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s 123A

Restricted birthing practices

In force
Schedule 2Health Practitioner Regulation National Law
Part 7Registration of health practitioners
Division 10Title and practice protections
Subdivision 2Practice protections

123A Restricted birthing practices

(1)

A person must not carry out a restricted birthing practice unless the person—

(a)

is a medical practitioner; or

(b)

is a midwife; or

(c)

is a student who carries out the restricted birthing practice in the course of activities undertaken as part of—

(i)

an approved program of study for the medical profession or the midwifery profession; or

(ii)

clinical training in the medical profession or the midwifery profession; or

(d)

is acting under the supervision of a medical practitioner or midwife and is acting in accordance with any standards, codes or guidelines issued by the National Board established for the relevant profession; or

(e)

without limiting a preceding paragraph—is acting under a form of delegated authority transferred or conferred by a midwife that is recognised by the National Board established for the midwifery profession and is made in accordance with any standards, codes or guidelines issued by that National Board; or

(f)

is rendering assistance to a woman who is in labour or giving birth to a child, or who has given birth to a child, where the assistance is provided in an emergency.

Maximum penalty: $30 000 or imprisonment for 12 months.

(2)

In this section—

midwife means a person registered under this Law in the midwifery profession;

restricted birthing practice means an act that involves undertaking the care of a woman by managing the 3 stages (or any part of these stages) of labour or child birth and, for the purposes of this definition, the

Minister may from time to time, on the joint advice of the Medical

Board of Australia and the National Board established for the midwifery profession, by notice in the Gazette, specify activities that will be conclusively taken to constitute the management of any

part of 1 or more of these stages of labour or child birth.

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