New South Wales Consolidated Acts

PUBLIC HEALTH ACT 2010 - SECT 84

84 Notification of deaths arising after anaesthesia or sedation for operations or procedures

(1) This section applies if a patient or former patient dies while under, or as a result of, or within 24 hours after, the administration of an anaesthetic or a sedative drug administered in the course of a medical, surgical or dental operation or procedure or other health operation or procedure (other than a local anaesthetic or sedative drug administered solely for the purpose of facilitating a procedure for resuscitation from apparent or impending death).

(2) The health practitioner who is responsible for the administration of the anaesthetic or sedative drug must, as soon as practicable--

(a) if it was administered at a hospital, ensure that the chief executive officer is notified of the death, or

(b) if it was not administered at a hospital, ensure that the Secretary is given notice in writing of the death in the approved form.

(3) The chief executive officer of a hospital who is notified under this section of a death or otherwise becomes aware that a death of a patient or former patient of the hospital to which this section applies has occurred must, as soon as practicable, ensure that the Secretary is given notice in writing of the death in the approved form.

(4) The chief executive officer, and any health practitioner who was responsible for the administration of the anaesthetic or sedative drug concerned, must provide the Secretary with such additional information as the Secretary may request in a particular case.

(5) It is a defence to proceedings for an offence under this section if the chief executive officer or health practitioner satisfies the court that he or she reasonably believed that the relevant information had previously been provided to the Secretary.

: Maximum penalty--50 penalty units.