South Australia Medical Practitioners Regulations 1999 under the Medical Practitioners Act 1983 Contents Part 1--Preliminary 1 Short title 4 Interpretation 5 Forms Part 2--Registration Division 1--Registration of a natural person 6 Application for registration or reinstatement of registration by natural person1 7 Qualifications for general registration 8 Qualifications for specialist registration Division 2--Registration of a company practitioner 9 Application for registration by a company 10 Requirements relating to name of company practitioner 11 Form of notice of change of directors or members of company practitioner 12 Form of annual return of company practitioner 13 Notice relating to employees of company practitioner Part 3--Information relating to practice 14 Prescribed information relating to employment 15 Prescribed information relating to unfitness 16 Prescribed information relating to interests in hospitals 17 Prescribed information relating to claims against practitioners Part 4--Miscellaneous 18 Prescribed circumstances 19 Fees Schedule 1--Forms Schedule 2--Qualifications for general practitioners Schedule 3--Specialities Schedule 4--Qualifications for specialists Schedule 5--Fees Legislative history Part 1--Preliminary 1--Short title These regulations may be cited as the Medical Practitioners Regulations 1999. 4--Interpretation In these regulations-- Act means the Medical Practitioners Act 1983; company practitioner means a company that is registered as a medical practitioner; practitioner means a medical practitioner and includes a company practitioner. 5--Forms The forms set out in Schedule 1 must-- (a) be used for the purposes specified in that Schedule; and (b) contain the information required by, and be completed in accordance with, the instructions contained in the forms. Part 2--Registration Division 1--Registration of a natural person 6--Application for registration or reinstatement of registration by natural person^1 (1) An application by a natural person for registration on the general or specialist register must be lodged with the Board in the form set out in Form 1 of Schedule 1 and be accompanied by-- (a) the supporting evidence and documents referred to in the form; and (b) the appropriate fee for registration set out in Schedule 5; and (c) the appropriate annual practice fee set out in Schedule 5. (2) An application by a natural person for reinstatement of registration on the general or specialist register must be lodged with the Board in the form set out in Form 2 of Schedule 1 and be accompanied by-- (a) the supporting evidence and documents referred to in the form; and (b) the appropriate fee for reinstatement of registration set out in Schedule 5; and (c) the appropriate annual practice fee set out in Schedule 5. Note-- 1 The Board may, under section 16 of the Act, summons a person to appear before the Board on an application for registration or reinstatement of registration. 7--Qualifications for general registration A natural person, to be registered on the general register, must-- (a) have-- (i) one or more of the qualifications set out in Schedule 2; or (ii) a certificate issued by the Australian Medical Council or the Australian Medical Examining Council certifying that the person has satisfactorily completed the examination conducted by that body; and (b) produce evidence that he or she has satisfactorily completed a period of internship training in an institution recognised by the Board for the purpose; and (c) be at least 21 years of age. 8--Qualifications for specialist registration (1) The branches of medicine in relation to which a practitioner may be registered as a specialist are set out in Schedule 3. (2) A practitioner, to be registered on the specialist register for a particular speciality, must-- (a) have the qualifications set out in Schedule 4 for registration for that speciality; or (b) hold a certificate or other document issued by the Australian Medical Council stating that the person has attained a satisfactory standard for recognition as a specialist in that speciality. Division 2--Registration of a company practitioner 9--Application for registration by a company An application by a company for registration on the general register must be lodged with the Board in the form set out in Form 3 of Schedule 1 and be accompanied by-- (a) the constitution of the company; and (b) the appropriate registration fee set out in Schedule 5; and (c) the appropriate annual practice fee set out in Schedule 5. 10--Requirements relating to name of company practitioner The following requirements must be observed by a company practitioner with regard to its name: (a) the name must be appropriate for the company practitioner; and (b) the name must not be such as to cause the company practitioner to infringe any ethical standards of the medical profession. 11--Form of notice of change of directors or members of company practitioner A notice required under section 38(1)(a) of the Act must be in the form set out in Form 4 of Schedule 1. 12--Form of annual return of company practitioner An annual return required under section 38(1)(b) of the Act must be in the form set out in Form 5 of Schedule 1. 