Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationssubstitute
Schedule 1 Regulated professions
(see s 4)
|
column 1 item |
column 2 health profession board |
column 3 health profession |
column 4 relevant schedule |
|---|---|---|---|
| 1 | ACT Medical Board | medical practitioners | 2 |
2 | ACT Nursing and Midwifery Board | nurses | 3 |
| 3 | ACT Nursing and Midwifery Board | midwives | 4 |
| 4 | ACT Pharmacy Board | pharmacists |
5 |
| 5 | ACT Dental Board | dentists, dental hygienists and dental therapists | 6 |
| 6 | ACT Psychologists Board | psychologists | 7 |
| 7 | ACT Dental Technicians and Dental Prosthetists Board | dental technicians and dental prosthetists | 8 |
| 8 | ACT Podiatrists Board | podiatrists | 9 |
9 | ACT Physiotherapists Board | physiotherapists | 10 |
| 10 | ACT Optometrists Board | optometrists | 11 |
| 11 | ACT Veterinary Surgeons Board | veterinary surgeons | 12 |
Schedule 2 Medical practitioners
(see s 4 and sch 1)
2.1 General area of operation of medical profession—Act, s 22 (1) (a)
The practice of medicine by a medical practitioner involves a service, attendance or operation, or the giving of advice, that includes 1 or more of the following:
(a) diagnosis of medical conditions;
(b) prescribing or administration of medication;
(c) invasive procedures or other therapy;
(d) the management, prognostication or treatment of a patient resulting in written or documented medical opinion being offered that affects the diagnosis or management of a patient;
(e) an examination or assessment for medico-legal purposes.
2.2 Qualifications as suitability to practise requirements for medical practitioners—Act, s 23 (a)
(1) To practise medicine, a person must—
(a) have recognised medical qualifications; and
(b) have successfully completed a period of supervised training approved in writing by the medical board.
(2) For this section, a person has recognised medical qualifications if the person—
(a) is a graduate of a medical school (whether in or outside Australia) approved in writing by the medical board; or
(b) has successfully completed examinations held by the Australian Medical Council; or
(c) has graduated from a medical school accredited by the Australian Medical Council.
2.3 Mental and physical health as suitability to practise requirements—Act, s 23 (b)
To practise medicine, a person must have—
(a) adequate physical capacity, mental capacity and skill to practise medicine; and
(b) communication skills that allow the person to practise medicine effectively without endangering patients.
Note Under the Act, s 37 (1) (b), the person must have a knowledge of written and spoken English that is adequate to allow the person to practise medicine.
2.4 Specialist areas and suitability to practise requirements—Act, s 23 (c)
(1) Each of the areas mentioned in table 2.4, column 2 is a specialist area.
(2) Each of the areas mentioned in table 2.4, column 3 is a sub-specialist area of the specialist area to which it relates.
(3) A person meets the requirements for registration in a specialist area of medicine if—
(a) the person—
(i) is registered under the Act; and
(ii) has a qualification mentioned in table 2.4, column 4 in a specialist area of medicine mentioned in column 2; or
(b) the person—
(i) graduated in medicine, whether from an Australian institution, or otherwise; and
(ii) holds a qualification in a specialist area of medicine awarded by an educational institution outside Australia; and
(iii) the qualification is approved in writing by an entity accredited by the Australian Medical Council, or an entity established to regulate the medical profession under a corresponding law of a local jurisdiction.
(4) A reference in subsection (3) (a) (ii) to a qualification (the "current qualification") mentioned in table 2.4, column 4 in a specialist area of medicine includes a reference to a qualification—
(a) awarded before the current qualification was first awarded; and
(b) that the medical board is satisfied was, at the time it was awarded, an adequate qualification for admission to the specialist area.
Table 2.4 Specialist and sub-specialist areas of medical practice
2.5 Maintenance and demonstration of continued competence, recency of practice and professional development—Act, s 23 (d)
(1) To demonstrate recency of practice at the time of application for registration (including at renewal of registration), the applicant must include in the application—
(a) evidence that the applicant has completed on average at least 10 hours of medical practice each week during the 5-year period before the day the application is made; or
(b) evidence of the applicant's attendance and satisfactory completion of a refresher course approved in writing by the medical board; or
(c) other evidence that demonstrates the applicant's recency of practice.
