39Medical advisory committee

#### 39 Medical advisory committee 39 Medical advisory committee > > (1) The licensee of a private health facility must appoint, in accordance with any requirements prescribed by the regulations, a medical advisory committee for the facility consisting of the following— > > > > > (a) at least 5 medical practitioners registered under the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), > > > > > (b) the persons prescribed by the regulations for the class of private health facility, > > > > > (c) other health practitioners the licensee considers appropriate. > > > > Maximum penalty—1,000 penalty units. > > > (2) The medical advisory committee is to be responsible for— > > > > > (a) advising the licensee on the accreditation of practitioners to provide services at the facility and the delineation of their clinical responsibilities, and > > > > > (b) advising the licensee on matters concerning clinical practice at the facility, and > > > > > (c) advising the licensee on matters concerning patient care and safety at the facility, and > > > > > (d) any other matter that may be prescribed by the regulations. > > > (3) The medical advisory committee may include nominees or representatives of other health care providers, learned colleges or other relevant professional organisations. > > > (4) It is a duty of a medical advisory committee of a private health facility to report to the Secretary any repeated failure by the licensee of the facility to act on the committee’s advice on matters specified in subsection (2) where that failure is likely to adversely impact on the health or safety of patients. > > > (5) A licensee of a private health facility may be a member of the medical advisory committee for the facility, but must not chair the committee and must not, with other licensees of the facility, comprise a majority of the committee. > > > (6) The licensee of a private health facility must, as soon as is reasonably practicable, notify the Secretary in writing— > > > > > (a) of the name, contact details and qualifications of each person who becomes a member of a medical advisory committee for the facility, and > > > > > (b) of the date on which each such person ceases to be a member of the committee. > > > (7) Despite any other provision of this section, the licensee of a private health facility is responsible for the safety of patients at the facility and for clinical governance of the facility. > > **s 39:** Am 2010 No 34, Sch 2.40 \[2\]; 2017 No 50, Sch 5.26; 2025 No 30, Sch 7\[3\].