Health Service Establishments Act 2006

Health Service Establishments Act 2006

This Act may be cited as the Health Service Establishments Act 2006.

This Act commences on a day to be proclaimed.

In this Act, unless the contrary intention appears – Advisory Committee means the Health Service Establishments Advisory Committee established under section 6; application means – an application for a licence under section 9; or an application for transfer of a licence under section 19; or an application to alter or extend an establishment under section 20; or an application for amendment of a licence under section 22; commencement date means the date fixed by proclamation under section 2; day-procedure centre means an establishment at which any patient is admitted and discharged on the same day for medical, surgical or other treatment, but does not include – any such establishment conducted by or on behalf of the State; or a public hospital or health service under the control of a public health organisation within the meaning of the Health Act 1997; or a private hospital licensed under this Act; or a residential care service; director of nursing means the director of nursing of an establishment as referred to in section 39; establishment means – a day-procedure centre; or a private hospital; or a residential care service; former Act means the Hospitals Act 1918; funded resident means a resident of a residential care service whose care is partly or fully funded, either directly or indirectly, by the Commonwealth or a State or Territory of the Commonwealth; licence means a licence issued under section 12 and in force under this Act, and includes a temporary licence; licensee means the holder, or any one or more of the holders, for the time being of a licence; licensed establishment means an establishment in respect of which a licence has been issued under this Act; licensing standards means the standards prescribed by the regulations; member means a member of an Advisory Committee appointed under section 6; patient means – in respect of a private hospital, a person accommodated in the private hospital for treatment; or in respect of a day-procedure centre, a person admitted to the day-procedure centre for treatment; or a person for whom any residential care service is provided; personal care means – assistance with one or more of the following:bathing, showering or personal hygiene; dressing or undressing; meals; or physical assistance or supervision for persons subject to a disability; or assistance or supervision in dispensing medicine; or the provision of substantial emotional support; practitioner means a medical practitioner or a dentist; premises includes any land, building and part of any building; private hospital means premises at which any patient is provided with accommodation, medical, surgical or other treatment and with ancillary nursing care, for fee, gain or reward, but does not include – an establishment conducted by or on behalf of the State; or a day-procedure centre; or a residential care service; professional attention means – medical or surgical treatment by or under the supervision of a registered medical practitioner; or obstetric treatment by or under the supervision of a registered medical practitioner or a registered nurse with obstetric qualifications; or dental treatment by or under the supervision of a registered dental practitioner; or podiatric treatment by a registered podiatrist; public hospital means a State-funded hospital; register of patients means the register that is required by section 42 to be kept at an establishment; residential care service means premises where accommodation and personal care or nursing care are provided to an elderly person who is not a member of the immediate family of the proprietor of the service, but does not include a service providing accommodation for persons otherwise living independently even though the provision of accommodation may or may not include domestic services such as the preparation of meals, cleaning and laundry services;Secretary means the Secretary of the Department; temporary licence means a licence issued under section 13 and in force under this Act; type A procedure means a procedure involving professional attention normally requiring admitted overnight hospital stay; type B procedure means a procedure involving professional attention normally requiring admitted hospital treatment that does not include part of an overnight stay; type C procedure means a procedure involving professional attention that does not normally require admitted hospital treatment.

A reference in this Act to medical, surgical or other treatment includes a reference to a diagnosis for the purposes of any such treatment.

A reference in this Act to the conduct of an establishment (however expressed) is a reference to the carrying on of the business of the establishment.

A reference in this Act to a person who conducts an establishment (however expressed) is a reference – to a corporation which conducts the establishment, except where that corporation is acting only in its capacity as an agent; or to a natural person who conducts the establishment (whether jointly with other persons or alone), except where that person is acting only in the person’s capacity as an employee or an agent.

For the purposes of this Act, a corporation is not a fit and proper person to be a licensee unless each director and each person concerned in the management of the corporation is a fit and proper person to be a licensee.

The objects of this Act are to ensure –

the quality and safety of services provided at private health establishments by specifying the standards to be met by those establishments; and that services are provided to meet effectively the needs of Tasmanians in accordance with clinical practice guidelines as to the provision of services and standards observed in Tasmania and elsewhere in Australia.

Premises where type A procedures are undertaken require licensing as a private hospital.

Premises where type B procedures but no type A procedures are undertaken require licensing as a day-procedure centre whether or not any type C procedures are undertaken.

Any premises where only type C procedures are undertaken do not require licensing as a private hospital or a day-procedure centre unless the Secretary is satisfied that, having regard to considerations of public safety and the quality of service to be provided, the premises should be licensed as a private hospital or a day-procedure centre.

Any premises where no type A, type B or type C procedures are undertaken do not require licensing as a private hospital or a day-procedure centre unless the Secretary is satisfied that, having regard to considerations of public safety and the quality of service to be provided, the premises should be licensed as a private hospital or a day-procedure centre.

A residential care service is required to be licensed unless – the services are provided only to funded residents; or in a case where the services are provided to funded residents and residents who are not funded, the Secretary certifies in writing that he or she is satisfied that the same standards of care are, or will be, provided to all residents of the service.

