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Health Insurance (Diagnostic Imaging Accreditation) Determination 2008

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Health Insurance (Diagnostic Imaging Accreditation) Determination 2008
I, NICOLA ROXON, the Minister for Health and Ageing, make this Determination under subsection 23DZZIAA(1) of the Health Insurance Act 1973.
Dated   9 May 2008
NICOLA ROXON
Minister for Health and Ageing
Contents
Health Insurance (Diagnostic Imaging Accreditation) Determination 2008.......................... 3
1      Name of Determination............................................................................ 3
2      Purpose of Determination......................................................................... 3
3      Commencement and term......................................................................... 3
4      Interpretation........................................................................................... 3
5      Provision relating to designated person for purposes of deemed accreditation       4
6      Actual accreditation of diagnostic imaging practices accredited under the Medical Imaging Accreditation Program........................................................................................................... 5
7      Actual accreditation of a diagnostic imaging practice based on compliance with Schedule 1 standards     6
8      Variation, suspension or revocation of actual accreditation......................... 7
9      Date of effect of adverse decision............................................................. 8
10        Expiry of actual accreditation................................................................ 9
11        Reconsideration of adverse decisions.................................................... 9
Schedule 1..................................................................................................... 10
Schedule 2..................................................................................................... 16
 
 
  
1              Name of Determination
                This Determination is the Health Insurance (Diagnostic Imaging Accreditation) Determination 2008.
2              Purpose of Determination
                This Determination establishes a scheme under which *diagnostic imaging practices may be accredited for *diagnostic imaging procedures. 
3              Commencement and term
                This Determination commences on the day after the date of registration and shall remain in force until the end of the day on 30 June 2010.
Note   The reference to registration in section 3 relates to the registration of this Determination in the Federal Register of Legislative Instruments - see Division 2 of Part 4 of the Legislative Instruments Act 2003.
4              Interpretation
         (1)   In this Determination:
Act means the Health Insurance Act 1973.
actual accreditation means the accreditation of a *diagnostic imaging practice under this Determination (other than *deemed accreditation) based on its compliance with the standards in Schedule 1 or based on the accreditation of the *diagnostic imaging practice under the *Medical Imaging Accreditation Program.
adverse decision means a decision by an *approved accreditor that is any of the following:
                (a)    a decision to refuse in whole or in part an application for *actual accreditation made in accordance with section 6 or 7 of this Determination; or
               (b)    a decision to refuse to renew in whole or in part the accreditation of a diagnostic imaging practice; or
                (c)    a decision to vary accreditation of a *diagnostic imaging practice so that the practice is accredited for fewer *diagnostic imaging procedures; or
               (d)    a decision to suspend or revoke accreditation in whole or in part; or
                (e)    a decision to make the grant or continuation of an accreditation subject to the *proprietor satisfying one or more conditions other than those conditions in Schedule 1.
applicant means an applicant for *actual accreditation of a *diagnostic imaging practice in accordance with subsection 7(2).
designated person means a person designated by the Minister in accordance with subitem 12(5) of Schedule 1 of the *Diagnostic Imaging Accreditation Act.
desktop audit means a review by an *approved accreditor carried out other than in a *proprietor's *diagnostic imaging practice to assess whether the *diagnostic imaging practice is complying with the standards in Schedule 1.
Diagnostic Imaging Accreditation Act means Health Insurance Amendment (Diagnostic Imaging Accreditation) Act 2007.
diagnostic imaging modality means a set of *diagnostic imaging procedures referred to in Schedule 2.
diagnostic imaging practice means *diagnostic imaging premises or a *base for mobile diagnostic imaging equipment.
Medical Imaging Accreditation Program means the diagnostic imaging accreditation program jointly administered by *NATA and *RANZCR.
