Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Health Insurance Amendment (Diagnostic Imaging Services) Bill 1999
Schedule 1 Amendment of the Health Insurance Act 1973

   

1  At the end of subsection 16B(7)

Add:

             ; and (e)  either:

                              (i)  the service was rendered before the end of one month (or such further period as the Commission allows) after the commencement of this paragraph; or

                             (ii)  the service was rendered after the end of that period at a time when the practitioner was registered as a participating practitioner in the Register of Participating Practitioners maintained under section 23DSC.

2  Paragraph 16B(11)(d)

Repeal the paragraph, substitute:

                     (d)  either:

                              (i)  the service was rendered before the end of one month (or such further period as the Commission allows) after the commencement of this paragraph; or

                             (ii)  the service was rendered after the end of that period at a time when the practitioner was registered as a participating practitioner in the Register of Participating Practitioners maintained under section 23DSC; and

3  After Division 1 of Part IIB

Insert:

Division 1A Continuing medical education and quality assurance in respect of providers of diagnostic imaging services

23DSA   Definition s

                   In this Division:

holder of an exemption under subsection 16B(11) : a medical practitioner is taken to have been the holder of an exemption under subsection 16B(11) immediately before the commencement of this Division if, had he or she rendered an R-type diagnostic imaging service at that time, subsection 16B(1) would not have applied in relation to that service because of subsection 16B(11).

relevant medical college means:

                     (a)  The Royal Australian College of General Practitioners; or

                     (b)  The Australian College of Rural and Remote Medicine.

23DSB   Approval of program

             (1)  The Minister may approve, in writing, for the purposes of this Act one or more programs of continuing medical education and quality assurance in respect of providers of diagnostic imaging services.

             (2)  An approval may specify standards to be reached, or requirements to be complied with, by medical practitioners participating in the program and the period within which those standards are to be reached or those requirements are to be complied with.

             (3)  An approval is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

23DSC   Registration of participants in approved program

             (1)  The purpose of this section is to provide for the registration of medical practitioners who are participating, or are expected to participate, in a program approved under section 23DSB.

             (2)  The Commission is to establish and maintain a Register of Participating Practitioners (the Register ).

             (3)  The Register may be maintained in any form, including the form of a computer record.

             (4)  If:

                     (a)  a medical practitioner was, immediately before the commencement of this Division, the holder of an exemption under subsection 16B(11); or

                     (b)  a remote area exemption granted to a medical practitioner under section 26DX was in force immediately before commencement of this Division; or

                     (c)  after the commencement of this Division a relevant medical college gives notice in writing to the Commission stating that a specified medical practitioner (other than a practitioner referred to in paragraph (a) or (b)) is enrolled and participating in a program approved under section 23DSB;

the Managing Director of the Commission must cause to be entered in the Register a statement that the practitioner is registered as a participating practitioner and the date of commencement of the registration.

             (5)  The date to be entered in the Register as the date of commencement of the registration of the practitioner is:

                     (a)  in the case of a practitioner referred to in paragraph 4(a) or (b)—the date of commencement of this section; or

                     (b)  in the case of a practitioner referred to in paragraph 4(c)—the date on which the notice under that paragraph was received by the Commission.

             (6)  The Managing Director must give to the practitioner a notice in writing stating that the practitioner is registered as a participating practitioner and specifying the date of commencement of the registration.

             (7)  The Managing Director may at any time give to a relevant medical college information as to the practitioners who are registered as participating practitioners and the respective dates of commencement of their registration.

23DSD   Deregistration

             (1)  If:

                     (a)  a relevant medical college gives notice in writing to the Commission stating that a specified medical practitioner who is registered in the Register maintained under section 23DSC (whether the practitioner became registered pursuant to paragraph 23DSC(4)(a), (b) or (c)):

                              (i)  has ceased to be enrolled or to participate in a program approved under section 23DSB; or

                             (ii)  has failed to reach standards, or comply with requirements, specified in the approval or has failed to reach the standards or comply with the requirements within the period so specified; or

                     (b)  in the case of a medical practitioner who is registered in the Register maintained under section 23DSC and became so registered pursuant to paragraph 23DSC(4)(a) or (b)—a relevant medical college does not give notice in writing to the Commission within one month, or such further period as the Commission allows, after the commencement of this Division stating that the practitioner is enrolled and participating in a program approved under section 23DSB; or

                     (c)  a medical practitioner who is registered in the Register maintained under section 23DSC (whether the practitioner became registered pursuant to paragraph 23DSC(4)(a), (b) or (c)) requests the Commission in writing to deregister him or her;

the following subsections have effect.

             (2)  The Managing Director of the Commission must give to the practitioner a notice in writing stating that the practitioner will cease to be registered as a participating practitioner on a date specified in the notice.

             (3)  The date to be specified must be at least 14 days after the day on which the notice is given.

             (4)  The Managing Director must cause to be entered in the Register a statement that the practitioner has ceased to be registered as a participating practitioner and the date on which the practitioner ceased to be registered.