Medicines Act 1981 No 118 (as at 22 September 2011), Public Act

105A Regulations relating to practitioners, veterinarians, and registered midwives
  • (1) Without limiting the generality of section 105(1)(d), regulations may be made under that provision—

    • (a) requiring any practitioner, veterinarian, or registered midwife, or a specified class of such persons, before commencing for the first time to prescribe prescription medicines or prescription medicines of a specified class or description, to satisfy 1 or more of the following requirements:

      • (i) to obtain any specified qualification or any qualification specified from time to time by notice in the Gazette by the Minister, or by the relevant professional organisation:

      • (ii) to undertake specified training or any training specified from time to time by notice in the Gazette by the Minister, or by the relevant professional organisation:

      • (iii) to demonstrate, to the satisfaction of the relevant professional organisation, that the person is sufficiently knowledgeable to safely prescribe prescription medicines or prescription medicines of a specified class or description:

    • (b) requiring any practitioner, veterinarian, or registered midwife, or any class of such persons, to undergo specified training or to undergo training specified from time to time by notice in the Gazette by the Minister, or by the relevant professional organisation (including training of an ongoing nature):

    • (c) requiring any practitioner, veterinarian, or registered midwife, or any class of such persons, to undergo an assessment of competence to prescribe prescription medicines of a specified class or description (including an assessment at regular intervals):

    • (d) requiring any practitioner, veterinarian, or registered midwife, or any class of such persons who prescribes prescription medicines of any specified class or description to undertake those duties under the supervision of a practitioner or a specified class of practitioner:

    • (e) prohibiting any practitioner, veterinarian, or registered midwife who fails to comply with any requirement imposed by or under regulations referred to in paragraphs (a) to (d) from prescribing prescription medicines or prescription medicines of any specified class or description.

    (2) In this section, relevant professional organisation means,—

    • (a) in the case of a practitioner or registered midwife or any class of practitioner or registered midwife, the authority under the Health Practitioners Competence Assurance Act 2003 that has jurisdiction in respect of the class of registered health professional to which the practitioner or registered midwife or the class of practitioner or registered midwife belongs:

    • (b) in the case of a veterinarian or any class of veterinarian, the Veterinary Council of New Zealand.

    Section 105A: inserted, on 15 October 1999, by section 15 of the Medicines Amendment Act 1999 (1999 No 117).

    Section 105A(1)(c): amended, on 17 May 2005, by section 3 of the Medicines Amendment Act 2005 (2005 No 60).

    Section 105A(2)(a): amended, on 18 September 2004, by section 19 of the Medicines Amendment Act 2003 (2003 No 50).