ongoing functions means functions required of the *approved accreditor after a *diagnostic imaging practice has applied for accreditation including *desktop audits, liaison with Medicare Australia, conducting reconsiderations of *adverse decisions, obtaining feedback from the *proprietors of *diagnostic imaging practices on the accreditation process, handling complaints concerning the provision of accreditation services, record-keeping, securing confidential information, providing periodic reports as required by the Department of Health and Ageing, informing the public of the names and locations of accredited *diagnostic imaging practices and the modalities for which they are accredited, providing certificates of accreditation and reviewing accreditation where a change of circumstances affects a *diagnostic imaging practice.
NATA means the National Association of Testing Authorities, Australia, Australian Company Number 004379748.
RANZCR means The Royal Australian and New Zealand College of Radiologists, Australian Company Number 000029863.
(2)  A term used in a provision in this Determination that is defined in this section or in the *Act or the *Diagnostic Imaging Accreditation Act is shown with an asterisk.
Note 1   Unless a contrary intention appears, an expression used in this Determination has the same meaning as in the Health Insurance Act 1973 — see section 13 of the Legislative Instruments Act 2003.
Note 2   Terms defined in subsection 3(1) of the *Act and which are used in this Determination include approved accreditor, base for mobile diagnostic imaging equipment, diagnostic imaging premises, diagnostic imaging procedure, diagnostic imaging service and proprietor.
Note 3   The term deemed accreditation is defined in subitem 12(2) of Schedule 1 of the *Diagnostic Imaging Accreditation Act.
5              Provision relating to designated person for purposes of deemed accreditation
         (1)   A *designated person may charge a fee for the work involved in receiving and processing a notice for registration for *deemed accreditation in accordance with subitem 12(1) of Schedule 1 of the *Diagnostic Imaging Accreditation Act.
         (2)   The amount of the fee, however expressed, charged by the *designated person is to be commensurate with the actual costs incurred by the *designated person in performing the work described in subsection (1). 
         (3)   The *designated person may require that the fee is to accompany a notice for *deemed accreditation as a precondition to processing the notice.
Note    Subitem 12(1) of Schedule 1 of the *Diagnostic Imaging Accreditation Act permits a *proprietor of an existing *diagnostic imaging practice to register the practice for accreditation for one or more *diagnostic imaging procedures by lodging with the *designated person a notice in the form approved by that person.  Subitem 12(2) provides that, where such a notice is lodged before 1 July 2008, the practice is, for the purposes of section 16EA of the *Act, taken to be accredited for the procedures specified in the notice, under a diagnostic imaging accreditation scheme. 
6              Actual accreditation of diagnostic imaging practices accredited under the Medical Imaging Accreditation Program
         (1)   Where:
                (a)    before 1 July 2008 a *proprietor operates a *diagnostic imaging practice which is accredited under the *Medical Imaging Accreditation Program in relation to a *diagnostic imaging modality (accredited modality) offered by the practice; and
               (b)    before 1 July 2008 the *proprietor lodges with the *approved accreditor
                (i)     a notice stating that the *diagnostic imaging practice has this accreditation; and
(ii) a document providing evidence of the accreditation;
the practice is taken to have *actual accreditation in respect of the accredited modality with effect from 1 July 2008.
         (2)   Where:
                (a)    before 1 July 2008 a *proprietor operates a *diagnostic imaging practice which is participating in the *Medical Imaging Accreditation Program but is not yet accredited under that program; and
               (b)    before 1 July 2009 the *diagnostic imaging practice receives accreditation under the *Medical Imaging Accreditation Program in relation to a *diagnostic imaging modality (accredited modality) offered by it; and
                (c)    before 1 July 2009 the *proprietor of the *diagnostic imaging practice:
                (i)     applies in writing to an *approved accreditor for *actual accreditation; and
(ii)   provides the *approved accreditor with a document evidencing accreditation under the *Medical Imaging Accreditation Program;
the *approved accreditor must grant the practice *actual accreditation in respect of the accredited modality.
Note   A *diagnostic imaging practice participating in the *Medical Imaging Accreditation Program but not accredited under that scheme before 1 July 2008 can register for *deemed accreditation under item 12 of Schedule 1 of the *Diagnostic Imaging Accreditation Act before 1 July 2008. 
