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s 23DZZIE

Meaning of requester and provider

In force
Volume 1Parts I to VAA (sections 1 to 106ZR)
Part IIBAProhibited practices in relation to pathology services and diagnostic imaging services
Division 1Preliminary

23DZZIE Meaning of requester and provider

Meaning of requester

(1)

For the purposes of this Part, a person is a requester of a kind of pathology service if the person is one or more of the following:

(a)

a practitioner, a participating midwife or a participating nurse practitioner;

(b)

a person who employs, or engages under a contract for services, a person specified in paragraph (a);

(c)

a person who exercises control or direction over a person specified in paragraph (a) (in his or her capacity as such a person).

(2)

For the purposes of this Part, a person is a requester of a kind of diagnostic imaging service if the person is one or more of the following:

(a)

a medical practitioner;

(b)

if the service is of a kind specified in regulations made for the purposes of subsection 16B(2)—a dental practitioner;

(c)

if the service is of a kind specified in regulations made for the purposes of subsection 16B(3)—a chiropractor;

(d)

if the service is of a kind specified in regulations made for the purposes of subsection 16B(3A)—a physiotherapist;

(e)

if the service is of a kind specified in regulations made for the purposes of subsection 16B(3B)—a podiatrist;

(f)

if the service is of a kind specified in regulations made for the purposes of subsection 16B(3C)—an osteopath;

(fa)

if the service is of a kind specified in regulations made for the purposes of subsection 16B(3D)—a participating midwife;

(fb)

if the service is of a kind specified in regulations made for the purposes of subsection 16B(3E)—a participating nurse practitioner;

(g)

in any case:

(i)

a person who employs, or engages under a contract for services, a person specified in paragraphs (a) to (fb); or

(ii)

a person who exercises control or direction over a person specified in paragraphs (a) to (fb) (in his or her capacity as such a person).

Meaning of provider

(3)

For the purposes of this Part, a person is a provider of a kind of pathology service or diagnostic imaging service if the person is one or more of the following:

(a)

a person who renders that kind of service;

(b)

a person who carries on a business of rendering that kind of service;

(c)

a person who employs, or engages under a contract for services, a person specified in paragraph (a) or (b);

(d)

a person who exercises control or direction over a person (the second person) specified in paragraph (a) or (b) (in the second person’s capacity as a person specified in paragraph (a) or (b));

(e)

an approved pathology practitioner;

(f)

an approved pathology authority.

(4)

For the purposes of this Part, a person is a provider if the person is a provider of any kind of pathology service or diagnostic imaging service.

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