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HEALTH PROFESSIONALS ACT 2004 (NO. 38 OF 2004) - SECT 18

What is the required standard of practice?

    (1)     The "required standard of practice", for a health professional, is the exercise of professional judgment, knowledge, skill and conduct at a level that maintains public protection and safety.

Example

A doctor who falsifies research data would not be exercising professional conduct at a level that maintains public protection and safety.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     The regulations may prescribe, but do not limit, what behaviour does and does not meet the required standard of practice.

Example

A registered health professional does something that the regulations do not deal with but that clearly demonstrates a lack of professional judgment. The health professional contravenes the required standard of practice.

    (3)     However, if the regulations prescribe something that is inconsistent with the code under the Community and Health Services Complaints Act 1993 , the regulations are ineffective to the extent of the inconsistency.



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