(2) To demonstrate adequate professional development at the time of application for renewal of registration, the applicant must include in the application—
(a) evidence that the applicant attended a training program approved in writing by the medical board; or
(b) evidence of undertaking, and making satisfactory progress towards completing, a program of continuing medical education that is approved in writing by the board and provided by an Australian medical college; or
(c) for registered medical practitioners who are not members of an Australian medical college—evidence of satisfactory progress of an education program approved in writing by the board; or
(d) other evidence that the applicant has undertaken adequate professional development.
Example for par (b)
At renewal, Mary includes in her application evidence that, during the year, she has earned 4 points towards a continuing medical education package accredited by the board.
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
2.6 Medical board membership—Act, s 24
(1) The medical board is made up of the president and the following people:
(a) 3 elected members;
(b) 5 appointed members, 2 of whom are community representatives.
(2) One of the community representatives must be a lawyer who has been a lawyer for a continuous period of at least 5 years before the day of appointment.
2.7 Required insurance policy—Act, s 37 (1) (d)
(1) A registered medical practitioner must maintain a policy of medical indemnity insurance at a level approved in writing by the medical board.
(2) However, subsection (1) does not apply to a medical practitioner if the medical practitioner—
(a) is covered by medical indemnity insurance other than insurance maintained by the practitioner; and
(b) only practises medicine that is covered by the medical indemnity insurance.
2.8 Application requirements—Act, s 37 (5) (a)
(1) An application for registration as a medical practitioner must be accompanied by each of the following:
(a) an original or certified copy of the applicant's degree or qualification as a medical practitioner or, if the applicant has successfully completed examinations held by the Australian Medical Council (AMC), a certified copy of the AMC assessment;
(b) unless the medical board exempts the applicant in writing, the original certificate issued, not more than 6 months before the day the application is made, by the Australian Federal Police describing the applicant's criminal history (if any);
(c) the original, or a certified copy, of any postgraduate qualifications required for any specialist area the applicant is applying to be registered in;
(d) if the applicant is registered as a medical practitioner in a local jurisdiction—
(i) the original, or a certified copy, of the current certificate of registration as a medical practitioner in the jurisdiction; and
(ii) a copy of an application to the registering authority of a local jurisdiction asking for a certificate of good standing about the applicant to be given to the board, and evidence that the application has been given to the registering authority;
(e) a recent passport-size photograph of the applicant's head and shoulders, signed by the applicant on the back and dated the date the application is made;
(f) if the application is for conditional registration in the public interest because the applicant believes the applicant is someone mentioned in section 117 (1) (c) or (g)—evidence from a medical college that the training is appropriate for the applicant;
(g) if the application is for conditional registration in the public interest because the applicant believes the applicant is someone mentioned in section 117 (1) (d)—evidence that the applicant is an applicant for, or has enrolled in, the examination;
(h) if the application is for conditional registration under section 117 (1) (e)—a letter of offer from the applicant's prospective employer stating the conditions of employment and giving the name of the applicant's proposed supervisor;
(i) if the application is for conditional registration in the public interest because the applicant believes the applicant is someone mentioned in section 117 (1) (f)—
(i) a certificate from the chief executive stating that the position to be filled by the applicant is in an area declared to be an area of unmet need; and
(ii) a letter of offer from the applicant's prospective employer stating the conditions of employment and giving the name of the applicant's proposed supervisor.
(2) In subsection (1) (d) (ii):
"certificate of good standing" about an applicant, given by a registering authority of a local jurisdiction, means a certificate stating—
(a) that the applicant is registered in the jurisdiction; and
(b) whether any condition or restriction applies to the applicant's registration; and
(c) if a condition or restriction applies to the registration—the condition or restriction.
(3) Applicants are to personally provide to the medical board 100 points of evidence of identity as prescribed under the Financial Transaction Reports Regulations 1990 (Cwlth) for general verification.
