Health Practitioners Competence Assurance Act 2003

Reprint as at 27 August 2013

Health Practitioners Competence Assurance Act 2003

Public Act2003 No 48
Date of assent18 September 2003
Commencementsee section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Health.


Contents

1 Title

Part 1
Preliminary and key provisions

Preliminary provisions

2 Commencement

3 Purpose of Act

4 Outline

5 Interpretation

6 Act binds the Crown

Key provisions

7 Unqualified person must not claim to be health practitioner

8 Health practitioners must not practise outside scope of practice

9 Certain activities restricted to particular health practitioners

10 Power to issue search warrants in respect of offences against section 7 or section 9

Part 2
Registration of, and practising certificates for, health practitioners

Prescribed scopes of practice, qualifications, and experience

11 Authorities must specify scopes of practice

12 Qualifications must be prescribed

13 Principles guiding the prescribing of qualifications

14 Provisions relating to notices under sections 11 and 12

Registration of practitioners and authorisations of scopes of practice

15 Requirements for registration of practitioners

16 Fitness for registration

17 Applications for registration of health practitioners and authorisations of scopes of practice

18 Applications for re-registration

19 Authority may obtain information about application

20 Authority must inform applicant that it proposes to depart from indicated scope of practice or to decline application

21 Authority may authorise scope of practice or changed scope of practice

22 Contents of authorisation of scope of practice

23 Assessment of practitioners practising under supervision

24 Decisions of authority on registration

25 Decisions of authority on change to existing scope of practice

Practising certificates

26 Applications for annual practising certificate

27 Restrictions on issue of annual practising certificate

28 Procedure for considering applications

29 Decisions of authority as to practising certificate and scope of practice

30 Currency of annual practising certificate

31 Interim practising certificate

32 Scope of practice must be endorsed on practising certificates

33 Surrender of practising certificate

Part 3
Competence, fitness to practise, and quality assurance

34 Notification that practice below required standard of competence

35 Authority must notify certain persons of risk of harm to public

36 When authority may review health practitioner's competence

37 Matters to be observed in reviewing competence

38 Orders concerning competence

39 Interim suspension of practising certificate or inclusion of conditions in scope of practice pending review or assessment

40 Competence programmes

41 Recertification programmes

42 Health practitioners may be required to make records available

43 Unsatisfactory results of competence programme or recertification programme

44 Confidentiality of information

Inability to perform required functions

45 Notification of inability to perform required functions due to mental or physical condition

46 Power to seek medical advice

47 Duty of Registrar

48 Interim suspension of practising certificate or inclusion of conditions in scope of practice in cases of suspected inability to perform required functions due to mental or physical condition

