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Determinations/Health as amended, taking into account amendments up to National Health (Collaborative arrangements for midwives) Amendment Determination 2013
Administered by: Health
Registered 24 Oct 2013
Start Date 01 Sep 2013

Commonwealth Coat of Arms

National Health (Collaborative arrangements for midwives) Determination 2010

as amended

made under subsection 84(1) of the

National Health Act 1953

Compilation start date:                     1 September 2013

Includes amendments up to:            National Health (Collaborative arrangements for midwives) Amendment Determination 2013

 

About this compilation

This compilation

This is a compilation of the National Health (Collaborative arrangements for midwives) Determination 2010 as in force on 1 September 2013. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 22 October 2013.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

 

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name of Determination................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Definitions..................................................................................................................... 1

4............ Specified medical practitioners...................................................................................... 1

Part 2—Collaborative arrangements                                                                                                   2

5............ Collaborative arrangements—general............................................................................ 2

6............ Agreement between eligible midwife and 1 or more specified medical practitioners..... 2

7............ Arrangement—midwife’s written records..................................................................... 3

8............ Arrangement—midwife credentialed for a hospital....................................................... 4

Endnotes                                                                                                                                                                 5

Endnote 1—About the endnotes                                                                                                        5

Endnote 2—Abbreviation key                                                                                                            6

Endnote 3—Legislation history                                                                                                         7

Endnote 4—Amendment history                                                                                                       8

Endnote 5—Uncommenced amendments [none]                                                                       9

Endnote 6—Modifications [none]                                                                                                     9

Endnote 7—Misdescribed amendments [none]                                                                          9

Endnote 8—Miscellaneous [none]                                                                                                    9

 


Part 1Preliminary

  

1  Name of Determination

                   This Determination is the National Health (Collaborative arrangements for midwives) Determination 2010.

2  Commencement

                   This Determination commences on the later of the following:

                     (a)  1 July 2010;

                     (b)  the day after it is registered.

3  Definitions

                   In this Determination:

Act means the National Health Act 1953.

collaborative arrangement means a collaborative arrangement mentioned in section 5.

medical practitioner has the meaning given by subsection 3(1) of the Health Insurance Act 1973.

obstetrician means a medical practitioner who is a specialist in the specialty of obstetrics and gynaecology (however described).

obstetric specified medical practitioner means a medical practitioner mentioned in paragraph 4(a) or (b).

specialist has the meaning given by subsection 3(1) of the Health Insurance Act 1973.

specified medical practitioner means a medical practitioner mentioned in section 4.

4  Specified medical practitioners

                   For the definition of authorised midwife in subsection 84(1) of the Act, the following kinds of medical practitioner are specified:

                     (a)  an obstetrician;

                     (b)  a medical practitioner who provides obstetric services;

                     (c)  a medical practitioner employed or engaged by a hospital authority and authorised by the hospital authority to participate in a collaborative arrangement.

Part 2Collaborative arrangements

  

5  Collaborative arrangements—general

             (1)  For the definition of authorised midwife in subsection 84(1) of the Act, each of the following is a kind of collaborative arrangement for an eligible midwife:

                     (a)  an arrangement under which the midwife:

                              (i)  is employed or engaged by one or more obstetric specified medical practitioners, or by an entity that employs or engages one or more obstetric specified medical practitioners; or

                             (ii)  has an agreement, in writing, with an entity, other than a hospital, that employs or engages one or more obstetric specified medical practitioners;

                     (b)  a patient is referred, in writing, to the midwife for midwifery treatment by a specified medical practitioner;

                     (c)  an agreement mentioned in section 6 for the midwife;

                     (d)  an arrangement mentioned in section 7 for the midwife;

                     (e)  an arrangement mentioned in section 8 for the midwife.

             (2)  For subsection (1), the arrangement must provide for:

                     (a)  consultation between the midwife and an obstetric specified medical practitioner; and

                     (b)  referral of a patient to a specified medical practitioner; and

                     (c)  transfer of a patient’s care to an obstetric specified medical practitioner.

