Report 121 (2009) - Emergency medical care and the restricted right to practise
List of recommendations
Updates and background for this project (Digest) RECOMMENDATION 1
(1) The Medical Practice Act 1992 (NSW) s 36(1)(l) should be amended by substituting “in need of emergency medical attention” for “in need of urgent medical attention”.
(2) “Emergency medical attention” should be defined as medical attention that is required as a matter of urgency and is necessary to save a person’s life or prevent serious damage to his or her health.
RECOMMENDATION 2
The Medical Practice Act 1992 (NSW) should be amended by adding a section to the effect that a registered medical practitioner is not guilty of unsatisfactory professional conduct described in s 36(1) if the practitioner renders emergency medical attention to a person in need of it unless:
(a) any condition to which his or her registration is subject excludes the rendering of emergency medical attention; or
(b) any condition to which his or her registration is subject excludes the rendering of emergency medical attention of a particular kind or in particular circumstances and the medical attention rendered is of that kind or is rendered in those circumstances.
RECOMMENDATION 3
The Medical Practice Act 1992 (NSW) s 36(1)(l) should be amended so that it is clear that the practitioner does not have to be “requested” to act, but will be expected to act (subject to the other requirements of the provision) simply when an emergency situation presents itself. |
