National Law

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National Law

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1. National Law

2. Outline… Overview of national scheme Role of National Boards Role of Australian Health Practitioner Regulation Agency (AHPRA) Obligations of health practitioners Panels & Tribunals

4. Structure Ministerial Council Advisory Council AHPRA (Agency) National Boards (& State Committees) Accreditation bodies

5. The new Scheme

6. The Australian Health Workforce Advisory Council Function of Advisory Council Provide independent advice to the Ministerial Council about the following— (a) any matter relating to the national registration and accreditation scheme that is referred to it by the Ministerial Council; (b) if asked by the Ministerial Council, any matter relating to the national registration and accreditation scheme on which the Ministerial Council has been unable to reach a decision; (c) any other matter relating to the national registration and accreditation scheme that it considers appropriate. (2) Advice under this section cannot be about— (a) a particular person; or (b) a particular qualification; or (c) a particular application, notification or proceeding.

7. Functions of National Agency s 25 a) to provide administrative assistance and support to the National Boards, and the Boards’ committees, in exercising their functions; (b) in consultation with the National Boards, to develop & administer procedures for the purpose of ensuring the efficient and effective operation of the National Boards; (c) to establish procedures for the development of accreditation standards, registration standards and codes & guidelines approved by National Boards, for the purpose of ensuring the national registration and accreditation scheme operates in accordance with good regulatory practice; (d) to negotiate in good faith with, and attempt to come to an agreement with, each National Board on the terms of a health profession agreement; (e) to establish and administer an efficient procedure for receiving and dealing with applications for registration (f) in conjunction with the National Boards, to keep up-to- date and publicly accessible national registers of registered health practitioners for each health profession; (g) in conjunction with the National Boards, to keep up-to-date national registers of students for each health profession; (h) to keep an up-to-date and publicly accessible list of approved programs of study for each health profession; (i) to establish an efficient procedure for receiving and dealing with notifications against persons who are or were registered health practitioners and persons who are students, including by establishing a national process for receiving notifications about registered health practitioners in all professions; (j) to provide advice to the Ministerial Council in connection with the administration of the national registration and accreditation scheme; (k) if asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the administration of the national registration and accreditation scheme; (l) any other function given to the National Agency by or under this Law.

8. Reforms …. Eight States and Territories >85 health profession boards 66 Acts of Parliament

9. Reforms …. One national scheme 10 health profession boards Acts of Parliament in each State and Territory Australian Health Practitioner Regulation Act (National Law)

10. Guiding principles… national scheme operate in transparent, accountable, efficient, effective and fair way registration fees to be reasonable having regard to the efficient and effective operation of the scheme restrictions on practice only if necessary to ensure health services provided safely & of appropriate quality These three principles were set by governments when deciding to establish the national scheme These three principles were set by governments when deciding to establish the national scheme

11. Purpose of National Law Objectives Establishes a national registration and accreditation scheme Regulation of health professionals Registration of students Protection of the public Facilitate workforce mobility High quality education Rigorous assessment of overseas trained health practitioners These three principles were set by governments when deciding to establish the national scheme These three principles were set by governments when deciding to establish the national scheme

12. In practise… Mobility: Register once, practise across Australia Uniformity: Consistent national standards – registration and professional conduct Efficiency: Less red tape - streamlined, effective Collaboration: Sharing, learning and understanding between professions National online registers – showing current conditions on practice (except health) National online registers of all registered health practitioners with any current conditions on practice available online Sharing of regulatory expertise across health professions More effective and efficient regulation through economies of scale and consistent streamlined procedures and national IT systems Consistent access to regulation services across Australia, for boards, committees, registrants, and the public National online registers of all registered health practitioners with any current conditions on practice available online Sharing of regulatory expertise across health professions More effective and efficient regulation through economies of scale and consistent streamlined procedures and national IT systems Consistent access to regulation services across Australia, for boards, committees, registrants, and the public

13. Key features… National system for health practitioner regulation One National Law covering all health practitioners Ten National Boards to exercise regulatory functions Australian Health Practitioner Regulation Agency (AHPRA) to support Boards

