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Prescribed health services under the Health Care Act 2008
A ‘prescribed health service’ is defined in the Act as involving the administration of:
- General, spinal, epidural or major regional block anaesthetic; or
- Intravenous sedation (only if greater than ‘conscious sedation’); or
- Local anaesthetic (except provided by a general practitioner, or in general dentistry practice, or excluded by the Regulations1); or
- Health services prescribed by the Regulations2.
Under the Act a person must not provide a ‘prescribed health service’ at unlicensed premises (maximum penalty: $60,000).
Chemotherapy and Renal Dialysis
The new Health Care Regulations 2023 include changes to prescribed health services which will now permit the delivery of chemotherapy and renal dialysis outside of a hospital setting.
The changes align private day procedure centres with private hospitals in being allowed to deliver these services outside of licensed premises with the Minister’s approval.
It is the responsibility of each service provider to determine when the delivery of chemotherapy and renal dialysis outside of a hospital setting is considered clinically safe and appropriate to do so.
Approval to provide services outside of licence premises
Licence holders must obtain written approval from the Minister for Health and Wellbeing before health services may be delivered outside of licensed premises. Therefore, should a licence holder wish to provide chemotherapy and renal dialysis outside of licensed premises, they must submit a change of service or new application to be approved by the Minister before commencing these services. Refer to the application checklist (PDF 240KB) for assistance when it comes to a change of service, or for a new applicant who intends to provide in home chemotherapy and/or renal dialysis.
Notes
- Under the Regulations, health practitioners registered with a national board and authorised under law to administer local anaesthetic are excluded from the requirement to only perform local anaesthetic procedures in a licensed facility. Topical local anaesthetic is also excluded.
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The Regulations prescribe the following health services:
— Cardiac catheterisation
— Chemotherapy3
— Cosmetic surgery
— Gastrointestinal endoscopy
— Renal Dialysis3 - Except when provided by or on behalf of an incorporated hospital, the holder of a private day procedure centre licence or another entity that ordinarily provides a prescribed health service at a private day procedure centre.