          (3)   Where the accreditation of the practice under the *Medical Imaging Accreditation Program has been varied, suspended or revoked, the *proprietor must notify the *approved accreditor immediately the *proprietor becomes aware of the variation, suspension or revocation and the *approved accreditor must consider taking action under subsection (4).
         (4)   Where:
                (a)    a *diagnostic imaging practice is accredited under the *Medical Imaging Accreditation Program in relation to a *diagnostic imaging modality; and
               (b)    the *diagnostic imaging practice has *actual accreditation in accordance with subsection (1) or (2); and
                (c)    the accreditation of the *diagnostic imaging practice is varied, suspended or revoked under the *Medical Imaging Accreditation Program in relation to a *diagnostic imaging modality;
the *approved accreditor must vary, suspend or revoke, as the case may be, the *actual accreditation of the *diagnostic imaging practice in relation to that *diagnostic imaging modality.
         (5)   Where the *actual accreditation of a *diagnostic imaging practice is varied, suspended or revoked under subsection (4) in relation to a *diagnostic imaging modality the *proprietor may apply for *actual accreditation under section 7 of this Determination.
         (6)   The *approved accreditor may charge fees for the work involved in relation to this section.
         (7)   The *approved accreditor may charge a fee commensurate with actual costs for the work involved in receiving and processing an application under subsection (1) or (2).
         (8)   The *approved accreditor may require that an application or registration fee is to accompany an application for accreditation under subsection (1) or (2) as a precondition to processing the application.
7              Actual accreditation of a diagnostic imaging practice based on compliance with Schedule 1 standards
         (1)   This section applies where the *proprietor of a *diagnostic imaging practice applies for *actual accreditation of the practice other than under section 6 of this Determination, regardless of whether the *proprietor applies for *actual accreditation before, on or after 1 July 2008.  *Actual accreditation can take effect no earlier than 1 July 2008.
         (2)   An application for *actual accreditation under this section must:
                (a)    be made in writing to the *approved accreditor; and
               (b)    specify the *diagnostic imaging modalities to be granted *actual accreditation.
         (3)   An *applicant must provide the *approved accreditor with such information as the *approved accreditor reasonably requires in support of the application. 
         (4)   In considering whether or not to grant accreditation to an *applicant the *approved accreditor must assess the application against the standards in Schedule 1.
         (5)   An application must authorise the *approved accreditor:
                (a)    to check the accuracy of the information provided by whatever means the *approved accreditor sees fit; and
               (b)    to store and use the information for the purposes of Division 5 of Part IIB of the *Act and for the purposes of this Determination.
         (6)   The *approved accreditor must approve the accreditation of a *diagnostic imaging practice if satisfied that the practice meets the standards in Schedule 1.
         (7)   The *approved accreditor must decide an application for accreditation by:
                (a)    approving the application, either with or without conditions; or
               (b)    approving the application in part by granting approval in respect of only some of the *diagnostic imaging modalities for which approval was sought, with or without conditions; or
                (c)    refusing the application.
         (8)   The conditions referred to in paragraph (7)(a) and (b) may include a condition requiring the *applicant to notify the *approved accreditor of any changes that occur relating to the certifications or approvals affecting the *diagnostic imaging premises, staff or equipment. 
         (9)   As soon as practicable after deciding an application, the *approved accreditor must notify the *applicant in writing of the decision setting out:
                (a)    the decision (specifying any conditions imposed); and
               (b)    if the *diagnostic imaging practice is granted *actual accreditation for some or all of the *diagnostic imaging modalities referred to in the application:
                (i)     the date from which the *diagnostic imaging practice is accredited; and
(ii)   the period of accreditation (which must not end after 30 June 2010); and
(iii)   the *diagnostic imaging modalities for which *actual accreditation is granted; and
                (c)  if the decision is an *adverse decision:
