139BMeaning of “unsatisfactory professional conduct” of registered health practitioner generally [NSW]

139B Meaning of “unsatisfactory professional conduct” of registered health practitioner generally [NSW]

139B Meaning of “unsatisfactory professional conduct” of registered health practitioner generally [NSW]

(1) Unsatisfactory professional conduct of a registered health practitioner includes each of the following—

(a) Conduct significantly below reasonable standard

Conduct that demonstrates the knowledge, skill or judgment possessed, or care exercised, by the practitioner in the practice of the practitioner’s profession is significantly below the standard reasonably expected of a practitioner of an equivalent level of training or experience.

(b) Contravention of this Law or regulations

A contravention by the practitioner (whether by act or omission) of a provision of this Law, or the regulations under this Law or under the NSW regulations, whether or not the practitioner has been prosecuted for or convicted of an offence in respect of the contravention.

(c) Contravention of conditions of registration or undertaking

A contravention by the practitioner (whether by act or omission) of—

(i) a condition to which the practitioner’s registration is subject; or

(ii) an undertaking given to a National Board.

(d) Failure to comply with decision or order of Committee or the Tribunal

A contravention by the practitioner (whether by act or omission) of a decision or order made by a Committee or the Tribunal in relation to the practitioner.

(e) Contravention of requirement under Health Care Complaints Act 1993

A contravention by the practitioner of section 21A(3), 34A(4) or 63G(4) of the Health Care Complaints Act 1993.

(f) Accepting benefit for referral or recommendation to health service provider

Accepting from a health service provider (or from another person on behalf of the health service provider) a benefit as inducement, consideration or reward for—

(i) referring another person to the health service provider; or

(ii) recommending another person use any health service provided by the health service provider or consult with the health service provider in relation to a health matter.