Health Practitioners Competence Assurance Amendment Bill

  • enacted

Hon Dr David Clark

Health Practitioners Competence Assurance Amendment Bill

Government Bill

25—3

Contents

Key
1Title
2Commencement
3Principal Act
Part 1
Amendments to principal Act
3ASection 5 amended (Interpretation)
4New section 5A inserted (Transitional, savings, and related provisions)
5ATransitional, savings, and related provisions
4ASection 12 amended (Qualifications must be prescribed)
4BSection 14 amended (Provisions relating to notices under sections 11 and 12)
5Section 17 amended (Applications for registration of health practitioners and authorisations of scopes of practice)
5ASection 29 amended (Decisions of authority as to practising certificate and scope of practice)
5BSection 31 amended (Interim practising certificate)
5CSection 33 replaced (Surrender of practising certificate)
33Surrender of practising certificate
6Section 36 amended (When authority may review health practitioner’s competence)
7Section 38 amended (Orders concerning competence)
8Section 39 amended (Interim suspension of practising certificate or inclusion of conditions in scope of practice pending review or assessment)
9Section 48 amended (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)
10Section 49 amended (Power to order medical examination)
11Section 50 amended (Restrictions may be imposed in case of inability to perform required functions)
12Section 51 amended (Revocation of suspension or conditions)
13Section 58 amended (Reporting requirements)
13ASection 65 amended (Response to complaints referred by Health and Disability Commissioner)
13BNew section 67A inserted (Action to be taken by authority on receipt of notice of conviction)
67AAction to be taken by authority on receipt of notice of conviction
14Section 68 replaced (Referral of complaints and notices of conviction to professional conduct committee)
68Referral of information to professional conduct committee
15Section 69 amended (Interim suspension of practising certificate pending prosecution or investigation)
15AANew section 69A inserted (Interim suspension of practising certificate pending prosecution or investigation if risk of harm to public)
69AInterim suspension of practising certificate pending prosecution or investigation if risk of harm to public
15ASection 80 amended (Recommendations and determinations of professional conduct committee)
15BSection 81 amended (Procedure after committee makes recommendation or determination)
16New section 92A inserted (Chairperson may prohibit publication of names pending hearing of charge)
92AChairperson may prohibit publication of names pending hearing of charge
17Section 93 amended (Interim suspension of registration or imposition of restrictions on practice)
18Section 94 amended (Health practitioner may apply for revocation of order)
19Section 95 amended (Hearings to be public unless Tribunal orders otherwise)
20Section 102 amended (Orders limiting restoration of registration)
21Section 103 amended (Orders of Tribunal)
22New section 103A inserted (Resourcing Tribunal’s administration costs)
103AResourcing Tribunal’s administration costs
23Section 104 amended (Resourcing of Tribunal and nomination of executive officers)
24New section 104A inserted (Recovery of costs, fees, and expenses)
104ARecovery of costs, fees, and expenses
25Section 105 amended (Recovery of fines and costs)
25ASection 106 amended (Rights of appeal)
25BSection 111 amended (Court may refer matter back for reconsideration)
26New sections 116A to 116D and cross-heading inserted
Amalgamation of authorities
116AAuthorities may be amalgamated
116BEffect of amalgamation
116CFinal report of authority
116DMembers not entitled to compensation for loss of office
26ANew section 116E and cross-heading inserted
List of authorities
116EDirector-General of Health to publish list of responsible authorities
27Section 118 amended (Functions of authorities)
27ASection 120 amended (Membership of authorities)
28New sections 122A and 122B and cross-heading inserted
Performance reviews of authorities
122APerformance reviews
122BInformation about implementation of recommendations to be included in annual report
28ASection 134 amended (Annual report)
29New section 134A and cross-heading inserted
Information about health practitioners
134AAuthority to provide to Director-General of Health information about health practitioners
29ASection 140 replaced (Health practitioners must notify Registrar of address)
140Health practitioners must notify Registrar of addresses for service
29BSection 147 amended (Removal of qualifications, or cancellation of registration, overseas)
29CSection 156 amended (Notice and service of documents)
29DNew sections 156A and 156B inserted
156AOrders of authority
156BWhen orders of authority or Tribunal take effect
30New sections 157A to 157I inserted
157AMeaning of naming policy
157BAuthorities to issue naming policies
157CConsultation on naming policies
157DNaming policies to be available on Internet
157EWhen naming policies come into force
157FReview of naming policies
157GNaming policies to be consistent with law
157HStatus of naming policies
157IAuthority naming health practitioner in accordance with naming policy protected by qualified privilege
31Section 170 amended (Regulations)
Part 2
Further amendments to principal Act
32New Schedule 1AA inserted
33Schedule 1 amended
34Schedule 3 amended
35Consequential amendments to other enactments
Schedule 1
New Schedule 1AA inserted
Schedule 2
Consequential amendments
Legislative history

The Parliament of New Zealand enacts as follows: