Document ID: chunk:federal_register_of_legislation:C2025C00156:section:20ba:p1
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 20BA (pt 1/2)
Character Range: 233860–236594

20BA  Confirmation of referral to a consultant physician or specialist
 (1) If:
 (a) a person refers a patient, in writing, to a consultant physician or a specialist; and
 (b) the physician or specialist receives the referral; and
 (c) the physician or specialist renders a specialist medical service to the patient as a consequence of the referral;
the physician or specialist must:
 (d) retain the referral for the period of 2 years beginning on the day on which the service was rendered to the patient; and
 (e) produce the referral, if asked to do so by the Chief Executive Medicare, to a medical practitioner who is a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973) within 7 days after receiving the request.
 (2) The consultant physician or specialist must not fail to comply with the Chief Executive Medicare's request.
Penalty: 5 penalty units.
 (2A) Subsection (2) does not apply if the physician or specialist has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2A). See subsection 13.3(3) of the Criminal Code.
 (3) If:
 (a) a consultant physician or specialist renders a specialist medical service to a patient; and
 (b) either:
 (i) the service was rendered to the patient in an emergency situation without a referral; or
 (ii) the service was rendered as a consequence of a referral that was recorded on a hospital record and not given to the physician or specialist to retain on his or her records;
the Chief Executive Medicare may request the physician or specialist to produce such information as is in his or her possession or control relating to whether the patient was so treated:
 (c) to a medical practitioner who is a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973); and
 (d) within 7 days after receiving the Chief Executive Medicare's request.
 (4) The consultant physician or specialist must not fail to comply with the Chief Executive Medicare's request.
Penalty: 5 penalty units.
 (4A) Subsection (4) does not apply if the physician or specialist has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (4A). See subsection 13.3(3) of the Criminal Code.
 (5) A medical practitioner who is a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973) may make and retain copies of, or take and retain extracts from, any referral or information produced under subsections (1) and (3).
 (6) If a referral retained by a physician or specialist, or information as to whether a service was rendered in a circumstance referred to in subsection (3), has been recorded on a film, tape disk or other