South Australian Numbered Acts

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OCCUPATIONAL THERAPY PRACTICE ACT 2005 (NO 51 OF 2005) - SECT 40

40—Obligation to report medical unfitness or unprofessional conduct of occupational therapist or occupational therapy student

        (1)         If—

            (a)         a health professional who has treated, or is treating, a patient who is an occupational therapist or occupational therapy student; or

            (b)         a person who provides occupational therapy through the instrumentality of an occupational therapist or occupational therapy student; or

            (c)         the person in charge of an educational institution at which an occupational therapy student is enrolled in a course of study providing qualifications for registration on the register of occupational therapists,

is of the opinion that the occupational therapist or occupational therapy student is or may be medically unfit to provide occupational therapy, 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 an occupational therapy services provider or exempt provider is of the opinion that an occupational therapist or occupational therapy student through whom the provider provides occupational therapy 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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