Western Australian Numbered Acts

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MEDICAL PRACTITIONERS ACT 2008 (NO. 22 OF 2008) - SECT 38

38 .         Registration of specialists

        (1)         The Board is to register an applicant as a specialist in a specialty if satisfied that the applicant has —

            (a)         complied with a set of requirements in subsection (2), (3) or (4); and

            (b)         paid the registration fee, if any, prescribed by the regulations.

        (2)         A set of requirements for registration as a specialist is that —

            (a)         the applicant is registered under section 30; and

            (b)         the applicant —

                  (i)         has an Australian or New Zealand qualification, in the specialty, that is prescribed by the regulations for the specialty; or

                  (ii)         has a qualification in a specialty that the Board considers is substantially equivalent to, or based on similar competencies to, a qualification prescribed under subparagraph (i).

        (3)         A set of requirements for registration as a specialist is that —

            (a)         the applicant is competent to practise in a specialty (that is, the applicant has sufficient physical capacity, mental capacity and skill to practise the specialty); and

            (b)         the applicant has a sound knowledge of the English language and possesses sufficient skill in the expression of that language, both written and oral, for the practice of the specialty; and

            (c)         the applicant is a fit and proper person to be registered as a specialist; and

            (d)         the applicant has not been convicted of an offence the nature of which renders the person unfit to practise as a specialist; and

            (e)         the applicant —

                  (i)         has an Australian or New Zealand qualification, in the specialty, that is prescribed by the regulations for the specialty; or

                  (ii)         has a qualification that the Board considers is substantially equivalent to, or based on similar competencies to, a qualification prescribed under subparagraph (i);

                and

            (f)         has successfully completed a period of supervised clinical practice approved by the Board in writing or prescribed by the rules.

        (4)         A set of requirements for registration as a specialist is that the applicant —

            (a)         is registered under section 30; and

            (b)         has practised in a specialty in the period immediately preceding the day on which the specialty was prescribed under section 37; and

            (c)         is competent to practise in the specialty (that is, the applicant has sufficient physical capacity, mental capacity and skill to practise the specialty); and

            (d)         has knowledge of, and experience in the practise of, the specialty that the Board considers are sufficient as a basis for specialist registration in the specialty.

        (5)         In making its decision under subsection (1), the Board may have regard to the advice and recommendation of any one or more of the following —

            (a)         the Australian Medical Council;

            (b)         an Australian specialist college or institution for the specialty.

        (6)         The Board may, by written notice to the specialist, impose such conditions on registration under subsection (1) as the Board reasonably requires to ensure the safe and competent practise of the specialty by the specialist.

        (7)         Subject to section 39, a condition imposed under subsection (6) may apply indefinitely or for a period specified by the Board in the written notice.

        (8)         Subject to section 39, the Board may, on its own motion or on the application of a person the subject of a condition imposed by the Board under this section, on reasonable grounds, revoke or vary the condition.

        (9)         It is a condition of a specialist’s registration under subsections (1) and (3) that the specialist can practise only the specialty in relation to which the specialist is registered.

        (10)         Subject to this Act, registration of a person as a specialist confers on that person the right to carry on in the State the practice of the specialty for which the person was granted registration as a specialist under the title or titles prescribed by the regulations as the title or titles under which the specialty may be practised.



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