MEDICAL PRACTITIONERS ACT 2008

Western Australian Consolidated Acts

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MEDICAL PRACTITIONERS ACT 2008

TABLE OF PROVISIONS

Preamble
Long Title

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

Division 5 -- Registrar and other staff

18. Registrar
19. Other staff
20. Use of other government staff etc.

Division 6 -- General

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

Division 4 -- Summary orders of Board

87. Interim orders by Board
88. Complaint dealt with summarily to be referred to the State Administrative Tribunal

Division 5 -- Disciplinary matters

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

Division 6 -- Impairment matters

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

Division 7 -- Competency matters

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

Division 8 -- Conciliation

110. Conciliation process
111. Action if conciliation fails

Division 9 -- Medical students

112. Impaired ability to participate in a clinical activity
113. Referral to impairment review committee
114. Revocation of prohibition

Division 10 -- Role of the State Administrative Tribunal

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

Division 11 -- Miscellaneous

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 2 -- Savings and transitional provisions
SCHEDULE 3 -- Consequential amendments
Compilation table

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