If the Board believes the ability of a registered practitioner to practise Chinese medicine or dispense Chinese herbs may be affected because--

(a) of the physical or mental health of the practitioner; or

(b) the practitioner has an incapacity; or

(c) the practitioner is an alcoholic or drug-dependent person--

(1) The person appointed to investigate the matter must give notice of the preliminary investigation to the registered practitioner to be investigated.

(2) A notice under sub-section (1) must--

(a) be in writing; and

(b) be sent by registered post as soon as possible after the Board's decision has been made; and

(c) advise the practitioner of the nature of the matter to be investigated; and

(d) ask the practitioner to advise the Board as to whether or not he or she will agree to undergo a medical examination within 28　practitioner to advise the Board as to whether or not he or she will agree to undergo a medical examination within 28　days after receiving the notice; an

(e) advise the practitioner of the procedures that can be taken under this Part.

(1) If the registered practitioner agrees to undergo a medical examination within 28 days, the registered practitioner must be examined by a registered medical practitioner who is agreed upon by the Board and the practitioner being investigated.

(2) If the Board and the practitioner being investigated are unable to agree upon a registered medical practitioner to conduct the examination, the Minister must appoint a registered medical practitioner to perform the examination.

(3) The Board must pay for the examination.

(1) The examining medical practitioner must give a report of his or her examination to the person appointed to investigate the matter, and, not more than 7 days later, to the practitioner being investigated.

(2) The person appointed to investigate the matter must discuss the report with the practitioner being investigated, and, in the case of an adverse finding in the report, the possible ways of dealing with that finding.

(3) After discussing the report with the practitioner being investigated, the person appointed to investigate the matter must report to the Board.

(4) Despite sub-section (1), if the report contains information of a medical or psychiatric nature concerning the practitioner being investigated, and it appears to the person appointed to conduct the investigation that the disclosure of that information to the practitioner might be prejudicial to the physical or mental health or well being of the practitioner, the investigator may decide not to give that information to the practitioner but to give it instead to a registered medical practitioner and to a registered practitioner who are nominated by the practitioner who is being investigated.

(5) Before acting under sub-section (4), the investigator must report to the Board and, if the investigator is not a registered practitioner and the Board is of the opinion that it is necessary for the investigation of the matter to be continued by a registered practitioner, the Board may appoint a registered practitioner to continue the investigation.

(1) If, after considering the reports given under section 31, the Board decides that further action should be taken, the Board must ask the registered practitioner whether or not he or she is prepared to agree to--

(a) alter the way in which he or she practises Chinese medicine or dispenses Chinese herbs; or

(b) the imposition of conditions, limitations or restrictions on his or her registration or endorsement of registration; or

(c) the suspension of his or her registration for the period of time specified by the Board.

(2) The Board may take any action that is necessary to implement an agreement under sub-section (1).

(a) does not agree to undergo a medical examination or does not abide by an agreement to undergo a medical examination; or

(b) does not reach an agreement with the Board under section 32 or does not abide by an agreement reached with the Board under section 32--

(1) A registered practitioner who believes that his or her ability to practise Chinese medicine or to dispense Chinese herbs is affected because--

(a) of his or her physical or mental health; or

(b) he or she has an incapacity; or

(c) he or she is an alcoholic or drug-dependent person--

(2) If the Board and the practitioner agree upon the suspension of registration or the condition, limitation or restriction to be imposed, the Board may suspend the registration or impose the condition, limitation or restriction.

(3) If the practitioner and the Board do not agree on the suspension of registration or the condition, limitation or restriction to be imposed, the Board must refer the matter to a preliminary investigation.

(1) If the Board has referred a matter to a formal hearing under this Division, the Board may suspend the registration of the practitioner until the hearing is completed, if the Board is of the opinion that the ability of the practitioner to practise Chinese medicine or dispense Chinese herbs is affected to such an extent that to allow the practitioner to continue to practise would pose a serious risk that the health and safety of the public will be endangered.

(2) If the Board has suspended the registration of a practitioner under sub-section (1), it must--

(a) immediately notify the practitioner of that suspension; and