                (i)     the reasons for the decision; and
(ii)   a statement of the *applicant's reconsideration rights under section 11 of this Determination.
          (10) After a *diagnostic imaging practice has received *actual accreditation the *approved accreditor may impose conditions of accreditation upon the *diagnostic imaging practice by written notice to the *proprietor that sets out:
               (a)     the terms of the conditions;
               (b)     the reasons for imposing the conditions; and
               (c)     the *proprietor's reconsideration rights under section 11 of this Determination.
Note   The power to impose a further condition after the grant of *actual accreditation may be utilised where, for example, a practice loses a staff member with technical expertise and it is important that the practice recruits a replacement staff member with appropriate skills, training and experience.
          (11) Where a *diagnostic imaging practice does not continue to meet the standards in Schedule 1 or satisfy any condition imposed on *actual accreditation in relation to any *diagnostic imaging modality, the *proprietor must notify the *approved accreditor immediately the *proprietor becomes aware of the failure to meet the standards or the condition and the *approved accreditor may consider taking action under section 8.
          (12) Where a *proprietor becomes aware that the *proprietor's *diagnostic imaging practice no longer meets the standards in Schedule 1 or no longer satisfies a condition of accreditation and the *proprietor fails to notify the *approved accreditor as required in subsection (11), that failure is taken to be a breach of a condition of accreditation.
          (13) The *approved accreditor may charge:
               (a)     fees for work performed in receiving and processing an application under subsection (2); and
               (b)     membership or service fees and fees for *ongoing functions of the *approved accreditor with respect to a *diagnostic imaging practice.
          (14) The fees in paragraph (13)(a), however expressed, are to be commensurate with the actual costs incurred by the *approved accreditor in performing the work described in paragraph (13)(a). 
          (15) The fees in paragraph (13)(b), however expressed, are to be set at a rate no higher than a rate that reflects commercial competitive rates for such items.
          (16) The *approved accreditor may require that application, membership and service fees are to accompany an application for *actual accreditation as a precondition to processing the application.
8              Variation, suspension or revocation of actual accreditation
         (1)   This section applies in the case of a *diagnostic imaging practice which has *actual accreditation under section 7 of this determination and where one or more of the following events (an adverse event) occurs:
                (a)    the *approved accreditor considers that the *diagnostic imaging practice may no longer meet one or more of the standards in Schedule 1; or
               (b)    the *approved accreditor considers that the *proprietor may have breached or not fulfilled a condition of accreditation imposed under paragraph 7(7)(a) or 7(10)(a) of this Determination.
         (2)   Where subsection (1) of this section applies, the *approved accreditor must give the *proprietor notice in writing giving details of:
                (a)    the *adverse event or events to which the notice relates; and
               (b)    any material taken into account by the *approved accreditor in forming the view referred to in subsection (1); and
                allow the *proprietor 28 days after receiving the notice to make written submissions, including in relation to rectification of the *adverse event.
         (3)   After considering any written submissions made by the *proprietor under subsection (2), the *approved accreditor, if satisfied that the standards in Schedule 1 are not met or that a condition of accreditation has been breached or not fulfilled, must require the *proprietor to rectify the breach of the standards or the failure to comply with the condition within a nominated period. 
         (4)   If after requiring the *proprietor, under subsection (3), to rectify the breach of the standards or non-fulfilment of the condition within a nominated period, the *approved accreditor, is satisfied that the *adverse event has occurred and has not been rectified; then the *approved accreditor must make a decision to vary, suspend or revoke the *actual accreditation of the *diagnostic imaging practice.
     (5)   Where the *approved accreditor makes a decision to vary, suspend or revoke the *actual accreditation of a *diagnostic imaging practice under subsection (4) or (6), the *approved accreditor must give the *proprietor notice in writing of the decision setting out the reasons for the decision and the *proprietor's reconsideration rights under section 11 of this Determination.
