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40. Qualified practitioners to maintain records of implantable medical devices

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Amended

Last amended by an amending law of 2018.

(1)

A qualified practitioner who has introduced into the body of a person an implantable medical device listed in the Fifth Schedule shall maintain proper records of the following matters:

(a)

the name, address and national registration identity card number (if any) of that person;

(b)

the date on which the implantable medical device was introduced into the body of that person;

(c)

the name and description of the implantable medical device; (d)the lot or batch number of the implantable medical device;

(e)

the name of the manufacturer, product owner or supplier of the implantable medical device;

(f)

the model number or catalogue number of the implantable medical device.

(2)

Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

(3)

Any person who in compliance or purported compliance with paragraph (1) —

(a)

wilfully makes, or causes to be made, a false entry in any record required to be maintained under that paragraph; or

(b)

wilfully omits to make an entry required to be made by him in any such record,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

Subregulation 1

A qualified practitioner who has introduced into the body of a person an implantable medical device listed in the Fifth Schedule shall maintain proper records of the following matters:

(a)

the name, address and national registration identity card number (if any) of that person;

(b)

the date on which the implantable medical device was introduced into the body of that person;

(c)

the name and description of the implantable medical device; (d)the lot or batch number of the implantable medical device;

(e)

the name of the manufacturer, product owner or supplier of the implantable medical device;

(f)

the model number or catalogue number of the implantable medical device.

Subregulation 2

Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

Subregulation 3

Any person who in compliance or purported compliance with paragraph (1) —

(a)

wilfully makes, or causes to be made, a false entry in any record required to be maintained under that paragraph; or

(b)

wilfully omits to make an entry required to be made by him in any such record,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

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