HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 28
HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 28
28 . Exemptions relating to artificial insemination
(1) Subject to
subsection (2), an exemption shall be deemed to have been issued, and a
licence under this Part is not required, in respect of an artificial
insemination procedure where —
(a) the
procedure is carried out by a medical practitioner who has —
(i)
applied for exemption from the licensing requirement in
the prescribed manner, notifying the CEO of the kind of procedures that will
be carried out by that practitioner; and
(ii)
lodged with the CEO a written undertaking in the
prescribed form to observe and comply with the Code of Practice and any
directions;
and
(b) in
relation to that medical practitioner, and to a procedure of that kind, that
application is not refused or the exemption is not subsequently revoked,
but where the CEO
notifies the medical practitioner in writing that conditions are to be imposed
in relation to any practice or procedure and issues to that practitioner a
certificate of exemption in the prescribed form applicable to that practice or
procedure, the exemption conferred by this subsection in relation to that
practice or a procedure of that kind shall be taken to be subject to the
conditions that are set out in that certificate.
(2) A person who holds
an exemption deemed to have been or specifically issued under subsection (1)
is —
(a)
subject to the like disciplinary procedures in relation to that exemption as
would have been applicable had the exemption been a licence under this Part;
and
(b)
shall be deemed in respect of the practice or procedure thereby authorised to
be the licence supervisor under that licence.
(3) A licence or an
exemption under this Part is not required in respect of artificial
insemination where the artificial insemination is carried out by prescribed
persons in prescribed circumstances.
[Section 28 amended: No. 17 of 2004 s. 22; No. 28
of 2006 s. 270(2).]