Australian Health Practitioner Regulation Agency - Restriction: Not practise alone outside defined hours
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Restriction: Not practise alone outside defined hours

National Restrictions Library 2.0: This restriction applies to restictions imposed or accepted from 16 September 2024. For restrictions imposed or accepted before this date please see the National Restrictions Library 1.0.

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Restriction description

A practitioner with this restriction must not practise until we publish approved practice locations. Before approving practice locations, we check that the practitioner has systems to monitor their compliance with the restrictions.

A practitioner with this restriction has limits on their practice. The restriction states the limits, which can include:

  • not practising certain procedures
  • not practising in certain positions or doing clinical work
  • only practising at certain times
  • only seeing a certain number of patients
  • not practising alone.

The restriction states what the practitioner must and must not do. In some cases, the practitioner must keep a logbook of all patients they have had contact with.

A practitioner with this restriction might also need to have their practice audited. The audit is to confirm that the practitioner complies with the limits on their practice.

We usually apply this restriction due to concerns about a practitioner's health, conduct or performance. These concerns are often raised by a complaint.

We monitor compliance by checking that:

  • a senior person at each practice location understands the requirements of the restriction
  • the practitioner complies with the limits on their practise
  • the practitioner meets all required timeframes
  • the practitioner reports all patients they have contact with using independent information from Services Australia (where applicable).

Full text of restriction

  1. From #start date#, the practitioner must not practise other than at practice locations that are #declared/approved# and published below. 
    No practice locations have been #declared/approved# / The following practice locations #have been declared/are approved#: #approved practice locations effective on #date#.
  2. After publication of a practice location, the practitioner must not be the only #registered health practitioner/ profession# at any practice location between the hours of #restricted times (e.g. 8:00PM to 6:00AM)#.
  3. <include if required> For the purposes of clause (a), this:
    1. does not include #working in management/administration/ /advisory/policy development#
    2. #applies to/does not apply to# providing professional services at the residential home of a patient/ residential aged care facilities/ practices/ supervision of students of academic program of study/ providing professional services from the residential home of the practitioner/ any telehealth practice#.  
  4. <include if required> For the purposes of clauses (a) and (c), ‘contact’ and ‘practise’ do not include communication with another registered health practitioner to facilitate the #referral of patients/transfer of clinical records#.
  5. The practitioner must comply with the Ahpra Protocol: Practice Limitations (298 KB,PDF) in force at the date these conditions are imposed and then as updated from time to time.
  6. <include if defined procedures is selected/ otherwise include if required> The practitioner must:
    1. maintain a log, in the format required (the log), for every #procedure# and include the following details #insert requirements e.g., item number, procedure name etc#.
    2. provide the log on a #timeframe# basis or as otherwise required.
    3. complete a period of audits, with the first audit within #timeframe# of approval of a practice location and thereafter on a #frequency# basis or as otherwise required. 
    4. comply with the Ahpra Protocol: Complete audit (293 KB,PDF) in force at the date these conditions are imposed and then as updated from time to time.

You will receive a monitoring plan that details contact information, due dates, and the information you will need to provide to show that you are complying with your restrictions.

Forms

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Where can you seek further information about your restrictions?

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Please contact your case officer for more information. 

For general information see our Frequently asked questions about Monitoring and compliance page

If you have not yet received contact details for your case officer, please email your enquiry.

Where can you go to for support?

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We are here to support and guide you through your compliance. 

The contact details for your case officer are included on all our correspondence with you.

We also encourage you to use independent support services, including those provided on our Practitioner support services page.

You can also contact your legal representative or professional union to support you.

Can you start practising before your nomination of a practice location is approved?

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You are not permitted to practise without an approved and published practice location.

You must not commence practise or recommence practise until after we have assessed and approved a practice location and the approval has been published on the public register. 

We will consider any practise without published approval to be a breach of the restrictions and may take further regulatory action, even if your nominated practice location is subsequently approved.

Why does your practice location need approval?

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For these restrictions, we need to be confident that there are adequate processes for monitoring your compliance with the restrictions at each practice location. 

We consider how appropriate a practice location is for a practitioner who is subject to these restrictions. We place significant weight on practice locations having independent people who we can communicate with and seek assurance from about the practitioner’s compliance.

What if your nomination is not approved?

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Generally, we will provide a further opportunity to nominate a different practice location, or to address any shortfalls in the nomination. 

You must continue to not practise until such times as the approval of a practice location has been published on the public register. 

Why is the practice required to have a senior person?

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The senior person plays an important role in protecting the public as they are responsible for the provision of accurate practice information, and are, in general terms, the primary contact for us to seek assurances from regarding your practise and whether there is any evidence that your health condition is impacting on your ability to practise safely. The senior person should be sufficiently independent from you to be reasonably relied upon by to allow for adequate monitoring.

What if your nominated senior person is no longer available?

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You should notify your case officer using the contact details on your monitoring plan. You will be required to nominate a new Senior Person within 14 days.

What if your nominated practice location is no longer available?

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Send us confirmation  that you no longer practise at the location. For example, a termination letter.

We will remove the publication of the practice location from the public register.

If you only had one approved practice location, you must stop practising until we publish another approved practice location on the public register. If you want to start practising at a new location, you must nominate a new practice location in line with the requirements of the restrictions and the Protocol. 

If you had more than one approved practice location, you can continue practising at your other approved practice location while we assess your new nomination. 

What if you work in solo practice or you are the senior person?

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In considering the appropriateness of a practice location for a practitioner subject to these restrictions, we place significant weight on the presence of independent persons with whom we can communicate and seek assurances from regarding the practitioner’s compliance. 

If there is no senior person or you are the senior person at the practice location, we may refuse your nomination of a practice location or may seek additional assurances that you are complying with the requirements of the restrictions. These may include the requirement for regular audit and independent reporting from local drugs and poisons authorities or Services Australia. 

What if there is a medical emergency?

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You must notify your case officer of any incident where, due to a medical emergency, you accessed medication that you were not permitted to access or were otherwise non-compliant with your restriction.

We will assess whether the circumstances were such that compliance with the condition would directly affect your ability to provide care that would have a direct benefit to a patient in a medical emergency.

A medical emergency is defined as an event where it is not possible or reasonable to have a patient with a serious or life threatening condition seen by another practitioner or transferred to the nearest hospital.

We will treat any failure to notify of non-compliance in the circumstances of a medical emergency as a breach of the condition and may take further action in relation to a breach of conditions.

If you are unable to comply with the requirements, what should you do?

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You must contact your Ahpra case officer or team as soon as possible if you have had a change of circumstances or are unable to comply with the requirements for any reason. See your monitoring plan for contact information. 

You may be able to apply for a change in your restrictions, or an extension of the date of commencement of the requirement for supervision. Circumstances are considered on a case-by-case basis.

 
View the
National Restrictions Library 2.0 View all
Ahpra Protocols
 
 
Page reviewed 13/09/2024
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