Health Practitioners Competence Assurance Act 2003

  • Warning: Some amendments have not yet been incorporated
  • This version was reprinted on 27 May 2016 to make corrections to sections 62(1), 75(1), 145(1), and Schedule 8 under section 25(1)(j)(ii) and (iii) of the Legislation Act 2012.

Reprint as at 27 August 2013

Coat of Arms of New Zealand

Health Practitioners Competence Assurance Act 2003

Public Act
 
2003 No 48
Date of assent
 
18 September 2003
Commencement
 
see 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

1Title
2Commencement
3Purpose of Act
4Outline
5Interpretation
6Act binds the Crown
7Unqualified person must not claim to be health practitioner
8Health practitioners must not practise outside scope of practice
9Certain activities restricted to particular health practitioners
10Power to issue search warrants in respect of offences against section 7 or section 9
11Authorities must specify scopes of practice
12Qualifications must be prescribed
13Principles guiding the prescribing of qualifications
14Provisions relating to notices under sections 11 and 12
15Requirements for registration of practitioners
16Fitness for registration
17Applications for registration of health practitioners and authorisations of scopes of practice
18Applications for re-registration
19Authority may obtain information about application
20Authority must inform applicant that it proposes to depart from indicated scope of practice or to decline application
21Authority may authorise scope of practice or changed scope of practice
22Contents of authorisation of scope of practice
23Assessment of practitioners practising under supervision
24Decisions of authority on registration
25Decisions of authority on change to existing scope of practice
26Applications for annual practising certificate
27Restrictions on issue of annual practising certificate
28Procedure for considering applications
29Decisions of authority as to practising certificate and scope of practice
30Currency of annual practising certificate
31Interim practising certificate
32Scope of practice must be endorsed on practising certificates
33Surrender of practising certificate
34Notification that practice below required standard of competence
35Authority must notify certain persons of risk of harm to public
36When authority may review health practitioner’s competence
37Matters to be observed in reviewing competence
38Orders concerning competence
39Interim suspension of practising certificate or inclusion of conditions in scope of practice pending review or assessment
40Competence programmes
41Recertification programmes
42Health practitioners may be required to make records available
43Unsatisfactory results of competence programme or recertification programme
44Confidentiality of information
45Notification of inability to perform required functions due to mental or physical condition
46Power to seek medical advice
47Duty of Registrar
48Interim 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
49Power to order medical examination
50Restrictions may be imposed in case of inability to perform required functions
51Revocation of suspension or conditions
52Purpose of sections 54 to 63
53Interpretation
54Application for, and conferral of, protection on quality assurance activity
55Minister must appoint person responsible for activity
56Revocation of protection or revocation of appointment of person responsible
57Consequence of not replacing person responsible for activity in certain cases
58Reporting requirements
59Confidentiality of information
60Exceptions to prohibition on disclosure
61Minister may authorise disclosure of information
62Exclusion of liability
63Application of Legislation Act 2012 to notices under section 54
64Complaints about practitioners
65Response to complaints referred by Health and Disability Commissioner
66Health and Disability Commissioner must notify authority of pending complaint
67Notification of convictions
68Referral of complaints and notices of conviction to professional conduct committee
69Interim suspension of practising certificate pending prosecution or investigation
70No action to be taken while matter under investigation by Health and Disability Commissioner
71Professional conduct committees
72Committees may regulate own procedure
73Committees may appoint legal advisers and investigators
74Information to be given to practitioner and complainant
75Practitioners and complainants may request changes in membership of professional conduct committee
76Professional conduct committees may receive evidence
77Powers to call for information or documents
78Compliance with requirement to provide information or document
79Professional conduct committee may recommend suspension of practitioner’s practising certificate if public at risk
80Recommendations and determinations of professional conduct committee
81Procedure after committee makes recommendation or determination
82Settlement of complaint by conciliation
83Restriction on information obtained by professional conduct committees
84Establishment of Tribunal
85Functions of Tribunal
86Membership of Tribunal
87Panel
88Constitution of Tribunal for hearings
89Hearings of Tribunal
90Further provisions relating to Tribunal in Schedule 1
91Laying of charge before Tribunal
92Notice of disciplinary proceedings to be given to practitioner
93Interim suspension of registration or imposition of restrictions on practice
94Health practitioner may apply for revocation of order
95Hearings to be public unless Tribunal orders otherwise
96Clarifications concerning section 95
97Special protection for certain witnesses
98Prohibition of publication of names of complainants in sexual cases
99Application for revocation of order under section 95 or for making of order under section 98
100Grounds on which health practitioner may be disciplined
101Penalties
102Orders limiting restoration of registration
103Orders of Tribunal
104Resourcing of Tribunal and nomination of executive officers
105Recovery of fines and costs
106Rights of appeal
107Notice of right of appeal
108Orders to have effect pending determination of appeal
109Procedure on appeal
110Court’s decision final
111Court may refer matter back for reconsideration
112Orders as to publication of names or particulars
113Appeal on question of law
114Authorities appointed
115Authorities may be appointed in respect of additional professions
116Conditions for designating health services as health profession
117Status and capacity of authorities
118Functions of authorities
119Exclusion of liability
120Membership of authorities
121Term of office
122Vacation of office
123Minister may ask for statistical information
124Minister may audit authorities
