39Director of nursing of establishment

39 Director of nursing of establishment

(1)  This section applies to an establishment that is a day-procedure centre or a private hospital.

(2)  The licensee of an establishment to which this section applies must not conduct the establishment unless –

(a) [Section 39 Subsection (2) amended by No. 10 of 2011, s. 8, Applied:01 Oct 2011] there is a person who carries out the duties of director of nursing of the establishment and who is responsible for the care of the patients in the establishment as prescribed by the regulations; and

(b) that person is a registered nurse and has such experience as the Secretary considers necessary for the proper conduct of the establishment.

Penalty:  Fine not exceeding 20 penalty units.

(3)  [Section 39 Subsection (3) amended by No. 10 of 2011, s. 8, Applied:01 Oct 2011] The licensee of an establishment to which this section applies is not guilty of an offence under subsection (2) merely because, from time to time (not exceeding at any one time a period of 21 days), there is no person who is a registered nurse with the experience referred to in subsection (2)(b) carrying out the duties of director of nursing of the establishment.

(4)  [Section 39 Subsection (4) amended by No. 10 of 2011, s. 8, Applied:01 Oct 2011] Except as may be provided by the regulations, the licensee of an establishment to which this section applies must notify the Secretary in writing of the full name and the qualifications of the person who carries out the duties of director of nursing of the establishment.

Penalty:  Fine not exceeding 5 penalty units.

(5)  A notification under subsection (4)  –

(a) [Section 39 Subsection (5) amended by No. 10 of 2011, s. 8, Applied:01 Oct 2011] is to be given before the person to whom it relates commences to carry out the duties of director of nursing or, if that is not practicable, immediately after that time; and