35EMeaning of health care

35E Meaning of health care

(1)  Subject to subsection (2) , in this Part, health care means health care of the following kinds:

(a) any care, health service, procedure or treatment (including medical or dental treatment) provided by, or under the supervision of, a health practitioner for the purpose of diagnosing, preventing, assessing, maintaining or treating a physical condition or mental illness;

(b) an intimate forensic procedure and a non-intimate forensic procedure normally carried out by a person authorised to carry out the procedure under section 40 of the Forensic Procedures Act 2000 ;

(c) [Section 35E Subsection (1) amended by No. 21 of 2023, s. 25, Applied:01 Sep 2024] the conduct of health and medical research;

(d) any other kind of health care prescribed to be health care for the purposes of this Part.

(2)  In this Part, health care does not include –

(a) any non-intrusive examination made for diagnostic purposes (including a visual examination of the mouth, throat, nasal cavity, eyes or ears); or

(b) first-aid medical or dental treatment; or

(c) the administration of a pharmaceutical drug for the purpose, and in accordance with the dosage level, recommended in the manufacturer's instructions (if the drug is one for which a prescription is not required and which is normally self-administered); or

(d) any other kind of health care that is prescribed as not being health care for the purposes of this Part.