         (6)   In spite of anything in subsections (2), (3) and (4) the *approved accreditor may make an immediate decision to revoke an *actual accreditation where the *approved accreditor considers that there is a potential danger to public health or safety if the accreditation is not revoked.
9              Date of effect of adverse decision
         (1)   The following *adverse decisions take effect immediately:
                (a)    a decision to refuse in whole or in part an application for *actual accreditation made under section 6 or 7 of this Determination; and
               (b)    a decision to revoke the *actual accreditation of a *diagnostic imaging practice on the ground that there is a potential danger to public health or safety if the accreditation is not revoked.
         (2)   Where an *adverse decision has immediate effect in accordance with subsection (1) the *proprietor may apply for reconsideration in accordance with section 11 of this Determination.
         (3)   The following *adverse decisions do not take effect until the *proprietor's rights to reconsideration by the *approved accreditor under section 11 of this Determination and by the Minister in accordance with section 23DZZIAD of the *Act are exhausted or have expired:
                (a)    a decision to refuse to renew in whole or in part the *actual accreditation of a *diagnostic imaging practice;
               (b)    a decision to vary the *actual accreditation of a *diagnostic imaging practice so that it is accredited for fewer *diagnostic imaging modalities;
                (c)    a decision to suspend or revoke the *actual accreditation of a *diagnostic imaging practice, other than a decision described in paragraph (1)(b);
               (d)    a decision to make the grant or continuation of an *actual accreditation subject to the *proprietor satisfying one or more conditions.
10            Expiry of actual accreditation
All *actual accreditations will expire at or before the end of the day on 30 June 2010.  If an earlier date is specified for a particular accreditation in accordance with subparagraph 7(9)(b)(ii) of this Determination, the accreditation expires on that date.
11            Reconsideration of adverse decisions
         (1)   A *proprietor may apply to an *approved accreditor for reconsideration of an *adverse decision.  The application must be made:
                (a)    in writing within 28 days of the date of the *adverse decision; or
               (b)    within such further period (if any) as the *approved accreditor, either before or after the expiration of that period, allows.
         (2)   The *proprietor must set out the reasons for the application and, in doing so, may provide new material for the *approved accreditor to consider.
         (3)   Within 28 days of receipt of an application made in accordance with subsection (1) the *approved accreditor must reconsider the decision and make a new decision (reconsideration decision) affirming, varying or setting aside the *adverse decision and making such other decision as the *approved accreditor thinks appropriate.
         (4)   Subject to subsections (5) and (6), the reconsideration decision takes effect on the day specified in the reconsideration decision or, if a day is not specified, on the day on which the reconsideration decision is made. 
         (5)   In spite of subsection (4), and subject to subsection (6), where the reconsideration decision affirms the *adverse decision in whole or in part the reconsideration decision does not take effect before the *proprietor's rights to reconsideration by the Minister under section 23DZZIAD of the *Act are exhausted or have expired.
         (6)   The *approved accreditor may make a decision with immediate effect to affirm the revocation of an *actual accreditation where an adverse event has occurred which the *approved accreditor considers poses a potential danger to public health or safety.
         (7)   The *approved accreditor must give a *proprietor notice in writing of a reconsideration decision setting out:
                (a)    the decision itself; and
               (b)    the reasons for the decision; and
                (c)    a statement to the effect that the *proprietor may, in accordance with section 23DZZIAD of the *Act, apply in writing to the Minister for further reconsideration of the decision within 28 days of the date of the notice; and
               (d)    a statement that if a proprietor makes an application under section 23DZZIAD of the Act, the proprietor must set out in the application the reasons why the proprietor believes that the Minister should reconsider the *reconsideration decision.
Schedule 1                                                        
Diagnostic Imaging Accreditation Scheme – Standards
(section 7)
Note: References to the relevant State or Territory legislation that provides for the professional standards or documentation referred to below are provided in Part 5 of this Schedule.
 
