5Termination by prescribed health practitioners at not more than 22 weeks

5 Termination by prescribed health practitioners at not more than 22 weeks

5 Termination by prescribed health practitioners at not more than 22 weeks

(1) A person who is a prescribed health practitioner may perform a termination on a person who is not more than 22 weeks pregnant.

(2) The prescribed health practitioner may perform the termination on the person only if the prescribed health practitioner has obtained informed consent to the termination from—

(a) the person, or

(b) if the person lacks the capacity to give informed consent to the termination, a person lawfully authorised to give consent on the person’s behalf.

(3) However, subsection (2) does not apply if, in an emergency, it is not practicable to obtain the person’s informed consent.

(4) In this section—

endorsed midwife means a midwife whose registration is endorsed under the Health Practitioner Regulation National Law (NSW), section 94.

prescribed health practitioner means the following—

(a) a medical practitioner,

(b) an endorsed midwife,

(c) a nurse practitioner.

(5) Nothing in this section—

(a) permits a prescribed health practitioner to act outside the practitioner’s scope of practice, or

(b) affects a prescribed health practitioner’s obligation to practice consistently with the practitioner’s relevant professional standards, or

(c) affects the operation of the Poisons and Therapeutic Goods Act 1966, the Medicines, Poisons and Therapeutic Goods Act 2022 or any other law governing a prescribed health practitioner’s practice.

s 5: Am 2025 No 26, Sch 1[1]–[3].