Health Service Establishments Regulations 2021 (Tas)

Health Service Establishments Regulations 2021

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Health Service Establishments Act 2006 .

20 September 2021

B. BAKER

Governor

By Her Excellency's Command,

JEREMY ROCKLIFF

Minister for Health

PART 1 - Preliminary

1. Short title These regulations may be cited as the Health Service Establishments Regulations 2021 .

2. Commencement These regulations take effect on 28 September 2021.

3. Interpretation (1) In these regulations – Act means the Health Service Establishments Act 2006 ; ANZCA means the Australian and New Zealand College of Anaesthetists; approved means approved by the Secretary, either generally or in any particular case or class of cases; child means a person who has not attained the age of 14 years; Commission means the Australian Commission on Safety and Quality in Health Care established by section 8 of the National Health Reform Act 2011 of the Commonwealth; conscious sedation has the same meaning as in PS09 Guideline on sedation and/or analgesia for diagnostic and interventional medical, dental or surgical procedures as published by the ANZCA; dentist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dentists division of the dental profession; intrapartum means the period commencing from the onset of true labour until the delivery of the baby and placenta during childbirth; maternity services includes – (a) antenatal care related to childbirth; and (b) intrapartum care involved in childbirth; and (c) surgical intervention in achieving childbirth; and (d) care of a mother admitted with a baby immediately following childbirth; and (e) postnatal care for mothers who are readmitted for treatment or management of breastfeeding or maternal complications; and (f) postnatal care for babies who are readmitted for treatment or management of neonatal complications. patient's representative means – (a) if the patient has not attained the age of 16 years, a parent or guardian having legal custody of the patient; or (b) if the patient is under guardianship, the patient's guardian; or (c) if the patient has died, the executor or administrator of the patient's estate – and includes any other person who, according to approved guidelines, is the patient's representative; pecuniary interest means any one or more of the following interests: (a) a pecuniary interest, in respect of a licence to conduct a private hospital or day-procedure centre, which is – (i) an interest as the holder of the licence or as one of the holders of the licence; or (ii) an interest in any corporation (other than a public company) which is the licensee of the hospital or centre; or (iii) a holding of 5% or more of the issued share capital of a public company which is the licensee of the hospital or centre; (b) a pecuniary interest, in respect of a licence to conduct a private hospital or day-procedure centre, in the premises at which the hospital or centre is conducted, which is – (i) an interest (whether at law or in equity) in the premises at which the hospital or centre is conducted; or (ii) an interest in any corporation (other than a public company) which has any interest (whether at law or in equity) in the premises at which the hospital or centre is conducted; or (iii) a holding of 5% or more of the issued share capital of any public company which has any interest (whether at law or in equity) in the premises at which the hospital or centre is conducted; (c) a pecuniary interest in the services provided to a private hospital or day-procedure centre, which is – (i) an interest in any clinical or administrative services provided to the hospital or centre (other than an interest in fees from medical or dental services provided by the person to any patient in the hospital or centre); or (ii) an interest in any corporation (other than a public company) which has an interest in any clinical or administrative services provided to the hospital or centre; or (iii) a holding of 5% or more of the issued share capital of any public company which has an interest in any clinical or administrative services provided to the hospital or centre; Poisons List has the same meaning as in the Poisons Act 1971 ; primary health care means the provision of non-urgent medical care, such as that generally provided by general practitioners; scheduled substance means a substance that is specified in a Schedule to the Poisons List and includes any other substance that is defined by reference to any substance so specified. (2) In these regulations – (a) a reference to a particular class of private hospital or day-procedure centre is a reference to a private hospital or day-procedure centre that is licensed as a private hospital or day-procedure centre of that class under the Act; and (b) a reference to a standard by reference to a numeral prefixed with "AS" is a reference to a standard so numbered as published by Standards Australia; and (c) a reference to a standard by reference to a number prefixed with "ISO", "BS EN ISO" or "DIN EN ISO" is a reference to a standard so numbered as published by the International Organization for Standardization; and (d) a reference to a standard, code, statement or other publication includes a reference to that standard, code, statement or publication as amended or substituted from time to time; and (e) a reference to ANZCA includes, if ANZCA ceases to exist, a reference to an approved successor or an approved body that carries out equivalent or similar functions to ANZCA; and (f) a reference to the Commission includes, if the Commission ceases to exist, a reference to an approved successor or an approved body that carries out equivalent or similar functions to the Commission; and (g) a reference to a document published by the Commission includes, if the Commission ceases to exist, a reference to an approved document issued by an approved successor or other approved body with equivalent or similar functions.