Part 1            Registration and Licensing Standards
 
Standard 1.1
 
The *proprietor of a *diagnostic imaging practice ensures that its staff or contractors and any other practitioners providing services to the practice have and maintain the appropriate and current registration and/or licence to undertake the *diagnostic imaging procedures for which accreditation is sought in the State or Territory.
Documentary Evidence
 
Where relevant, the *proprietor of the *diagnostic imaging practice must provide:
 
(a)              Certified copies of State or Territory Medical Board Registration, or a registration number, for all medical practitioners employed by or providing services to the *diagnostic imaging practice.
 
(b)              Certified copies of each medical practitioner's State or Territory radiation operator’s licence, or a licence number.
 
(c)              Certified copies of each radiographer's State or Territory registration documentation, or a registration number, if required in the State or Territory.
 
(d)              Certified copies of the *diagnostic imaging practice's radiographers’ or other non-medical imaging practitioners’ State or Territory radiation operator’s licence, or a licence number, if required in the State or Territory.
 
(e)              Certified copies of each sonographer's statement of registration on the Register of Accredited Sonographers or a registration number.
 
(f)                Certified copies of each nurse's registration documentation or a registration number.
 
(g)              Certified copies of a radiology medical physicist’s State or Territory radiation operator’s license, or licence number, if required in the State or Territory.
 
Part 2            Safety Standards
 
Standard 2.1
 
The *proprietor of a *diagnostic imaging practice ensures that the practice complies with the requirements of the current State or Territory radiation safety legislation.
Documentary Evidence
 
The *proprietor of the *diagnostic imaging practice must provide:
 
(a)           Certified copies of current Environmental Protection Authority or similar equipment licences and registrations or registration numbers.
 
(b)          Copies of radiation safety plans where required by State or Territory radiation safety legislation.
 
Part 3            Equipment Standards
 
Standard 3.1
 
The *proprietor of a *diagnostic imaging practice ensures that the practice maintains a current equipment inventory.
Documentary Evidence
 
The *proprietor of the *diagnostic imaging practice must provide an equipment inventory which demonstrates that the practice uses equipment that complies with specifications outlined in the Medicare Benefits Schedule and includes information relating to:
 
-         name of item, manufacturer, serial number (or other identifier); and
 
-         registration on the Diagnostic Imaging Register (including citation of the relevant Location Specific Practice Number (LSPN)).
 
Part 4            Provision of Services Standards
 
Standard 4.1   
 
*Diagnostic imaging procedures are only undertaken at the *diagnostic imaging practice where there is an identified clinical need and:
 
(a)             upon receipt of a request from a medical practitioner or a practitioner specified in the *Act for the purpose of requesting services of that kind and for which a Medicare benefit is payable; or
 
(b)            where the practitioner interpreting the image is permitted to self determine the service for which a Medicare benefit is payable under the *Act.
 
Documentary Evidence
 
The *proprietor of the *diagnostic imaging practice must provide a representative sample of requests for *diagnostic imaging procedures or patient records indicating the clinical need for the service.
 
Standard 4.2   
 
The *diagnostic imaging practice only substitutes *diagnostic imaging procedures:
 
-         where appropriate for the diagnosis of a patient’s medical condition; and
 
-         where generally accepted on the basis of diagnostic imaging medical opinion; and
 
-         where permitted by the *Act and subordinate legislation for the payment of a Medicare benefit for that service.
 
 
Documentary Evidence
                  
The *proprietor of the *diagnostic imaging practice must either provide:
 
(a)             written records of consultations or attempted consultations with referring practitioners outlining the justification for substituted *diagnostic imaging procedures; or
 
(b)            if no *diagnostic imaging procedures were substituted in the preceding 12 months at the *diagnostic imaging practice, a written policy indicating when a *diagnostic imaging procedure would be substituted and how the *diagnostic imaging practice would ensure compliance with the *Act.
 
