Division 3 Provision of health services by health practitioners who are de-registered or subject to prohibition orders

101   Definitions

(1)  In this Division:

de-registered health practitioner means a health practitioner whose registration as a health practitioner under the Health Practitioner Regulation National Law or interstate health registration legislation has been cancelled, or is suspended, as a result of disciplinary proceedings under the Health Practitioner Regulation National Law, the Health Practitioner Regulation National Law (NSW) or interstate health registration legislation.

interstate health registration legislation means legislation of another State or Territory (other than the Health Practitioner Regulation National Law) that provides for the registration of health practitioners.

prohibition order means a prohibition order made under the Health Practitioner Regulation National Law (NSW)or section 41A of the Health Care Complaints Act 1993, and includes an interim prohibition order made under section 41AA of that Act.

(2)  For the purposes of this Division, a person’s registration as a health practitioner is cancelled under the Health Practitioner Regulation National Law or interstate health registration legislation if any of the following happen as a result of an action, decision, determination or order of a registration board, tribunal or court under that Law or legislation:

(a)  the person’s registration is cancelled,

(b)  the person is de-registered,

(c)  the person’s name is removed from, or struck off, a register or a roll,

(d)  the person’s practising certificate is cancelled.

(3)  For the purposes of this Division, a health practitioner is subject to a prohibition order if the health practitioner is, because of the order, subject to conditions when providing health services or is prohibited from providing some or all health services.

102   Provision of health services by persons who are de-registered or subject to prohibition orders

(cf 1991 Act, s 10AK)

(1)  Before providing a health service, a de-registered health practitioner must ensure that:

(a)  the person to whom the health practitioner intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person, and

(b)  if the health service is to be provided by the health practitioner as an employee, the health practitioner’s employer,

      are notified, in accordance with the regulations, that the health practitioner’s registration under the Health Practitioner Regulation National Law or interstate health registration legislation has been cancelled, or is suspended, as the case may be.

Maximum penalty: 100 penalty units, or imprisonment for 6 months, or both.

(2)  Before providing a health service, a health practitioner who is subject to a prohibition order must ensure that:

(a)  the person to whom the health practitioner intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person, and

(b)  if the health service is to be provided by the health practitioner as an employee, the health practitioner’s employer,

      are notified, in accordance with the regulations, that the health practitioner is subject to the order.

Maximum penalty: 100 penalty units, or imprisonment for 6 months, or both.

(3)  A person must not provide a health service in contravention of a prohibition order.

Maximum penalty: 200 penalty units, or imprisonment for 12 months, or both.

103   Advertising of health services if person is de-registered or subject to a prohibition order

(cf 1991 Act, s 10AL)

(1)  A person must not advertise a health service that is to be provided by a de-registered health practitioner unless the advertisement specifies that the health practitioner’s registration under the Health Practitioner Regulation National Law or interstate health registration legislation has been cancelled, or is suspended, as the case may be.

Maximum penalty: 100 penalty units, or imprisonment for 6 months, or both.

(2)  A person must not advertise a health service that is to be provided by a health practitioner who is subject to a prohibition order unless the advertisement specifies that the health practitioner is subject to the order.

Maximum penalty: 100 penalty units, or imprisonment for 6 months, or both.

(3)  A person is not guilty of an offence under this section if he or she did not know, and could not reasonably have known, that the health practitioner had been de-registered or was subject to a prohibition order.