Health Legislation Amendment
Bill 2005

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The objects of this Bill are as follows:

(a) to amend the Health Administration Act 1982 so that the provisions requiring
the appointment of a root cause analysis team in certain circumstances apply
to the Ambulance Service of New South Wales,

(b) to amend the Human Tissue Act 1983 to clarify that a reference to a parent
includes a reference to the Minister for Community Services if the Minister
has sole parental responsibility for the child and to make further provision with
regard to:

        (i) the removal of tissue from children in certain circumstances, and
        (ii) conditions relating to the medical practitioners who may certify death
prior to the removal of tissue from a deceased person’s body, and
        (iii) the persons (in addition to medical practitioners) who may remove
musculoskeletal tissue from a deceased person for certain purposes, and
        (iv) the use of small samples of tissue for quality assurance and related
purposes,

(c) to amend the Podiatrists Act 2003 to allow regulations to be made in relation
to infection control standards to be followed by podiatrists,

(d) to amend the Poisons and Therapeutic Goods Act 1966 and the Poisons and
Therapeutic Goods Regulation 2002 to limit the types of drugs of addiction
that may be prescribed for continuous therapeutic use only with the authority
of the Director-General of the Department of Health,

(e) to amend the Poisons and Therapeutic Goods Act 1966 to allow the
Director-General of the Department of Health a discretion in respect of
whether certain information (in relation to the maximum quantity of a drug
and the time period during which it may be prescribed or supplied) is
contained in an authority to prescribe or supply drugs,

(f) to amend the Public Health Act 1991 to provide that a registered nurse may
carry out surgical debridement of hypertrophic tissue of the foot using a sharp
instrument in certain circumstances.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation with a specified exception.

Clause 3 is a formal provision that gives effect to the amendments to the Acts and
regulation set out in Schedules 1–6.

Schedule 1 Amendment of Health Administration
Act 1982 No 135
Schedule 1 amends the Health Administration Act 1982, so that the provisions of that
Act requiring the appointment of a root cause analysis team in certain circumstances
apply to the Ambulance Service of New South Wales.

Schedule 2 Amendment of Human Tissue Act 1983
No 164
Schedule 2 [1] amends the Human Tissue Act 1983 to clarify that a reference to a
parent includes a reference to the Minister administering the Children and Young
Persons (Care and Protection) Act 1998 if the Minister has sole parental
responsibility (unless otherwise indicated). Schedule 2 [2] and [9] contain
consequential amendments.

Schedule 2 [3] inserts proposed section 11A into the Human Tissue Act 1983 to make
provision for the removal of regenerative tissue from the body of a child who is not
capable of understanding the nature and effect of such removal and the intended
effect of its proposed transplantation in certain circumstances where the risk to the
child is minimal and the sibling of the child is likely to die or suffer serious and
irreversible damage to his or her health unless the tissue is used in his or her
treatment. Schedule 2 [2], [4] and [6]–[8] contain consequential amendments.

Schedule 2 [5] and [12] make statute law revision amendments.

Schedule 2 [10] amends the Human Tissue Act 1983 to provide that the medical
practitioners who may certify death prior to the removal of tissue from a deceased
person’s body must not be involved in the removal of tissue from the deceased
person’s body for the purposes of its transplantation or be responsible for the primary
care of the intended recipient of the tissue.

Schedule 2 [11] amends the Human Tissue Act 1983 to allow authorised persons, in
addition to medical practitioners, to remove musculoskeletal tissue from a deceased
person for the purpose of the transplantation of that tissue.

Schedule 2 [13] amends the Human Tissue Act 1983 to provide that the Act does not
prevent the use of small samples of tissue, that are lawfully removed, for carrying out
analyses or tests that are part of a program to ensure, or improve, the quality of
services carried out at a hospital, a forensic institution, a laboratory, an educational
or research institution or by a supplier of blood or blood products, or that are
necessary for the delivery of services carried out at or by these bodies or for the
accreditation under any Act of these bodies.

Schedule 3 Amendment of Podiatrists Act 2003
No 69
Schedule 3 amends the Podiatrists Act 2003 to allow regulations to be made in
relation to infection control standards to be followed by podiatrists.

Schedule 4 Amendment of Poisons and Therapeutic
Goods Act 1966 No 31
Schedule 4 [1] substitutes section 28 of the Poisons and Therapeutic Goods Act 1966
to specify the types of drugs of addiction that may be prescribed for continuous
therapeutic use only with the authority of the Director-General of the Department of
Health.

Schedule 4 [2] amends the Poisons and Therapeutic Goods Act 1966 to allow the
Director-General of the Department of Health a discretion in respect of whether an
authority to prescribe or supply drugs specifies the maximum quantity of the drug
that may be prescribed or supplied or the period for which any drugs may be
prescribed or supplied (it is currently mandatory for these details to be included in
any such authorisation).

Schedule 5 Amendment of Poisons and Therapeutic
Goods Regulation 2002
Schedule 5 amends the Poisons and Therapeutic Goods Regulation 2002 to specify
the types of drugs of addiction that may be prescribed for continuous therapeutic use
only with the authority of the Director-General of the Department of Health.

Schedule 6 Amendment of Public Health Act 1991
No 10
Schedule 6 [1] amends the Public Health Act 1991 to provide that a registered nurse
may carry out surgical debridement of hypertrophic tissue of the foot using a sharp
instrument if the debridement is carried out to the extent necessary to provide
immediate relief from pain or discomfort (the Act does not currently allow this but
provides a defence to prosecution in such circumstances). Schedule 6 [2] makes a
consequential amendment.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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