Health Practitioners (Protected Quality Assurance Activity—Auckland District Health Board) Notice 2019

2019/184

Coat of Arms of New Zealand

Health Practitioners (Protected Quality Assurance Activity—Auckland District Health Board) Notice 2019

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—Auckland District Health Board) Notice 2019.

2 Commencement

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

3 Interpretation

In this notice, specified health practitioner means a health practitioner employed by, or providing clinical services to, the Auckland District Health Board.

4 Declaration of protected quality assurance activity

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

(a)

assessing the care provided by individual specified health practitioners by—

(i)

reviewing clinical case notes, including laboratory, imaging, and other supporting information (for example, video or other electronic media); and

(ii)

presenting cases to practitioners; and

(iii)

discussing cases; and

(iv)

holding clinical audit meetings of cases; and

(v)

undertaking peer reviews of clinical practices; and

(b)

making recommendations on how practitioners may improve their performance so as to improve the quality of care they provide; and

(c)

monitoring the implementation of any recommendations made under paragraph (b).

Dated at Wellington this 25th day of July 2019.

Hon Dr David Clark,
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 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 purpose 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 unless sooner revoked.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 8 August 2019.

This notice is administered by the Ministry of Health.