             (3)  A collaborative arrangement, other than an arrangement mentioned in section 7, may apply to more than 1 patient.

             (4)  However, an acknowledgement mentioned in paragraph 7(1)(c) may apply for more than 1 patient.

             (5)  To avoid doubt, a collaborative arrangement may involve a specified medical practitioner who is in private practice or in the public sector.

6  Agreement between eligible midwife and 1 or more specified medical practitioners

             (1)  An agreement may be made between:

                     (a)  an eligible midwife; and

                     (b)  1 or more specified medical practitioners.

             (2)  The agreement must be in writing and signed by the eligible midwife and the other parties mentioned in paragraph (1)(b).

7  Arrangement—midwife’s written records

             (1)  An eligible midwife must record the following for a patient in the midwife’s written records:

                     (a)  the name of at least 1 specified medical practitioner who is, or will be, collaborating with the midwife in the patient’s care (a named medical practitioner);

                     (b)  that the midwife has told the patient that the midwife will be providing midwifery services to the patient in collaboration with 1 or more specified medical practitioners in accordance with this section;

                     (c)  acknowledgement by a named medical practitioner that the practitioner will be collaborating in the patient’s care;

                     (d)  plans for the circumstances in which the midwife will do any of the following:

                              (i)  consult with an obstetric specified medical practitioner;

                             (ii)  refer the patient to a specified medical practitioner;

                            (iii)  transfer the patient’s care to an obstetric specified medical practitioner.

             (2)  The midwife must also record the following in the midwife’s written records:

                     (a)  any consultation or other communication between the midwife and an obstetric specified medical practitioner about the patient’s care;

                     (b)  any referral of the patient by the midwife to a specified medical practitioner;

                     (c)  any transfer by the midwife of the patient’s care to an obstetric specified medical practitioner;

                     (d)  when the midwife gives a copy of the hospital booking letter (however described) for the patient to a named medical practitioner—acknowledgement that the named medical practitioner has received the copy;

                     (e)  when the midwife gives a copy of the patient’s maternity care plan prepared by the midwife to a named medical practitioner—acknowledgement that the named medical practitioner has received the copy;

                      (f)  if the midwife requests diagnostic imaging or pathology services for the patient—when the midwife gives the results of the services to a named medical practitioner;

                     (g)  that the midwife has given a discharge summary (however described) at the end of the midwife’s care for the patient to:

                              (i)  a named medical practitioner; and

                             (ii)  the patient’s usual general practitioner.

             (3)  In this section:

usual general practitioner, for a patient, includes a medical practitioner nominated by the patient.

8  Arrangement—midwife credentialed for a hospital

             (1)  For subsection 5(1)(e), in relation to a hospital, an eligible midwife is:

                     (a)  credentialed to provide midwifery services after successfully completing a formal process to assess the midwife’s competence, performance and professional suitability; and

                     (b)  given clinical privileges for a defined scope of clinical practice for the hospital; and

                     (c)  permitted to provide midwifery care to his or her own patients at the hospital.

             (2)  The hospital must employ or engage one or more obstetric specified medical practitioners.


Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

 

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

 

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

 

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

 

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

 

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub‑Ch = Sub‑Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)
/sub‑subparagraph(s)

 

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

National Health (Collaborative arrangements for midwives) Determination 2010

16 July 2010 (see F2010L02105)

17 July 2010 (see s 2(b))

 

National Health (Collaborative arrangements for midwives) Amendment Determination 2013

31 July 2013 (see F2013L01485)

(a)

 

(a)             Section 2 of National Health (Collaborative arrangements for midwives) Amendment Determination 2013 provides as follows:

                     2.  Commencement

                          This determination commences immediately after the commencement of the Health Insurance Amendment (Midwives) Regulations 2013.

                  The Health Insurance Amendment (Midwives) Regulation 2013 commenced on 1 September 2013.

Endnote 4—Amendment history

 

Provision affected

How affected

Pt 2

 

s 5........................................

am F2013L01485

s 8........................................

ad F2013L01485

 

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]