Example
presentation of a combination of a passport or citizenship certificate or photographic licence (such as a drivers licence), with a social security card, employment ID, a letter from an employer, credit or debit card or Medicare card
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
2.9 Conditional registration of students—Act, s 37 (5) (b)
(1) The medical board may register a person as a medical practitioner if the medical board is satisfied that the person is undertaking, or is about to undertake—
(a) medical study at a medical school in the ACT that is accredited by the Australian Medical Council; or
(b) a clinical placement in the ACT arranged by an educational institution for a course accredited by the Australian Medical Council.
(2) Registration under this section is subject to the condition that the medical practitioner only practises medicine—
(a) as part of the study or placement; and
(b) under the supervision of a registered medical practitioner whose registration entitles the practitioner to practise medicine without supervision.
(3) The medical board may impose any other condition on the registration of the person that it considers appropriate.
(4) The medical board must not determine a fee for registration under this section.
2.10 Short-term conditional registration—Act, s 37 (5) (b)
(1) This section applies to a person if the person has applied for registration as a medical practitioner.
(2) The executive officer may, on behalf of the medical board, register the person if satisfied that—
(a) if the board were to consider the person's application, it would—
(i) register the person unconditionally; or
(ii) register the person conditionally because the person would be entitled to apply for unconditional registration if the person had completed a period of supervised training (which may include internship) that the person has started; and
(b) it is appropriate to conditionally register the person because the board will not meet to consider the application soon.
(3) Registration under this section is subject to—
(a) the condition that it ends on the earlier of—
(i) the day the medical board decides the application for registration; or
(ii) the day 4 weeks after the day the executive officer registers the person under this section; and
(b) any other condition the executive officer considers appropriate.
(4) However, if the medical board decides to register the person, the registration is taken to have begun on the day the executive officer conditionally registered the person.
2.11 Conditional registration for non-practising medical practitioners—Act, s 37 (5) (b)
(1) This section applies if—
(a) a person has applied for registration as a medical practitioner; and
(b) the medical board is satisfied that the person does not intend to practise medicine, whether or not because the person is retired.
(2) The medical board may register the person on condition that the person must not practise medicine.
2.12 Conditional registration in limited circumstances—Act, s 37 (5) (b)
(1) This section applies if—
(a) a person has applied for registration as a medical practitioner; and
(b) the medical board is satisfied that the person does not intend to practise medicine other than as mentioned under subsection (2) , whether or not because the person is retired; and
(c) the person has undertaken approved professional education in relation to prescribing therapeutic substances in the year before the day the application is made.
(2) The medical board may register the person on condition that the person must only practise medicine as follows:
(a) the person may refer a person to another medical practitioner;
(b) the person may prescribe a therapeutic substance if—
(i) the prescription renews a prescription (other than a prescription for a drug of dependence) given by an unrestricted medical practitioner within 6 months before the day the prescription is written; and
Note Unrestricted medical practitioner —see s (4).
(ii) the person undertook approved professional education in relation to prescribing therapeutic substances in the year before the day the prescription is written;
(c) the person may also prescribe a therapeutic substance if—
(i) the prescription is for a patient who requires emergency or temporary medical relief until the patient can be seen by another medical practitioner; and
(ii) the person undertook approved professional education in relation to prescribing therapeutic substances in the year before the day the prescription is written;
(d) the person must not receive a fee or other benefit for providing the service.
(3) The medical board may in writing approve professional education in relation to prescribing therapeutic substances for this section.
(4) In this section:
"unrestricted medical practitioner" means a medical practitioner whose registration allows the medical practitioner to prescribe medicines unconditionally.
2.13 Conditional registration not limited
This schedule does not limit when a medical practitioner may be conditionally registered or the conditions that may be imposed on registration.
2.14 Registration end date—s 121 (c)
The registration end date for a certificate of registration is 30 September following registration.
Schedule 3 Nurses
(see s 4 and sch 1)
3.1 Definitions for sch 3
In this schedule:
"board" means the ACT Nursing and Midwifery Board.
"enrolled" nurse—
(a) means a nurse who is enrolled in accordance with this schedule; and
(b) includes a person enrolled in the specialist area enrolled nurse (medications).
"register" means register other than by enrolment.
Note Register includes enrol (see the Act, dict).
