Health and Disability Commissioner (Code of Health and Disability Services Consumers' Rights) Amendment Regulations 2004

2004/116

Health and Disability Commissioner (Code of Health and Disability Services Consumers' Rights) Amendment Regulations 2004


Note

These regulations are administered in the Ministry of Health.


Pursuant to section 74(1) of the Health and Disability Commissioner Act 1994, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
2 Commencement
  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Schedule amended
  • (1) Right 7 set out in clause 2 of the Schedule of the principal regulations is amended by revoking subclause (10), and substituting the following subclause:

    • (10) No body part or bodily substance removed or obtained in the course of a health care procedure may be stored, preserved, or used otherwise than—

      • (a) with the informed consent of the consumer; or

      • (b) for the purposes of research that has received the approval of an ethics committee; or

      • (c) for the purposes of 1 or more of the following activities, being activities that are each undertaken to assure or improve the quality of services:—

        • (i) a professionally recognised quality assurance programme:

        • (ii) an external audit of services:

        • (iii) an external evaluation of services.

    (2) Clause 4 of the Schedule of the principal regulations is amended by inserting, after the definition of duties, the following definition:

    ethics committee means an ethics committee—

    • (a) established by, or appointed under, an enactment; or

    • (b) approved by the Director-General of Health.

Diane Morcom,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the 28th day after their notification in the Gazette, amend the Health and Disability Commissioner (Code of Health and Disability Services Consumers' Rights) Regulations 1996.

The Code set out in the Schedule of those regulations provides in right 7(10) that any body parts or bodily substances removed or obtained in the course of a health care procedure may be stored, preserved, or used only with the informed consent of the consumer. The effect of the amendment made by these regulations is to dispense with the need for the consumer's consent to the storage, preservation, or use of the parts or substances if the use is

  • for the purposes of research that has received ethical approval; or

  • for the purposes of a professionally recognised quality assurance programme; or

  • for the purposes of an external audit or an external evaluation.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 13 May 2004.


  • 1 SR 1996/78