 
Part 5             References to the relevant State or Territory legislation as it relates to the Standards and supporting documentation
 
Diagnostic Imaging Accreditation Scheme Standards
Documentary Evidence
Relevant State / Territory/ Commonwealth Legislation

Standard 1.1
The *proprietor of a *diagnostic imaging practice ensures that its staff or contractors have the appropriate registration and/or licence to undertake the *diagnostic imaging procedures for which accreditation is sought in the State or Territory.              
(a)
ACT
-       Health Professionals Act 2004

NSW
-       Medical Practice Act 1992

NT
-       Health Practitioners Act 2004

QLD
-       Medical Practitioners Registration Act 2001

SA
-       Medical Practice Act 2004

TAS
-       Medical Practitioners Registration Act 1996

VIC
-       Health Professions Registration Act 2005

WA
-       Medical Act 1984
 

(b)
ACT
 
-       Radiation Protection Act 2006  and Radiation Protection Regulation 2007

NSW
 
-       Radiation Control Act 1990 and Radiation Control Regulations 2003

NT
 
-       Radiation (Safety Control) Act 1978 (note this Act is to be repealed at a future date as a result of the Radiation Protection Act 2004 – see the transitional provisions)  

QLD
-       Radiation Safety Control Act 1999 and Radiation Safety Regulation 1999

SA
 
-       Radiation Protection and Control Act 1982, Radiation and Control (ionising Radiation) Regulations 2000

TAS
 
-       Radiation Protection Act 2005, Radiation Protection Regulations 2006

VIC
 
-       Radiation Act 2005 and Radiation Regulations 2007

WA
-       Radiation Safety Act 1975
 

(c)
ACT
N/A (no Registration Board)

NSW
N/A (no Registration Board)

NT
 
-       Radiographers Act (NT) 1976 (note this Act is to be repealed at a future date as a result of the Radiation Protection Act 2004 – see the transitional provisions)

QLD
-       Medical Radiation Technologists Registration Act 2001 and the Medical Radiation Technologists Registration Regulation 2002 and the Health Practitioners (Professional Standards) Act 1999

SA
N/A (no Registration Board)

TAS
 
-       Medical Radiation Science Professionals Registration Act 2000

VIC
 
-       Health Professions Registration Act 2005 and Health (Medical Radiation Technologists Regulations 1997)

WA
-       Medical Radiation Technologists Act 2006
 

(d)
Cth
-       Health Insurance Act 1973 and Health Insurance (Diagnostic Imaging Services Table) Regulations 2005
 
 
 

(e)
 
ACT
 
-       Radiation Protection Act 2006 and Radiation Protection Regulations 2007

NSW
-       Radiation Control Act 1990 and Radiation Control Regulations 2003

 
NT
-       Exempt under the Radiation (Safety Control) Act 1978 where use and operation of irradiating apparatus is in accordance with the Radiographers Act (note both Acts are in the transition period and are to be repealed at a future date by the Radiation Protection Act 2004 which is already in force and which does not contain this exemption).

 
QLD
-       Radiation Safety Control Act 1999 and Radiation Safety Regulation 1999

 
 
 
 
SA
-       Radiation Protection and Control Act 1982 and Radiation and Control (Ionising Radiation) Regulations 2000

TAS
-       Radiation Protection Act 2005, Radiation Protection Regulations 2006

VIC
-       Radiation Act 2005 and Radiation Regulations 2007

WA
-       Radiation Safety Act 1975
 

(f)
ACT
 
-       Health Professionals ACT 2004 and the Health Professionals Regulation 2004

NSW
-       Nurses and Midwives Act 1991

NT
-       Health Practitioners Act 2004

QLD
-       Nursing Act 1992

SA
-       Nurses Act 1999

TAS
-       Nursing Act 1995

VIC
-       Health Professions Registration Act 2005

WA
-       Nurses and Midwives Act 2006
 

(g)
ACT
 
-       Radiation Protection Act 2006  and Radiation Protection Regulation 2007

 
NSW
 
-       Radiation Control Act 1990 and Radiation Control Regulations 2003

NT
 
-       Radiation (Safety Control) Act 1978 (note this Act is to be repealed at a future date as a result of the Radiation Protection Act 2004 – see the transitional provisions)  

