Health Legislation Amendment (eHealth) Act 2015 (157 of 2015)
Schedule 1 Healthcare identifiers and health records
Part 1 Amendments
Healthcare Identifiers Act 2010
31 Section 9A
Repeal the section, substitute:
9A Classes of healthcare provider that may be assigned a healthcare identifier by the service operator
Healthcare identifiers for individual healthcare providers
(1) The service operator may, under paragraph 9(1)(a), assign a healthcare identifier to an individual healthcare provider if:
(a) the individual healthcare provider is registered by a registration authority as a member of a health profession; or
(b) the individual healthcare provider is a member of a professional association that:
(i) relates to the healthcare that has been, is, or is to be, provided by the member; and
(ii) has uniform national membership requirements, whether or not in legislation.
Healthcare identifiers for a healthcare provider organisation that is a seed organisation, or is not part of a network
(2) The service operator may, under paragraph 9(1)(a), assign a healthcare identifier to a healthcare provider organisation that is a seed organisation for a network, or that is not part of a network, if:
(a) at least one of the employees of the organisation is an individual who:
(i) is an identified healthcare provider; and
(ii) provides healthcare as part of his or her duties; and
(b) one, and only one of the employees of the organisation is the responsible officer for the organisation; and
(c) either:
(i) the organisation has at least one other employee who is an organisation maintenance officer for the organisation; or
(ii) the responsible officer for the organisation is also the organisation maintenance officer for the organisation.
Healthcare identifiers for network organisations
(3) The service operator may, under paragraph 9(1)(a), assign a healthcare identifier to a healthcare provider organisation that is a network organisation within a network if:
(a) the seed organisation for the network:
(i) has been assigned a healthcare identifier that has not been retired; and
(ii) does not object to the network organisation being assigned a healthcare identifier under this subsection; and
(b) the responsible officer for the seed organisation for the network is also the responsible officer for every network organisation within the network; and
(c) there is an organisation maintenance officer for the network organisation; and
(d) the organisation maintenance officer for the network organisation is:
(i) an employee of the network organisation (the first network organisation ); or
(ii) an employee of the seed organisation for the network; or
(iii) an employee of another network organisation within the network that is hierarchically superior to the first network organisation.
What is a network of healthcare provider organisations?
(4) A network of healthcare provider organisations is a group of healthcare provider organisations each of which satisfies one of the following criteria:
(a) the healthcare provider organisation is part of, or subordinate to, another healthcare provider organisation within the group;
(b) another healthcare provider organisation within the group is part of, or subordinate to, the healthcare provider organisation.
What is the seed organisation for a network?
(5) A healthcare provider organisation is the seed organisation for a network if:
(a) there is at least one other healthcare provider organisation that is part of, or subordinate to, the organisation; and
(b) the organisation is not itself part of, or subordinate to, another healthcare provider organisation.
What is a network organisation within a network?
(6) A healthcare provider organisation is a network organisation within a network if it is part of, or subordinate to, another healthcare provider organisation within the network.
Responsible officers
(7) A person is the responsible officer for a healthcare provider organisation if the duties of the person include the following:
(a) nominating the organisation maintenance officer or officers for the organisation to the service operator;
(b) requesting the assignment or retirement of a healthcare identifier for the organisation;
(c) if there is a network organisation of the organisation:
(i) nominating the organisation maintenance officer for the network organisation to the service operator; and
(ii) requesting the assignment or retirement of a healthcare identifier for the network organisation;
(d) if the organisation is part of a merger or acquisition - requesting the merger or reconfiguration of a healthcare identifier for the organisation.
Organisation maintenance officers
(8) A person is an organisation maintenance officer for a healthcare provider organisation if the duties of the person include the following:
(a) nominating to the service operator at least one additional person to be an organisation maintenance officer of the organisation, if required;
(b) maintaining information that is held by the service operator about the organisation;
(c) providing current details to the service operator about the organisation for inclusion in the Healthcare Provider Directory;
(d) providing any other information requested by the service operator about the organisation for which the organisation maintenance officer is responsible;
(e) if the organisation (the seed organisation ) has a network organisation:
(i) nominating to the service operator another person who meets the employment criteria in paragraph (3)(d) to be the organisation maintenance officer for the network organisation - either on the initiative of the seed organisation or if required by the service operator to do so;
(ii) requesting the assignment or retirement of a healthcare identifier for the network organisation;
(iii) maintaining information that is held by the service operator about the network organisation;
(iv) providing current details to the service operator about the network organisation for inclusion in the Healthcare Provider Directory;
(v) providing any other information requested by the service operator about the network organisation for which the organisation maintenance officer is responsible;
(vi) if the network organisation is part of a merger or acquisition - requesting the merger or reconfiguration of a healthcare identifier for the organisation.
Sole practitioners
(9) The service operator may assign a healthcare identifier under paragraph 9(1)(a) to a healthcare provider organisation that is a sole practitioner even though subsection (2) is not satisfied, if the sole practitioner:
(a) provides healthcare as part of his or her duties; and
(b) performs the duties of a responsible officer and organisation maintenance officer.
Duties of the responsible officer performed by another person
(10) For the purposes of subsection (7), a person does not cease to be a responsible officer for a healthcare provider organisation if a duty mentioned in subsection (7) is performed by another employee of the organisation on behalf of the person.
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