(1)  In this section,

prescribed matter means –

(a) a matter giving rise to a complaint against a practitioner; or

(b) a matter that the Board considers could be grounds for a complaint against a practitioner.

(2)  If the Board considers that a prescribed matter may not be sufficiently serious to warrant investigation, it may, by notice, require the practitioner concerned to –

(a) appear before it to give an explanation of the matter; or

(b) provide it with a written explanation.

(3)  If the prescribed matter relates to the physical or mental capacity of the practitioner, the Board may further require the practitioner to have a medical examination on the same terms as a medical examination required by a disciplinary committee.

(4)  A notice under subsection (2)(a) is to –

(a) set out particulars of the prescribed matter; and

(b) state that the practitioner is entitled to make submissions when appearing before the Board but is not entitled to be represented; and

(c) state that the appearance before the Board is not open to the public; and

(d) inform the practitioner that he or she may request that the prescribed matter be referred directly to a disciplinary committee; and

(e) inform the practitioner of the other circumstances in which the prescribed matter may be referred to a disciplinary committee; and

(f) specify the date, time and place at which the practitioner is required to appear.

(5)  A notice under subsection (2)(b) is to –

(a) contain the same information as is specified in subsection (4)(a) , (d) and (e) in relation to a notice requiring a personal appearance; and

(b) specify a date by which the practitioner is required to provide the Board with the written explanation.

(6)  A notice may contain such other information as the Board considers necessary or expedient.

(7)  The date specified under subsection (4)(f) or  (5)(b) is to be not less than 14 days after the date on which the notice is served.

(8)  The Board is not to take any further action in respect of a prescribed matter if, after having considered the explanation of the practitioner concerned, it is not satisfied that the matter has been substantiated.

(9)  If the Board is satisfied, after having considered the explanation, that the prescribed matter has been substantiated but that it is not sufficiently serious to warrant an inquiry, the Board may do either or both of the following:

(a) caution or reprimand the practitioner;

(b) accept an undertaking from the practitioner to take or refrain from taking specified action.

(10)  The Board must refer a prescribed matter to a disciplinary committee if –

(a) the practitioner concerned fails to appear before the Board as required by a notice served under subsection (2)(a) or, before the date of appearance specified in the notice, requests in writing that the matter be so referred; or

(b) the practitioner concerned fails to provide the Board with a written explanation as required by a notice served under subsection (2)(b) or, before the date on which the explanation is required to be provided, requests that the matter be so referred; or

(c) in the course of giving an explanation of the prescribed matter the practitioner concerned requests, orally or in writing, that the matter be so referred; or

(d) after or in the course of considering an explanation of the prescribed matter the Board determines that the matter is sufficiently serious to warrant investigation by a disciplinary committee; or

(e) in a case to which subsection (9) applies – the practitioner concerned disputes that the prescribed matter has been substantiated.

(11)  A meeting of the Board convened for the purposes of this section is not open to the public.