§ 26 — Ethics review of certain medical treatment

26.—(1) This section applies only in relation to the provision of medical treatment of a prescribed category or description (called in this Act a prescribed medical treatment).(2) A licensee that intends to provide the prescribed medical treatment must, before the prescribed medical treatment is provided to the individual —(a)

where the licensee is a section 25 licensee — refer or cause to be referred the individual’s case to at least one of the licensee’s clinical ethics committees for an ethics review of the proposed prescribed medical treatment; or

(b)

where the licensee is not a section 25 licensee — refer or cause to be referred the individual’s case to any clinical ethics committee appointed by a section 25 licensee for an ethics review of the proposed prescribed medical treatment.

(3) A licensee may provide the prescribed medical treatment to the individual only if every clinical ethics committee that conducted an ethics review of the prescribed medical treatment is satisfied that the prescribed medical treatment is ethically appropriate.

(4) A person must not provide a prescribed medical treatment if —(a)

the individual’s case has not been referred to a clinical ethics committee for an ethics review of the prescribed medical treatment under subsection (2); or

(b)

any clinical ethics committee to which the individual’s case is referred is not satisfied, following an ethics review under subsection (2), that the prescribed medical treatment is ethically appropriate.

(5) A person (not being a licensee) that contravenes subsection (4) shall be guilty of an offence.

(6) A licensee —(a)

that fails to comply with subsection (2) or (3); or

(b)

that allows a person to provide, or fails to take reasonable steps to prevent the person from providing, a prescribed medical treatment contrary to subsection (4),

shall be guilty of an offence.

(7) A person that is guilty of an offence under subsection (5) or (6) shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

—(1) This section applies only in relation to the provision of medical treatment of a prescribed category or description (called in this Act a prescribed medical treatment).

(2) A licensee that intends to provide the prescribed medical treatment must, before the prescribed medical treatment is provided to the individual —(a)

where the licensee is a section 25 licensee — refer or cause to be referred the individual’s case to at least one of the licensee’s clinical ethics committees for an ethics review of the proposed prescribed medical treatment; or

(b)

where the licensee is not a section 25 licensee — refer or cause to be referred the individual’s case to any clinical ethics committee appointed by a section 25 licensee for an ethics review of the proposed prescribed medical treatment.

(3) A licensee may provide the prescribed medical treatment to the individual only if every clinical ethics committee that conducted an ethics review of the prescribed medical treatment is satisfied that the prescribed medical treatment is ethically appropriate.

(4) A person must not provide a prescribed medical treatment if —(a)

the individual’s case has not been referred to a clinical ethics committee for an ethics review of the prescribed medical treatment under subsection (2); or

(b)

any clinical ethics committee to which the individual’s case is referred is not satisfied, following an ethics review under subsection (2), that the prescribed medical treatment is ethically appropriate.

(5) A person (not being a licensee) that contravenes subsection (4) shall be guilty of an offence.

(6) A licensee —(a)

that fails to comply with subsection (2) or (3); or

(b)

that allows a person to provide, or fails to take reasonable steps to prevent the person from providing, a prescribed medical treatment contrary to subsection (4),

shall be guilty of an offence.

(7) A person that is guilty of an offence under subsection (5) or (6) shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.