49 Power to order medical examination

50 Restrictions may be imposed in case of inability to perform required functions

51 Revocation of suspension or conditions

Quality assurance activities

52 Purpose of sections 54 to 63

53 Interpretation

54 Application for, and conferral of, protection on quality assurance activity

55 Minister must appoint person responsible for activity

56 Revocation of protection or revocation of appointment of person responsible

57 Consequence of not replacing person responsible for activity in certain cases

58 Reporting requirements

59 Confidentiality of information

60 Exceptions to prohibition on disclosure

61 Minister may authorise disclosure of information

62 Exclusion of liability

63 Application of Legislation Act 2012 to notices under section 54

Part 4
Complaints and discipline

Referral of complaints and interim suspensions

64 Complaints about practitioners

65 Response to complaints referred by Health and Disability Commissioner

66 Health and Disability Commissioner must notify authority of pending complaint

67 Notification of convictions

68 Referral of complaints and notices of conviction to professional conduct committee

69 Interim suspension of practising certificate pending prosecution or investigation

70 No action to be taken while matter under investigation by Health and Disability Commissioner

Professional conduct committees

71 Professional conduct committees

72 Committees may regulate own procedure

73 Committees may appoint legal advisers and investigators

74 Information to be given to practitioner and complainant

75 Practitioners and complainants may request changes in membership of professional conduct committee

76 Professional conduct committees may receive evidence

77 Powers to call for information or documents

78 Compliance with requirement to provide information or document

79 Professional conduct committee may recommend suspension of practitioner's practising certificate if public at risk

80 Recommendations and determinations of professional conduct committee

81 Procedure after committee makes recommendation or determination

82 Settlement of complaint by conciliation

83 Restriction on information obtained by professional conduct committees

Health Practitioners Disciplinary Tribunal

84 Establishment of Tribunal

85 Functions of Tribunal

86 Membership of Tribunal

87 Panel

88 Constitution of Tribunal for hearings

89 Hearings of Tribunal

90 Further provisions relating to Tribunal in Schedule 1

Procedure and decisions of Tribunal

91 Laying of charge before Tribunal

92 Notice of disciplinary proceedings to be given to practitioner

93 Interim suspension of registration or imposition of restrictions on practice

94 Health practitioner may apply for revocation of order

95 Hearings to be public unless Tribunal orders otherwise

96 Clarifications concerning section 95

97 Special protection for certain witnesses

98 Prohibition of publication of names of complainants in sexual cases

99 Application for revocation of order under section 95 or for making of order under section 98

100 Grounds on which health practitioner may be disciplined

101 Penalties

102 Orders limiting restoration of registration

103 Orders of Tribunal

Funding of Tribunal and recovery of costs and fines

104 Resourcing of Tribunal and nomination of executive officers

105 Recovery of fines and costs

Part 5
Appeals

106 Rights of appeal

107 Notice of right of appeal

108 Orders to have effect pending determination of appeal

109 Procedure on appeal

110 Court's decision final

111 Court may refer matter back for reconsideration

112 Orders as to publication of names or particulars

113 Appeal on question of law

Part 6
Structures and administration

Continuation and establishment of authorities

114 Authorities appointed

115 Authorities may be appointed in respect of additional professions

116 Conditions for designating health services as health profession

Status and functions of authorities

117 Status and capacity of authorities

118 Functions of authorities

119 Exclusion of liability

Members of authorities

120 Membership of authorities

121 Term of office

122 Vacation of office

Powers of Minister

123 Minister may ask for statistical information

124 Minister may audit authorities

125 Minister may require authority to respond to concerns following audit

126 Conciliation conference

127 Disputes about overlapping scopes of practice

128 Minister may give directions to resolve dispute

129 Other provisions relating to directions

Financial matters and annual report

130 Authorities may prescribe fees

131 Disciplinary levy

132 Further provisions relating to fees and levy

133 Application of fees, etc

134 Annual report

Corporate and administrative matters governed by Schedule 3

135 Further provisions relating to authorities in Schedule 3

Authorities to keep registers

136 Register

137 Register may be kept in parts

138 Information to be registered

139 Certificates of registered information

140 Health practitioners must notify Registrar of address

141 Changes of name

142 Health practitioner may ask for registration to be cancelled

143 Entry to be cancelled on death of health practitioner

144 Revision of register

145 Restoration of entries

146 Cancellation of registration on authority's direction

147 Removal of qualifications, or cancellation of registration, overseas

148 Cancellation or suspension not to affect existing liabilities

149 Authorities to publish register

150 Inspection of register

Registrars

151 Authorities must appoint Registrars

152 Registrar must carry out authority's decisions and comply with directions of authority and Tribunal

Part 7
Miscellaneous provisions, consequential amendments and repeals, and transitional provisions

Subpart 1Miscellaneous provisions, consequential amendments, and repeals

Miscellaneous provisions

153 Certificate of Registrars to be evidence

154 Authorities may withhold information in certain circumstances

155 Proceedings not invalid because of defect in appointment

156 Notice and service of documents

157 Publication of orders

158 Application of Trans-Tasman Mutual Recognition Act 1997

159 Reference to medical practitioners in other enactments

160 Reference to chiropractors in other enactments

161 Reference to dentists, etc, in other enactments

162 Reference to dietitians in other enactments

163 Reference to medical laboratory technologists, etc, in other enactments

164 Reference to nurses and midwives in other enactments

165 Reference to occupational therapists in other enactments

166 Reference to optometrists and opticians in other enactments

167 Reference to pharmacists in other enactments

168 Reference to physiotherapists in other enactments

169 Reference to psychologists in other enactments

170 Regulations

171 Review of operation of Act

172 False declarations and representations

173 Time for filing charging document

174 Duty of health practitioners in respect of reproductive health services

Consequential amendments, repeals, and revocations

175 Consequential amendments, repeals, and revocations

Savings for exemptions under Medical Auxiliaries Act 1966

176 Continuation of exemptions under Medical Auxiliaries Act 1966

Repeal of Part 6 of Medical Practitioners Act 1995 and savings

177 Repeal of Part 6 of Medical Practitioners Act 1995 and savings for existing quality assurance notices

Subpart 2Transitional provisions

Interpretation of terms used in this subpart

178 Interpretation

Persons registered under former registration Acts deemed to be registered under this Act

