Western Australian Numbered Acts

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MEDICAL PRACTITIONERS ACT 2008 (NO. 22 OF 2008)


TABLE OF PROVISIONS

           Long Title
           Preamble

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Objects of Act  
   4.      Terms used in this Act  
   5.      Application  

   PART 2 -- Medical Board and committees  

           Division 1 -- The Board  

   6.      Board established  
   7.      Membership of Board  
   8.      Presiding member and deputy presiding member  
   9.      Constitution and proceedings  
   10.     Remuneration  

           Division 2 -- Functions and powers  

   11.     Functions of Board  
   12.     Powers  
   13.     Delegation by Board  

           Division 3 -- Relationship of Board with Minister  

   14.     Directions by Minister  
   15.     Minister to have access to information  

           Division 4 -- Committees  

   16.     Committees  
   17.     Provisions relating to committees  
   18.     Registrar  
   19.     Other staff  
   20.     Use of other government staff etc.  
   21.     Duty not to make improper use of information  
   22.     Meetings  
   23.     Execution of documents by Board  
   24.     Recovery of penalties, costs and expenses required to be paid to the Board  

   PART 3 -- Finance and reports  

   25.     Funds of the Board  
   26.     Accounts  
   27.     Audit  
   28.     Annual report and other reports  

   PART 4 -- Registration of medical practitioners  

           Division 1 -- Registration  

   29.     Natural persons may be registered  
   30.     General registration  
   31.     Conditional registration for internship or supervised clinical practice  
   32.     Provisional registration  
   33.     Conditional registration for general practice in remote and rural WA  
   34.     Special purpose conditional registration  
   35.     Non-practising registration  
   36.     Voluntary change in registration  
   37.     Specialties to be prescribed  
   38.     Registration of specialists  
   39.     Review of condition imposed under section 30(5), 33(6), 34(4) or 38(6)  
   40.     Professional indemnity insurance  
   41.     Application  
   42.     Board may request consent to undertake a criminal record check  
   43.     Criminal record check  
   44.     Effect of registration  
   45.     Duration of registration  
   46.     Renewal of registration  
   47.     Application for registration by a person whose registration has been cancelled under section 116(1)(k)  

           Division 2 -- The register  

   48.     The register  
   49.     Inspection of register  
   50.     Certificate of registration  
   51.     Replacement of certificate of registration  
   52.     Voluntary removal from register  
   53.     Amendment of particulars  
   54.     Removal of names in certain circumstances  
   55.     Removal of names of deceased persons  
   56.     Suspension or cancellation of registration in another State or a Territory  
   57.     Effect of removal of name from register  

           Division 3 -- Notifications to Board  

   58.     Change of address  
   59.     Loss of qualifications  
   60.     Insolvency  
   61.     Civil or criminal proceedings  
   62.     Information about professional indemnity insurance  
   63.     Notification of cancellation or suspension of registration elsewhere  
   64.     Notification of condition imposed on registration elsewhere  

           Division 4 -- Defence force medical officer  

   65.     Medical officer of a defence force of the Commonwealth  
   66.     Medical officer of visiting forces  

   PART 5 -- Interstate practitioners  

           Division 1 -- Preliminary  

   67.     Terms used in this Part  

           Division 2 -- Practice by an interstate practitioner  

   68.     Persons who are to be taken to be registered under section 30 or 38  
           69. Practising in this State  
   70.     Interstate practitioner not to be taken to be registered in some circumstances  
   71.     Effect of suspension under this Act  

           Division 3 -- Complaints about interstate practitioners  

   72.     Referral of complaint to regulatory authority in another State or a Territory  
   73.     Dealing with matters referred by a regulatory authority in another State or a Territory  

