Western Australian Numbered Acts

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MEDICAL PRACTITIONERS ACT 2008 (NO. 22 OF 2008) - SECT 108

108 .         Role of the professional standards committee

        (1)         The professional standards committee must investigate a complaint referred to it by the Board.

        (2)         On completion of the investigation of the medical practitioner and after —

            (a)         considering any report given to the committee under section 105(8); and

            (b)         giving the medical practitioner an opportunity to make a written submission to, or attend before and make a representation to, the committee; and

            (c)         having regard to any submission or representation made by the medical practitioner,

                the professional standards committee is to submit a report in writing to the Board —

            (d)         detailing its findings and conclusions in relation to the complaint referred to it; and

            (e)         making a recommendation to the Board under subsection (3); and

            (f)         giving reasons for its recommendation.

        (3)         The committee may make the following recommendations to the Board under subsection (2)(e) —

            (a)         that the Board take no further action in relation to the complaint;

            (b)         if the complaint involves a disciplinary matter, that the Board take action under Division 5;

            (c)         if the complaint involves an impairment matter, that the Board take action under Division 6;

            (d)         that the Board impose conditions specified by the committee on the medical practitioner’s registration;

            (e)         that the Board require the medical practitioner to give an undertaking to the Board to complete an educational course specified by the professional standards committee;

            (f)         that the Board require the medical practitioner to give an undertaking to the Board to report, at intervals specified by the Board, on his or her medical practice to a medical practitioner nominated by the Board;

            (g)         that the Board require the medical practitioner to give an undertaking to the Board to obtain advice on the management of his or her medical practice from a person specified by the Board;

            (h)         if the subject matter of the complaint is sufficiently serious to warrant suspension or cancellation of the medical practitioner’s registration, that the Board make an allegation to the State Administrative Tribunal.

        (4)         The professional standards committee may recommend that the Board do more than one of the things referred to in subsection (3)(d), (e), (f) and (g).



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