HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 141B
Mandatory notifications by treating practitioners of substantial risk of harm to public
HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 141B
Mandatory notifications by treating practitioners of substantial risk of harm to public
141B Mandatory notifications by treating practitioners of substantial risk of
harm to public
(1) Subsection (2) applies to a registered health
practitioner (the
"treating practitioner" ) who, in the course of providing a health service to
another registered health practitioner (the
"second health practitioner" ), forms a reasonable belief that the second
health practitioner is placing the public at substantial risk of harm by
practising the profession--
(a) while the practitioner has an impairment; or
(b) while intoxicated by alcohol or drugs; or
(c) in a way that constitutes a
significant departure from accepted professional standards.
(2) The treating
practitioner must, as soon as practicable after forming the reasonable belief,
notify the National Agency of the second health practitioner's conduct that
forms the basis of the reasonable belief.
Note : See section 237 which
provides protection from civil, criminal and administrative liability for
persons who, in good faith, make a notification under this Law.
(3)
Subsection (4) applies to a registered health practitioner (also the
"treating practitioner" ) who, in the course of providing a health service to
a student, forms a reasonable belief that the student has an impairment that,
in the course of the student undertaking clinical training, may place the
public at substantial risk of harm.
(4) The treating practitioner must, as
soon as practicable after forming the reasonable belief, notify the National
Agency of the student's impairment.
Note : See section 237 which provides
protection from civil, criminal and administrative liability for persons who,
in good faith, make a notification under this Law.
(5) In considering whether
the public is being, or may be, placed at substantial risk of harm, the
treating practitioner may consider the following matters relating to an
impairment of the second health practitioner or student--
(a) the nature,
extent and severity of the impairment;
(b) the extent to which the second
health practitioner or student is taking, or is willing to take, steps to
manage the impairment;
(c) the extent to which the impairment can be managed
with appropriate treatment;
(d) any other matter the treating practitioner
considers is relevant to the risk of harm the impairment poses to the public.
(6) A contravention of subsection (2) or (4) by the treating practitioner does
not constitute an offence but may constitute behaviour for which action may be
taken under this Part.
