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HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 139C

Additional matters that constitute unsatisfactory professional conduct of medical practitioners [NSW[#93]

139C Additional matters that constitute unsatisfactory professional conduct of medical practitioners [NSW[#93]

In addition to the matters referred to in section 139B,
"unsatisfactory professional conduct" of a medical practitioner also includes each of the following--

(a) Conduct that results in the medical practitioner being convicted of or being made the subject of a criminal finding for any of the following offences--
(i) an offence under section 102 of the Mental Health Act 2007 ;
(ii) an offence under section 175 of the Children and Young Persons (Care and Protection) Act 1998 ;
(iii) an offence under section 35 of the Guardianship Act 1987 ;
(iv) an offence under section 128A, 128B, 129 or 129AA of the Health Insurance Act 1973 of the Commonwealth;
(v) an offence under section 58 of the Private Health Facilities Act 2007 .
(b) By the medical practitioner's presence, countenance, advice, assistance or co-operation, knowingly enable a person who is not a medical practitioner (whether or not that person is described as an assistant) or is not otherwise authorised by a National Board to--
(i) perform operative surgery (as distinct from manipulative surgery) on a patient in respect of any matter requiring professional discretion or skill; or
(ii) issue or procure the issue of a certificate, notification, report or other like document, or to engage in professional practice, as if the person were a medical practitioner.
(c) Refusing or failing, without reasonable cause, to attend (within a reasonable time after being requested to do so) on a person for the purpose of rendering professional services in the capacity of a medical practitioner if the practitioner has reasonable cause to believe the person is in need of urgent attention by a medical practitioner, unless the practitioner has taken all reasonable steps to ensure that another medical practitioner attends instead within a reasonable time.



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