Health Insurance (Allied Health Services) Amendment Determination 2014 (No. 2)

Link to law: https://www.comlaw.gov.au/Details/F2014L01447

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Health Insurance (Allied Health Services) Amendment Determination 2014 (No. 2)
Health Insurance Act 1973
I, KIRSTY FAICHNEY, delegate of the Minister for Health, make this Determination under subsection 3C (1) of the Health Insurance Act 1973.
Dated    24    October 2014
KIRSTY FAICHNEY
ACTING FIRST ASSISTANT SECRETARY
MEDICAL BENEFITS DIVISION
  
  
1              Name of Determination
                This Determination is the Health Insurance (Allied Health Services) Amendment Determination 2014 (No. 2).
2              Commencement
                This Determination commences on 1 November 2014.
3              Authority
                This Determination is made under the Health Insurance Act 1973.
 
4              Amendment of Health Insurance (Allied Health Services) Determination 2014
                Schedule 1 amends the Health Insurance (Allied Health Services) Determination 2014.
Schedule 1        Amendment
 
 
1              Section 10
Repeal the section, substitute:
10  Focussed Psychological Strategies health services – continuing professional development requirements for certain allied health professionals
             (1)  A person to whom subsection (1A) applies must complete focussed psychological strategies continuing professional development each CPD year.
          (1A)     This subsection applies to a person who:
(a)   is an allied health professional in relation to the provision of a focussed psychological strategies health service; and
(b)   is not a general registrant psychologist.
             (2)  A person required to complete focussed psychological strategies continuing professional development must keep written records of completion of focussed psychological strategies continuing professional development for a period of two years from the end of the CPD year to which the focussed psychological strategies continuing professional development relates.
             (4)  Other than where subsection (7) applies, where a person who is not a general registrant psychologist seeks to become an allied health professional in relation to the provision of a focussed psychological strategies health service during a CPD year and meets the qualification requirements set out in Schedule 1 for the provision of a focussed psychological strategies health service:
                     (a)  that person’s name will be entered on the register; and
                     (b)  that person will have until the end of that CPD year to meet their focussed psychological strategies continuing professional development requirements on a pro‑rata basis, with units being calculated from the first day of the month immediately succeeding the date of registration.
             (5)  If the Minister is satisfied that a person referred to in subsection (1) has not completed their focussed psychological strategies continuing professional development, the Minister:
                     (a)  may decide to remove the name of that person from the register; and then
                     (b)  notify the Chief Executive Medicare to remove the name from the register.
             (6)  Before the Minister provides notification under paragraph (5)(b), the Minister must notify that person in writing of the decision setting out:
                     (a)  the decision;
                     (b)  the reasons for the decision; and
                     (c)  a statement of the person’s reconsideration rights under section 11.
             (7)  If the name of a person has been removed from the register under subsection (9), in order to become an allied health professional in relation to the provision of a focussed psychological strategies health service (reregistered) that person must apply to be registered and in his or her application must:
                     (a)  provide evidence of attaining the necessary amount of units that he or she was required to attain to comply with the focussed psychological strategies continuing professional development in the CPD year in which he or she failed to comply;
                            and if reregistered must
                     (b)  comply with subsection (1) as if the CPD year in which he or she was reregistered commenced on the date of reregistration.
             (8)  The Minister may grant an exemption in whole or part from focussed psychological strategies continuing professional development, where:
                     (a)  a written application from an allied health professional has been received; and
                     (b)  the Minister is satisfied that special circumstances prevented or will prevent the allied health professional from completing focussed psychological strategies continuing professional development in a CPD year. 
             (9)  Upon receiving notification under paragraph (5)(b), the Chief Executive Medicare must not remove the name of an allied health professional from the register until notified:
                     (a)  under subsection 11(10) that the Minister has given notice to the allied health professional:
                            (i)    under subsection 11(5) that the decision to remove the name of the person from the register has been affirmed; or
                            (ii)    under subsection 11(9)(c); or
                     (b)  that such period of time as referred to in subsection 11(2) has expired and the allied health professional has not applied for reconsideration under subsection 11(1) or requested further time under subsection 11(6).
 
(10) For the avoidance of doubt, nothing in this section:
                     (a)  prevents the Chief Executive Medicare from including the name of a general registrant psychologist on the register; or
                     (b)          requires the Chief Executive Medicare to remove the name of a general registrant psychologist from the register.
(11) In this section:
                   general registrant psychologist means a person who holds general registration in the health profession of psychology under the applicable law in force in the State or Territory in which the service is provided; and
     register means the register kept by the Chief Executive Medicare of allied health professionals who are qualified to provide a focussed psychological strategies health service.
2              Schedule 1, item 16 
Repeal the item, substitute:
16    Psychological therapy health service
A person is an allied health professional in relation to the provision of a psychological therapy health service if the person:
(a)    holds general registration in the health profession of psychology under the applicable law in force in the State or Territory in which the service is provided; and
(b)    is endorsed by the Psychology Board of Australia to practice in clinical psychology.
Until 31 October 2015, a person is also an allied health professional in relation to the provision of a psychological therapy health service if the person:
(a)   holds general registration in the health profession of psychology under the applicable law in force in the State or Territory in which the service is provided; and
(b)    on 31 October 2014 was an allied health professional in relation to the provision of a psychological therapy health service because the person:
(i)     was a member of the College of Clinical Psychologists of the Australian Psychological Society; or
(ii)    had been assessed by the College of Clinical Psychologists of the Australian Psychological Society as meeting the requirements for membership of that College.