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Health Records (Privacy and Access) Act 1997
16DUnsuitable consumer-nominated health service provider
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16D Unsuitable consumer-nominated health service provider
(a) a record keeper receives a notice under section 16A nominating
a health service provider; and
(b) the record keeper believes, on reasonable grounds, that the
nominated health service provider is not a suitable person to act
as the nominated health service provider.
(2) Within 2 weeks after the day the record keeper receives the
nomination, the record keeper may give the consumer a written notice
stating that the record keeper objects to the nominated health service
(3) The notice—
(a) must state the ground of the objection; and
(b) may suggest the class of health service providers from which a
health service provider should be nominated.
(4) However, the record keeper must not give a notice under
subsection (2)—
(a) if—
(i) the health service provider who wrote the health record is
registered with a registration board; and
(ii) the nominated health service provider is registered by the
same board; or
(b) if the nominated health service provider is registered with the
registration board established for the medical profession (other
than as a student) and has the ability to understand and interpret
the health record; or
(c) if the nominated health service provider—
(i) provides the same kind of service as the health service
provider who wrote the health record; and
(ii) has the ability to understand and interpret the health record.
(5) In this section:
registration board means a national board established under the
Health Practitioner Regulation National Law (ACT), section 31.