158Regulations

158 Regulations (1) The Governor in Council may make regulations for or with respect to prescribing— (a) the kind or kinds of care which may be provided to persons in private hospitals or day procedure centres; S. 158(1)(b) amended by No. 88/1994 s. 21(a)(i). (b) maximum fees for accommodation in, or health care or any other services provided by, a public hospital, denominational hospital or supported residential service; (c) circumstances in which or persons by whom a fee is not chargeable or payable for accommodation in or health care or other services provided by a public hospital or denominational hospital; S. 158(1)(ca) inserted by No. 34/2019 s. 60. (ca) requirements, guidelines and standards to be complied with by health service establishments in relation to governance of these establishments; S. 158(1)(d) substituted by No. 53/1990 s. 23(a), amended by No. 52/2017 s. 67(a). (d) requirements to be complied with for cleanliness and hygiene and the standards of care in health service establishments; S. 158(1)(da) inserted by No. 52/2017 s. 67(b). (da) requirements to be complied with by health service establishments in relation to the quality and safety of the health services they provide; (e) requirements to be complied with for the welfare of persons accommodated in or receiving health care or other services from health service establishments, including but not limited to matters of personal hygiene, nutrition, comfort, privacy and respectful treatment; (f) fire precautions to be complied with in health service establishments, including emergency procedures and the provision of equipment, access and fire escapes; S. 158(1)(g) substituted by No. 53/1990 s. 23(b). (g) requirements for staffing of health service establishments, including but not limited to appointments, numbers, qualifications, rostering and staffing arrangements; (h) requirements for the provision and maintenance of facilities, equipment, furnishings and fittings in health service establishments; S. 158(1)(i) amended by No. 53/1990 s. 23(c). (i) requirements for suitable storage facilities for food and medicines in health service establishments; (j) requirements for meal arrangements and for the supervision of medication in health service establishments; S. 158(1)(k) amended by Nos 53/1990 s. 23(d), 88/1994 s. 21(a)(ii). (k) requirements for or prohibiting advertising of private hospitals and supported residential services, including prohibiting or regulating the use of the words "private hospital" and "supported residential service"; (l) requirements to be complied with in relation to advising next of kin or other responsible persons concerned with the condition of a person accommodated in or receiving health care or other services from health service establishments; S. 158(1)(m) amended by No. 53/1990 s. 23(e). (m) requirements for the provision of and the display of information and documents in health service establishments; (n) records to be kept by registered funded agencies and proprietors of health service establishments, including the form of records, the time when or period within which entries are to be made in the records and the period for which records are to be retained; S. 158(1)(na) inserted by No. 2/2001 s. 103(5). (na) requirements or conditions relating to the giving or the use or collection of information for the purposes of section 141(3)(e)(ii) or section 141(3A) including, but not limited to, prescribing a class or classes of person who may give, use or collect that information; S. 158(1)(o) amended by No. 46/1998 s. 7(Sch. 1). (o) returns to be made to the Secretary by proprietors of health service establishments; S. 158(1)(oa) inserted by No. 1/2001 s. 4(1), repealed by No. 79/2008 s. 12, new s. 158(1)(oa) inserted by No. 4/2022 s. 11. (oa) information required to be provided by health service establishments (including private hospitals and day procedure centres) specifying details of the compliance of the health service entity with the duty of candour; S. 158(1)(ob) inserted by No. 4/2022 s. 11. (ob) the composition and size of a SAPSE panel; S. 158(1)(oc) inserted by No. 4/2022 s. 11. (oc) the composition and size of a multi-agency SAPSE panel; S. 158(1)(od) inserted by No. 4/2022 s. 11. (od) requirements that must be satisfied in order to comply with the duty of candour; S. 158(1)(oe) inserted by No. 39/2024 s. 96. (oe) offences against a provision of this Act or the regulations for the purposes of section 155(1); S. 158(1)(of) inserted by No. 39/2024 s. 96. (of) in relation to each offence prescribed for the purposes of section 155(1), the penalty for the offence; (p) penalties not exceeding 100 penalty units for breaches of the regulations; (q) any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstances; and S. 158(2)(ba) inserted by No. 53/1990 s. 23(f), amended by No. 46/1998 s. 7(Sch. 1). (ba) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Secretary, a municipal council or public authority or an officer of such a council or authority; and S. 158(2)(bb) inserted by No. 53/1990 s. 23(f), amended by No. 88/1994 s. 21(b). (bb) may prescribe fees payable for accommodation in, or health care or any other service provided by a public hospital or denominational hospital in terms of being a percentage of the pension and rental allowance under any Commonwealth law as payable from time to time; and S. 158(2)(c) repealed by No. 42/1993 s. 22(1). S. 158(2A) inserted by No. 42/1993 s. 22(2). (2A) The regulations may apply adopt or incorporate any matter contained in any document, code, standard, rule, specification or method (including any document fixing a fee) formulated, issued, prescribed or published by any person whether— (a) wholly or partially or as amended by the regulations; and (b) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; and (c) as formulated, issued, prescribed or published from time to time. S. 158(2B) inserted by No. 1/2001 s. 4(2), amended by No. 23/2002 s. 194(3)(a), repealed by No. 79/2008 s. 12. S. 158(2C) inserted by No. 1/2001 s. 4(2), amended by No. 23/2002 s. 194(3)(b), repealed by No. 79/2008 s. 12. S. 158(3) amended by No. 78/2010 s. 24(Sch. 1 item 15.1). (3) Regulations made under this section may be disallowed, in whole or in part, by resolution of either House of Parliament. S. 158(4) repealed by No. 78/2010 s. 24(Sch. 1 item 15.2).