Health Practitioners Competence Assurance Act 2003

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Reprint as at 24 March 2020

Health Practitioners Competence Assurance Act 2003

Public Act		2003 No 48
Date of assent		18 September 2003
Commencement		see section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Health.

1	Title
	Part 1 Preliminary and key provisions
	Preliminary provisions
2	Commencement
3	Purpose of Act
4	Outline
5	Interpretation
5A	Transitional, savings, and related provisions
6	Act binds the Crown
	Key provisions
7	Unqualified person must not claim to be health practitioner
8	Health practitioners must not practise outside scope of practice
9	Certain activities restricted to particular health practitioners
10	Power to issue search warrants in respect of offences against section 7 or section 9
	Part 2 Registration of, and practising certificates for, health practitioners
	Prescribed scopes of practice, qualifications, and experience
11	Authorities must specify scopes of practice
12	Qualifications must be prescribed
13	Principles guiding the prescribing of qualifications
14	Provisions relating to notices under sections 11 and 12
	Registration of practitioners and authorisations of scopes of practice
15	Requirements for registration of practitioners
16	Fitness for registration
17	Applications for registration of health practitioners and authorisations of scopes of practice
18	Applications for re-registration
19	Authority may obtain information about application
20	Authority must inform applicant that it proposes to depart from indicated scope of practice or to decline application
21	Authority may authorise scope of practice or changed scope of practice
22	Contents of authorisation of scope of practice
23	Assessment of practitioners practising under supervision
24	Decisions of authority on registration
25	Decisions of authority on change to existing scope of practice
	Practising certificates
26	Applications for annual practising certificate
27	Restrictions on issue of annual practising certificate
28	Procedure for considering applications
29	Decisions of authority as to practising certificate and scope of practice
30	Currency of annual practising certificate
31	Interim practising certificate
32	Scope of practice must be endorsed on practising certificates
33	Surrender of practising certificate
	Part 3 Competence, fitness to practise, and quality assurance
34	Notification that practice below required standard of competence
35	Authority must notify certain persons of risk of harm to public
36	When authority may review health practitioner’s competence
37	Matters to be observed in reviewing competence
38	Orders concerning competence
39	Interim suspension of practising certificate or inclusion of conditions in scope of practice pending review or assessment
40	Competence programmes
41	Recertification programmes
42	Health practitioners may be required to make records available
43	Unsatisfactory results of competence programme or recertification programme
44	Confidentiality of information
	Inability to perform required functions
45	Notification of inability to perform required functions due to mental or physical condition
46	Power to seek medical advice
47	Duty of Registrar
48	Interim suspension of practising certificate or inclusion of conditions in scope of practice in cases of suspected inability to perform required functions due to mental or physical condition
49	Power to order examination or testing
50	Restrictions may be imposed in case of inability to perform required functions
51	Revocation of suspension or conditions
	Quality assurance activities
52	Purpose of sections 54 to 63
53	Interpretation
54	Application for, and conferral of, protection on quality assurance activity
55	Minister must appoint person responsible for activity
56	Revocation of protection or revocation of appointment of person responsible
57	Consequence of not replacing person responsible for activity in certain cases
58	Reporting requirements
59	Confidentiality of information
60	Exceptions to prohibition on disclosure
61	Minister may authorise disclosure of information
62	Exclusion of liability
63	Application of Legislation Act 2012 to notices under section 54
	Part 4 Complaints and discipline
	Referral of complaints and interim suspensions
64	Complaints about practitioners
65	Response to complaints referred by Health and Disability Commissioner
66	Health and Disability Commissioner must notify authority of pending complaint
67	Notification of convictions
67A	Action to be taken by authority on receipt of notice of conviction
68	Referral of information to professional conduct committee
69	Inclusion of conditions in health practitioner’s scope of practice or interim suspension of practising certificate pending prosecution or investigation if appropriateness of practitioner’s conduct in doubt
69A	Interim suspension of practising certificate pending prosecution or investigation if risk of harm to public
70	No action to be taken while matter under investigation by Health and Disability Commissioner
	Professional conduct committees
71	Professional conduct committees
72	Committees may regulate own procedure
73	Committees may appoint legal advisers and investigators
74	Information to be given to practitioner and complainant
75	Practitioners and complainants may request changes in membership of professional conduct committee
76	Professional conduct committees may receive evidence
77	Powers to call for information or documents
78	Compliance with requirement to provide information or document
79	Professional conduct committee may recommend suspension of practitioner’s practising certificate if public at risk
80	Recommendations and determinations of professional conduct committee
81	Procedure after committee makes recommendation or determination
82	Settlement of complaint by conciliation
83	Restriction on information obtained by professional conduct committees
	Health Practitioners Disciplinary Tribunal
