Health Practitioners (Protected Quality Assurance Activity—ANZGOSA Audit) Notice 2017

2017/271

Coat of Arms of New Zealand

Health Practitioners (Protected Quality Assurance Activity—ANZGOSA Audit) Notice 2017

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—ANZGOSA Audit) Notice 2017.

2 Commencement

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

3 Interpretation

In this notice,—

ANZGOSA means the Australian and New Zealand Gastric and Oesophageal Surgery Association Incorporated

specified health practitioner means a health practitioner who is a member of ANZGOSA.

4 Declaration of protected quality assurance activity

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

(a)

collecting from specified health practitioners clinical and pathological data about patients with oesophago-gastric cancer or gastrointestinal stromal tumours; and

(b)

collating and analysing the data collected under paragraph (a); and

(c)

enabling specified health practitioners to—

(i)

assess their own surgical outcome data against aggregated data collected by ANZGOSA; and

(ii)

if necessary, investigate any variances; and

(iii)

adjust the care provided to patients; and

(d)

using the data collected under paragraph (a) to determine bi-national standards and clinical guidelines to promote better surgical care and management of oesophago-gastric cancer or gastrointestinal stromal tumours; and

(e)

monitoring national and bi-national compliance with standards or guidelines determined in accordance with paragraph (d).

Dated at Wellington this 31st day of August 2017.

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 4, which relate to the Australian and New Zealand Gastric and Oesophageal Surgery Association’s audit of specified health practitioners, 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 remains in force for 5 years.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 21 September 2017.

This notice is administered by the Ministry of Health.