South Australian Current Regulations

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RADIATION PROTECTION AND CONTROL REGULATIONS 2022 - REG 106

106—Exposure authorisation

        (1)         The Minister may, by notice in the Gazette—

            (a)         specify the classes of health practitioners who may authorise exposure to ionising radiation from specified classes of procedures carried out for the purposes of diagnosis or treatment; and

            (b)         specify the classes of health practitioners who may vary or revoke an exposure authorisation given in relation to specified classes of procedures carried out for the purposes of diagnosis or treatment.

        (2)         Subject to this regulation, a health practitioner making an exposure authorisation must ensure that the authorisation—

            (a)         is given in writing or by an approved electronic system; and

            (b)         contains the full name and date of birth of the person to be examined or treated; and

            (c)         contains details of the examination or treatment that is authorised; and

            (d)         contains the clinical indications for the examination or treatment; and

            (e)         is signed by the health practitioner.

Maximum penalty: $10 000.

Expiation fee: $500.

        (3)         An exposure authorisation, or variation or revocation of an exposure authorisation, must be given before the examination or treatment that is that the subject of the authorisation has been carried out.

        (4)         If an exposure authorisation is varied, the person making the variation must ensure that the variation—

            (a)         is given in writing or by an approved electronic system; and

            (b)         contains the full name and date of birth of the person to be examined or treated; and

            (c)         contains details of the examination or treatment that is authorised; and

            (d)         contains in detail the reason for which the authorisation must be varied (including clinical indications for why the examination or treatment must be varied); and

            (e)         is signed by the person making the variation.

Maximum penalty: $10 000.

Expiation fee: $500.

        (5)         If an exposure authorisation is revoked by a person, the person must ensure that the revocation—

            (a)         is given in writing or by an approved electronic system; and

            (b)         contains the full name and date of birth of the person that was to be examined or treated; and

            (c)         contains in detail the reason for which the authorisation must be revoked (including clinical indications for why the examination or treatment must not be carried out); and

            (d)         is signed by the person making the revocation.

Maximum penalty: $10 000.

Expiation fee: $500.

        (6)         If—

            (a)         a person authorises an examination or treatment under this Division; and

            (b)         the person certifies in writing that they reasonably consider that the health of the patient will be compromised if the examination or treatment that is the subject of the authorisation is not carried out,

the examination or treatment may be carried out without compliance with subregulation (2), provided that—

            (c)         the authorisation is given before the examination or treatment begins; and

            (d)         the person who gave the authorisation confirms the authorisation within 24 hours of giving the authorisation; and

            (e)         the confirmation of the authorisation is—

                  (i)         given in writing or by an approved electronic system; and

                  (ii)         contains details of the examination or treatment that had been authorised; and

                  (iii)         contains the clinical indications for the examination or treatment; and

                  (iv)         is signed by the person who gave the authorisation.

        (7)         A person who fails to confirm an authorisation as required under subregulation (6)(d) or (e) is guilty of an offence.

Maximum penalty: $10 000.

Expiation fee: $500.



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