Health Practitioner Regulation National Law (Queensland)
sec.35Functions of National Boards
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sec.35 Functions of National Boards
The functions of a National Board established for a health profession are as follows— to register suitably qualified and competent persons in the health profession and, if necessary, to impose conditions on the registration of persons in the profession; to decide the requirements for registration or endorsement of registration in the health profession, including the arrangements for supervised practice in the profession; to develop or approve standards, codes and guidelines for the health profession, including— the approval of accreditation standards developed and submitted to it by an accreditation authority; and the development of registration standards for approval by the Ministerial Council; and the development and approval of codes and guidelines that provide guidance to health practitioners registered in the profession; to approve accredited programs of study as providing qualifications for registration or endorsement in the health profession; to oversee the assessment of the knowledge and clinical skills of overseas trained applicants for registration in the health profession whose qualifications are not approved qualifications for the profession, and to determine the suitability of the applicants for registration in Australia; to negotiate in good faith with, and attempt to come to an agreement with, the National Agency on the terms of a health profession agreement; to oversee the assessment and investigation of matters referred to it by the National Agency about persons who— are or were registered as health practitioners in the health profession under this Law or a corresponding prior Act; or are students in the health profession; This paragraph is an amended Queensland provision. to establish panels to conduct hearings about— health and performance and professional standards matters in relation to persons who are or were registered in the health profession under this Law or a corresponding prior Act; and health matters in relation to students registered by the Board; to refer matters about health practitioners who are or were registered under this Law or a corresponding prior Act to responsible tribunals for participating jurisdictions or to the health ombudsman; This paragraph is an amended Queensland provision. to oversee the management of health practitioners and students registered in the health profession, including monitoring conditions, undertakings and suspensions imposed on the registration of the practitioners or students; to make recommendations to the Ministerial Council about the operation of specialist recognition in the health profession and the approval of specialties for the profession; in conjunction with the National Agency, to keep up-to-date and publicly accessible national registers of registered health practitioners for the health profession; in conjunction with the National Agency, to keep an up-to-date national register of students for the health profession; at the Board’s discretion, to provide financial or other support for health programs for registered health practitioners and students; to give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme for the health profession; if asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the national registration and accreditation scheme; to do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation scheme; any other function given to the Board by or under this Law. For the purposes of subsection (1) (g) -(j), the Board’s functions do not include taking action referred to in those paragraphs in relation to behaviour by a registered health practitioner or student that occurred, or is reasonably believed to have occurred, in a co-regulatory jurisdiction unless the National Agency has referred the relevant matter to the Board. This subsection is an amended Queensland provision. s 35 amd 2013 No. 36 s 326 ; 2022 No. 22 s 118 (sec.35-ssec.1) The functions of a National Board established for a health profession are as follows— to register suitably qualified and competent persons in the health profession and, if necessary, to impose conditions on the registration of persons in the profession; to decide the requirements for registration or endorsement of registration in the health profession, including the arrangements for supervised practice in the profession; to develop or approve standards, codes and guidelines for the health profession, including— the approval of accreditation standards developed and submitted to it by an accreditation authority; and the development of registration standards for approval by the Ministerial Council; and the development and approval of codes and guidelines that provide guidance to health practitioners registered in the profession; to approve accredited programs of study as providing qualifications for registration or endorsement in the health profession; to oversee the assessment of the knowledge and clinical skills of overseas trained applicants for registration in the health profession whose qualifications are not approved qualifications for the profession, and to determine the suitability of the applicants for registration in Australia; to negotiate in good faith with, and attempt to come to an agreement with, the National Agency on the terms of a health profession agreement; to oversee the assessment and investigation of matters referred to it by the National Agency about persons who— are or were registered as health practitioners in the health profession under this Law or a corresponding prior Act; or are students in the health profession; This paragraph is an amended Queensland provision. to establish panels to conduct hearings about— health and performance and professional standards matters in relation to persons who are or were registered in the health profession under this Law or a corresponding prior Act; and health matters in relation to students registered by the Board; to refer matters about health practitioners who are or were registered under this Law or a corresponding prior Act to responsible tribunals for participating jurisdictions or to the health ombudsman; This paragraph is an amended Queensland provision. to oversee the management of health practitioners and students registered in the health profession, including monitoring conditions, undertakings and suspensions imposed on the registration of the practitioners or students; to make recommendations to the Ministerial Council about the operation of specialist recognition in the health profession and the approval of specialties for the profession; in conjunction with the National Agency, to keep up-to-date and publicly accessible national registers of registered health practitioners for the health profession; in conjunction with the National Agency, to keep an up-to-date national register of students for the health profession; at the Board’s discretion, to provide financial or other support for health programs for registered health practitioners and students; to give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme for the health profession; if asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the national registration and accreditation scheme; to do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation scheme; any other function given to the Board by or under this Law. (sec.35-ssec.2) For the purposes of subsection (1) (g) -(j), the Board’s functions do not include taking action referred to in those paragraphs in relation to behaviour by a registered health practitioner or student that occurred, or is reasonably believed to have occurred, in a co-regulatory jurisdiction unless the National Agency has referred the relevant matter to the Board. This subsection is an amended Queensland provision.