Health Act 1911

Health (Skin Penetration Procedure) Regulations 1998

Reprint 1: The regulations as at 14 May 2004


Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original regulations are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions that would amend the text if they were to come into operation. The table refers to another endnote setting out the text of the amendments in full.

Notes amongst text (italicised and within square brackets)

Editorial notes show if something has been omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything omitted can be found in an earlier reprint (if there is one) or the regulations as published.

Reprint numbering and date

1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.

2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

 

 

 

Reprinted under the Reprints Act 1984 as

at 14 May 2004

Health (Skin Penetration Procedure) Regulations 1998

CONTENTS

1.Citation1

2.Commencement1

3.Interpretation1

4.Application2

5.Regulations to operate as local laws2

6.Owner of an establishment to notify local government3

7.Adoption of Code3

8.Compliance with the Code3

9.Infectious diseases5

Notes

Compilation table6

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 14 May 2004

Health Act 1911

Health (Skin Penetration Procedure) Regulations 1998

1.Citation

These regulations may be cited as the Health (Skin Penetration Procedure) Regulations 1998 1.

2.Commencement

These regulations come into operation on 1 June 1998.

3.Interpretation

In these regulations, unless the context otherwise requires — 

client means a person on whom a skin penetration procedure is being, or is to be carried out, whether or not for fee, gain or reward;

dentist means a person registered as a dentist under the Dental Act 1939;

establishment means a premises or place or a portion of a premises or place where a skin penetration procedure is, or is intended to be, carried out in the ordinary course of a practice;

medical practitioner means a person who is registered under the Medical Act 1894;

operator means a person who carries out or intends to carry out a skin penetration procedure;

owner, in relation to an establishment, means — 

(a)the owner of the establishment; or

(b)if the owner is not the occupier of the establishment — the occupier;

skin penetration procedure means a procedure in which — 

(a)the skin is cut, punctured, torn or shaved; or

(b)mucous membrane is cut, punctured or torn.

4.Application

(1)These regulations do not apply to a skin penetration procedure carried out by — 

(a)a medical practitioner or a dentist, where the procedure is carried out in the practice of medicine or dentistry, respectively;

(b)a person acting under the direction or supervision of a medical practitioner or dentist, where the procedure is carried out for the purpose of the practice of medicine or dentistry, respectively;

(c)a podiatrist registered under the Podiatrists Registration Act 1984 or a nurse registered under the Nurses Act 1992 where the procedure is carried out in the practice of podiatry or nursing, respectively.

(2)These regulations do not apply to a place that is, or is intended to be, used solely as a surgery by a medical practitioner or a dentist.

5.Regulations to operate as local laws

These regulations apply to all districts as if they were local laws made under the Act.

6.Owner of an establishment to notify local government

The owner of an establishment must notify the local government of the area in which the establishment is, or is to be, situated of the name and address of the establishment or the intended name and address of any proposed establishment.

Penalty:

(a)in the case of a first offence — a penalty which is not less than $100 and not more than $1 000;

(b)in the case of a second offence — a penalty which is not less than $200 and not more than $1 000; and

(c)in the case of a third or subsequent offence — a penalty which is not less than $500 and not more than $1 000.

7.Adoption of Code

(1)Under section 344A(1) of the Health Act 1911, the Code of Practice for Skin Penetration Procedures published by the Executive Director, Public Health, and amended from time to time, under section 344A(2) of the Health Act 1911 (referred to in these regulations as the Code) is adopted in whole.

(2)Under section 344A(3) of the Health Act 1911, the office of the Environmental Health Services of the Health Department of Western Australia, Grace Vaughan House, 227 Stubbs Terrace, Shenton Park, Perth is prescribed as the place at which the Code is available for public inspection, without charge, during normal office hours.

8.Compliance with the Code

(1)An owner of an establishment who does not ensure that the establishment complies with the Code commits an offence under these regulations.

Penalty:

(a)in the case of a first offence — a penalty which is not less than $100 and not more than $1 000;

(b)in the case of a second offence — a penalty which is not less than $200 and not more than $1 000;

(c)in the case of a third or subsequent offence — a penalty which is not less than $500 and not more than $1 000; and

(d)in the case of a continuing offence — a daily penalty which is not more than $100 and not less than $50.

(2)The owner of an establishment who does not ensure that a skin penetration procedure carried out on the establishment is carried out in accordance with the Code commits an offence under these regulations.

Penalty:

(a)in the case of a first offence — a penalty which is not less than $100 and not more than $1 000;

(b)in the case of a second offence — a penalty which is not less than $200 and not more than $1 000; and

(c)in the case of a third or subsequent offence — a penalty which is not less than $500 and not more than $1 000.

(3)An operator who does not carry out a skin penetration procedure in accordance with the Code commits an offence under these regulations.

Penalty:

(a)in the case of a first offence — a penalty which is not less than $100 and not more than $1 000;

(b)in the case of a second offence — a penalty which is not less than $200 and not more than $1 000; and

(c)in the case of a third or subsequent offence — a penalty which is not less than $500 and not more than $1 000.

9.Infectious diseases

A person who knows or could reasonably have been expected to know that he or she is or may be suffering from an infectious disease must not permit an operator to carry out a skin penetration procedure on the person unless the person has told the operator that the person has or may have the disease.

Penalty:

(a)in the case of a first offence — a penalty which is not less than $100 and not more than $1 000;

(b)in the case of a second offence — a penalty which is not less than $200 and not more than $1 000; and

(c)in the case of a third or subsequent offence — a penalty which is not less than $500 and not more than $1 000.

[10.Omitted under the Reprints Act 1984 s. 7(4)(f).]

dline

 

Notes

1This is a reprint as at 14 May 2004 of the Health (Skin Penetration Procedure) Regulations 1998. The following table contains information about those regulations and any reprint.

Compilation table

Citation

Gazettal

Commencement

Health (Skin Penetration Procedure) Regulations 1998

17 Mar 1998 p. 1415‑16

1 Jun 1998 (see r. 2)

Reprint 1: The Health (Skin Penetration Procedure) Regulations 1998 as at 14 May 2004

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer