Prohibited practices in relation to the rendering of pathology services
93E Prohibited practices in relation to the rendering of pathology services
An approved pathology practitioner who accedes to a request from a practitioner as defined in subsection 93D(1) (in this subsection referred to as the requesting practitioner) to provide pathology services to an eligible person, being services that the person is eligible to be provided with under this Part, shall not make a payment, directly or indirectly, to the requesting practitioner for the services provided by the requesting practitioner to that eligible person in connection with the making of that request and, in particular, shall not make a payment, directly or indirectly, to the requesting practitioner in respect of any use of the staff of the requesting practitioner to achieve the result of taking pathology specimens from that eligible person.
Where an approved pathology practitioner has entered into an arrangement with a practitioner as defined in subsection 93D(1) under which there are shared between the 2 practitioners the cost to them of employing staff or of buying, renting or maintaining items of equipment, whether or not the arrangement involves the payment of money or the provision of other consideration, the approved pathology practitioner shall not, during the period when that arrangement is in force, accede to a request from that other practitioner to provide pathology services to an eligible person, being services that the eligible person is eligible to be provided with under this Part.
An approved pathology practitioner shall not provide, at the premises of a practitioner as defined in subsection 93D(1), nursing or other staff to take pathology specimens for use in rendering pathology services from eligible persons who are eligible to be provided with those services under this Part, whether the staff is stationed on those premises full‑time or part‑time or visits those premises from time to time.
Where:
there is in force between an approved pathology practitioner and another practitioner, being a practitioner as defined in subsection 93D(1), an arrangement under which:
the 2 practitioners share a particular space in a building; or
one practitioner provides space in a building for the use or occupation of the other practitioner or permits the other practitioner to use or occupy space in a building; and
the charges payable under the arrangement are not charges fixed at normal commercial rates;
the approved pathology practitioner shall not, during the period when that arrangement is in force, accede to a request from the other practitioner to provide pathology services to an eligible person who is eligible to be provided with those services under this Part.
A person who contravenes subsection (1), (2), (3) or (4) commits an offence against this section.
Where an offence against this section is committed by a corporation, an officer of the corporation who intentionally authorised or permitted the commission of the offence commits an offence against this section.
A person who is convicted of an offence against this section is punishable by imprisonment for a period not exceeding 5 years or a fine not exceeding 100 penalty units.
In this section:
approved pathology practitioner means:
an approved pathology practitioner (within the meaning of the Health Insurance Act 1973); or
an approved pathology authority (within the meaning of that Act) (other than a State, the Northern Territory or a public authority within the meaning of section 23DF of that Act).
eligible person, officer and pathology service have the same respective meanings as they have in section 93D.
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