sec.90CPower to issue order

sec.90C Power to issue order

The health ombudsman may issue a prohibition order to a health practitioner (other than in the person’s capacity as a registered health practitioner) if the health ombudsman— has completed an investigation under part 8 relating to the practitioner; and is satisfied that, because of the practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons. Without limiting subsection (1) (b) , 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) (b) 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 . s 90C ins 2019 No. 38 s 40 (sec.90C-ssec.1) The health ombudsman may issue a prohibition order to a health practitioner (other than in the person’s capacity as a registered health practitioner) if the health ombudsman— has completed an investigation under part 8 relating to the practitioner; and is satisfied that, because of the practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons. (sec.90C-ssec.2) Without limiting subsection (1) (b) , 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.90C-ssec.3) In deciding under subsection (1) (b) 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 .

• (a) has completed an investigation under part 8 relating to the practitioner; and
• (b) is satisfied that, because of the practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons.