National Health Act (Collaborative Arrangements for Midwives) Determination 2010

Part 1 Preliminary

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 2 Collaborative 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) the midwife is employed or engaged by 1 or more obstetric specified medical practitioners, or by an entity that employs or engages 1 or more obstetric specified medical practitioners;

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

(d) an arrangement mentioned in section 7 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

(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.

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;

(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;

(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.