Health Insurance (Allied Health Services) Amendment Determination 2012 (No. 2)

Link to law: https://www.comlaw.gov.au/Details/F2012L01267

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Health Insurance (Allied Health Services) Amendment Determination 2012 (No. 2)1
Health Insurance Act 1973
I, RICHARD BARTLETT, delegate of the Minister for Health, make this Determination under subsection 3C (1) of the Health Insurance Act 1973.
Dated 13 June 2012
Richard Bartlett
RICHARD BARTLETT
FIRST ASSISTANT SECRETARY
MEDICAL BENEFITS DIVISION
DEPARTMENT OF HEALTH AND AGEING
1              Name of Determination
                This Determination is the Health Insurance (Allied Health Services) Amendment Determination 2012 (No. 2).
2              Commencement
                This Determination commences on 1 July 2012.
3              Amendment of Health Insurance (Allied Health Services) Determination 2011
                Schedule 1 amends the Health Insurance (Allied Health Services) Determination 2011.
Schedule 1        Amendments
(section 3)
 
[1]           Subsection 4(1), Interpretation, after definition of disability treatment and management plan
insert
eligible Aboriginal and Torres Strait Islander health practitioner means a person who is an allied health professional in relation to the provision of an Aboriginal and Torres Strait Islander health service because of section 1 of item 1 of Schedule 1 of this Determination.
 
[2]           Subsection 4(1), Interpretation, eligible Aboriginal health worker
substitute
eligible Aboriginal health worker means a person who:
(a) is an allied health professional in relation to the provision of an Aboriginal and Torres Strait Islander health service because of section 2 of item 1 of Schedule 1 of this Determination; and
(b) is not providing an Aboriginal and Torres Strait Islander health service in the Northern Territory.
[3]           Subsection 4(1), Interpretation, after Psychology Board of Australia
insert
registered training organisation means a training provider registered under a law of a State, Territory or the Commonwealth to provide accredited vocational education and training.  
[4]           Schedule 1, Qualification requirements for allied health professionals, item 1, Aboriginal and Torres Strait Islander health service
substitute
1   Aboriginal and Torres Strait Islander health service
(1) A person is an allied health professional in relation to the provision of an Aboriginal and Torres Strait Islander health service in any State or Territory if the person is registered in the Aboriginal and Torres Strait Islander health practice profession under the applicable law in force in the State or Territory in which the service is provided.
(2) In a State or Territory other than the Northern Territory, a person is also an allied health professional in relation to the provision of an Aboriginal and Torres Strait Islander health service if the person has been either:
(a) awarded a Certificate III in Aboriginal and/or Torres Strait Islander Primary Health Care (or an equivalent or higher qualification) by a registered training organisation; or
(b) awarded a Certificate III in Aboriginal and Torres Strait Islander Health (or an equivalent or higher qualification) by a registered training organisation) before 1 July 2012.
Note: a person registered in the Aboriginal and Torres Strait Islander health practice profession may use the following titles:
·    Aboriginal and Torres Strait Islander health practitioner;
·    Aboriginal health practitioner;
·    Torres Strait Islander health practitioner.
[5]           Schedule 1, Qualification requirements for allied health professionals, item 7, Focussed psychological strategies health service, paragraph (c)
substitute
(c) the person:
(i) is an occupational therapist who is registered as a person who may provide that kind of service under the applicable law in force in the State or Territory in which the service is provided; and
(ii) is accredited by Occupational Therapy Australia as:
(A) having a minimum of two years experience in mental health; and
(B) having undertaken to observe the standards set out in the document published by Occupational Therapy Australia ‘Australian Competency Standards for Occupational Therapists in Mental Health’ as in force on 1 November 2006.
 
Until midnight 31 October 2012, a person is also an allied health professional in relation to the provision of a focused psychological strategies health service if he or she was such a person on 30 June 2012 because of paragraph (c) of item 7 of Schedule 1 of this Determination as in force on that date.
[6]           Schedule 1, Qualification requirements for allied health professionals, item 8, Mental health service, paragraph (c)
substitute
(c) the person is an occupational therapist who is registered as a person who may provide that kind of service under the applicable law in force in the State or Territory in which the service is provided;
[7]           Schedule 1, Qualification requirements for allied health professionals, item 8, Mental health service, after paragraph (e)
insert
Until midnight 31 October 2012, a person is also an allied health professional in relation to the provision of a mental health service if he or she was such a person on 30 June 2012 because of paragraph (c) of item 8 of Schedule 1 of this Determination as in force on that date.
[8]           Schedule 1, Qualification requirements for allied health professionals, item 10, Occupational therapy health service
substitute
10     Occupational therapy health service
A person is an allied health professional in relation to the provision of an occupational therapy health service if the person is an occupational therapist who is registered as a person who may provide that kind of service under the applicable law in force in the State or Territory in which the service is provided.
Until midnight 31 October 2012, a person is also an allied health professional in relation to the provision of an occupational therapy health service if he or she was such a person on 30 June 2012. 
[9]           Schedule 2, Allied health services, Part 1, Services and fees – general, item 10950
omit each mention of
eligible Aboriginal health worker
insert
eligible Aboriginal health worker or eligible Aboriginal and Torres Strait Islander health practitioner
 
[10]         Schedule 2, Allied health services, Part 6, Services and fees –Aboriginal and Torres Strait Islander health services, item 81300
omit each mention of
eligible Aboriginal health worker
insert
eligible Aboriginal health worker or eligible Aboriginal and Torres Strait Islander health practitioner
 
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.