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Health services provider
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3. (1) In this Act, “health services provider” means—
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(a) a person, other than a health practitioner, who provides one or more health services and for that purpose—
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(i) employs a health practitioner for the provision (whether for, or on behalf of, that person) by that practitioner, of a health service,
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(ii) enters into a contract for services with a health practitioner for the provision (whether for, or on behalf of, that person) by that health practitioner of a health service,
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(iii) enters into an agency contract for the assignment, by an employment agency, of an agency health practitioner to provide a health service for, or on behalf of, that person,
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(iv) enters into an arrangement with a health practitioner—
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(I) for the provision by that health practitioner of a health service (whether for, or on behalf of, that person, or through or in connection with that person),
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(II) for the provision by that health practitioner of a health service on his or her own behalf (whether through or in connection with, or by or on behalf of, that person or otherwise), or
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(III) without prejudice to the generality of clause (II), to provide that health practitioner with privileges commonly known as practising privileges (whether such privileges are to operate through or in connection with, or by or on behalf of, the person or otherwise),
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or
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(v) insofar as it relates to the carrying on of the business of providing a health service—
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(I) employs one or more persons,
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(II) enters into a contract for services with one or more persons,
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(III) enters into an agency contract for the assignment of an agency worker, or
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(IV) enters into an arrangement with one or more persons,
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in respect of the carrying on of that business,
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(b) a health practitioner who provides a health service and does not provide that health service for, or on behalf of, or through or in connection with (whether by reason of employment or otherwise), a person referred to in paragraph (a) and includes a health practitioner who—
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(i) employs another health practitioner for the provision (whether for, or on behalf of, the first-mentioned health practitioner) by that other health practitioner of a health service,
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(ii) enters into a contract for services with another health practitioner for the provision (whether for, or on behalf of, the first-mentioned health practitioner) by that other health practitioner, of a health service,
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(iii) enters into an agency contract for the assignment, by an employment agency, of an agency health practitioner to provide a health service for, or on behalf of, the first-mentioned health practitioner, or
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(iv) insofar as it relates to the carrying on of the business of providing a health service—
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(I) employs one or more persons,
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(II) enters into a contract for services with one or more persons,
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(III) enters into an agency contract for the assignment of an agency worker, or
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(IV) enters into an arrangement with one or more persons,
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in respect of the carrying on of that business,
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(c) a partnership of 2 or more health practitioners who provide a health service in common which does not provide that health service for, or on behalf of, or through or in connection with (whether by reason of employment or otherwise), a person referred to in paragraph (a) and includes a partnership which—
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(i) employs another health practitioner for the provision (whether by or on behalf of, the partnership) by that other health practitioner of a health service,
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(ii) enters into a contract for services with another health practitioner for the provision (whether for, or on behalf of, the partnership) by that other health practitioner of a health service,
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(iii) enters into an agency contract for the assignment, by an employment agency, of an agency health practitioner to provide a health service for, or on behalf of, the partnership, or
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(iv) insofar as it relates to the carrying on of the business of providing a health service—
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(I) employs one or more persons,
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(II) enters into a contract for services with one or more persons,
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(III) enters into an agency contract for the assignment of an agency worker, or
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(IV) enters into an arrangement with one or more persons,
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in respect of the carrying on of that business, or
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(d) in the case of a cancer screening service, the Executive or, in respect of the cancer screening service referred to in paragraph (b) of the definition of “cancer screening service”, a provider referred to in paragraph (b) or (c).
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(2) For the purposes of paragraphs (b) and (c) of the definition of “health services provider”, references in each such paragraph to “through or in connection with” do not include the use by a health services provider referred to in each such paragraph of a health service (or processes related to a health service) provided—
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(a) by a health services provider referred to in paragraph (a) of that definition, and
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(b) for the purpose of the provision, by a health services provider—
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(i) referred to in paragraph (b) of that definition, of a health service on its own behalf, or
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(ii) referred to in paragraph (c) of that definition, of a health service on behalf of a partnership.
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