Health Practitioners (Protected Quality Assurance Activity—ANZCA Continuing Professional Development Program) Notice 2019

2019/187

Coat of Arms of New Zealand

Health Practitioners (Protected Quality Assurance Activity—ANZCA Continuing Professional Development Program) 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—ANZCA Continuing Professional Development Program) 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,—

ANZCA means the Australian and New Zealand College of Anaesthetists

specified health practitioner means any of the following practising in New Zealand:

(a)

a fellow of ANZCA:

(b)

a fellow of ANZCA Faculty of Pain Medicine:

(c)

any other health practitioner registered as permitted to practise in New Zealand within the scope of practice of anaesthesia or pain medicine.

4 Declaration of protected quality assurance activity

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

(a)

developing individual continuing professional development plans for specified health practitioners; and

(b)

ensuring specified health practitioners maintain an online continuing professional development portfolio, including documenting—

(i)

practice assessment; and

(ii)

emergency responses; and

(iii)

changes in delivery of care as a result of the activity; and

(c)

conducting clinical audits to assess and evaluate the care of patients; and

(d)

holding case conferences—

(i)

to review the anaesthesia or pain medicine management of individual patients; and

(ii)

to determine the best options for subsequent anaesthesia or pain medicine management of those patients; and

(e)

holding case conferences, for cases involving patient death or serious morbidity during a period of anaesthesia or pain medicine management,—

(i)

to review the anaesthesia or pain medicine management of individual patients; and

(ii)

to determine whether, in any case, the anaesthesia or pain medicine management contributed to the death or morbidity of a patient, or whether the death or morbidity of a patient could have been averted; and

(f)

reviewing the clinical audits referred to in paragraph (c) and the case conferences referred to in paragraphs (d) and (e); and

(g)

reviewing patient care processes; and

(h)

submitting perioperative mortality reports to mortality committees; and

(i)

critical incident monitoring to identify and analyse any process or practice resulting in an outcome for patients that may, but need not, be an adverse outcome; and

(j)

conducting peer reviews to evaluate the performance of a specified health practitioner or group of specified health practitioners; and

(k)

conducting practice peer reviews (on-site appraisals of a specified health practitioner’s practice by a Fellow approved by ANZCA); and

(l)

reviewing patient satisfaction surveys; and

(m)

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

(i)

improve the quality of care they provide; and

(ii)

reduce the incidence of adverse outcomes; and

(n)

facilitating and monitoring the implementation of recommendations described in paragraph (m).

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 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 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.