179 Persons registered under Chiropractors Act 1982 deemed to be registered under this Act

180 Persons registered under Dental Act 1988 deemed to be registered under this Act

181 Persons registered under Dietitians Act 1950 deemed to be registered under this Act

182 Persons registered under Medical Auxiliaries Act 1966 deemed to be registered under this Act

183 Persons registered under Medical Practitioners Act 1995 deemed to be registered under this Act

184 Persons registered under Nurses Act 1977 deemed to be registered under this Act

185 Persons registered under Occupational Therapy Act 1949 deemed to be registered under this Act

186 Persons registered under Optometrists and Dispensing Opticians Act 1976 deemed to be registered under this Act

187 Persons registered under Pharmacy Act 1970 deemed to be registered under this Act

188 Persons registered under Physiotherapy Act 1949 deemed to be registered under this Act

189 Persons registered under Psychologists Act 1981 deemed to be registered under this Act

Persons deemed registered under this Act deemed to have authorised scope of practice

190 Practitioners whose registration continued deemed to have authorised scope of practice

Unexpired annual practising certificates and licences and continuation of exemptions

191 Continuation of annual practising certificates and licences issued under former registration Acts

192 Continuation of exemptions from holding annual practising certificates or licences

Registrations subject to time limits under former registration Acts

193 Persons holding certificates of temporary registration under Chiropractors Act 1982

194 Persons holding certificates of temporary registration under Dental Act 1988

195 Persons holding provisional certificates under Dental Act 1988

196 Persons holding certificates of temporary registration under Dietitians Act 1950

197 Persons holding provisional certificates under Dietitians Act 1950

198 Persons holding certificates of temporary registration as medical laboratory technologists under Medical Auxiliaries Act 1966

199 Persons holding certificates of temporary registration as medical radiation technologists under Medical Auxiliaries Act 1966

200 Persons holding certificates of temporary registration as podiatrists under Medical Auxiliaries Act 1966

201 Persons holding provisional certificates under Medical Auxiliaries Act 1966

202 Medical practitioners holding probationary registration

203 Medical practitioners holding temporary registration

204 Medical practitioners holding interim registration

205 Persons holding certificates of temporary registration under Nurses Act 1977

206 Persons holding provisional certificates under Nurses Act 1977

207 Persons holding provisional certificates under Occupational Therapy Act 1949

208 Persons holding certificates of temporary registration under Optometrists and Dispensing Opticians Act 1976

209 Persons holding provisional certificates of registration under Optometrists and Dispensing Opticians Act 1976

210 Persons holding certificates of temporary registration under Physiotherapy Act 1949

211 Persons holding provisional certificates of registration under Physiotherapy Act 1949

212 Persons holding certificates of temporary registration under Psychologists Act 1981

213 Persons holding provisional certificates of registration under Psychologists Act 1981

Pending applications for registration

214 Applications pending at commencement of this section to be dealt with under former registration Act

Suspended practitioners

215 Provisions relating to persons whose registration is suspended

Complaints and disciplinary proceedings

216 Continuation of pending investigations, inquiries, and disciplinary proceedings

217 Complaints about conduct before commencement of this section

218 Charges about conduct before commencement of this section

Period of transition for membership of continuing authorities

219 Meaning of period of transition

220 Membership of continuing authorities during period of transition

221 Vacancies may be filled by Minister

Following enactment of this Act no elections to be held for registration bodies

222 Extension of office of elected members of registration bodies

Registrars to make necessary entries

223 Registrars to give effect to transitional provisions

Continuation of status of educational institutions

224 Approved educational institutions deemed to be institutions accredited by authorities

225 Continuation of competence reviews, competence programmes, and recertification programmes under Medical Practitioners Act 1995

Provisions relating to dissolution of Pharmaceutical Society, old Dental Council, and Dental Technicians Board

226 Vesting of assets of Pharmaceutical Society, old Dental Council, and Dental Technicians Board

227 Dissolution of Pharmaceutical Society, old Dental Council, and Dental Technicians Board

Schedule 1
Provisions applying to Health Practitioners Disciplinary Tribunal

Schedule 2
Bodies continued in existence and appointed as authorities in respect of health professions

Schedule 3
Provisions applying to authorities

Schedule 4
Acts amended

Schedule 5
Amendments to Accident Insurance Act 1998 for transitional purposes

Schedule 6
Regulations amended

Schedule 7
Acts repealed

Schedule 8
Regulations revoked

Reprint notes