The Professional Conduct Section of the Medical Council
often deals with enquiries concerning medical certificates, medical records, and advertising regulations.
Medical Certificates
The Medical Council receives numerous inquiries and complaints regarding the quality, accuracy and truthfulness of medical certificates. Guidelines are contained in the Medical Council's Medical Certificates Policy.
Advertising
Section 133 of the Health Practitioner Regulation National Law (NSW) states:
(1) A person must not advertise a regulated health service, or business that provides a regulated health service, in a way that -
(a) is false, misleading or deceptive or is likely to be misleading or deceptive; or
(b) offers a gift, discount or other inducement to attract a person to use the service of the business, unless the advertisement also states the terms and conditions of the offer; or
(c) uses testimonials or purported tesimonials about the service or business; or
(d) creates an unreasonable expectation of beneficial treatment; or
(e) directly or indirectly encourages the indiscriminate or unnecessary use of regulated health services.
Maximum penalty- (a) in the case of an individual - $5,000; or
(b) in the case of a body corporate - $10,000.
(2) A person does not commit an offence against subsection (1) merely because the person, as part of the person's business, prints or publishes an advertisement for another person.
(3) In proceedings for an offence against this section, a court may have regard to a guideline approved by a National Board about the advertising of regulated health services.
(4) In this section- regulated health service means a service provided by, or usually provided by, a health practitioner.
The Medical Board of Australia has developed guidelines concerning advertising. These guidelines can be found at: www.medicalboard.gov.au/index.php
Medical Records
The National Law (NSW) provides for the making of regulations with respect to records to be kept by medical practitioners practising in this State. Schedule 2 of the Health Practitioner Regulation (NSW) Regulation 2010 prescribes the information that must be included in records to be kept by medical practitioners and medical corporations in relation to patients.
In particular, the Health Practitioner Regulation (NSW) Regulation 2010 provides that a medical corporation must appoint a medical practitioner to be responsible for record keeping by the corporation. Such appointment must be in writing and in force at all times.
Health Practitioner Regulation (New South Wales) Regulation 2010
8 Medical services corporation to appoint practitioner to be responsible for record keeping (1) A medical corporation must, by written notice given to the Medical Council, appoint a medical practitioner to be responsible for record keeping by the corporation. There must be such an appointment in force at all times, otherwise the medical corporation is guilty of an offence. Maximum penalty: 2 penalty units.
(2) The notice of appointment must be accompanied by a notice of acceptance of the appointment signed by the appointed person.
(3) An appointment may be revoked by written notice given to the Medical Council given either by the corporation or by or on behalf of the appointed person. The appointment is automatically revoked if the person appointed ceases to be a medical practitioner.
(4) If a medical corporation contravenes this Part or Schedule 2, the person appointed under this section to be responsible for record keeping by the corporation at the time of the contravention is taken to have contravened the provision that the corporation contravened.
Form for the Appointment of a Person to be responsible for the creation and retention of medical records by a corporation should be completed and returned to the Medical Council. Further information can be found at: www.medicalboard.gov.au
