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Compliance Policy: Supervision – Dental

Dental

Policy

Published on 1 Apr 2016

Date of publicationApril 2016
File NumberHP16/2774-04
Version1
SummaryThis policy sets out the requirements of a practitioner subject to a supervision condition.
Applies to:Practitioners with supervision conditions whose principal place of practice is in NSW, the Dental Council of NSW, or delegates of the Council, and HPCA staff supporting the Dental Council of NSW.
Of interest to

Supervisors and decision makers
AuthorThe Dental Council of NSW acknowledges that this position statement is based on work undertaken by the Medical Council of NSW in this area.
OwnerDental Council of NSW
Related legislation, Awards, Policy and AgreementsDental Council of NSW Supervisor Approval Position Statement; Health Practitioner Regulation National Law (NSW)
Review dateApril 2019

 

This policy applies to

A practitioner who is the subject of supervision conditions imposed in NSW¹.

¹ This policy applies where the supervision condition is imposed under Part 8 of the Health Practitioner Regulation National Law (NSW).

Purpose

This policy sets out the Council’s expectations of practitioners who have supervision conditions imposed on their registration.

A practitioner who is the subject of supervision conditions must comply with both this policy as well as the conditions. If a condition is inconsistent with any part of this policy, the condition prevails.

This policy is not to be confused with the Dental Board of Australia’s Guidelines on Supervision of dental practitioners.

Requirements for complying with a supervision condition

Practitioners who are the subject of a supervision condition must:

  1. Practise in a manner that complies with the category of supervision required by their condition.
  2. Nominate proposed supervisors to the Council in accordance with the requirements of their category of supervision. The Council will not automatically approve nominated supervisors and approval cannot be assumed. Practitioners must have received confirmation of approval of any supervisor to ensure compliance with their condition.
  3. Submit a copy of his/her conditions/orders to the Council, signed by the practitioner and the supervisor, indicating awareness of the conditions/orders and authorisation.
  4. Participate in review meetings with the Council-approved supervisor as required.
  5. Authorise the supervisor to forward supervision reports (in a Council approved format) to the Council at the frequency required by their condition and ensure that the supervisor does in fact provide those reports.
  6. Authorise the supervisor to immediately inform the Council of any concerns regarding the performance of the practitioner and their compliance with any conditions on their registration, or if the supervisory relationship ends.
  7. Meet all costs associated with supervision.
  8. Ensure continuity of supervision by nominating a suitable substitute supervisor for approval by the Council to cover any planned period of absence by the Council-approved supervisor. Any such nomination must be made with adequate time to allow consideration and approval by the Council.
  9. Immediately nominate a proposed replacement supervisor to be approved by the Council when the current approved supervisory relationship ends or is unexpectedly suspended.

Consequence of failure to comply with this policy

Failure to comply with this policy constitutes a breach of conditions.

Any breach of conditions may be referred to the Health Care Complaints Commission for investigation as a complaint. The Council may also consider taking interim action under section 150 of the Health Practitioner Regulation National Law (NSW) (Law).

Practitioners should know that the definition of unsatisfactory professional conduct (see section 139B(1)(c) of the Law) includes contravention of a condition to which a practitioner’s registration is subject.

The requirements and nature of each category of supervision

Decision makers will usually impose a supervision condition requiring supervision at a specified category in accordance with this policy. The requirements of the different categories are described in the table below and are to be adhered to unless varied by the conditions imposed on the practitioner’s registration.

* Frequency may be varied by a review body.

^ From the date of imposition of conditions and/or from the date when a nomination is declined.

Last updated on 1 Apr 2016

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