13--Notice relating to employees of company practitioner (1) A company practitioner must, within 28 days after a practitioner (not being a director of the company) begins or ceases employment with the company practitioner, notify the Board of that fact and of-- (a) the full name and residential address of that practitioner; and (b) the date on which that practitioner began or ceased employment (as the case may be). (2) A company that fails to comply with this regulation is guilty of an offence. Maximum penalty: $1 000. Part 3--Information relating to practice 14--Prescribed information relating to employment For the purposes of section 49 of the Act, the following information is prescribed in relation to a practitioner's employment and practice: (a) the address of the practitioner's usual place of work; (b) the practitioner's residential address and any other residential address of the practitioner during the preceding 12 month period; (c) the full name and business address of the practitioner's employer; (d) the practitioner's business telephone and facsimile numbers; (e) the practitioner's electronic mail address (if any); (f) details regarding the practitioner's employment including-- (i) whether the employment is full-time or part-time and the number of hours worked per week; and (ii) whether the practitioner was retired or unemployed for any period during the preceding 12 months; and (iii) the nature of the practitioner's practice, or the practice (or practices) in which the practitioner is employed; (g) details of professional indemnity insurance covering the practitioner and of any medical defence association of which the practitioner is a member; (h) the name of any other registering authority with which professional registration is held by the practitioner; (i) details of any disciplinary action taken against the practitioner; (j) details of any proposals that will have the effect of changing any information supplied to the Board in accordance with section 49 of the Act. 15--Prescribed information relating to unfitness For the purposes of section 52 of the Act, the following information is prescribed in relation to a practitioner who is a patient of another practitioner: (a) the likely duration and prognosis of the patient's condition; (b) any finding which suggests that the patient ought not to practise in a particular branch of medicine; (c) if the patient has received or is receiving treatment for a psychiatric condition--whether the patient has at any time been voluntarily admitted to, or otherwise detained in, an approved treatment centre (within the meaning of the Mental Health Act 1993). 16--Prescribed information relating to interests in hospitals For the purposes of section 71 of the Act, the following information is prescribed in relation to a practitioner or a prescribed relative of a practitioner who has an interest in a hospital: (a) if the person is-- (i) a practitioner--the full name of the practitioner; or (ii) a prescribed relative of a practitioner-- (A) the full name of the prescribed relative; and (B) the full name of the related practitioner; and (C) a statement of the nature of the person's relationship to the practitioner; (b) the person's residential address; (c) the name and address of the hospital in which the interest is held; (d) the type of interest held in the hospital; (e) if the interest consists of the holding of shares in the hospital, the following particulars of all shares beneficially owned: (i) a description of the shares (including the number, nominal value and class); and (ii) particulars of any voting rights exercisable at a meeting of the members of shareholders; (f) the type of benefit derived from the interest. 17--Prescribed information relating to claims against practitioners For the purposes of section 72 of the Act, the following information is prescribed in relation to a practitioner against whom a claim for damages or other compensation for alleged negligence committed in the course of medical practice has been made: (a) full details of the alleged negligence; (b) the nature of the treatment or procedure alleged to have been carried out negligently; (c) the address of the premises at which the alleged negligence took place; (d) the time and date of the alleged negligence; (e) details of any judgement or settlement in respect of the claim, including the amount of damages or compensation either awarded by a court or agreed to in settlement of the claim; (f) details of the injury incurred by the claimant as a result of the alleged negligence, including whether death, permanent incapacity or impairment occurred as a result. Part 4--Miscellaneous 18--Prescribed circumstances For the purposes of section 31(2)(b) of the Act, medical treatment provided through the instrumentality of a qualified person working for or on behalf of the Royal Flying Doctor Service of Australia (Central Section) Incorporated constitutes medical treatment provided in prescribed circumstances. 