Health Practitioners Competence Assurance Act 2003

38 Orders concerning competence

• (1) If, after conducting a review under section 36, the authority has reason to believe that a health practitioner fails to meet the required standard of competence, the authority must make 1 or more of the following orders:

  • (a) that the health practitioner undertake a competence programme:

  • (b) that 1 or more conditions be included in the health practitioner's scope of practice:

  • (c) that the health practitioner sit an examination or undertake an assessment specified in the order:

  • (d) that the health practitioner be counselled or assisted by 1 or more nominated persons.

  (2) If the authority is unable to conduct or complete a review of a health practitioner under section 36 because of the health practitioner's failure to respond adequately to a notice under section 37, the authority has, for the purposes of subsection (1), reason to believe that the health practitioner fails to meet the required standard of competence.

  (3) The Registrar of the authority must ensure that, after the making of an order under subsection (1),—

  • (a) a copy of the order is given within 5 working days after the making of the order to—

    • (i) the health practitioner concerned; and

    • (ii) any employer of the practitioner; and

    • (iii) any person who works in partnership or association with the practitioner; and

  • (b) all administrative steps are taken to give effect to the order.

  (4) An order made under subsection (1) takes effect on a date stated in the order, which, if the order is sent to the health practitioner by post, may not be earlier than 4 days after it is posted.

  Compare: 1995 No 95 s 61