|
|
Amendment of section 38 of Act of 1985
|
| |
12. Section 38 of the Act of 1985 is amended—
|
| |
(a) in subsection (1) —
|
| |
(i) in paragraph (b), by the substitution of “disability,” for “disability, or”, and
|
| |
(ii) by the insertion of the following paragraphs after paragraph (c):
|
| |
“(d) his or her alleged failure to comply with section 32A,
|
| |
(e) a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or
|
| |
(f) a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,”,
|
| |
(b) in subsection (3) —
|
| |
(i) in paragraph (b) —
|
| |
(I) in subparagraph (ii), by the substitution of “disability,” for “disability, or”, and
|
| |
(II) by the insertion of the following subparagraphs after subparagraph (iii):
|
| |
“(iv) the alleged failure to comply with section 32A,
|
| |
(v) a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or
|
| |
(vi) a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,”,
|
| |
and
|
| |
(ii) in paragraph (c) —
|
| |
(I) in subparagraph (ii), by the substitution of “disability,” for “disability, or”, and
|
| |
(II) by the insertion of the following subparagraphs after subparagraph (iii):
|
| |
“(iv) the alleged failure to comply with section 32A,
|
| |
(v) a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction,
|
| |
(vi) a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,”,
|
| |
(c) in subsection (4), by the deletion of “sent by pre-paid post to the address of that person as stated in the register”, and
|
| |
(d) in subsection (5) —
|
| |
(i) by the substitution of “Subject to sections 47(4) and 47A, the findings” for “The findings”,
|
| |
(ii) by the deletion of “, to be”,
|
| |
(iii) in paragraph (a), by the insertion of “to be” before “guilty”,
|
| |
(iv) in paragraph (b) —
|
| |
(I) by the insertion of “to be” before “unfit”, and
|
| |
(II) by the substitution of “disability,” for “disability, or”,
|
| |
(v) by the substitution of the following paragraph for paragraph (c):
|
| |
“(c) to be guilty of a failure to comply with regulations referred to in subsection (1)(c),”,
|
| |
and
|
| |
(vi) by the insertion of the following paragraphs after paragraph (c):
|
| |
“(d) to have failed to comply with section 32A,
|
| |
(e) to have a prohibition against him or her providing one or more than one kind of health or social care in the State or another jurisdiction, or
|
| |
(f) to have a restriction on his or her ability to provide one or more than one kind of health or social care in the State or another jurisdiction,”.
|