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)](/view/html/inforce/current/act-2009-86a), 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](/view/html/inforce/current/act-1966-031), the [Medicines, Poisons and Therapeutic Goods Act 2022](/view/html/inforce/current/act-2022-073) or any other law governing a prescribed health practitioner’s practice. > > **s 5:** Am 2025 No 26, Sch 1\[1\]–\[3\].