"registered nurse" means a registered nurse other than an enrolled nurse.
3.9 Board membership—Act, s 24
(1) The board is made up of the president and the following people:
(a) 4 elected members;
(b) 4 appointed members.
(2) The elected members must be—
(a) 3 nurses elected by nurses; and
(b) a midwife elected under schedule 4.
(3) The Minister must ensure that the board members appointed (including the president) include the following people:
(a) a registered nurse;
(b) a midwife;
(c) an enrolled nurse;
(d) 2 community representatives.
Schedule 4 Midwives
(see s 4 and sch 1)
4.1 Meaning of board for sch 4
In this schedule:
"board" means the ACT Nursing and Midwifery Board.
4.7 Board membership—Act, s 24
(1) The board is made up as prescribed under schedule 3.
(2) The elected members must include a midwife elected by midwives under this schedule.
Schedule 5 Pharmacists
(see s 4 and sch 1)
5.1 Meaning of board for sch 5
In this schedule:
"board" means the ACT Pharmacy Board.
5.2 Board membership—Act, s 24
(1) The board is made up of the president and the following people:
(a) 3 elected members;
(b) 5 appointed members, 2 of whom are community representatives.
(2) One of the community representatives must be a lawyer who has been a lawyer for a continuous period of at least 5 years before the day of appointment.
Schedule 6 Dentists, dental hygienists and dental therapists
(see s 4 and sch 1)
6.1 Meaning of board for sch 6
In this schedule:
"board" means the ACT Dental Board.
6.2 Board membership—Act, s 24
(1) The board is made up of the president and the following people:
(a) 3 elected members;
(b) 5 appointed members.
(2) The appointed members must be—
(a) a dentist; and
(b) a dental hygienist; and
(c) a dental therapist; and
(d) 2 community representatives.
(3) One of the community representatives must be a lawyer who has been a lawyer for a continuous period of at least 5 years before the day of appointment.
Schedule 7 Psychologists
(see s 4 and sch 1)
7.1 Meaning of board for sch 7
In this schedule:
"board" means the ACT Psychologists Board.
7.2 Board membership—Act, s 24
(1) The board is made up of the president and the following people:
(a) 2 elected members;
(b) 6 appointed members, 2 of whom are community representatives.
(2) One of the community representatives must be a lawyer who has been a lawyer for a continuous period of at least 5 years before the day of appointment.
Schedule 8 Dental Technicians and Dental Prosthetists
(see s 4 and sch 1)
8.1 Meaning of board for sch 8
In this schedule:
"board" means the ACT Dental Technicians and Dental Prosthetists Board.
8.2 Board membership—Act, s 24
(1) The board is made up of 7 appointed members including the president.
(2) The appointed members must be—
(a) 3 dental technicians; and
(b) 3 dental prosthetists; and
(c) 1 community representative.
Schedule 9 Podiatrists
(see s 4 and sch 1)
9.1 Meaning of board for sch 9
In this schedule:
"board" means the ACT Podiatrists Board.
9.2 Board membership—Act, s 24
The board is made up of the president and the following people:
(a) 1 elected member;
(b) 3 appointed members, 1 of whom is a community representative.
Schedule 10 Physiotherapists
(see s 4 and sch 1)
10.1 Meaning of board for sch 10
In this schedule:
"board" means the ACT Physiotherapists Board.
10.2 Board membership—Act, s 24
The board is made up of the president and the following people:
(a) 3 elected members;
(b) 5 appointed members, 1 of whom is a community representative.
Schedule 11 Optometrists
(see s 4 and sch 1)
11.1 Meaning of board for sch 11
In this schedule:
"board" means the ACT Optometrists Board.
11.2 Board membership—Act, s 24
The board is made up of the president and the following people:
(a) 2 elected members;
(b) 2 appointed members, 1 of whom is a community representative.
Schedule 12 Veterinary surgeons
(see s 4 and sch 1)
12.1 Meaning of board for sch 12
In this schedule:
"board" means the ACT Veterinary Surgeons Board.
12.2 Board membership—Act, s 24
The board is made up of the president and the following people:
(a) 3 elected members;
(b) 3 appointed members, 1 of whom is a community representative.