23DSOther records of diagnostic imaging services

23DS Other records of diagnostic imaging services

(1) The regulations may require medical practitioners to prepare and maintain records of diagnostic imaging services rendered by them, and, in particular, may impose requirements relating to: (a) the form in which the records are to be prepared; and (b) the information that must be included in the records; and (c) the manner in which the records must be kept. (2) A medical practitioner must not, without reasonable excuse, contravene a requirement imposed by regulations made for the purposes of subsection (1). (3) Where the regulations require a medical practitioner to prepare and maintain a record of a diagnostic imaging service that the practitioner has rendered, the practitioner must retain the record for the period of 2 years commencing on the day on which the service was rendered. (4) Subject to subsection (7), a medical practitioner must, if requested to do so by the Chief Executive Medicare, produce to a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973): (a) as soon as practicable and in any case within 7 days after the day on which the request is made; and (b) at the place specified in the request; a record retained by the practitioner under subsection (3). (5) Subject to subsection (7), a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973) may make and retain copies of, or take and retain extracts from, any record produced to the employee under subsection (4). (6) A medical practitioner who contravenes subsection (2), (3) or (4) commits an offence.

Penalty: 10 penalty units.

(6A) Subsection (6) does not apply if the practitioner has a reasonable excuse.

Note: The defendant bears an evidential burden in relation to the matter in subsection (6A). See subsection 13.3(3) of the Criminal Code.

(6B) An offence under this section is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(7) This section does not: (a) require a medical practitioner to produce to a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973) who is not a medical practitioner a record containing clinical details relating to a patient; or (b) authorise a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973) who is not a medical practitioner to exercise powers under subsection (5) in relation to such a record.