19--Fees (1) The fees set out in Schedule 5 are payable as specified in that Schedule. (2) Pursuant to section 45(4) of the Act, a practitioner is exempt from paying a registration fee and an annual practice fee if-- (a) the practitioner is registered as a practitioner in another State or Territory of the Commonwealth and a registration fee has been paid in respect of that registration; and (b) the practitioner-- (i) is employed as a full-time medical officer of the Commonwealth Government; or (ii) is a full-time employee of the Flying Doctor Service of Australia (S.A. Branch); or (iii) satisfies the Board that registration is for a specific purpose and the practitioner's name will be removed from the general register within one month after entry on the register. Schedule 1--Forms 1999.174.UN00.jpg 1999.174.UN01.jpg 1999.174.UN02.jpg 1999.174.UN03.jpg 1999.174.UN04.jpg 1999.174.UN05.jpg 1999.174.UN06.jpg 1999.174.UN07.jpg Schedule 2--Qualifications for general practitioners Australia Institution Name of Qualification The University of Adelaide Bachelor of Medicine and Surgery The Flinders University of South Australia Bachelor of Medicine and Surgery The University of Melbourne Bachelor of Medicine and Surgery Monash University Bachelor of Medicine and Surgery Royal Australian College of General Practitioners Fellowship Royal Australian College of General Practitioners University of Newcastle Bachelor of Medicine University of New South Wales Bachelor of Medicine and Surgery University of Queensland Bachelor of Medicine and Surgery University of Sydney Bachelor of Medicine and Surgery University of Tasmania Bachelor of Medicine and Surgery University of Western Australia Bachelor of Medicine and Surgery New Zealand Institution Name of Qualification University of New Zealand Bachelor of Medicine and Surgery University of Otago Bachelor of Medicine and Surgery University of Auckland Bachelor of Medicine and Surgery Schedule 3--Specialities Anaesthetics Anatomical Pathology Cardio-Thoracic Surgery Cardiology Clinical Chemistry Clinical Genetics Clinical Haematology Clinical Immunology (including Allergy) Clinical Pharmacology Cytopathology Dermatology Diagnostic Radiology Diagnostic Ultrasound Emergency Medicine Endocrinology Forensic Pathology Gastroenterology General Medicine General Pathology General Surgery Geriatrics Gynaecological Oncology Haematology Immunology Infectious Diseases Intensive Care Medical Administration Medical Oncology Microbiology Neurology Neurosurgery Nuclear Medicine Obstetrics and Gynaecology Obstetrical and Gynaecological Ultrasound Occupational Medicine Ophthalmology Orthopaedic Surgery Otorhinolaryngology Paediatric Medicine Paediatric Surgery Plastic and Reconstructive Surgery Psychiatry Public Health Medicine Radiation Oncology Rehabilitation Medicine Renal Medicine Reproductive Endocrinology & Infertility Rheumatology Thoracic Medicine Ultrasound Urogynaecology Urology Vascular Surgery Schedule 4--Qualifications for specialists Principal Specialty Sectional Specialty Qualifications ANAESTHETICS Intensive Care Faculty of Anaesthetists of the Royal Australasian College of Surgeons--Fellowship or Australian and New Zealand College of Anaesthetists--Fellowship or Faculty of Intensive Care, Australian and New Zealand College of Anaesthetists--Fellowship DERMATOLOGY Australasian College of Dermatologists--Fellowship DIAGNOSTIC RADIOLOGY Nuclear Medicine Royal Australasian College of Radiologists--Fellowship Diagnostic Ultrasound Royal Australasian College of Radiologists--Fellowship and Australian Society for Ultrasound in Medicine--Diploma EMERGENCY MEDICINE Australasian College for Emergency Medicine--Fellowship INTERNAL MEDICINE General Medicine Royal Australasian College of Physicians--Fellowship or Membership Cardiology Clinical Genetics Clinical Haematology Clinical Immunology (including Allergy) Clinical Pharmacology Diagnostic Ultrasound Royal Australasian College of Physicians--Fellowship or Membership and Australian Society for Ultrasound in Medicine--Diploma Endocrinology Royal Australasian College of Physicians--Fellowship or Membership Gastroenterology Geriatrics Infectious Diseases Intensive Care Medical Oncology Neurology Nuclear Medicine Paediatric Medicine Public Health Medicine Australian Faculty of Public Health Medicine of the Royal Australasian College of Physicians--Fellowship Renal Medicine Royal Australasian College of Physicians--Fellowship or Membership Rheumatology Thoracic Medicine MEDICAL ADMINISTRATION Royal Australian College of Medical Administrators--Fellowship OBSTETRICS & GYNAECOLOGY Royal Australian College of Obstetricians and Gynaecologists--Fellowship Diagnostic Ultrasound Royal Australian College of Obstetricians and Gynaecologists--Fellowship and Australian Society for Ultrasound in Medicine--Diploma in Diagnostic Ultrasound Gynaecological Oncology Royal Australian College of Obstetricians and Gynaecologists--Fellowship and Certificate in Gynaecological Oncology Obstetrical and Gynaecological Ultrasound Royal Australian College of Obstetricians and Gynaecologists--Fellowship and Certificate in Gynaecological Ultrasound Urogynaecology Royal Australian College of Obstetricians and Gynaecologists--Fellowship and Certificate in Urogynaecology Reproductive Endocrinology and Infertility