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s 178

National Board may take action

In force
Schedule 2Health Practitioner Regulation National Law
Part 8Health, performance and conduct
Division 10Action by National Board

178 National Board may take action

(1)

This section applies if—

(a)

a

National Board reasonably believes, because of a notification or for any other reason—

(i)

the way a registered health practitioner registered in a health profession for which the Board is established practises the health profession, or the practitioner's professional conduct, is or may be unsatisfactory; or

(ii)

a registered health practitioner or student registered in a health profession for which the Board is established has or may have an impairment; or

(iii)

a student has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or

(iv)

a student has or may have contravened a condition of the student's registration or an undertaking given by the student to a National

Board; or

(v)

a registered health practitioner's registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular; and

(b)

the matter is not required to be referred to a responsible tribunal under section 193, including because of a decision made under section 193A that it is not in the public interest; and

(c)

the

Board decides it is not necessary or appropriate to refer the matter to a panel.

(2)

The

National Board may decide to take one or more of the following actions (relevant action) in relation to the registered health practitioner or student—

(a)

caution the registered health practitioner or student;

(b)

accept an undertaking from the registered health practitioner or student;

(c)

impose conditions on the practitioner's or student's registration, including, for example, in relation to a practitioner—

(i)

a condition requiring the practitioner to complete specified further education or training within a specified period; or

(ii)

a condition requiring the practitioner to undertake a specified period of supervised practice; or

(iii)

a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner's practice; or

(iv)

a condition requiring the practitioner to manage the practitioner's practice in a specified way; or

(v)

a condition requiring the practitioner to report to a specified person at specified times about the practitioner's practice; or

(vi)

a condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons;

(d)

refer the matter to another entity, including, for example, a health complaints entity, for investigation or other action.

(3)

If the National Board decides to impose a condition on the registered health practitioner's or student's registration, the Board must also decide a review period for the condition.

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Section 178 — National Board may take action — Health Practitioner Regulation National Law (South Australia) Act 2010 (South Australia) — Barrister AI