75. The Act of 2007 is amended by the insertion of the following section after section 101:

“101A. (1) Without limiting the generality of section 98, the Minister, having consulted the Authority and any other person as he or she considers appropriate, may prescribe a health service to be a prescribed private health service for the purposes of this Act.

(2) For the purposes of subsection (1), the Minister shall have regard to the following matters:

(a) whether the service is provided on an in-patient, day-patient or out‑patient basis;

(b) whether the service is provided in a hospital (other than a private hospital) where medical or surgical treatment for illness or injury, disability, palliative, obstetric or gynaecological care is provided;

(c) whether a general anaesthetic is administered to a patient in the provision of that service;

(d) whether the service is provided in a hospital (other than a private hospital) where the provision of the service is under the direction of registered medical practitioners from at least 3 different medical specialities who are registered in the Specialist Division of the register of medical practitioners;

(e) whether the service that is being provided is arranged by the National Treatment Purchase Fund Board under the National Treatment Purchase Fund Board (Establishment) Order 2004 (S.I. No. 179 of 2004);

(f) whether the service that is being provided includes the performance of surgery, or a surgical intervention, in respect of aesthetic purposes, or other non-clinical purposes, that involves instruments or equipment being inserted into the body of the patient.

(3) When prescribing a health service to be a prescribed private health service under subsection (1), the Minister shall not prescribe health services provided—

(a) at a designated centre,

(b) at a centre registered by the Mental Health Commission, or

(c) at a retail pharmacy business.

(4) In this section, ‘retail pharmacy business’ has the same meaning as it has in the Pharmacy Act 2007.”.