Australian Health Practitioner Regulation Agency - Restriction: Restricted practice for medical practitioners
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Restriction: Restricted practice for medical practitioners

National Restrictions Library 2.0: This restriction applies to restictions imposed or accepted from 16 September 2024. For restrictions imposed or accepted before this date please see the National Restrictions Library 1.0.

Restriction description

A practitioner with this restriction has limits on their practice. This means that they must nominate a senior person at their practice location and do one of the following:

  • not practice in a specialist position
  • submit and follow a supervised practice plan.

A supervised practice plan states:

  • where they will practise
  • how much supervised practice they will complete
  • how the supervisor will assess their competence.

We check the supervised practice plan to ensure that the nominated supervisor and locations are appropriate. 

This type of restriction usually applies to practitioners whose qualifications or experience do not meet all the registration requirements.

We monitor compliance by checking that:

  • a senior person at each practice location understands the requirements of the restriction
  • the practitioner follows the limits on their practise
  • the practitioner meets all required timeframes
  • the supervisor supervises as required.

Medical practitioner without rotations 

A practitioner with this restriction has limits on their practice. This means that they must:

  • nominate a senior person at their practice locations
  • not practise in a specialist position.

This type of restriction usually applies to practitioners whose qualifications or experience do not meet all the registration requirements.

We monitor compliance by checking that:

  • a senior person at each practice location understands the requirements of the restriction
  • the practitioner follows the limits on their practice
  • the practitioner meets all required timeframes.

Full text of restriction

With rotations

  1. The practitioner must not practise other than either:
    1. in #specialty# in a non-specialist position, or
    2. in accordance with an approved supervision plan approved by Ahpra and published below to complete #applicable rotations e.g., emergency#. 
      #A supervised practice arrangement was approved on #date#. / No supervised practice arrangement is currently approved#.
  2. After publication of an approved supervised practise arrangement, the practitioner must only practise at approved and published practice locations.
    #No practice locations have been approved. / The following practice locations are approved #approved practice locations effective on #date##.
  3. The practitioner must not use the specialist title, #protected specialist title#.
  4. The practitioner must nominate a senior person at each practice location (senior person).
  5. The practitioner must within #timeframe# of the #start date#, provide acknowledgement that they have read and understood the requirements of this condition.

Without rotations

  1. The practitioner must not practise other than in #specialty# in a non-specialist position. 
  2. The practitioner must not use the specialist title, #protected specialist title#.
  3. The practitioner must nominate a senior person at each practice location (senior person).
  4. The practitioner must within #timeframe# of the #start date#, provide acknowledgement that they have read and understood the requirements of this condition.

‘Practice location’ is defined as any location where the practitioner practises the profession including any place where the practitioner:

  1. is self-employed
  2. shares premises with other registered health practitioners
  3. is engaged by one or more entities under a contract of employment, contract for services or any other arrangement or agreement
  4. provides services for or on the behalf of one or more entities, whether in an honorary capacity, as a volunteer or otherwise, whether or not the practitioner receives payment from an entity for the services, or
  5. provides professional services at the residential premises of a patient.

‘Senior person’ is defined as another person senior by position or experience. Where possible a senior person should be another registered health practitioner.

You will receive a monitoring plan that details contact information, due dates, and the information you will need to provide to show that you are complying with your restrictions.

Forms

Please contact your case officer for more information. 

For general information see our Frequently asked questions about Monitoring and compliance page

If you have not yet received contact details for your case officer, please email your enquiry.

We are here to support and guide you through your compliance. 

The contact details for your case officer are included on all our correspondence with you.

We also encourage you to use independent support services, including those provided on our Practitioner support services page.

You can also contact your legal representative or professional union to support you.

You are not permitted to practise without an approved and published practice location.

You must not commence practise or recommence practise until after we have assessed and approved a practice location and the approval has been published on the public register. 

We will consider any practise without published approval to be a breach of the restrictions and may take further regulatory action, even if your nominated practice location is subsequently approved.

For these restrictions, we need to be confident that there are adequate processes for monitoring your compliance with the restrictions at each practice location. 

We consider how appropriate a practice location is for a practitioner who is subject to these restrictions. We place significant weight on practice locations having independent people who we can communicate with and seek assurance from about the practitioner’s compliance.

Generally, we will provide a further opportunity to nominate a different practice location, or to address any shortfalls in the nomination. 

You must continue to not practise until such times as the approval of a practice location has been published on the public register. 

The senior person plays an important role in protecting the public as they are responsible for the provision of accurate practice information, and are, in general terms, the primary contact for us to seek assurances from regarding your practise and whether there is any evidence that your health condition is impacting on your ability to practise safely. The senior person should be sufficiently independent from you to be reasonably relied upon by to allow for adequate monitoring.

You should notify your case officer using the contact details on your monitoring plan. You will be required to nominate a new Senior Person within 14 days.

Send us confirmation  that you no longer practise at the location. For example, a termination letter.

We will remove the publication of the practice location from the public register.

If you only had one approved practice location, you must stop practising until we publish another approved practice location on the public register. If you want to start practising at a new location, you must nominate a new practice location in line with the requirements of the restrictions and the Protocol. 

If you had more than one approved practice location, you can continue practising at your other approved practice location while we assess your new nomination. 

In considering the appropriateness of a practice location for a practitioner subject to these restrictions, we place significant weight on the presence of independent persons with whom we can communicate and seek assurances from regarding the practitioner’s compliance. 

If there is no senior person or you are the senior person at the practice location, we may refuse your nomination of a practice location or may seek additional assurances that you are complying with the requirements of the restrictions. These may include the requirement for regular audit and independent reporting from local drugs and poisons authorities or Services Australia. 

You must notify your case officer of any incident where, due to a medical emergency, you accessed medication that you were not permitted to access or were otherwise non-compliant with your restriction.

We will assess whether the circumstances were such that compliance with the condition would directly affect your ability to provide care that would have a direct benefit to a patient in a medical emergency.

A medical emergency is defined as an event where it is not possible or reasonable to have a patient with a serious or life threatening condition seen by another practitioner or transferred to the nearest hospital.

We will treat any failure to notify of non-compliance in the circumstances of a medical emergency as a breach of the condition and may take further action in relation to a breach of conditions.

You must contact your Ahpra case officer or team as soon as possible if you have had a change of circumstances or are unable to comply with the requirements for any reason. See your monitoring plan for contact information. 

You may be able to apply for a change in your restrictions, or an extension of the date of commencement of the requirement for supervision. Circumstances are considered on a case-by-case basis.

 
 
 
Page reviewed 13/09/2024