Div 8Endorsement of registration

Division 8—Endorsement of registration Subdivision 1—Endorsement in relation to scheduled medicines 94—Endorsement for scheduled medicines (1) A National Board may, in accordance with an approval given by the Ministerial Council under section 14, endorse the registration of a registered health practitioner registered in a health profession for which the Board is established as being qualified to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines if the practitioner— (ii) another qualification that, in the Board's opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and (b) complies with any approved registration standard relevant to the endorsement. The endorsement of a health practitioner's registration under this section indicates the practitioner is qualified to administer, obtain, possess, prescribe, sell, supply or use the scheduled medicine or class of medicines specified in the endorsement but does not authorise the practitioner to do so. The authorisation of a health practitioner to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines in a participating jurisdiction will be provided for by or under another Act of that jurisdiction. Health practitioners registered in certain health professions will be authorised to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines by or under an Act of a participating jurisdiction without the need for the health practitioners to hold an endorsement under this Law. (a) the scheduled medicine or class of scheduled medicines to which the endorsement relates; and (b) whether the registered health practitioner is qualified to administer, obtain, possess, prescribe, sell, supply or use the scheduled medicine or class of scheduled medicines; and (c) if the endorsement is for a limited period, the date the endorsement expires. Subdivision 2—Endorsement in relation to nurse practitioners 95—Endorsement as nurse practitioner (1) The National Board for the nursing profession may endorse the registration of a registered health practitioner whose name is included in the Register of Nurses as being qualified to practise as a nurse practitioner if the practitioner— (ii) another qualification that, in the Board's opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and (b) complies with any approved registration standard relevant to the endorsement. (a) that the registered health practitioner is entitled to use the title "nurse practitioner"; and (b) any conditions applicable to the practice by the registered health practitioner as a nurse practitioner. Subdivision 4—Endorsement in relation to acupuncture 97—Endorsement for acupuncture (1) A National Board may endorse the registration of a registered health practitioner registered in a health profession for which the Board is established as being qualified to practise as an acupuncturist if the practitioner— (ii) another qualification that, in the Board's opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and (b) complies with an approved registration standard relevant to the endorsement. (a) that the registered health practitioner is entitled to use the title "acupuncturist"; and (b) any conditions applicable to the practice of acupuncture by the registered health practitioner. Subdivision 5—Endorsements in relation to approved areas of practice 98—Endorsement for approved area of practice (1) A National Board established for a health profession may, in accordance with an approval given by the Ministerial Council under section 15, endorse the registration of a registered health practitioner registered in a health profession for which the Board is established as being qualified to practise in an approved area of practice for the health profession if the practitioner— (ii) another qualification that, in the Board's opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and (b) complies with an approved registration standard relevant to the endorsement. (a) the approved area of practice to which the endorsement relates; and (b) any conditions applicable to the practice by the registered health practitioner in the approved area of practice. Subdivision 6—Application for endorsement 99—Application for endorsement (1) An individual may apply to a National Board for endorsement of the individual's registration. (2) The application must— (c) be accompanied by any other information reasonably required by the Board. (3) For the purposes of subsection (2)(c), the information a National Board may require an applicant to provide includes— (a) evidence of the qualifications in the health profession the applicant believes qualifies the applicant for endorsement; and (b) evidence of successful completion of any period of supervised practice required by an approved registration standard; and (c) if the applicant is required to complete an examination or assessment set by or on behalf of the Board, evidence of the successful completion of the examination or assessment. 100—Boards' other powers before deciding application for endorsement (1) Before deciding an application for endorsement, a National Board may— (a) investigate the applicant, including, for example, by asking an entity— (i) to give the Board information about the applicant; or (ii) to verify information or a document that relates to the applicant; or (b) by written notice to the applicant, require the applicant to give the Board, within a reasonable time stated in the notice, further information or a document the Board reasonably requires to decide the application; or (c) by written notice to the applicant, require the applicant to attend before the Board, within a reasonable time stated in the notice and at a reasonable place, to answer any questions of the Board relating to the application; or (d) by written notice to the applicant, require the applicant to undergo a written, oral or practical examination, within a reasonable time stated in the notice and at a reasonable place. (2) The purpose of an examination under subsection (1)(d) must be to assess the applicant's ability to practise the health profession in accordance with the endorsement sought. (3) The applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1). 101—Applicant may make submissions about proposed refusal of application or imposition of condition (1) If, after considering an application for endorsement of a registration, a National Board is proposing to refuse to endorse the applicant's registration or to endorse the applicant's registration subject to a condition, the Board must give the applicant written notice of the proposal. (b) invite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day the notice is given to the applicant, about the proposal. 102—Decision about application (1) After considering an application for endorsement and any submissions made in accordance with a notice under section 101, a National Board must decide to endorse, or refuse to endorse, the applicant's registration as sought. (2) Without limiting subsection (1), a National Board may refuse to endorse an applicant's registration if— (a) the applicant is not qualified for the endorsement under a relevant section; or (b) the Board considers the applicant is not competent to practise the health profession in accordance with the endorsement sought. relevant section means section 94, 95, 97 or 98. 103—Conditions of endorsement (1) If a National Board decides to endorse the applicant's registration under section 102, the Board may decide to impose on the endorsement the conditions the Board considers necessary or desirable in the circumstances. A failure by a registered health practitioner to comply with a condition of the practitioner's registration does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. (2) If the National Board decides to impose a condition on the endorsement, the Board must also decide a review period for the condition. 103A—Undertakings at endorsement If a National Board decides to endorse the applicant's registration under section 102, the Board may accept any undertaking from the applicant the Board considers necessary or desirable in the circumstances. 104—Notice of decision to be given to applicant (1) As soon as practicable after making the decision under section 102, the National Board must— (a) give the applicant written notice of the Board's decision; and (b) if the Board decides to endorse the applicant's registration, give the applicant a new certificate of registration. (2) If the Board decides not to endorse the applicant's registration or decides to endorse the applicant's registration subject to a condition, the notice under subsection (1)(a) must state— (b) that the applicant may appeal against the decision; and 105—Period of endorsement If a National Board decides to endorse a registered health practitioner's registration, the endorsement— (a) starts when the Board makes the decision; and (b) expires when the practitioner's registration ends. 106—Failure to decide application for endorsement If a National Board fails to decide an application for endorsement within 90 days after its receipt, or the longer period agreed between the Board and the applicant, the failure by the Board to make a decision is taken to be a decision to refuse to endorse the applicant's registration.