14. Health Professions… July 2010 chiropractors dental care (including dentists, dental hygienists, dental prosthetists & dental therapists), medical practitioners nurses and midwives optometrists osteopaths pharmacists physiotherapists podiatrists psychologists

15. Board Functions … Registration requirements for registration or endorsement including supervised practice register and impose conditions Standards, codes and guidelines accreditation standards developed and submitted to it by an accreditation authority registration standards for approval by the Ministerial Council

16. Board Functions (Contd) Notification oversee receipt, assessment and investigation, monitoring conditions, undertakings and suspensions Establish panels to conduct hearings health and performance and professional standards health matters for registered students Refer matters to a Tribunal

17. Registrants – reportable events Must notify within 7 days if: Charged with an offence punishable by 12 months imprisonment Convicted or found guilty of offence punishable by imprisonment PI insurance no longer in place Right to practise withdrawn or restricted Authority re scheduled medicine cancelled or restricted Complaint is made to health services commissioner Registration subject to conditions, cancelled or suspended in another country

18. Annual statement of registrants No impairment Met recency of practice & CPD Not practised without appropriate PI insurance and will not in the future Change in details of criminal history Right to practice not changed Billing privileges Medicare Any complaint to a registration entity, to AHPRA or health services commissioner

19. Mandatory notifications… Practitioners and employers must report Registrant who they believe has engaged in notifiable conduct (some exceptions) Belief formed through the practice of the profession

20. 20 Mandatory reporting Registered health practitioner If formed a reasonable belief As soon as practicable must notify If does not notify – disciplinary matter Employer If formed a reasonable belief as soon as … If Agency becomes aware employer has not notified must report to the Minister

21. Mandatory notifications… Notifiable conduct practising while intoxicated by drugs or alcohol engaging in sexual misconduct in professional practice placing the public at risk of substantial harm through a physical or mental impairment affecting practice placing the public at risk of harm through a substantial departure from accepted professional standards

22. Students & mandatory reporting Education provider must notify National Agency if A student has an impairment that may place the public at substantial risk or harm Failure to comply may result in publicity on the website or publication in the A3gency’s annual report.

23. Conduct Definitions …. Professional conduct - lesser standard Performance – knowledge skill or judgement below standard Professional misconduct substantially below, more than one instance of unprofessional conduct , personal or professional behaviour where not a fit and proper person. Impairment – health practitioners and students

24. Student registration ( Division 7) National board must register persons undertaking approved program of study Likelihood of contact with the public & the risk to the public Education providers must comply with notice to produce names If fails to comply publish fact on website

25. Student registration contd… No fee Notice to be given to educator provider if national board suspends student Places a condition on student registration

26. Panels ... Performance, standards & conduct Impairment Outcomes Caution Reprimand – on public register Conditions - on public register

27. Tribunals … Decision makers at first instance Professional misconduct Registration obtained by fraud Powers Caution or reprimand Impose conditions Fine Suspend Cancel

28. Appeals to Tribunal … Board decision Refusal to register, renew, endorse Imposition of conditions ie registration and disciplinary Refusal to remove or change a condition Suspension Powers Confirm, amend, substitute award costs

29. What about now … Automatic transition for practitioners who were registered on 30 June 2010 Public register active including conditions Standards, codes and guidelines established Registration renewal processed after 1 July managed by AHPRA (new national registration renewal process) Current registration continues until expiry Massive exercise in data transfer and logistics: 85? > 10 Health Practitioner Registers Process in place to resolve anomalies (especially dual/ multiple registration) Close partnership with existing boards to support safe transition Massive exercise in data transfer and logistics: 85? > 10 Health Practitioner Registers Process in place to resolve anomalies (especially dual/ multiple registration) Close partnership with existing boards to support safe transition

30. More information… Website – ahpra.gov.au medicalboard.gov.au Australian Health Practitioner Regulation Agency PO Box 9958 Melbourne, VICTORIA 3001 Call Centre 1300 088 590 or by email to: [email protected]

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