The Secretary may exempt a residential care service from the requirement to be licensed if the Secretary is satisfied that – the residential care service does not provide, or is unlikely to provide, nursing care service for its residents; and a council has given approval for the service to be provided; and there are plans for fire safety and evacuation acceptable to the Tasmania Fire Service; and there are appropriate arrangements to facilitate access to any medical and nursing services as may be required by any resident; and there are acceptable guidelines to be observed for the management of medication for residents.

The Secretary may, by order published in the Gazette, declare that any premises where a service is provided, for which funding is provided by the State, is exempt from the requirement to be licensed.

The Secretary may not exempt a public hospital from the requirement to be licensed unless he or she is satisfied that administrative arrangements are in place which will enable the public hospital to provide substantially the same quality of service as is required of private hospitals under this Act.

There is established by this Act the Health Service Establishments Advisory Committee.

The Advisory Committee is to consist of at least 3 and no more than 7 members, as the Minister may determine.

The members are to be appointed by the Minister.

Of the members – at least one is to be a State Service officer or a State Service employee; and at least one is to be a person nominated by the private hospital industry; and one is to be a person who is not concerned in the management of an establishment and who is nominated by the Minister to represent the interests of the persons for whom services are provided by establishments.

Schedule 1 has effect with respect to the members and procedure of the Advisory Committee.

The functions of the Advisory Committee are –

to provide advice to the Secretary in respect of applications for approval for new, altered or expanded private hospital services or services to be provided by other establishments taking account of – any relevant hospital services planning guidelines; and the critical mass of patients required to comply with clinical practice recognised throughout Australia and with any guidelines as to the provision of services which are so recognised; and any other similar matter that the Advisory Committee considers to be supported by expert opinion; and the current availability of services in the local area; and the suitability of the applicant to provide any such services; and to prepare such reports for the Minister, giving such advice, as may be required by the Minister from time to time.

The Advisory Committee may establish subcommittees to assist it in connection with the performance of any of its functions, and any or all of the members of a subcommittee need not be members of the Advisory Committee.

The procedure for the calling of meetings of a subcommittee and for the conduct of business at those meetings are to be as determined by the Advisory Committee or, subject to any determination of the Advisory Committee, by the subcommittee.

An application for a licence for an establishment may be made to the Secretary by a person who intends to conduct the establishment.

The application – is to be in accordance with a form approved by the Secretary; and is to specify the class or classes of establishments in respect of which the licence is sought; and in the case of a proposed private hospital, is to specify the maximum number of patients that it is proposed to accommodate overnight at any one time at the hospital; and in the case of a proposed day-procedure centre, is to specify the number of procedure rooms that are proposed to be provided at the centre; and in the case of a proposed residential care service, is to specify the maximum number of residents to be accommodated; and is to be accompanied by such particulars as to the establishment and the conduct of the establishment as the Secretary may require; and is to be accompanied by the prescribed application fee.

The Secretary must, after considering an application for a licence under section 9 – approve the application in principle; or refuse the application.

The Secretary may impose conditions on an approval of an application in principle, including, but not limited to – conditions relating to the design and construction of any building to be constructed, altered or extended for the purposes of the proposed establishment; and the preparation and submission to the Secretary of a development timetable for any such building specifying the dates by which it is proposed that different stages in construction, alteration or extension will be completed.

The Secretary may refuse an application for a licence only if – the Secretary is of the opinion that the applicant, or any of the applicants, is not a fit and proper person to be a licensee; or the Secretary is satisfied that the proposed establishment is not capable of being conducted in accordance with the licensing standards applicable to it; or the Secretary is of the opinion that the application should be refused having regard to such development guidelines as may be prescribed by the regulations; or the Secretary is of the opinion that the proposed establishment will have insufficient patients to ensure a critical mass for the maintenance of skills or the recruitment and retention of specialist staff.

A decision on the limiting of specialty services is to be based on clinical considerations relating to service quality and is to be consistent with established clinical practice and guidelines relating to specialty service planning published by the Australian Health Ministers Advisory Committee, the Medicare Services Advisory Committee, the National Health and Medical Research Council, the Royal Colleges, any health authority established in any other State or a Territory or any other similar body or authority.

The Secretary, in approving a licence in principle, is to state the type of specialty service authorised to be provided under the licence and any conditions for the provision of that service.

If the Secretary approves an application in principle, the Secretary is to give the applicant written notice of that approval and any conditions to which the approval is subject.

An approval in principle of an application for a licence is effective for a period of one year from the date on which the applicant is given notice of that approval under section 10(6) and for any such further period or periods as the Secretary may, at the request of the applicant, allow.

More than one request may be made by an applicant under subsection (1), but any such request is to be made while the approval in principle of the application is effective.

If the Secretary has, as a condition of an approval in principle of an application, required the applicant to provide particulars of how the establishment is to be conducted, the Secretary may grant an extension of the period for which that approval is effective only if the Secretary is satisfied that the applicant has made a reasonable attempt to comply with that condition.