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 nurse practitioners) 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.

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

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

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 nurse practitioner in subsection 84 (1) of the Act, all kinds of medical practitioner are specified.

Part 2 Collaborative arrangements

5 Collaborative arrangements — general

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

(a) the nurse practitioner is employed or engaged by 1 or more specified medical practitioners, or by an entity that employs or engages 1 or more specified medical practitioners;

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

(d) an arrangement mentioned in section 7 for the nurse practitioner.

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

(a) consultation between the nurse practitioner and a medical practitioner; and

(b) referral of a patient to a 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 nurse practitioner and 1 or more specified medical practitioners

(1) An agreement may be made between:

(a) an eligible nurse practitioner; and

(b) 1 or more specified medical practitioners.

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

7 Arrangement — nurse practitioner’s written records

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

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

(b) that the nurse practitioner has told the patient that the nurse practitioner will be providing 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 nurse practitioner will do any of the following:

(i) consult with a medical practitioner;

(ii) refer the patient to a medical practitioner;

(iii) transfer the patient’s care to a medical practitioner;

(e) any consultation or other communication between the nurse practitioner and a medical practitioner about the patient’s care;

(f) any transfer by the nurse practitioner of the patient’s care to a medical practitioner;

(g) any referral of the patient by the nurse practitioner to a medical practitioner;

(h) if the nurse practitioner gives a copy of a document mentioned in subsection (2) or (3) to a named medical practitioner — when the copy is given;

(i) if the nurse practitioner gives a copy of a document mentioned in subsection (4) or (5) to the patient’s usual general practitioner — when the copy is given.

(2) If the nurse practitioner refers the patient to a specialist or consultant physician, or if the nurse practitioner requests diagnostic imaging or pathology services for the patient, the nurse practitioner must give a copy of the referral, or the results of the services, to a named medical practitioner if:

(a) the nurse practitioner:

(i) consults with the named medical practitioner; or

(ii) refers the patient to the named medical practitioner; or

(iii) transfers the patient’s care to the named medical practitioner; and

(b) the named medical practitioner asks the nurse practitioner for a copy of the referral or results.

(3) Also, the nurse practitioner must give a named medical practitioner a record of the services provided by the nurse practitioner to the patient if:

(a) the nurse practitioner:

(i) consults with the named medical practitioner; or

(ii) refers the patient to the named medical practitioner; or

(iii) transfers the patient’s care to the named medical practitioner; and

(b) the named medical practitioner asks the nurse practitioner for the record.

(4) If the nurse practitioner refers the patient to a specialist or consultant physician, or requests diagnostic imaging or pathology services for the patient, and the patient’s usual general practitioner is not a named medical practitioner, the nurse practitioner must give a copy of the referral, or the results of the services, to the patient’s usual general practitioner.

(5) Also, if the patient’s usual general practitioner is not a named medical practitioner, the nurse practitioner must give the patient’s usual general practitioner a record of the services provided by the nurse practitioner to the patient.

(6) However, subsections (4) and (5) apply only if the patient consents.

(7) In this section:

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