Legislation updates for private health service establishments

Commencement of the Health Services (Health Service Establishments) Regulations 2013

The Health Services (Health Service Establishments) Regulations 2013 (the Regulations) came into operation on 1 July 2018. These replace the Health Services (Private Hospitals and Day Procedure Centres) Regulations 2013.

One significant change is the inclusion of anaesthesia in the Regulations. From 1 July 2018 anaesthesia (general anaesthesia, major regional blocks, intravenous sedation and local anaesthesia with potential to cause systemic toxicity) may only be provided in a registered hospital or day procedure centre. Dental practices must use the services of a registered mobile anaesthetic or dental sedation service if they are providing anaesthesia or intravenous sedation.

Any facility providing liposuction services, including existing facilities, must now be registered with the department. The only exception to the requirement is where the removal of a total of less than 200ml of lipoaspirate under low dose local anaesthetic occurs. This procedure can be undertaken in unregistered rooms.

Facilities providing alcohol and drug withdrawal, including existing facilities, are also required to be registered with the department. Typically, this involves the first 7 days of treatment although it may be longer. Facilities offering the rehabilitation phase of alcohol and drug recovery only are not within the scope of the regulations and do not require registration.