Mandatory notifications by treating practitioners of substantial risk of harm to public
141B Mandatory notifications by treating practitioners of substantial risk of harm to public
Subsection (2) applies to a registered health practitioner (the treating practitioner) who, in the course of providing a health service to another registered health practitioner (the second health practitioner), forms a reasonable belief that the second health practitioner is placing the public at substantial risk of harm by practising the profession—
while the practitioner has an impairment; or
while intoxicated by alcohol or drugs; or
in a way that constitutes a significant departure from accepted professional standards.
The treating practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the second health practitioner's conduct that forms the basis of the reasonable belief.
Note—
See section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law.
Subsection (4) applies to a registered health practitioner (also the treating practitioner) who, in the course of providing a health service to a student, forms a reasonable belief that the student has an impairment that, in the course of the student undertaking clinical training, may place the public at substantial risk of harm.
The treating practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the student's impairment.
Note—
See section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law.
In considering whether the public is being, or may be, placed at substantial risk of harm, the treating practitioner may consider the following matters relating to an impairment of the second health practitioner or student—
the nature, extent and severity of the impairment;
the extent to which the second health practitioner or student is taking, or is willing to take, steps to manage the impairment;
the extent to which the impairment can be managed with appropriate treatment;
any other matter the treating practitioner considers is relevant to the risk of harm the impairment poses to the public.
A contravention of subsection (2) or (4) by the treating practitioner does not constitute an offence but may constitute behaviour for which action may be taken under this Part.
This section applies subject to section 141C.
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