Health and Other Legislation Amendment Bill 2021 (Qld)

An Act to amend the Ambulance Service Act 1991, the Criminal Code, the Environmental Protection Act 1994, the Hospital and Health Boards Act 2011, the Mental Health Act 2016, the Public Health (Infection Control for Personal Appearance Services) Act 2003, the Radiation Safety Act 1999, the Termination of Pregnancy Act 2018, the Transplantation and Anatomy Act 1979 and the legislation mentioned in schedule 1 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Health and Other Legislation Amendment Act 2021.

2 Commencement The following provisions commence on a day to be fixed by proclamation— (a) part 3; (b) schedule 1, part 2.

Part 2 Amendments commencing on assent

Division 1 Amendment of Ambulance Service Act 1991

3 Act amended This division amends the Ambulance Service Act 1991. Note— See also the amendments in part 3, division 1 and schedule 1, part 2.

4 Amendment of s 5 (Disqualification from appointment) (1) Section 5(b)— omit. (2) Section 5(c)— renumber as section 5(b).

Division 2 Amendment of Criminal Code

5 Code amended This division amends the Criminal Code.

6 Amendment of s 282 (Surgical operations and medical treatment) Section 282(4), definition unqualified person, 'section 319A(4)'— omit, insert— section 319A(3)

7 Amendment of s 319A (Termination of pregnancy performed by unqualified person) (1) Section 319A(2)— insert— Note— The Termination of Pregnancy Act 2018, section 10 provides that a woman who consents to, assists in, or performs a termination on herself does not commit an offence. (2) Section 319A(3)— omit. (3) Section 319A(4)— insert— assisting, in the performance of a termination on a woman— (a) includes— (i) dispensing a termination drug for use in the termination; and (ii) supplying, or procuring the supply of, a termination drug for use in the termination; and (iii) administering a termination drug; but (b) does not include providing care to the woman before or after the termination is performed. prescribed health profession means any of the following health professions under the Health Practitioner Regulation National Law— (a) Aboriginal and Torres Strait Islander health practice; (b) medical; (c) midwifery; (d) nursing; (e) pharmacy; (f) another health profession prescribed under the Termination of Pregnancy Act 2018, schedule 1, definition prescribed health profession, paragraph (f). prescribed student means a person— (a) whose name is entered in a student register, for a prescribed health profession, as being currently registered under the Health Practitioner Regulation National Law; and (b) who assists in the performance of a termination on a woman only— (i) under the supervision of— (A) a medical practitioner performing the termination; or (B) a prescribed practitioner lawfully assisting in the performance of the termination; or (C) the student's primary clinical supervisor; and (ii) to the extent necessary to complete the student's program of study for, or clinical training in, the student's health profession. primary clinical supervisor, of a prescribed student, means a prescribed practitioner who has primary responsibility for supervising the clinical work performed by the student for the student's program of study for, or clinical training in, the student's health profession. student register, for a health profession, see the Health Practitioner Regulation National Law. (4) Section 319A(4), definition prescribed practitioner, from 'any'— omit, insert— a prescribed health profession, other than as a student. (5) Section 319A(4), definition unqualified person, paragraph (b)(ii)— omit, insert— (ii) a prescribed practitioner providing the assistance in the practice of the practitioner's prescribed health profession; or (iii) a prescribed student. (6) Section 319A(4)— renumber as section 319A(3).