84	Establishment of Tribunal
85	Functions of Tribunal
86	Membership of Tribunal
87	Panel
88	Constitution of Tribunal for hearings
89	Hearings of Tribunal
90	Further provisions relating to Tribunal in Schedule 1
	Procedure and decisions of Tribunal
91	Laying of charge before Tribunal
92	Notice of disciplinary proceedings to be given to practitioner
92A	Chairperson may prohibit publication of names pending hearing of charge
93	Interim suspension of registration or imposition of restrictions on practice
94	Health practitioner may apply for revocation of order
95	Hearings to be public unless Tribunal orders otherwise
96	Clarifications concerning section 95
97	Special protection for certain witnesses
98	Prohibition of publication of names of complainants in sexual cases
99	Application for revocation of order under section 95 or for making of order under section 98
100	Grounds on which health practitioner may be disciplined
101	Penalties
102	Orders limiting restoration of registration
103	Orders of Tribunal
	Funding of Tribunal and recovery of costs and fines
103A	Resourcing Tribunal’s administration costs
104	Resourcing costs of proceedings and nomination of executive officers
104A	Recovery of costs, fees, and expenses
105	Recovery of costs and expenses of Health and Disability Commissioner or Director of Proceedings
	Part 5 Appeals
106	Rights of appeal
107	Notice of right of appeal
108	Orders to have effect pending determination of appeal
109	Procedure on appeal
110	Court’s decision final
111	Court may refer matter back for reconsideration
112	Orders as to publication of names or particulars
113	Appeal on question of law
	Part 6 Structures and administration
	Continuation and establishment of authorities
114	Authorities appointed
115	Authorities may be appointed in respect of additional professions
116	Conditions for designating health services as health profession
	Amalgamation of authorities
116A	Authorities may be amalgamated
116B	Effect of amalgamation
116C	Final report of authority
116D	Members not entitled to compensation for loss of office
	List of authorities
116E	Director-General of Health to publish list of responsible authorities
	Status and functions of authorities
117	Status and capacity of authorities
118	Functions of authorities
119	Exclusion of liability
	Members of authorities
120	Membership of authorities
121	Term of office
122	Vacation of office
	Performance reviews of authorities
122A	Performance reviews
122B	Information about implementation of recommendations to be included in annual report
	Powers of Minister
123	Minister may ask for statistical information
124	Minister may audit authorities
125	Minister may require authority to respond to concerns following audit
126	Conciliation conference
127	Disputes about overlapping scopes of practice
128	Minister may give directions to resolve dispute
129	Other provisions relating to directions
	Financial matters and annual report
130	Authorities may prescribe fees
131	Disciplinary levy
132	Further provisions relating to fees and levy
133	Application of fees, etc
134	Annual report
	Information about health practitioners
134A	Authority to provide to Director-General of Health information about health practitioners
	Corporate and administrative matters governed by Schedule 3
135	Further provisions relating to authorities in Schedule 3
	Authorities to keep registers
136	Register
137	Register may be kept in parts
138	Information to be registered
139	Certificates of registered information
140	Health practitioners must notify Registrar of addresses for service
141	Changes of name
142	Health practitioner may ask for registration to be cancelled
143	Entry to be cancelled on death of health practitioner
144	Revision of register
145	Restoration of entries
146	Cancellation of registration on authority’s direction
147	Removal of qualifications, or cancellation of registration, overseas
148	Cancellation or suspension not to affect existing liabilities
149	Authorities to publish register
150	Inspection of register
	Registrars
151	Authorities must appoint Registrars
152	Registrar must carry out authority’s decisions and comply with directions of authority and Tribunal
	Part 7 Miscellaneous provisions, consequential amendments and repeals, and transitional provisions
	Subpart 1—Miscellaneous provisions, consequential amendments, and repeals
	Miscellaneous provisions
153	Certificate of Registrars to be evidence
154	Authorities may withhold information in certain circumstances
155	Proceedings not invalid because of defect in appointment
156	Notice and service of documents
156A	Orders of authority
156B	When orders of authority or Tribunal take effect
157	Publication of orders
157A	Meaning of naming policy
157B	Authorities to issue naming policies
157C	Consultation on naming policies
157D	Naming policies to be available on Internet
157E	When naming policies come into force
157F	Review of naming policies
157G	Naming policies to be consistent with law
157H	Status of naming policies
157I	Authority naming health practitioner in accordance with naming policy protected by qualified privilege
158	Application of Trans-Tasman Mutual Recognition Act 1997
159	Reference to medical practitioners in other enactments
160	Reference to chiropractors in other enactments
161	Reference to dentists, etc, in other enactments
162	Reference to dietitians in other enactments
163	Reference to medical laboratory technologists, etc, in other enactments
164	Reference to nurses and midwives in other enactments
165	Reference to occupational therapists in other enactments
166	Reference to optometrists and opticians in other enactments
167	Reference to pharmacists in other enactments
168	Reference to physiotherapists in other enactments
169	Reference to psychologists in other enactments
170	Regulations
171	Review of operation of Act
172	False declarations and representations
173	Time for filing charging document
174	Duty of health practitioners in respect of reproductive health services
