sec.68Power to issue interim prohibition orders

sec.68 Power to issue interim prohibition orders

The health ombudsman may issue an interim prohibition order to a health practitioner (other than in the person’s capacity as a registered health practitioner) if— the health ombudsman reasonably believes that— because of the practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons; and it is necessary to issue the order to protect public health or safety; or the health ombudsman reasonably believes issuing the order is otherwise in the public interest. A health practitioner is charged with a serious criminal offence, unrelated to the practitioner’s practice, for which an interim prohibition order is required to be issued to maintain public confidence in the provision of services by health practitioners. Without limiting subsection (1) (a) , the serious risk posed to a person by a health practitioner may be a serious risk of harm caused by the practitioner— practising the practitioner’s profession unsafely, incompetently or while intoxicated by alcohol or drugs; or financially exploiting the person; or engaging in a sexual or improper personal relationship with the person; or discouraging the person from seeking clinically accepted care or treatment; or making false or misleading claims about the health benefits of a particular health service; or making false or misleading claims about the practitioner’s qualifications, training, competence or professional affiliations. In deciding under subsection (1) (a) whether, because of a health practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons, the health ombudsman may have regard to a prescribed conduct document under section 288 . The health ombudsman may issue an interim prohibition order at any time, whether or not a complaint has been made in relation to the practitioner. s 68 amd 2017 No. 32 s 69 (sec.68-ssec.1) The health ombudsman may issue an interim prohibition order to a health practitioner (other than in the person’s capacity as a registered health practitioner) if— the health ombudsman reasonably believes that— because of the practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons; and it is necessary to issue the order to protect public health or safety; or the health ombudsman reasonably believes issuing the order is otherwise in the public interest. A health practitioner is charged with a serious criminal offence, unrelated to the practitioner’s practice, for which an interim prohibition order is required to be issued to maintain public confidence in the provision of services by health practitioners. (sec.68-ssec.2) Without limiting subsection (1) (a) , the serious risk posed to a person by a health practitioner may be a serious risk of harm caused by the practitioner— practising the practitioner’s profession unsafely, incompetently or while intoxicated by alcohol or drugs; or financially exploiting the person; or engaging in a sexual or improper personal relationship with the person; or discouraging the person from seeking clinically accepted care or treatment; or making false or misleading claims about the health benefits of a particular health service; or making false or misleading claims about the practitioner’s qualifications, training, competence or professional affiliations. (sec.68-ssec.3) In deciding under subsection (1) (a) whether, because of a health practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons, the health ombudsman may have regard to a prescribed conduct document under section 288 . (sec.68-ssec.4) The health ombudsman may issue an interim prohibition order at any time, whether or not a complaint has been made in relation to the practitioner.