Health Practitioners Competence Assurance Act 2003

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

(1)

This section applies if a practitioner is alleged to have engaged in conduct that—

(a)

is relevant to—

(i)

a criminal proceeding that is pending against the practitioner; or

(ii)

an investigation about the practitioner that is pending under the Health and Disability Commissioner Act 1994 or under this Act; and

(b)

in the opinion of the responsible authority held on reasonable grounds, casts doubt on the appropriateness of the practitioner’s conduct in his or her professional capacity.

(2)

If this section applies, the responsible authority may order that—

(a)

the practising certificate of the health practitioner be suspended; or

(b)

1 or more conditions be included in the health practitioner’s scope of practice.

(3)

The authority may not make an order under subsection (2) unless it has first—

(a)

informed the health practitioner concerned why it may make an order under that subsection in respect of the health practitioner; and

(b)

given the health practitioner a reasonable opportunity to make written submissions and be heard on the question, either personally or by his or her representative.

(4)

The authority must order the revocation of an order under subsection (2) as soon as practicable after—

(a)

the authority is satisfied that the appropriateness of the practitioner’s conduct in his or her professional capacity is no longer in doubt; or

(b)

the criminal proceeding on which the practitioner’s suspension is based is disposed of otherwise than by his or her conviction; or

(c)

if the criminal proceeding on which the practitioner’s suspension is based results in his or her conviction, the authority is satisfied that no disciplinary action is to be taken or continued in respect of that conviction under the Health and Disability Commissioner Act 1994 or under this Act; or

(d)

if the investigation on which the practitioner’s suspension is based has been completed, the authority is satisfied that the practitioner will not be charged as a result of the investigation.

(5)

An order made under subsection (4) takes effect immediately.

Section 69 heading: replaced, on 12 April 2019, by section 23(1) of the Health Practitioners Competence Assurance Amendment Act 2019 (2019 No 11).

Section 69(4): amended, on 12 April 2019, by section 23(2) of the Health Practitioners Competence Assurance Amendment Act 2019 (2019 No 11).

Section 69(5): replaced, on 12 April 2019, by section 23(3) of the Health Practitioners Competence Assurance Amendment Act 2019 (2019 No 11).