Health care professional regulatory bodies Health Professions Registration Act 2005 On 1 July 2007 the Health Professions Registration Act ...
Health care professional regulatory bodies Health Professions Registration Act 2005 On 1 July 2007 the Health Professions Registration Act 2005 ('the Health Professions Act') came into force as an omnibus Act to unify the system of registration for health care professionals, as well as to create a common system of registration for investigations and hearings in relation to professional performance, professional conduct and the ability of registered health care professionals to practise. 'Responsible Boards' include those boards established under each of the 11 different health care professional Acts, such as the Medical Practice Act 1994 and Nurses Act 1993
, which have now all been repealed and replaced by the Health Professions Act. The Health Professions Act also provides for the registration of students, however this is at the responsible board's discretion and so far the Nurses Board has decided not to proceed with student registration. Some of the functions of responsible boards under this Act include approving courses of study that provide qualifications; regulating the standards of practice; investigating professional conduct, professional performance or the ability to practice; issuing and publishing codes for the guidance of registered health care professionals as to standards recommended by the responsible board relating to the provision of health services and professional performance; and initiating, promoting, supporting, funding or participating in programmes that the responsible board considers will improve health care professionals' ability to practise. The Health Professions Act introduces revised definitions of 'professional misconduct' and 'unprofessional conduct' and introduces a common system for making complaints ('notifications'). This is covered under section 42 of this Act, and applies to registered students as well as registered health care professionals. It provides that a person may notify the responsible board of concerns in relation to the conduct, performance, health, behaviour or character of a health care professional or a health care professional student. Hearings may be held by professional standards panel or health panel appointed by the relevant board on behalf of the responsible board following an investigation. The matter may be referred to VCAT if it raises serious concerns about a health care professional's professional performance, conduct or ability.
52 Statutory obligations of health care professionals Introduction Some legislation imposes obligations on health care professionals. A breach of statutory obligations usually imposes a fine, termed in penalty units. One penalty unit is currently equivalent to $110.12. Statutory fines are not covered by the VMIA's policy of insurance for public hospitals and as such will be payable by the individual health care professional in breach of the law.106 The following are some examples of statutory obligations. Road Safety Act 1986 Under the Road Safety Act 1986 if a patient over the age of 15 presents for treatment following a motor vehicle accident, whether or not he or she was the driver, he or she must allow a medical practitioner to perform a blood alcohol test.107 This is a circumstance where consent of the patient is not required. The medical practitioner must report the results of these tests (with or without the patient's consent).
Note that this Act only authorises medical practitioners to take blood samples, although a nurse may do so if he or she receives approval in writing from the Director of the Victorian Institute of Forensic Medicine. This is an individual approval and the Director must be of the opinion that the person has the appropriate qualifications, training and experience to take the sample. Health Act 1958 Section 127 of the Health Act 1958 requires that a registered medical practitioner must not carry out or authorise the carrying out of a HIV test unless the registered medical practitioner has given, or is satisfied that the person requesting the test has been given, information about the medical and social consequences of the test. If the test is positive then that person must not be advised of the results of the test except by and in the presence of a registered medical practitioner or a person of a prescribed class.108 The penalty is 10 penalty units.
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