125Minister may require authority to respond to concerns following audit
126Conciliation conference
127Disputes about overlapping scopes of practice
128Minister may give directions to resolve dispute
129Other provisions relating to directions
130Authorities may prescribe fees
131Disciplinary levy
132Further provisions relating to fees and levy
133Application of fees, etc
134Annual report
135Further provisions relating to authorities in Schedule 3
136Register
137Register may be kept in parts
138Information to be registered
139Certificates of registered information
140Health practitioners must notify Registrar of address
141Changes of name
142Health practitioner may ask for registration to be cancelled
143Entry to be cancelled on death of health practitioner
144Revision of register
145Restoration of entries
146Cancellation of registration on authority’s direction
147Removal of qualifications, or cancellation of registration, overseas
148Cancellation or suspension not to affect existing liabilities
149Authorities to publish register
150Inspection of register
151Authorities must appoint Registrars
152Registrar must carry out authority’s decisions and comply with directions of authority and Tribunal
153Certificate of Registrars to be evidence
154Authorities may withhold information in certain circumstances
155Proceedings not invalid because of defect in appointment
156Notice and service of documents
157Publication of orders
158Application of Trans-Tasman Mutual Recognition Act 1997
159Reference to medical practitioners in other enactments
160Reference to chiropractors in other enactments
161Reference to dentists, etc, in other enactments
162Reference to dietitians in other enactments
163Reference to medical laboratory technologists, etc, in other enactments
164Reference to nurses and midwives in other enactments
165Reference to occupational therapists in other enactments
166Reference to optometrists and opticians in other enactments
167Reference to pharmacists in other enactments
168Reference to physiotherapists in other enactments
169Reference to psychologists in other enactments
170Regulations
171Review of operation of Act
172False declarations and representations
173Time for filing charging document
174Duty of health practitioners in respect of reproductive health services
175Consequential amendments, repeals, and revocations
176Continuation of exemptions under Medical Auxiliaries Act 1966
177Repeal of Part 6 of Medical Practitioners Act 1995 and savings for existing quality assurance notices
178Interpretation
179Persons registered under Chiropractors Act 1982 deemed to be registered under this Act
180Persons registered under Dental Act 1988 deemed to be registered under this Act
181Persons registered under Dietitians Act 1950 deemed to be registered under this Act
182Persons registered under Medical Auxiliaries Act 1966 deemed to be registered under this Act
183Persons registered under Medical Practitioners Act 1995 deemed to be registered under this Act
184Persons registered under Nurses Act 1977 deemed to be registered under this Act
185Persons registered under Occupational Therapy Act 1949 deemed to be registered under this Act
186Persons registered under Optometrists and Dispensing Opticians Act 1976 deemed to be registered under this Act
187Persons registered under Pharmacy Act 1970 deemed to be registered under this Act
188Persons registered under Physiotherapy Act 1949 deemed to be registered under this Act
189Persons registered under Psychologists Act 1981 deemed to be registered under this Act
190Practitioners whose registration continued deemed to have authorised scope of practice
191Continuation of annual practising certificates and licences issued under former registration Acts
192Continuation of exemptions from holding annual practising certificates or licences
193Persons holding certificates of temporary registration under Chiropractors Act 1982
194Persons holding certificates of temporary registration under Dental Act 1988
195Persons holding provisional certificates under Dental Act 1988
196Persons holding certificates of temporary registration under Dietitians Act 1950
197Persons holding provisional certificates under Dietitians Act 1950
198Persons holding certificates of temporary registration as medical laboratory technologists under Medical Auxiliaries Act 1966
199Persons holding certificates of temporary registration as medical radiation technologists under Medical Auxiliaries Act 1966
200Persons holding certificates of temporary registration as podiatrists under Medical Auxiliaries Act 1966
201Persons holding provisional certificates under Medical Auxiliaries Act 1966
202Medical practitioners holding probationary registration
203Medical practitioners holding temporary registration
204Medical practitioners holding interim registration
205Persons holding certificates of temporary registration under Nurses Act 1977
206Persons holding provisional certificates under Nurses Act 1977
207Persons holding provisional certificates under Occupational Therapy Act 1949
208Persons holding certificates of temporary registration under Optometrists and Dispensing Opticians Act 1976
209Persons holding provisional certificates of registration under Optometrists and Dispensing Opticians Act 1976
210Persons holding certificates of temporary registration under Physiotherapy Act 1949
211Persons holding provisional certificates of registration under Physiotherapy Act 1949
212Persons holding certificates of temporary registration under Psychologists Act 1981
213Persons holding provisional certificates of registration under Psychologists Act 1981
214Applications pending at commencement of this section to be dealt with under former registration Act
215Provisions relating to persons whose registration is suspended
216Continuation of pending investigations, inquiries, and disciplinary proceedings
217Complaints about conduct before commencement of this section
218Charges about conduct before commencement of this section
219Meaning of period of transition
220Membership of continuing authorities during period of transition
221Vacancies may be filled by Minister
222Extension of office of elected members of registration bodies
223Registrars to give effect to transitional provisions
224Approved educational institutions deemed to be institutions accredited by authorities
225Continuation of competence reviews, competence programmes, and recertification programmes under Medical Practitioners Act 1995
226Vesting of assets of Pharmaceutical Society, old Dental Council, and Dental Technicians Board
227Dissolution of Pharmaceutical Society, old Dental Council, and Dental Technicians Board
Reprint notes