What is meant by the transitional provisions of section 71 of the AHR Act? Can I start a new service or open a new clinic in this time of transition?
An effective licensing regime takes time to develop. Accordingly, the Act provides a transitional mechanism to enable persons who are “grandfathered” under section71 to continue to perform controlled activities. Therefore, clinics, physicians and others who performed a controlled activity at least once in the year prior to April22, 2004 can continue to do so in any facility without having to obtain a controlled activity licence until such time as the regulations specify a date by which a licence must be obtained. Until then, anyone opening a new fertility clinic or providing a new service must do so under section71.
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