{"id":"F2022L01262","name":"National Health (Eligible Midwives) Determination 2022","slug":"national-health-eligible-midwives-determination-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441539,"registerId":"F2022L01262-fast-fetch-1775956818277","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Health (Eligible Midwives) Determination 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nNational Health (Eligible Midwives) Determination 2022\n\nI, Travis Haslam, delegate of the Minister for Health and Aged Care, make the following determination.\n\nDated  27 September 2022 \n\nTravis Haslam\n\nActing First Assistant Secretary\n\nMedical Benefits Division\n\nHealth Resourcing Group\n\nDepartment of Health and Aged Care\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\nPart 2—Requirements\n\n6  Requirements to be an eligible midwife\n\nSchedule 1—Repeals\n\nNational Health (Eligible midwives) Determination 2010\n\n \n\nPart 1—Preliminary\n\n1  Name\n\n  This instrument is the National Health (Eligible Midwives) Determination 2022.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 84AAE(3) of the National Health Act 1953.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) midwife.\n\n  In this instrument:\n\nAct means the National Health Act 1953.\n\neligible midwife has the same meaning as in Part VII of the Act.\n\nHealth Practitioner Regulation National Law has the same meaning as in the Regulations.\n\nNational Board has the same meaning as in the Regulations.\n\nRegulations means the National Health Regulation 2016.\n\nscheduled medicine has the same meaning as in the Health Practitioner Regulation National Law.\n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\nPart 2—Requirements\n\n6  Requirements to be an eligible midwife\n\n  For subsection 84AAE(3) of the Act, the following requirement is determined for a person to be an eligible midwife for the purposes of Part VII of the Act:\n\n (a) the registration of the person in the health profession of midwifery must be endorsed by the National Board under section 94 of the Health Practitioner Regulation National Law to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines.\n\nNote 1: The reference to National Board in this section is a reference to the Nursing and Midwifery Board of Australia.\n\nNote 2: The registration of a person in the health profession of midwifery may only be endorsed by the National Board under section 94 of the Health Practitioner Regulation National Law if the person:\n\n(a) holds either of the following qualifications relevant to the endorsement—\n\n(i) an approved qualification;\n\n(ii) another qualification that, in the National Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\n\n(b) complies with any approved registration standard relevant to the endorsement.\n\nNote 3: An endorsement of the registration of a midwife under section 94 of the Health Practitioner Regulation National Law indicates that the midwife is qualified to administer, obtain, possess, prescribe, sell, supply or use the scheduled medicine or class of scheduled medicines specified in the endorsement but does not authorise the midwife to do so. Such authorisation will be provided for by or under another Act of the relevant jurisdiction.\n\n \n\nSchedule 1—Repeals\n\nNote: See section 5.\n\nNational Health (Eligible midwives) Determination 2010\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2010 determination with no expansion of scope. It maintains the same purpose—setting requirements for eligible midwife status—and actually simplifies the presentation by consolidating requirements into a single, clear endorsement requirement. The substance appears unchanged from the original intent of ensuring only appropriately qualified midwives access Medicare benefits."},"complexity_factors":["Very short instrument (only 6 substantive sections plus Schedule)","Minimal defined terms (only 5 definitions in section 4, plus references to defined terms in parent Act)","Single operative requirement in section 6 with straightforward condition","No nested exceptions or complex conditional logic","Extensive use of explanatory notes rather than dense legal text","Simple repeal schedule (repeals one previous instrument in its entirety)","Heavy reliance on external legislation (National Health Act 1953 and Health Practitioner Regulation National Law) for substantive content, keeping this instrument brief"],"plain_english_summary":"This law sets out who qualifies as an \"eligible midwife\" under Australia's national health system. An eligible midwife is a midwife who can get Medicare rebates (government payments) for their services.\n\n**What it does:**\n- Replaces an older 2010 law with updated rules\n- Creates one clear requirement: to be an \"eligible midwife,\" a midwife must have a special endorsement on their registration from the Nursing and Midwifery Board of Australia\n\n**What this endorsement means:**\n- It shows the midwife is qualified to handle prescription medicines (called \"scheduled medicines\")\n- To get this endorsement, the midwife must:\n  - Have the right qualifications (or equivalent training), **and**\n  - Meet the Board's professional standards\n\n**Important note:** The endorsement proves the midwife is *qualified* to prescribe or use medicines, but doesn't automatically give them legal *permission* to do so. That permission comes from separate state or territory laws.\n\n**Who it affects:**\n- Midwives who want Medicare rebates for their services\n- Pregnant women and families using midwife care (as it affects who can claim Medicare)\n- The Nursing and Midwifery Board of Australia (which issues the endorsements)\n\n**Why it matters:**\nThis determines which midwives can access Medicare funding, ensuring only properly qualified midwives who can safely handle medicines receive government support for their services."},"summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument remakes and replaces the National Health (Eligible midwives) Determination 2010. It re-states the same requirement: a midwife must hold a scheduled medicines endorsement on their registration to be an eligible midwife under Part VII of the National Health Act 1953. No new classes of practitioners are affected, and the scope of the previous determination is preserved."},"complexity_factors":["Narrow definitional instrument","Repeals and remakes a single requirement without substantive change","No new obligations for practitioners or the public"],"plain_english_summary":"This instrument updates who counts as an 'eligible midwife' under the National Health Act 1953. An eligible midwife can provide services that attract Medicare benefits and prescribe certain medicines under the Pharmaceutical Benefits Scheme. The determination replaces the old 2010 version. \n\nTo be an eligible midwife, a midwife must be registered with the Nursing and Midwifery Board of Australia and have an endorsement on that registration for scheduled medicines. This endorsement shows the midwife is qualified to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines. The endorsement itself does not authorise the midwife to prescribe; that authority comes from the drugs and poisons legislation of the relevant state or territory. \n\nThe instrument also formally repeals the National Health (Eligible midwives) Determination 2010. Nothing else about the eligible midwife framework has changed. \n\nThis matters for midwives who want to provide Medicare-rebatable services or prescribe PBS medicines, and for patients who want to claim Medicare rebates for midwifery care. If you are a midwife, you should confirm that your registration includes the scheduled medicines endorsement. If you are a patient, you can ask your midwife whether they hold this endorsement, because it is essential for your Medicare and PBS entitlements. The determination does not impose any new training or regulatory burdens; it restates the existing professional requirement in a current instrument."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/national-health-eligible-midwives-determination-2022","history":"/api/acts/national-health-eligible-midwives-determination-2022/history","analysis":"/api/acts/national-health-eligible-midwives-determination-2022/analysis","conflicts":"/api/acts/national-health-eligible-midwives-determination-2022/conflicts","importantCases":"/api/acts/national-health-eligible-midwives-determination-2022/important-cases","documents":"/api/acts/national-health-eligible-midwives-determination-2022/documents"}}