applying for licenses if they meet the appropriate criteria for operating a private hospital.

Clause 10. Section 10 Amended
Section 10(1) Determination of Applications is omitted and replaced giving the Chief Health Officer the options of either granting or refusing a license.

Section 10(2) the word “when” is replaced with “if” in relation to the issue of licences.

Clause 11. Section 13 Replaced.
Section 13 Duration and Renewal of Licenses is identifies when new and renewed licenses commence and expire.

Clause 12. Sections 19 to 21 Replaced
Section 19(1) and (2) provides instruction on the replacement or acting appointment of a person named as licensee of a private hospital.

Section 19(2) identifies that failure to appoint a new manager attracts a penalty of 100 penalty units.

Section 19(3) allows for temporary appointment of an approved person as an interim to filling the vacancy of manager.

Section 19(4) identifies that failure to return a licence when a new manager is appointed attracts a penalty of 20 penalty units.

Section 19(5) states that the Chief Health Officer must endorse on the licence the name of a new manager.

Section 19(6) identifies sub-sections 19 (2) and (4) to be offenses of strict liability.

Section 19(7) establishes a defence to prosecution if reasonable excuse is established.

Section 20(1) identifies that the manager of the private hospital is required to ensure:
· Records are kept including; a register of patients, hospital medical records, and the purchase and use of drugs, and
· A registered nurse on duty at the hospital at all times.

Section 20(2) identifies that an offence against subsection (1) is an offence of strict liability.

Section 20(3) establishes a defence to prosecution if reasonable excuse is established.

Section 20(4) details particulars that are to be kept in the patient record from Section 20(1).

Section 21(1) details that the Chief Health Officer may request, in writing, that the Private hospital provide a report on births and deaths occurring within the hospital for a stated period.

Section 21(2) provides the private hospital a period of 10 days to comply with the written request outlined in Section 20(1). Failure to copmply with this section attracts a maximum of 100 penalty units.

Section 20(3) identifes an offence against 21(2) is of strict liability.

Clause 13. Sections 23 and 24 Replaced
Section 23 mandates that private hospitals are to be inspected not less than once a year.

Inspectors are to be appointed by the Chief Health Officer. The Private Hospital is required to provide access to the patient register, premises, equipment and anything else deemed necessary by the Chief Health Officer to conduct a thorough inspection of the facility.

Inspectors are to provide the Chief Health Officer a written inspection report which will inform the decision to issue or reissue a license.

Section 24 requires the Chief Health Officer to advise the licensee of the findings and outcomes of the inspection and any subsequent action or improvements that must occur, in writing as soon as practicle after the inspection is completed.

Clause 14. Sections 25 and 26 Replaced
Section 25 details the process to surrender a licence. A maximum penalty of 20 pentalty units applies for non-compliance.

Section 26(1) outlines that the Chief Health Officer, by written notice can revoke the licence of a private hospital if:
(a) a manager is not appointed as per section 19(2) or (3).
(b) The hospital is operated under changed conditions without prior application to do so.
(c) The licences fail to comply with a notice made by the Chief Health Officer in respect to repairs or improvements to the premises or changes to management.
(d) A report or inquiry into a complaint is found to have merit.
(e) The Chief Health Officer is stasfied that the private hospital is not adequately equipped or managed or is not longer being appropriately conducted.
(f) The licensee refuses to allow an inspection, faily to compy with conditions of the licene, is found guilty of an offence agains the Health Practitioner Regulation Natioanl law or the Health Practitioners Act or any other indictable offence.

Section 26(2) requires the Chief Health Officer to notify the licensee of the revocation of a licence in wiriting, giving reasons for doing so.

Clause 15. Section 30 Replaced
This section enables the Chief Health officer to delegate powers and functions under this act to an appropriately qualified public servant.

Clause 16. Sections 33 to 36 Replaced
Section 33 mandates the return of a license to the Department within seven days of a license being cancelled or refused.

Section 34 enables an approved person to commence proceedings for an offence against this act.

Section 35 allows for the Administrator to make regulations under this act relating to minimum standards for:
(a) Accommodation provided for patients in a private hospital.
(b) Hearing of appeals.
(c) Provide for an offence against a regulation to be an offence of strict liability.

Clause 17. Schedule 1
Schedule 1 contains omissions and insertions of words and phrases to remove all references to nursing homes, to reference the position of Chief Health Officer as gender neutral and to modernise some language styles.
PART 3 – AMENDMENTS OF OTHER ACTS

Clause 18 Medical Services Amendment

This clause amends definitions in the Medical Services Act, referring them instead to the Aged Care Act 1997 (Cth) and the Private Hospitals Act.

PART 4 – Repeal of Act

Clause 20 Repeal
The Private Hospitals and Nursing Homes Amendment Act 2002 (Act No. 58 of 2002) is repealed.

 

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