Royal Australian College of Obstetricians and Gynaecologists--Fellowship and Certificate in Reproductive Endocrinology and Infertility OCCUPATIONAL MEDICINE Australasian College of Occupational Medicine--Fellowship or Faculty of Occupational Medicine, Royal Australasian College of Physicians--Fellowship OPHTHALMOLOGY Royal Australasian College of Surgeons--Fellowship or Royal Australian College of Ophthalmologists--Fellowship OTORHINOLARYNGOLOGY Royal Australasian College of Surgeons--Fellowship PATHOLOGY General Pathology Royal College of Pathologists of Australasia--Fellowship Anatomical Pathology Clinical Chemistry Cytopathology Forensic Pathology Haematology Immunology Microbiology PSYCHIATRY Royal Australian and New Zealand College of Psychiatrists--Fellowship RADIATION ONCOLOGY Royal Australasian College of Radiologists--Fellowship or Diploma REHABILITATION MEDICINE Australasian College of Rehabilitation Medicine--Fellowship SURGERY General Surgery Royal Australasian College of Surgeons--Fellowship Cardiothoracic Surgery Diagnostic Ultrasound Royal Australasian College of Surgeons--Fellowship and Australian Society for Ultrasound in Medicine--Diploma in Ultrasound Neurosurgery Royal Australasian College of Surgeons--Fellowship Orthopaedic Surgery Paediatric Surgery Plastic & Reconstructive Surgery Urology Vascular Surgery Schedule 5--Fees Registration fee for registration of practitioner (other than intern) on general register 1 Registration fee for registration of practitioner on general register (full registration or limited registration for purposes other than internship training) $350 Registration fee for registration of intern on general register 2 Registration fee for limited registration on general register for the purposes of internship training $100 Registration fee for registration of practitioner on specialist register 3 Registration fee for registration of practitioner on specialist register (full or limited registration) $150 Reinstatement fee 4 Reinstatement fee for reinstatement on general register-- (a) where the practitioner's name was removed for failure to pay the prescribed annual practice fee by 30 September-- (i) if the prescribed annual practice fee is paid before 1 January of the following year $50 (ii) if the prescribed annual practice fee is paid on or after 1 January of the following year $300 (b) where the practitioner's name was removed for any other reason $200 If the practitioner is to be reinstated on the specialist register as well as the general register, no further fee is payable for reinstatement on the specialist register. 5 Reinstatement fee for reinstatement on specialist register, where practitioner has remained registered on the general register $100 Additional register entries 6 For each additional qualification entered on register $20 Inspection of register 7 For inspection of register $10 Annual practice fee for practitioner (other than intern or practitioner over age of 70 years) 8 Annual practice fee for practitioner (other than intern or natural person practitioner over age of 70 years) for period-- (a) commencing at any time from 1 October to 31 December (inclusive) in a year and ending the following 30 September $350 (b) commencing at any time from 1 January to 31 March (inclusive) in a year and ending the following 30 September $300 (c) commencing at any time from 1 April to 30 June (inclusive) in a year and ending the following 30 September $250 (d) commencing at any time on or after 1 July in a year and ending the following 30 September $200 Annual practice fee for natural person practitioner over age of 70 years 9 Annual practice fee for natural person practitioner over the age of 70 years $50 Annual practice fee for intern 10 Annual practice fee for practitioner undertaking internship training-- (a) for initial period ending on 31 December Nil (b) for each subsequent calendar year (or part of a calendar year) $10 Legislative history Notes o For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes. Revocation of regulations These regulations became obsolete on the repeal of the Medical Practitioners Act 1983 on 26.8.2005 Legislation revoked by principal regulations The Medical Practitioners Regulations 1999 revoked the following: Medical Practitioners Regulations 1983 Principal regulations and variations Year No Reference Commencement 1999 174 Gazette 26.8.1999 p986 1.9.1999: r 2 1999 184 Gazette 16.9.1999 p1167 16.9.1999: r 2 2001 148 Gazette 28.6.2001 p2478 1.10.2001: r 2 2002 131 Gazette 27.6.2002 p2734 1.10.2002: r 2 2003 151 Gazette 19.6.2003 p2616 1.10.2003: r 2 2005 164 Gazette 14.7.2005 p2378 14.7.2005: r 2 Provisions varied Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement rr 2 and 3 omitted under the Legislation Revision and Publication Regulations 2002 14.7.2005 Sch 5 before substitution by 164/2005 cl 1 varied by 131/2002 r 3(a) 1.10.2002 cl 8 substituted by 184/1999 r 3(a) 16.9.1999 substituted by 148/2001 r 3(a) 1.10.2001 substituted by 131/2002 r 3(b) 1.10.2002 varied by 151/2003 r 4 1.10.2003 cl 9 varied by 148/2001 r 3(b) 1.10.2001 cl 11 deleted by 184/1999 r 3(b) 16.9.1999 Sch 5 substituted by 164/2005 r 4 14.7.2005