Hospitals Amendment Act (No 2) 1986
Hospitals Amendment Act (No 2) 1986
Hospitals Amendment Act (No 2) 1986
Hospitals Amendment Act (No 2) 1986
Public Act |
1986 No 19 |
|
Date of assent |
9 June 1986 |
|
Contents
An Act to amend the Hospitals Act 1957
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Hospitals Amendment Act (No. 2) 1986, and shall be read together with and deemed part of the Hospitals Act 1957 (hereinafter in this Act referred to as the principal Act).
(2)
This Act shall come into force on the 1st day of July 1986.
2 Functions of Minister
Section 3 of the principal Act is hereby amended by inserting, before paragraph (d), the following paragraph:
“(cd)
To advise Boards, as he thinks fit, of recommendations made by the Board of Health:”.
3 Bonds
Section 51b of the principal Act is hereby amended by—
(a)
Inserting, after the word “sustenance”
, the words “or for any other special purpose, may be required as a”
; and
(b)
Omitting those words where they appear after the words “Commission may require”
.
4 Remuneration and conditions of service of hospital board employees subject to awards or collective agreements
Section 52 of the principal Act (as substituted by section 65(1) of the Health Service Personnel Act 1983) is hereby amended by omitting from subsection (1) the words “area health boards”
, and substituting the word “Boards”
.
5 Closing of institutions and health services
(1)
The principal Act is hereby amended by repealing section 55 (as amended by section 7 of the Hospitals Amendment Act 1968), and substituting the following section:
“55
“(1)
Any Board may, with the consent of the Minister, given on the recommendation of the Hospitals Advisory Council and after he and it have had regard to that Board’s development plans, close any institution under its control.
“(2)
Notwithstanding subsection (1) of this section, a Board may, without the consent of the Minister,—
“(a)
Close any institution under its control for a period not exceeding 3 months at any one time:
“(b)
Restrict the forms of care, treatment, or relief granted in or from any institution or service under its control:
“(c)
Close a health centre or a family health counselling centre under its control:
“(d)
Cease to provide any particular service.”
(2)
Section 7 of the Hospitals Amendment Act 1968 is hereby consequentially repealed.
6 Access for persons conducting research
The principal Act is hereby amended by inserting, after section 59, the following section:
“59a.
A Board may from time to time enter into an agreement with any person providing for access to any institution or service under the control of that Board of any person engaged in research into any matter related to any service provided by the Board.”
7 Access to maternity hospitals and wards by medical practitioners
Section 61 of the principal Act is hereby amended by omitting the word “may”
, and substituting the word “shall”
.
8 Non-disclosure of medical information
(1)
Section 62(4) of the principal Act (as substituted by section 3 of the Hospitals Amendment Act 1980) is hereby amended by adding to paragraph (d) the words“, or by any psychologist employed by the Department of Education”
.
(2)
The said section 62(4) is hereby further amended by inserting, after paragraph (g), the following paragraph:
“(ga)
Information disclosed to a solicitor who is acting for the patient and who requests it for any purpose that is in the interests of the patient:”.
9 Bylaws
(1)
Section 65(1) of the principal Act is hereby amended by repealing paragraph (ft) (as inserted by section 9 of the Hospitals Amendment Act 1970, and amended by section 12 of the Hospitals Amendment Act 1973), and substituting the following paragraph:
“(ff)
Regulating the entry, use, and parking of vehicles on land owned by or vested in the Board, or on roads under the Board’s control:”.
(2)
Section 65(1)(j) of the principal Act is hereby amended by omitting the expression “$20”
(as substituted by section 7 of the Decimal Currency Act 1964), and substituting the expression “$500”
.
(3)
The following provisions are hereby consequentially repealed:
(a)
Section 9 of the Hospitals Amendment Act 1970:
(b)
Section 12 of the Hospitals Amendment Act 1973.
10 Liability for cost of treatment
(1)
Section 78a of the principal Act (as inserted by section 10(1) of the Hospitals Amendment Act 1968 and amended by section 14 of the Hospitals Amendment Act 1973) is hereby amended by adding the following subsection:
“(12)
Every Board shall from time to time, by resolution in open meeting, prescribe a scale of the fees payable under subsection (2) of this section.”
(2)
Section 65(1)(i) of the principal Act is hereby consequentially repealed.
11 Annual allowances and remuneration to Chairmen, Deputy Chairmen, chairmen of standing and special committees, and members
Section 95a of the principal Act (as substituted by section 39(2) of the Local Government Amendment Act 1985) is hereby amended by inserting, after the word “standing”
, in both places where it appears, the words “or special”
.
12 Minister to have regard to existing services
(1)
The principal Act is hereby amended by inserting, after section 121, the following section:
“121a
“(1)
In determining whether or not to issue a licence, or to vary the terms of a licence under section 124 of this Act, the Minister shall have regard to the services (being services of the kind intended to be provided in the hospital to which the application concerned relates) provided, and planned to be provided, within the locality in which that hospital will be or is situated.
“(2)
Subsection (1) of this section shall not affect the generality of section 122(2) or section 124(3) of this Act.”
(2)
Sections 121 and 122 of the principal Act are hereby amended—
(a)
By omitting the word “granted”
, in both places where it appears, and substituting, in each case, the word “issued”
; and
(b)
Omitting the word “grant”
, and substituting the word “issue”
.
13 Substituted licences
The principal Act is hereby amended by inserting, after section 128, the following section:
“128a
Notwithstanding anything in this Part of this Act, the Minister may, if he thinks fit, cancel an existing licence and issue a new licence in substitution for it,—
“(a)
To a person to whom the existing licence is being or has been transferred under section 127 or section 128 of this Act:
“(b)
To the existing licensee, where the terms of the existing licence are to be or have been varied under section 124(3) of this Act:
“(c)
To the existing licensee, where the existing licence has become disfigured or dilapidated, or contains a mistake, or where the Minister is satisfied that the existing licence has been lost or destroyed.”
14 Change of name of hospital district
The First Schedule to the principal Act is hereby amended by omitting, from the first column of item 25, the word “Waipawa”
, and substituting the words “Central Hawke’s Bay”
.
This Act is administered in the Department of Health.