Public Health (General) Amendment (Health Practitioners) Regulation 2009 (NSW)

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2009 No 85

New South Wales

Public Health (General) Amendment

(Health Practitioners) Regulation 2009

under the

Public Health Act 1991

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Public Health Act 1991.

JOHN DELLA BOSCA MLC

Minister for Health

Explanatory note
The object of this Regulation is to require a practitioner who is de-registered or subject to a prohibition order to notify the practitioner’s patients and employer of certain matters relating to the de-registration or prohibition order.
This Regulation is made under the Public Health Act 1991, including sections 10AK and 82

(the general regulation-making power).

Published LW 6 March 2009 Page 1
2009 No 85
Clause 1 Public Health (General) Amendment (Health Practitioners) Regulation 2009

Public Health (General) Amendment (Health

Practitioners) Regulation 2009

under the

Public Health Act 1991

1      Name of Regulation

This Regulation is the Public Health (General) Amendment (Health
Practitioners) Regulation 2009.

2 Amendment of Public Health (General) Regulation 2002

The Public Health (General) Regulation 2002 is amended as set out in
Schedule 1.

2009 No 85

Public Health (General) Amendment (Health Practitioners) Regulation 2009

Amendment Schedule 1
Schedule 1 Amendment

(Clause 2)

Clause 25B

Insert after clause 25A:

25B Notice to be given by health practitioners who are de-registered or
subject to prohibition orders

(1)

For the purposes of section 10AK (2) of the Act, the notification to be given by a de-registered health practitioner to a person to whom the health practitioner intends to provide a health service or, if that person is under 16 years of age or under guardianship, to a parent or guardian of that person, is a notice in writing that sets out the following:

(a)

the type of registration the health practitioner held prior to becoming a de-registered health practitioner,

(b)

the date the health practitioner became a de-registered health practitioner,

(c)

the reason the health practitioner became a de-registered health practitioner,

(d)

the period for which the health practitioner will be a de-registered health practitioner.

(2)

For the purposes of section 10AK (2) of the Act, the notification to be given by a de-registered health practitioner to the health practitioner’s employer is a copy of the relevant decision and orders relating to the de-registration of the health practitioner.

(3)

For the purposes of section 10AK (3) of the Act, the notification to be given by a health practitioner who is subject to a prohibition order to a person to whom the health practitioner intends to provide a health service or, if that person is under 16 years of age or under guardianship, to a parent or guardian of that person, is a notice in writing that sets out the following:

(a)

the type of health service or services the practitioner was providing prior to becoming subject to the prohibition order,

(b) the date of the prohibition order,

(c)

any health service the health practitioner has been prohibited from practising under the prohibition order,

(d)

the reason the health practitioner is subject to the prohibition order,

2009 No 85

Public Health (General) Amendment (Health Practitioners) Regulation 2009

Schedule 1 Amendment

(e)

the period for which the health practitioner is subject to the prohibition order.

(4) For the purposes of section 10AK (3) of the Act, the notification to be given by a health practitioner who is subject to a prohibition order to the health practitioner’s employer is a copy of the relevant decision and orders relating to the prohibition order.
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