5. Medical history and consent to be obtained before treatment
(1) A school dental therapist shall not commence treatment for any child unless ¾
(a) in the case of initial treatment ¾
(i) a medical history of the child and a consent for treatment is obtained from a parent or guardian of the child; and
(ii) the supervising dental officer, having read the medical history and the consent for treatment, has prescribed the necessary treatment;
(b) in the case of subsequent treatment ¾
(i) an updated medical history of the child showing no change in the child's health status is obtained from a parent or guardian of the child; and
(ii) a supervising dental officer has examined the child within the preceding 4 years.
(2) The medical history, the consent for treatment and the updated medical history referred to in subregulation (1) ¾
(a) shall be in a form approved by the Commissioner of Health; and
(b) may be obtained from a person who has responsibility for the day to day care of the child and with whom the child is living if it is not reasonably practicable to obtain it from a parent or guardian.
(3) A school dental therapist who contravenes subregulation (1) commits an offence and is liable to ¾
(a) a penalty which is not more than $1 000 and not less than ¾
(i) in the case of a first offence, $100;
(ii) in the case of a second offence, $200; and
(iii) in the case of a third or subsequent offence, $500;
(b) if that offence is a continuing offence, a daily penalty which is not more than $100 and not less than $50.
[Regulation 5 inserted in Gazette 5 Dec 1986 p. 4465; amended in Gazette 23 Dec 1988 p. 4973; 7 Dec 2004 p. 5783.]