Medical Act Amendment Act 1979 (Qld)

335 QIY znslFtxta ANNO VICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 34 of 1979 An Act to amend the MedicalAct 1939- 1976 in certain particulars [ASSENTED TO 2OTH JUNE, 1979] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Medical Act Amendment Act 1979. (2) In this Act the Medical Act1939-1978 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Medical Act1939-1979. 2. Amendment of s. 4 . Section 4 of the Principal Act is amended by adding at the end of the term " Medical call service" the words " other than a locum tenens in the place of such firstmentioned medical practitioner ". 3. Amendment of s. 16. Section 16 of the Principal Act is amended by in subsection (2) omitting the words " one hundred dollars " and substituting the expression " $1 000 ".

336 Medical Act Amendment Act 1979, No. 34 4. Amendment of s. 19. Section 19 of the Principal Act is amended by- (a) in subsection (1), omitting the second paragraph and substituting the following paragraphs:- " The Board may, where it thinks fit, appoint a Committee of Assessors composed of medical practitioners (whether or not they are members of the Board), to determine the medical fitness to practise medicine of an applicant for registration or renewal of registration, and the Board may require the applicant to appear before the Committee. On being so required the applicant shall report to the Committee of Assessors at the time and place stipulated in the requisition and shall submit himself to examination by the Committee and to such other tests or examinations as the Committee may require. On completion of the examination and such other tests or examinations as are required the Committee of Assessors shall certify to the Board as to the medical fitness of the applicant to practise medicine and the Board shall be bound by that certificate. If an applicant fails to report or submit himself when and as required pursuant to this subsection the Board shall reject his application for registration or renewal of registration."; (b) inserting after subsection (1) the following subsection:- " (lA) A person whose application for registration as a medical practitioner depends on his being the holder of one of the prescribed qualifications obtained in another country or depends partly on the qualification referred to in paragraph (c) of subsection (1) shall, subject to this Act, in the first instance be entitled to be registered under this Act as a medical practitioner for-the period of one year only. If that person prior to the expiration of that period satisfies the Board that he is practising medicine in Queensland the Board may confirm the registration of that person as a medical practitioner under this Act whereupon his registration shall, while the certificate granted to him in thq first instance is still in force, unless the Board decides otherwise, date from the granting of that certificate.". 5. Amendment of s. 20. Section 20 of the Principal Act is amended by, in subsection (1)- (a) in paragraph (c) (ii), omitting the word " the " where secondly occurring; (b) in paragraph (d), omitting the word " the " where firstly occurring. 6. Amendment of s. 28 . Section 28 of the Principal Act is amended by, in subsection (1)- (a) inserting at the end of subparagraph (iii) the following symbol and subparagraph:- "; or (iv) whose registration is not confirmed by the Board pursuant to section 19 (IA) ";

Medical Act Amendment Act 1979, No. 34 337 (b) omitting subsection (lA) and substituting the following subsection:- " (IA) (a) If it comes to the notice of the Board that any person whose name then appears upon the register of medical practitioners may be medically unfit to practise medicine, the Board may appoint a Committee of Assessors (whether or not they are members of the Board) to determine the medical fitness to practise medicine of that person, and the Board may require that person to appear before the Committee. On being so required the person shall report to the Committee of Assessors at the time and place stipulated in the requisition and shall submit himself to examination by the Committee and to such other tests or examinations as the Committee may require. On completion of the examination and such other tests or examinations as are required the Committee of Assessors shall certify to the Board as to the medical fitness of that person to practise medicine. (b) If a certificate issued to the Board by a.Committee of Assessors states that the person named therein is medically unfit to practise medicine or that he failed to appear before it or failed to submit himself when and as required pursuant to paragraph (a), the Board shall by notice in writing call upon such person to show cause at a place, date and time specified by the Board in such notice why his name should not be erased from the register. If such cause be not shown to the Board's satisfaction as requested by the Board, the Board may instruct the registrar to erase the name of that person from the register."; (c) in subsection (3), inserting after the words " be suspended " the words " or when any other registration authority that maintains a register of medical practitioners directs that the registration of any medical practitioner be suspended ". 7. Amendment of s. 35. Section 35 of the Principal Act is amended by inserting at the end of subparagraph (xii) the following symbol and subparagraphs:- 14 ; or (xiii) Makes payment to or bestows any benefit or favour of whatsoever nature upon another medical practitioner or offers or attempts so to do in consideration. of or in contemplation of that other medical practitioner having referred or referring to him for the performance or provision of any medical or diagnostic service on behalf of any patient of that other medical practitioner; or (xiv) Accepts any payment, benefit or favour of whatsoever nature or agrees to so accept from any person (whether a medical practitioner or otherwise) in consideration of the referral by him to that person for the performance or provision of a medical or diagnostic service on behalf of any patient of that medical practitioner; or (xv) Is convicted of two offences against the by-laws committed within any period of 12 months ".

338 Medical Act Amendment Act 1979, No. 34 8. New s. 35A. The Principal Act is amended by inserting after section 35 the following section: "35A. Rules of practice. (1) The Board, with the approval of the Governor in Council, may formulate rules governing the professional conduct of medical practitioners. A medical practitioner who fails to comply with such rules shall be guilty of misconduct in a professional respect. (2) Nothing in this section prevents any matter not dealt with in the rules formulated under this section from being treated for the purposes of this Act as misconduct in a professional respect.". 9. Amendment of s. 37A. Section 37A of the Principal Act is amended by, in subsection (1)- (a) in subparagraph (i) omitting the expression " $200 " and substituting the expression " $1 000 "; (b) in subparagraph (ii) omitting the expression " . " and substituting the expression " ; or ". 10. Amendment of s. 75. Section 75 of the Principal Act is amended by omitting the words " one hundred dollars " and substituting the expression " $1000 ".