Health Practitioners Competence Assurance Act 2003

If you need more information about this Act, please contact the administering agency: Ministry of Health
12 Qualifications must be prescribed

(1)

Each authority must, by notice, prescribe the qualification or qualifications for every scope of practice that the authority describes under section 11.

(2)

In prescribing qualifications under subsection (1), an authority may designate 1 or more of the following as qualifications for any scope of practice that the authority describes under section 11:

(a)

a degree or diploma of a stated kind from an educational institution accredited by the authority, whether in New Zealand or abroad, or an educational institution of a stated class, whether in New Zealand or abroad:

(b)

the successful completion of a degree, course of studies, or programme accredited by the authority:

(c)

a pass in a specified examination or any other assessment set by the authority or by another organisation approved by the authority:

(d)

registration with an overseas organisation that performs functions that correspond wholly or partly to those performed by the authority:

(e)

experience in the provision of health services of a particular kind, including, without limitation, the provision of such services at a nominated institution or class of institution, or under the supervision or oversight of a nominated health practitioner or class of health practitioner.

(3)

A notice under subsection (1) may state that 1 or more qualifications or experience of 1 or more kinds, or both, is required for each scope of practice that the authority describes under section 11.

(4)

An authority must monitor every New Zealand educational institution that it accredits for the purpose of subsection (2)(a), and may monitor any overseas educational institution that it accredits for that purpose.

(5)

An authority may, at any time, give notice to an educational institution accredited under subsection (2)(a) that the institution’s accreditation is revoked.

(6)

The revocation of an educational institution’s accreditation does not affect the registration of a health practitioner who qualified to practise within a scope of practice on the basis of having a degree or diploma from that institution.

(7)

A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationThe maker must publish it in the Gazette and ensure that an up-to-date version of it is available: LA19 ss 73, 74(1)(a), Sch 1 cl 14
• on the Internet
• for inspection free of charge at the office of the authority during business hours
• for sale at a reasonable price at the office of the authority during business hours
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 12(1): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 12(5): inserted, on 12 April 2019, by section 6 of the Health Practitioners Competence Assurance Amendment Act 2019 (2019 No 11).

Section 12(6): inserted, on 12 April 2019, by section 6 of the Health Practitioners Competence Assurance Amendment Act 2019 (2019 No 11).

Section 12(7): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).