NSW Health proposes new rules for infection control, record keeping and pharmacy standards

Under the draft regulation, health practitioners must comply with the infection control standards set out in schedule 2, unless they are already covered by standards issued by a relevant National Board, or those in professions that do not directly interact with patients (such as psychologists). 

The goal is to ensure health practitioners have in place appropriate standardised infection control procedures to minimise the risk of transmitting infectious diseases, including blood borne viruses. These requirements outlined in schedule 2 include:

• hand and skin cleaning and the use of gloves
• taking precautions to avoid direct exposure to a patient’s blood or body substances
• use of protective gowns, aprons, masks, and protective eye wear
• use and disposal of sharps
• disinfection and sterilisation of equipment and use of single-use equipment
• clinical waste disposal. 

If a standard or guideline issued by the National Board conflicts with the draft regulation, the Board’s standards or guidelines will take precedence. 

The draft regulation outlines detailed requirements in schedule 3 for how medical records must be created, stored and retained by medical practitioners and medical corporations. Key points include:

• a record be kept for each patient, specifying the necessary content
• medical corporations must appoint a responsible medical practitioner for record keeping, with written notice to the Medical Council
• records must be created at the time of treatment or as soon as practicable
• records must be kept for at least seven years. For patients over 18, records must be kept until the patient turns 25; and
• when records should be made and outline storage and disposal guidelines, ensuring confidentiality is preserved through reasonable means. 

These provisions largely mirror existing requirements of the 2016 Regulation.

The draft regulation replicates the existing standards for pharmacy premises (with minor updates), outlined in section 12, including:

• Public access: Pharmacies must provide at least one doorway for direct public access.
• Security: Premises, including doors, windows, floors, and ceilings, must be secure to prevent unauthorised access, especially to scheduled medicines.
• Dispensing area: Pharmacies must have a dispensing area of at least eight square metres, or a smaller area approved by the Pharmacy Council. The dispensing area must be well-lit, ventilated, and heated, with a stainless-steel sink, a 40cm wide bench providing at least 1 square metre of workspace, and a dispensary barcode scanner at each station.
• Confidential consultation area: Pharmacies must have a space where consultations with pharmacists are private and not heard by others. Pharmacists can now directly supply several vaccines to patients in these areas.
• Required equipment: Pharmacies must install and maintain the equipment listed in schedule 4 and any other necessary equipment for safe and competent pharmacy services.
• Publications: Pharmacies must keep or have electronic access to the publications, such as the Poisons and Therapeutic Goods Act 1996 (NSW).

Schedule 1 of the draft regulation proposes updates to the council membership, to improve consistency in the size and memberships of professional councils (Councils). The main proposed change is the establishment of a shared lay members panel, ensuring community members on the Councils participate in various regulatory processes. 

It also requires the Medical Council to include a member nominated by Multicultural NSW. 

An implementation process for these changes will also be developed.