Private Health Facilities Act 2007 (NSW)

Private Health Facilities Act 2007 No 9

An Act to provide for the licensing and control of private health facilities, to repeal the Private Hospitals and Day Procedure Centres Act 1988; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Private Health Facilities Act 2007.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act The objects of this Act are— (a) to maintain appropriate and consistent standards of health care and professional practice in private health facilities, and (b) to plan for and provide comprehensive, balanced and coordinated health services throughout New South Wales.

4 Definitions (1) In this Act— Advisory Committee means the Private Health Facilities Advisory Committee established under this Act. application means— (a) an application for a licence under section 6, or (b) an application to transfer a licence under section 15, or (c) an application for approval to alter or extend a private health facility under section 16, or (d) an application for amendment of a licence under section 17. approval in principle means an approval in principle under section 7 of an application for a licence. authorised officer means an authorised officer appointed under section 50. class of facility, in relation to a private health facility, means the class or classes of facility in respect of which a licence for the facility is issued. clinical area means an area of a private health facility that is used for the provision of health services to a patient and includes any area of a facility that may be prescribed. director of nursing means the director of nursing of a private health facility as referred to in section 37. exercise a function includes perform a duty. function includes a power, authority or duty. licence means a licence issued under section 9 and in force under this Act. licensee means the holder, or any one or more of the holders, for the time being of a licence. licensing standards means the standards prescribed under section 5. patient means a person treated at a private health facility. practitioner means a medical practitioner, a dentist or other health practitioner as may be prescribed by the regulations. premises includes any land, building and part of any building. private health facility means premises at which any person is admitted, provided with medical, surgical or other prescribed treatment and then discharged, or premises at which a person is provided with prescribed services or treatments, but it does not include— (a) an institution conducted by or on behalf of the State, or (b) a hospital or health service under the control of a public health organisation within the meaning of the Health Services Act 1997, or (c) a nursing home within the meaning of the Public Health Act 2010, or (d) premises of a class prescribed by the regulations for the purposes of this definition. procedure room means a room in which medical or surgical procedures are conducted, and includes an operating theatre, labour room or other room prescribed by the regulations. register of patients means the register that is required by section 38 to be kept at a private health facility. Secretary means the Secretary of the Ministry of Health. ward means any room (other than a labour room or operating theatre) in a private health facility in which patients are accommodated and includes any recovery room in which a patient is monitored after an operation whilst returning to his or her pre-operative state of consciousness.