HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 16D Unsuitable consumer-nominated health service provider
HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 16D
Unsuitable consumer-nominated health service provider(1) This section applies if—
(a) a record keeper receives a notice under section 16A nominating a health service provider; and
(b) the record keeper believes, on reasonable grounds, that the nominated health service provider is not a suitable person to act as the nominated health service provider.
(2) Within 2 weeks after the day the record keeper receives the nomination, the record keeper may give the consumer a written notice stating that the record keeper objects to the nominated health service provider.
Note For how documents may be served, see the Legislation Act
, pt 19.5.
(3) The notice—
(a) must state the ground of the objection; and
(b) may suggest the class of health service providers from which a health service provider should be nominated.
(4) However, the record keeper must not give a notice under subsection (2)—
(a) if—
(i) the health service provider who wrote the health record is registered with a registration board; and
(ii) the nominated health service provider is registered by the same board; or
(b) if the nominated health service provider is registered with the registration board established for the medical profession (other than as a student) and has the ability to understand and interpret the health record; or
(c) if the nominated health service provider—
(i) provides the same kind of service as the health service provider who wrote the health record; and
(ii) has the ability to understand and interpret the health record.
(5) In this section:
"registration board" means a national board established under the Health Practitioner Regulation National Law (ACT)