	Consequential amendments, repeals, and revocations
175	Consequential amendments, repeals, and revocations
	Savings for exemptions under Medical Auxiliaries Act 1966
176	Continuation of exemptions under Medical Auxiliaries Act 1966
	Repeal of Part 6 of Medical Practitioners Act 1995 and savings
177	Repeal of Part 6 of Medical Practitioners Act 1995 and savings for existing quality assurance notices
	Subpart 2—Transitional provisions
	Interpretation of terms used in this subpart
178	Interpretation
	Persons registered under former registration Acts deemed to be registered under this Act
179	Persons registered under Chiropractors Act 1982 deemed to be registered under this Act
180	Persons registered under Dental Act 1988 deemed to be registered under this Act
181	Persons registered under Dietitians Act 1950 deemed to be registered under this Act
182	Persons registered under Medical Auxiliaries Act 1966 deemed to be registered under this Act
183	Persons registered under Medical Practitioners Act 1995 deemed to be registered under this Act
184	Persons registered under Nurses Act 1977 deemed to be registered under this Act
185	Persons registered under Occupational Therapy Act 1949 deemed to be registered under this Act
186	Persons registered under Optometrists and Dispensing Opticians Act 1976 deemed to be registered under this Act
187	Persons registered under Pharmacy Act 1970 deemed to be registered under this Act
188	Persons registered under Physiotherapy Act 1949 deemed to be registered under this Act
189	Persons registered under Psychologists Act 1981 deemed to be registered under this Act
	Persons deemed registered under this Act deemed to have authorised scope of practice
190	Practitioners whose registration continued deemed to have authorised scope of practice
	Unexpired annual practising certificates and licences and continuation of exemptions
191	Continuation of annual practising certificates and licences issued under former registration Acts
192	Continuation of exemptions from holding annual practising certificates or licences
	Registrations subject to time limits under former registration Acts
193	Persons holding certificates of temporary registration under Chiropractors Act 1982
194	Persons holding certificates of temporary registration under Dental Act 1988
195	Persons holding provisional certificates under Dental Act 1988
196	Persons holding certificates of temporary registration under Dietitians Act 1950
197	Persons holding provisional certificates under Dietitians Act 1950
198	Persons holding certificates of temporary registration as medical laboratory technologists under Medical Auxiliaries Act 1966
199	Persons holding certificates of temporary registration as medical radiation technologists under Medical Auxiliaries Act 1966
200	Persons holding certificates of temporary registration as podiatrists under Medical Auxiliaries Act 1966
201	Persons holding provisional certificates under Medical Auxiliaries Act 1966
202	Medical practitioners holding probationary registration
203	Medical practitioners holding temporary registration
204	Medical practitioners holding interim registration
205	Persons holding certificates of temporary registration under Nurses Act 1977
206	Persons holding provisional certificates under Nurses Act 1977
207	Persons holding provisional certificates under Occupational Therapy Act 1949
208	Persons holding certificates of temporary registration under Optometrists and Dispensing Opticians Act 1976
209	Persons holding provisional certificates of registration under Optometrists and Dispensing Opticians Act 1976
210	Persons holding certificates of temporary registration under Physiotherapy Act 1949
211	Persons holding provisional certificates of registration under Physiotherapy Act 1949
212	Persons holding certificates of temporary registration under Psychologists Act 1981
213	Persons holding provisional certificates of registration under Psychologists Act 1981
	Pending applications for registration
214	Applications pending at commencement of this section to be dealt with under former registration Act
	Suspended practitioners
215	Provisions relating to persons whose registration is suspended
	Complaints and disciplinary proceedings
216	Continuation of pending investigations, inquiries, and disciplinary proceedings
217	Complaints about conduct before commencement of this section
218	Charges about conduct before commencement of this section
	Period of transition for membership of continuing authorities
219	Meaning of period of transition
220	Membership of continuing authorities during period of transition
221	Vacancies may be filled by Minister
	Following enactment of this Act no elections to be held for registration bodies
222	Extension of office of elected members of registration bodies
	Registrars to make necessary entries
223	Registrars to give effect to transitional provisions
	Continuation of status of educational institutions
224	Approved educational institutions deemed to be institutions accredited by authorities
225	Continuation of competence reviews, competence programmes, and recertification programmes under Medical Practitioners Act 1995
	Provisions relating to dissolution of Pharmaceutical Society, old Dental Council, and Dental Technicians Board
226	Vesting of assets of Pharmaceutical Society, old Dental Council, and Dental Technicians Board
227	Dissolution of Pharmaceutical Society, old Dental Council, and Dental Technicians Board
	Schedule 1AA Transitional, savings, and related provisions
	Schedule 1 Provisions applying to Health Practitioners Disciplinary Tribunal
	Schedule 2 Bodies continued in existence and appointed as authorities in respect of health professions
	Schedule 3 Provisions applying to authorities
	Schedule 4 Acts amended
	Schedule 5 Amendments to Accident Insurance Act 1998 for transitional purposes
	Schedule 6 Regulations amended
	Schedule 7 Acts repealed
	Schedule 8 Regulations revoked
	Reprint notes

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