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This is a Bill, not an Act. For current law, see the Acts databases.
Health Services Amendment (Mandatory Background Checks of Medical Practitioners) Bill 2008 No , 2008 A Bill for An Act to amend the Health Services Act 1997 to require the conduct of background checks for misconduct findings before the employment or appointment of medical practitioners.
Health Services Amendment (Mandatory Background Checks of Medical Clause 1 Practitioners) Bill 2008 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Health Services Amendment (Mandatory Background 3 Checks of Medical Practitioners) Act 2008. 4 2 Commencement 5 This Act commences on the date that is one month after the date of 6 assent to this Act. 7 3 Amendment of Health Services Act 1997 No 154 8 The Health Services Act 1997 is amended as set out in Schedule 1. 9 4 Repeal of Act 10 (1) This Act is repealed on the day following the day on which this Act 11 commences. 12 (2) The repeal of this Act does not, because of the operation of section 30 13 of the Interpretation Act 1987, affect any amendment made by this Act. 14 Page 2
Health Services Amendment (Mandatory Background Checks of Medical Practitioners) Bill 2008 Amendments Schedule 1 Schedule 1 Amendments 1 (Section 3) 2 [1] Chapter 10A 3 Insert after Chapter 10: 4 Chapter 10A Background checking of medical 5 practitioners before appointment 6 or employment 7 132A Definitions 8 In this Chapter: 9 background check means a check for any medical service 10 restriction affecting the carrying out of medical services by the 11 medical practitioner. 12 employ includes make any recommendation relating to 13 employment. 14 Medical Board means the New South Wales Medical Board. 15 medical services restrictions, in relation to a medical 16 practitioner, means any order made in respect of the medical 17 practitioner, or any condition placed on the registration of the 18 medical practitioner, under the Medical Practice Act 1992 as a 19 result of a misconduct finding. 20 misconduct finding includes a finding of professional 21 misconduct or unsatisfactory professional conduct. 22 132B Background checking mandatory before appointment or 23 employment 24 (1) The chief executive of a public health organisation must carry out 25 a background check of a medical practitioner with the Medical 26 Board before the medical practitioner is: 27 (a) appointed by the public health organisation as a visiting 28 practitioner under Chapter 8, or 29 (b) employed under Chapter 9 to enable the public health 30 organisation to exercise its functions. 31 (2) The Medical Board is required to give to the chief executive any 32 information concerning any medical services restriction affecting 33 the carrying out of medical services by the medical practitioner 34 of which it has knowledge. 35 Page 3
Health Services Amendment (Mandatory Background Checks of Medical Practitioners) Bill 2008 Schedule 1 Amendments (3) The medical practitioner must not be appointed or employed to 1 carry out any medical service for or on behalf of the public health 2 organisation if the background check shows that any medical 3 service restriction would prevent or restrict the medical 4 practitioner from carrying out the medical service concerned. 5 (4) A chief executive of a public health organisation must not, 6 without reasonable excuse, fail to comply with the requirements 7 of subsections (1) and (3). 8 Maximum penalty: 20 penalty units. 9 132C Effect of Chapter on other rights and procedures 10 (1) Nothing in this Chapter gives rise to, or can be taken into account 11 in, any civil cause of action, other than an action to require future 12 compliance of the chief executive of the public health 13 organisation or the Medical Board with any duty imposed by this 14 Chapter. 15 (2) Background checks may be conducted, and information given or 16 provided to the chief executive of the public health organisation, 17 in compliance with this Chapter despite any other Act or law. 18 Page 4
Health Services Amendment (Mandatory Background Checks of Medical Practitioners) Bill 2008 Amendments Schedule 1 [2] Schedule 7 Savings and transitional provisions 1 Insert at the end of the Schedule: 2 Part 6 Provisions consequent on enactment of 3 Health Services Amendment (Mandatory 4 Background Checks of Medical 5 Practitioners) Act 2008 6 74 Mandatory background checks 7 Chapter 10A, as inserted by the Health Services Amendment 8 (Mandatory Background Checks of Medical Practitioners) Act 9 2008, does not apply to or in respect of the appointment under 10 Chapter 8, or employment under Chapter 9, of a medical 11 practitioner before the commencement of this clause. 12 Page 5
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