Commonwealth of Australia Explanatory Memoranda

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HEALTH LEGISLATION AMENDMENT (MIDWIVES AND NURSE PRACTITIONERS) BILL 2009

                                  2008-2009



               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                                   SENATE








  HEALTH LEGISLATION AMENDMENT (MIDWIVES AND NURSE PRACTITIONERS) BILL 2009









                    SUPPLEMENTARY EXPLANATORY MEMORANDUM



             Amendments to be Moved on Behalf of the Government







       (Circulated by authority of the Minister for Health and Ageing,
                          the Hon. Nicola Roxon MP)


  HEALTH LEGISLATION AMENDMENT (MIDWIVES AND NURSE PRACTITIONERS) BILL 2009

OUTLINE

These amendments to the Bill clarify that collaborative arrangements with
medical practitioners will be required of participating nurse practitioners
and midwives (in relation to the Medicare Benefits Schedule) and authorised
midwives and nurse practitioners (in relation to the Pharmaceutical
Benefits Scheme).  The details of these requirements will be specified in
subordinate legislation.

Financial Impact Statement

The amendments to the Bill have no financial impact.
  HEALTH LEGISLATION AMENDMENT (MIDWIVES AND NURSE PRACTITIONERS) BILL 2009

NOTES ON CLAUSES

Amendment 1 - Schedule 1, item 6, page 4 (line 10)
Item 1 amends the definition of participating midwife in Schedule 1, item
6, by substituting a new paragraph (b) and inserting an additional
requirement that an eligible midwife will only satisfy this definition in
so far as the eligible midwife renders a service in a collaborative
arrangement or collaborative arrangements of a kind or kinds specified in
the regulations, being a collaborative arrangement or arrangements with one
or more medical practitioners of a kind or kinds specified in the
regulations.

Amendment 2 - Schedule 1, item 6, page 4 (line 18)
Item 2 amends the definition of participating nurse practitioner in
Schedule 1, item 6, by substituting a new paragraph (b) and inserting an
additional requirement that an eligible nurse practitioner will only
satisfy this definition in so far as the eligible nurse practitioner
renders a service in a collaborative arrangement or collaborative
arrangements of a kind or kinds specified in the regulations, being a
collaborative arrangement or arrangements with one or more medical
practitioners of a kind or kinds specified in the regulations.

Amendment 3 - Schedule 1, item 70, page 22 (line 2)
Item 3 inserts into the definition of authorised midwife in Schedule 1,
item 70, an additional requirement that an eligible midwife will only
satisfy this definition in so far as the eligible midwife provides
midwifery treatment in a collaborative arrangement or collaborative
arrangements of a kind or kinds specified in a legislative instrument made
by the Minister for the purpose of this definition, being a collaborative
arrangement or arrangements with one or more medical practitioners of a
kind or kinds also specified in the legislative instrument.

Amendment 4 - Schedule 1, item 71, page 22 (line 6)
Item 3 inserts into the definition of authorised nurse practitioner in
Schedule 1, item 71, an additional requirement that an eligible nurse
practitioner will only satisfy this definition in so far as the eligible
nurse practitioner provides nurse practitioner treatment in a collaborative
arrangement or collaborative arrangements of a kind or kinds specified in
the a legislative instrument made by the Minister for the purpose of this
definition, being a collaborative arrangement or arrangements with one or
more medical practitioners of a kind or kinds also specified in the
legislative instrument.

Nurse practitioner treatment is defined in item 74 of the Bill to mean 'in
relation to a nurse practitioner, .. treatment that the nurse practitioner
is authorised (however described) to provide under a law of a State or an
internal Territory.'