Health Practitioners (Protected Quality Assurance Activity—Capital and Coast DHB) Notice 2016

2017/5

Coat of Arms of New Zealand

Health Practitioners (Protected Quality Assurance Activity—Capital and Coast DHB) Notice 2016

Pursuant to section 54(3) of the Health Practitioners Competence Assurance Act 2003, the Minister of Health, being satisfied of the matters set out in that subsection, gives the following notice.

Notice

1 Title

This notice is the Health Practitioners (Protected Quality Assurance Activity—Capital and Coast DHB) Notice 2016.

2 Commencement

This notice comes into force on the day after the date of its notification in the Gazette.

3 Revocation of this notice

This notice is revoked on 27 September 2021.

4 Interpretation

In this notice,—

Capital and Coast DHB means the Capital and Coast District Health Board established by or under section 19(1) of the New Zealand Public Health and Disability Act 2000

specified health practitioner means a health practitioner who provides health services on behalf of Capital and Coast DHB and who—

(a)

is employed by Capital and Coast DHB; or

(b)

is authorised by Capital and Coast DHB to provide health services; or

(c)

has an access agreement with Capital and Coast DHB.

5 Declaration of protected quality assurance activity

The following quality assurance activities are protected to the extent that they are undertaken by Capital and Coast DHB in relation to specified health practitioners:

(a)

examining patients’ records:

(b)

analysing the following data on patients:

(i)

admission and discharge:

(ii)

morbidity:

(iii)

mortality:

(iv)

outcomes of treatment:

(c)

analysing the patient care process:

(d)

identifying and analysing any process or practice that results in an outcome for patients that may, but need not, be an adverse outcome:

(e)

presenting and discussing the results obtained under paragraphs (a) to (d):

(f)

undertaking multi-disciplinary case reviews and peer reviews:

(g)

making recommendations on how specified health practitioners can improve their performance so as to—

(i)

improve the quality of the care they provide; and

(ii)

reduce the incidence of adverse outcomes:

(h)

facilitating and monitoring the implementation of any recommendations made under paragraph (g).

Dated at Wellington this 17th day of October 2016.

Hon Dr Jonathan Coleman,
Minister of Health.

Explanatory note

This note is not part of the notice, but is intended to indicate its general effect.

This notice comes into force on the day after the date of its notification in the Gazette. It declares the quality assurance activities described in clause 5 to be protected. Quality assurance activities are activities that are undertaken to improve the practices or competence of health practitioners by assessing the health services performed by those practitioners. The effect of protecting a quality assurance activity is that—

  • any information that becomes known solely as a result of the activity is confidential; and

  • any documents brought into existence solely for the purposes of the activity are confidential; and

  • the persons who engage in the activity in good faith are immune from civil liability.

The protections afforded by this notice are subject to certain statutory exceptions. For example, this notice does not prohibit the disclosure of information that does not identify, either expressly or by implication, a particular individual.

This notice is revoked on 27 September 2021.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 2 February 2017.

This notice is administered by the Ministry of Health.