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HEALTH (MISCELLANEOUS PROVISIONS) ACT 1911 - SECT 340K

340K .         Functions of Committee

        (1)         Whenever an investigator presents to the Chairperson of the Committee a report under section 336, the Chairperson —

            (a)         must consider the report; and

            (b)         having regard to the circumstances disclosed by the report and the nature of the medical case history of the deceased woman, may notify the Chief Health Officer of the receipt of the report.

        (2)         On receiving a notification under subsection (1), the Chief Health Officer must convene a meeting of the Committee to be held within whatever period after the receipt by the Chief Health Officer of the notification the Chairperson of the Committee considers appropriate.

        (3)         The Committee must consider the report of the investigator, and for the purpose of assisting it in its consideration may co-opt any medical practitioners, nurses, midwives or other persons with specialised knowledge the Committee thinks necessary.

        (4)         On its consideration of the report, the Committee must determine whether in the opinion of the Committee the death the subject of the report might have been avoided, and may add to its determination any constructive comments the Committee considers advisable for the future assistance and guidance of medical practitioners, nurses and midwives.

        (5)         The determination of the Committee, including the comments referred to in subsection (4) —

            (a)         must be notified in writing by the Chairperson to —

                  (i)         the medical practitioner (if any) who was attending the woman at the time of the occurrence of her death; and

                  (ii)         the nurse or midwife (if any) who was attending the woman at that time;

                and

            (b)         may be notified in writing by the Chairperson to any other medical practitioner, nurse or midwife who attended the woman before the occurrence of her death if the Committee considers that that medical practitioner, nurse or midwife should be informed of that determination and those comments.

        [Section 340K inserted: No. 19 of 2016 s. 50.]



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