139CAdditional matters that constitute unsatisfactory professional conduct of medical practitioners [NSW]

139C Additional matters that constitute unsatisfactory professional conduct of medical practitioners [NSW]

139C Additional matters that constitute unsatisfactory professional conduct of medical practitioners [NSW]

In addition to the matters referred to in section 139B, unsatisfactory professional conduct of a medical practitioner also includes each of the following—

(a) Criminal convictions and criminal findings

Conduct that results in the medical practitioner being convicted of or being made the subject of a criminal finding for any of the following offences—

(i) an offence under section 102 of the Mental Health Act 2007;

(ii) an offence under section 175 of the Children and Young Persons (Care and Protection) Act 1998;

(iii) an offence under section 35 of the Guardianship Act 1987;

(iv) an offence under section 128A, 128B, 129 or 129AA of the Health Insurance Act 1973 of the Commonwealth;

(v) an offence under section 58 of the Private Health Facilities Act 2007.

(b) Assisting unregistered practitioners

By the medical practitioner’s presence, countenance, advice, assistance or co-operation, knowingly enable a person who is not a medical practitioner (whether or not that person is described as an assistant) or is not otherwise authorised by a National Board to—

(i) perform operative surgery (as distinct from manipulative surgery) on a patient in respect of any matter requiring professional discretion or skill; or

(ii) issue or procure the issue of a certificate, notification, report or other like document, or to engage in professional practice, as if the person were a medical practitioner.

(c) Failing to render urgent attention

Refusing or failing, without reasonable cause, to attend (within a reasonable time after being requested to do so) on a person for the purpose of rendering professional services in the capacity of a medical practitioner if the practitioner has reasonable cause to believe the person is in need of urgent attention by a medical practitioner, unless the practitioner has taken all reasonable steps to ensure that another medical practitioner attends instead within a reasonable time.