s. 125 125 Persons prohibited from signing recommendation or S. 125 certificate amended by Nos 23/1994 s. 118(Sch. 1 A recommendation or certificate in connection item 38.22), with the making of an involuntary treatment order 98/1995 or the admission of any person to an approved s. 58(2), 76/2003 mental health service is not valid if it is signed by s. 27(5)(c). a registered medical practitioner who is— (a) a relative or guardian of that person; or (b) the person by whom the request is made. 126 Offences in relation to recommendations or certificates S. 126(1) (1) A registered medical practitioner who wilfully and amended by falsely states or certifies anything in a Nos 23/1994 recommendation or certificate in connection with s. 118(Sch. 1 item 38.23), the making of an involuntary treatment order or 98/1995 the admission of any person to an approved s. 58(2), 76/2003 mental health service is guilty of professional s. 27(5)(c), misconduct unless the registered medical 39/2010 s. 126. practitioner satisfies the Medical Board of Australia that there were valid reasons for doing so. S. 126(2) (2) Any person not being a registered medical amended by practitioner who signs a recommendation or Nos 23/1994 certificate in connection with the making of an s. 118(Sch. 1 item 38.24), involuntary treatment order or the admission of 98/1995 any person to an approved mental health service is s. 58(2), 76/2003 guilty of an offence against this Act and liable to a s. 27(5)(c). penalty of not more than 25 penalty units. S. 127 127 Payment for recommendation amended by Nos 23/1994 Where a registered medical practitioner makes a s. 118(Sch. 1 recommendation under section 9 and is not item 38.25), 46/1998 entitled to receive payment for making the s. 7(Sch. 1). recommendation other than under this section, the registered medical practitioner may apply to the Secretary for payment of the prescribed recommendation fee.
S. 125 amended by Nos 23/1994 s. 118(Sch. 1 item 38.22), 98/1995 s. 58(2), 76/2003 s. 27(5)(c). 125 Persons prohibited from signing recommendation or certificate A recommendation or certificate in connection with the making of an involuntary treatment order or the admission of any person to an approved mental health service is not valid if it is signed by a registered medical practitioner who is— (a) a relative or guardian of that person; or (b) the person by whom the request is made. 126 Offences in relation to recommendations or certificates S. 126(1) amended by Nos 23/1994 s. 118(Sch. 1 item 38.23), 98/1995 s. 58(2), 76/2003 s. 27(5)(c), 39/2010 s. 126. s. 125 (1) A registered medical practitioner who wilfully and falsely states or certifies anything in a recommendation or certificate in connection with the making of an involuntary treatment order or the admission of any person to an approved mental health service is guilty of professional misconduct unless the registered medical practitioner satisfies the Medical Board of Australia that there were valid reasons for doing so. S. 126(2) amended by Nos 23/1994 s. 118(Sch. 1 item 38.24), 98/1995 s. 58(2), 76/2003 s. 27(5)(c). (2) Any person not being a registered medical practitioner who signs a recommendation or certificate in connection with the making of an involuntary treatment order or the admission of any person to an approved mental health service is guilty of an offence against this Act and liable to a penalty of not more than 25 penalty units. S. 127 amended by Nos 23/1994 s. 118(Sch. 1 item 38.25), 46/1998 s. 7(Sch. 1). 127 Payment for recommendation Where a registered medical practitioner makes a recommendation under section 9 and is not entitled to receive payment for making the recommendation other than under this section, the registered medical practitioner may apply to the Secretary for payment of the prescribed recommendation fee.
86-59a101.docx