AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 138

PART 8 - Approved Personnel and Facilities Medical practitioners and nurses

(1)  The Chief Psychiatrist, by instrument in writing, may approve individual persons (or all members of a class of persons) as medical practitioners for –
(a) provisions of this Act; and
(b) provisions of any other Act in respect of which the Chief Psychiatrist may have responsibilities.
(2)  To be approved as a medical practitioner under subsection (1) , or to be a member of a class of persons approved under that subsection, a person must be –
(a) a psychiatrist; or
(b) a medical practitioner who is otherwise qualified or experienced in the diagnosis or treatment of mental illness.
(3)  The Chief Psychiatrist, by instrument in writing, may approve individual persons (or all members of a class of persons) as nurses for –
(a) provisions of this Act; and
(b) provisions of any other Act in respect of which the Chief Psychiatrist may have responsibilities.
(4)  To be approved as a nurse under subsection (3) , or to be a member of a class of persons to whom the approval relates, a person must be a registered nurse who is qualified or experienced in the treatment or care of persons with mental illness.
(5)  An approval is not to be taken for any purpose to constitute a State Service appointment but any person, if appropriately qualified, may hold such an approval (either individually or as a member of a class) in conjunction with State Service employment.
(6)  An approval –
(a) takes effect on the day on which it is conferred or on such later day as the Chief Psychiatrist specifies in it; and
(b) unless sooner revoked, remains in effect for 5 years but may from time to time be re-conferred for an equivalent or lesser period.
(7)  An individual approval of a person as a medical practitioner is revoked if the person ceases to be –
(a) a psychiatrist; or
(b) a medical practitioner who is otherwise qualified or experienced in the diagnosis or treatment of mental illness.
(8)  The revocation of an individual approval of a person under subsection (7) does not prevent a further individual approval being given under subsection (1) if the person becomes a psychiatrist, or a medical practitioner who is otherwise qualified or experienced in the diagnosis or treatment of mental illness.
(9)  An individual approval of a person as a medical practitioner is suspended during any period in which his or her registration as a psychiatrist or medical practitioner is suspended under the Health Practitioner Regulation National Law (Tasmania) Act 2010 .
(10)  An individual approval of a person as a nurse is revoked if the person ceases to be a registered nurse who is qualified or experienced in the treatment or care of persons with mental illness.
(11)  The revocation of an individual approval of a person under subsection (10) does not prevent a further individual approval being given under subsection (1) if the person becomes a registered nurse who is qualified or experienced in the treatment or care of persons with mental illness.
(12)  An individual approval of a person as a registered nurse is suspended during any period in which his or her registration as a nurse is suspended under the Health Practitioner Regulation National Law (Tasmania) Act 2010 .
(13)  In the case of a class approval –
(a) any member of the class ceases to be a member of the class if he or she ceases for any reason to have the characteristics of the class; but
(b) the approval remains in effect as regards the remaining members of the class.
(14)  The Chief Psychiatrist, by instrument in writing, may revoke an approval if he or she considers there are other reasonable grounds to do so.
(15)  A person, by notice to the Chief Psychiatrist, may relinquish an individual approval at any time.
(16)  The Chief Psychiatrist is to publish each approval and each revocation or relinquishment of an approval under this section in –
(a) the Gazette ; and
(b) such other ways as he or she may consider appropriate.
(17)  The Chief Psychiatrist is to notify the Tribunal of each approval and each revocation or relinquishment of an approval under this section.
(18)  The Chief Psychiatrist is, by virtue of his or her office, an approved medical practitioner.



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