South Australian Numbered Acts

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CHIROPRACTIC AND OSTEOPATHY PRACTICE ACT 2005 (NO 30 OF 2005) - SECT 43

43—Obligation to report medical unfitness or unprofessional conduct of chiropractor, osteopath, chiropractic student or osteopathy student

        (1)         If—

            (a)         a health professional who has treated, or is treating, a patient who is a chiropractor, osteopath, chiropractic student or osteopathy student; or

            (b)         a person who provides chiropractic or osteopathy through the instrumentality of a chiropractor, osteopath, chiropractic student or osteopathy student; or

            (c)         the person in charge of an educational institution at which a chiropractic student or osteopathy student is enrolled in a course of study providing qualifications for registration on the register of chiropractors or register of osteopaths,

is of the opinion that the chiropractor, osteopath or student is or may be medically unfit to provide chiropractic or osteopathy, the person must submit a written report to the Board setting out his or her reasons for that opinion and any other information required by the regulations.

Maximum penalty: $10 000.

        (2)         If a chiropractic or osteopathy services provider or exempt provider is of the opinion that a chiropractor, osteopath, chiropractic student or osteopathy student through whom the provider provides chiropractic or osteopathy has engaged in unprofessional conduct, the provider must submit a written report to the Board setting out the provider's reasons for that opinion and any other information required by the regulations.

Maximum penalty: $10 000.

        (3)         The Board must cause a report made under this section to be investigated.

        (4)         In this section—

"health professional" means—

            (a)         a medical practitioner; or

            (b)         a psychologist; or

            (c)         any other person who belongs to a profession, or who has an occupation, declared by the Board, by notice in the Gazette, to be a profession or occupation within the ambit of this definition.



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