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HEALTH PROFESSIONALS ACT 2004 (NO. 38 OF 2004) - SECT 21

Deciding whether regulation necessary or desirable

    (1)     To decide whether regulation of a health profession is necessary or desirable, the Executive must consider the following:

        (a)     the likelihood of harm, and the likely extent of harm, to the health and safety of the public if a health service ordinarily provided by the profession is not provided properly;

        (b)     whether there is likely to be an increase in the quality of the services provided, to the benefit of the public, if the profession is regulated;

        (c)     whether the profession would operate appropriately if it were not regulated;

        (d)     whether the profession can be regulated.

    (2)     The Executive may consider any other matter the Executive considers relevant.

    (3)     For subsection (1) (d), a health profession can be regulated if—

        (a)     the profession has a distinct area of practice; and

        (b)     there is an objective basis for assessing the competence of members of the profession; and

        (c)     significant training and education is needed to become a competent member of the profession.



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