           Division 4 -- Miscellaneous  

   74.     Interstate practitioner disqualified in another State or a Territory  
   75.     Interstate certificate  

   PART 6 -- Disciplinary, competency and impairment matters  

           Division 1 -- Preliminary  

   76.     Disciplinary matters  
   77.     Competency matters  
   78.     Impairment matters  

           Division 2 -- Committees  

   79.     Complaints assessment committee  
   80.     Professional standards committee  
   81.     Impairment review committee  
   82.     Panel  

           Division 3 -- Complaints  

   83.     Complaints  
   84.     Action by complaints assessment committee  
   85.     Complaints assessment committee to determine action required  
   86.     Role of Board  
   87.     Interim orders by Board  
   88.     Complaint dealt with summarily to be referred to the State Administrative Tribunal  
   89.     Action by Board  
   90.     Investigator  
   91.     Report of investigator  
   92.     Powers of investigator  
   93.     Warrant to enter premises  
   94.     Issue of warrant  
   95.     Execution of warrant  
   96.     Role of professional standards committee  
   97.     Role of Board  
   98.     Request by medical practitioner for imposition of condition  
   99.     Revocation of condition  
   100.    Action by Board  
   101.    Medical examination of medical practitioner  
   102.    Role of the impairment review committee  
   103.    Role of Board  
   104.    Action by Board  
   105.    Assessment of medical practitioner  
   106.    Assessor  
   107.    Powers of assessor  
   108.    Role of the professional standards committee  
   109.    Role of Board  
   110.    Conciliation process  
   111.    Action if conciliation fails  
   112.    Impaired ability to participate in a clinical activity  
   113.    Referral to impairment review committee  
   114.    Revocation of prohibition  
   115.    Constitution of State Administrative Tribunal  
   116.    Powers of the State Administrative Tribunal in relation to a disciplinary matter  
   117.    Powers of the State Administrative Tribunal in relation to an impairment matter  
   118.    Powers of the State Administrative Tribunal in relation to a competency matter  
   119.    Powers of the State Administrative Tribunal in relation to a medical student  
   120.    Ancillary powers of the State Administrative Tribunal  
   121.    Release of information: Board, professional standards committee and impairment review committee  
   122.    Suspension  
   123.    Costs  

   PART 7 -- Offences  

   124.    Persons who may practise medicine  
   125.    Persons who may be employed or engaged to practise medicine  
   126.    Exceptions to sections 124 and 125  
   127.    Use of title “medical practitioner” or a title of a specialist, or pretending to be registered  
   128.    Medical services provided by a person registered elsewhere  
   129.    Medical practitioners to arrange consultation in certain cases  
   130.    Restriction on administration of anaesthetics in certain cases  
   131.    Offences related to advertising medical services  
   132.    Failure to comply with an order or requirement of the Board  
   133.    False or misleading information  
   134.    Confidentiality  
   135.    Offences in relation to assessment or investigation  
   136.    Obstruction of assessor or investigator  
   137.    Impersonating an investigator or assessor  
   138.    Information relating to certain business structures  
   139.    Undue influence  
   140.    Payment, or acceptance of payment, for referrals prohibited  
   141.    Persons may be prohibited from supplying health services etc.  
   142.    Assistance to execute a warrant  
   143.    Surrender of certificate  
   144.    Incriminating information, questions or documents  
   145.    Legal professional privilege  

   PART 8 -- Codes of practice, rules, regulations and forms  

   146.    Codes of practice  
   147.    Rules  
   148.     Regulations  
   149.     Forms  

   PART 9 -- Miscellaneous  

   150.    Protection  
   151.    Notice of decision to be given  
   152.    Review  
   153.    Publication of proceedings etc.  
   154.    Furnishing information  
   155.    Legal proceedings  
   156.    Liability of certain officers of body corporate: offences  
   157.    Confidentiality of certain reports  
   158.    Assessment and medical report  
   159.    Review of Act  
   160.    Repeals  
   161.    Savings and transitional provisions  
   162.    Consequential amendments  
           SCHEDULE 1 -- Constitution and proceedings of the Board  
           SCHEDULE
           

[Assented to 27 May 2008]



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