Health Practitioner Regulation National Law (NSW) No 86a
Historical version for 7 January 2011 to 30 June 2011 (accessed 19 December 2014 at 23:57) Current version
Part 7Division 10Subdivision 2

Subdivision 2 Practice protections

Note. See also Schedule 5F which contains New South Wales provisions providing for specific restrictions in relation to the control of pharmacies.

121   Restricted dental acts

(1)  A person must not carry out a restricted dental act unless the person—
(a)  is registered in the dental profession or medical profession and carries out the restricted dental act in accordance with any requirements specified in an approved registration standard; or
(b)  is a student who carries out the restricted dental act in the course of activities undertaken as part of—
(i)  an approved program of study for the dental profession or medical profession; or
(ii)  clinical training in the dental profession or medical profession; or
(c)  carries out the restricted dental act in the course of carrying out technical work on the written order of a person registered in the dentists or dental prosthetists division of the dental profession; or
(d)  is a person, or a member of a class of persons, prescribed under a regulation as being authorised to carry out the restricted dental act or restricted dental acts generally.

Maximum penalty— $30,000.

(2)  In this section—

restricted dental act means any of the following acts—

(a)  performing any irreversible procedure on the human teeth or jaw or associated structures;
(b)  correcting malpositions of the human teeth or jaw or associated structures;
(c)  fitting or intra-orally adjusting artificial teeth or corrective or restorative dental appliances for a person;
(d)  performing any irreversible procedure on, or the giving of any treatment or advice to, a person that is preparatory to or for the purpose of fitting, inserting, adjusting, fixing, constructing, repairing or renewing artificial dentures or a restorative dental appliance.

technical work means the mechanical construction or the renewal or repair of artificial dentures or restorative dental appliances.

121A   General anaesthesia and simple sedation in dentistry [NSW]

(1)  A dentist must not carry out any procedure forming part of the practice of dentistry on a patient to whom a general anaesthetic has been administered unless the general anaesthetic has been administered by a registered medical practitioner who—
(a)  holds specialist registration in anaesthesia; or
(b)  is accredited for the purposes of administering any general anaesthetic at a public or private hospital at which surgery may lawfully be carried out.

Maximum penalty—200 penalty units.

(2)  A dentist must not administer simple sedation by the intravenous route unless the dentist—
(a)  has been endorsed by the Dental Board of Australia to administer sedation; and
(b)  is assisted by another person who is either—
(i)  a registered nurse who has received training in intensive care or anaesthesia; or
(ii)  a dentist, appropriately trained in the observation and monitoring of sedated patients and in resuscitation, whose sole responsibility in assisting is to monitor the level of consciousness and cardio-respiratory function of the patient and to administer resuscitation if necessary.

Maximum penalty—200 penalty units.

(3)  In this section—

general anaesthetic means a drug or other substance that, when administered to a patient, will render the patient—

(a)  unaware of the patient’s surroundings; and
(b)  unable to retain reflex control of the airway; and
(c)  incapable of understanding and obeying a spoken command.

simple sedation means a technique in which the use of a drug produces a state of depression of the central nervous system enabling treatment to be carried out, and in which—

(a)  the patient does not lose consciousness; and
(b)  the drug and techniques used have a margin of safety wide enough to render unintended loss of consciousness unlikely.

Note. This section is an additional New South Wales provision.

122   Restriction on prescription of optical appliances

(1)  A person must not prescribe an optical appliance unless—
(a)  the person is an optometrist or medical practitioner; or
(b)  the appliance is spectacles and the person is an orthoptist who—
(i)  prescribes the spectacles in the course of carrying out duties at a public health facility; or
(ii)  prescribes the spectacles under the supervision of an optometrist or medical practitioner; or
(iii)  prescribes the spectacles, on the written referral of an optometrist or medical practitioner, to a person who has had, within the 12 months before the referral, an ocular health examination conducted by an optometrist or medical practitioner; or
(c)  the person is a person, or a member of a class of persons, prescribed under a regulation as being authorised to prescribe an optical appliance of that type or to prescribe optical appliances generally.

Maximum penalty— $30,000.

(2)  In this section—

optical appliance means—

(a)  any appliance designed to correct, remedy or relieve any refractive abnormality or defect of sight, including, for example, spectacle lenses; or
(b)  contact lenses, whether or not designed to correct, remedy or relieve any refractive abnormality or defect of sight.

optometrist means a person registered in the optometry profession.

orthoptist means a person whose name is recorded in the Register of Orthoptists kept by the Australian Orthoptists Registration Body Pty Ltd (ACN 095 11 7 678).

123   Restriction on spinal manipulation

(1)  A person must not perform manipulation of the cervical spine unless the person—
(a)  is registered in an appropriate health profession; or
(b)  is a student who performs manipulation of the cervical spine in the course of activities undertaken as part of—
(i)  an approved program of study in an appropriate health profession; or
(ii)  clinical training in an appropriate health profession; or
(c)  is a person, or a member of a class of persons, prescribed under a regulation as being authorised to perform manipulation of the cervical spine.

Maximum penalty— $30,000.

(2)  In this section—

appropriate health profession means any of the following health professions—

(a)  chiropractic;
(b)  osteopathy;
(c)  medical;
(d)  physiotherapy.

manipulation of the cervical spine means moving the joints of the cervical spine beyond a person’s usual physiological range of motion using a high velocity, low amplitude thrust.

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