QLD
-       Radiation Safety Control Act 1999 and Radiation Safety Regulation 1999

SA
 
-       Radiation Protection and Control Act 1982, Radiation and Control (ionising Radiation) Regulations 2000

TAS
 
-       Radiation Protection Act 2005, Radiation Protection Regulations 2006

VIC
 
-       Radiation Act 2005 and Radiation Regulations 2007

WA
-       Radiation Safety Act 1975 and Radiation (General) Regulations 1983
 
 
 
 
 
 

Standard 2.1
The *proprietor of a *diagnostic imaging practice ensures that the practice complies with the requirements of the current radiation safety legislation in the State or Territory.
(a) – (b)
ACT
 
-       s.119 Radiation Protection Act 2006 and Radiation Protection Regulations 2007

NSW
 
-       s. 36 Radiation Control Act 1990 and Radiation Control Regulations 2003

NT
-       s.81 Radiation Protection Act 2004

QLD
-       s.198 Radiation Safety Control Act 1999 and Radiation Safety Regulation 1999

SA
 
-       s. 49 Radiation Protection and Control Act 1982 and Radiation and Control (Ionising Radiation) Regulations 2000

TAS
 
-       s. 76 Radiation Protection Act 2005, Radiation Protection Regulations 2006

VIC
 
-       s.131 Radiation Act 2005 and Radiation Regulations 2007

WA
-       s.50 Radiation Safety Act 1975 and Radiation (General) Regulations 1983
 

Standard 3.1
The *proprietor of a *diagnostic imaging practice ensures that the practice maintains a current equipment inventory.
(a)
Cth
 
-       Medicare Benefits Schedule a separate document created pursuant to the Health Insurance Act 1973

Standard 4.1
*Diagnostic imaging procedures are only undertaken at the *diagnostic imaging practice where there is an identified clinical need and:
·         upon receipt of a request from a medical practitioner or a practitioner specified in the *Act for the purpose of requesting services of that kind and for which a medicare benefit is payable: or
·         where the practitioner interpreting the image is permitted to self determine the service under the *Act.
(a)
Cth
-       Health Insurance Act 1973

Standard 4.2
*Diagnostic imaging services for which *diagnostic imaging procedures are undertaken at the *diagnostic imaging premises are substituted only where appropriate for the diagnosis for a patient’s medical condition, where generally accepted on the basis of diagnostic imaging medical opinion and where permitted by the *Act and subordinate legislation for the payment of a medicare benefit for the service.
(a)
Cth
-       Medicare Benefits Schedule to the Health Insurance Act 1973

Schedule 2
Diagnostic Imaging Accreditation Scheme – Diagnostic Imaging Modalities
(section 4)
 
A diagnostic imaging modality is one of the following groups of diagnostic imaging procedures:
 
Modality
Relevant items in the Medicare Diagnostic Imaging Services Table
Medicare Code

Ultrasound
All items in subgroups 1, 3, 4 & 6 of Group I1.
ULT

Computed Tomography
All items in Group I2.
CTG

General Radiology (X-ray)
All items in subgroups 1, 2, 4 – 9 of Group I3; and
Items 57901 – 57945 only in subgroup 3 of Group I3; and
All items in subgroups 11, 12 & 14 of Group I3.
RAD

Mammography
All items in subgroup 10 of Group I3.

Angiography
Items 59970 & 59974 – 60078 only in subgroup 13 of Group I3.

Fluoroscopy
All items in subgroups 15 & 17 of Group I3.

Orthopantomography (OPG)
Items 57960, 57963, 57966 & 57969 only in subgroup 3 of Group I3.

Magnetic Resonance Imaging (MRI)
All items in Group I5.
MRI