Accident Compensation (Definitions) Regulations 2019

2019/194

Coat of Arms of New Zealand

Accident Compensation (Definitions) Regulations 2019

Rt Hon Dame Helen Winkelmann, Administrator of the Government

Order in Council

At Wellington this 12th day of August 2019

Present:
Her Excellency the Administrator of the Government in Council

These regulations are made under sections 322 and 333(1)(d) of the Accident Compensation Act 2001—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for ACC made after being satisfied that there has been appropriate consultation in accordance with section 322(3) of that Act.

Regulations

1 Title

These regulations are the Accident Compensation (Definitions) Regulations 2019.

2 Commencement

These regulations come into force on 1 October 2019.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

acupuncturist means a person who—

(a)

is a full member of the New Zealand Register of Acupuncturists (Acupuncture NZ) Incorporated or a registered member of the New Zealand Acupuncture Standards Authority Incorporated; and

(b)

holds a current practising certificate

anaesthetic technician means a person who—

(a)

is, or is deemed to be, registered with the Medical Sciences Council of New Zealand continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of anaesthetic technology services; and

(b)

holds a current practising certificate

audiologist means a person who—

(a)

is a full member of the New Zealand Audiological Society Incorporated; and

(b)

holds a current practising certificate; but

(c)

does not include a member who is acting—

(i)

as a supplier of hearing aids; or

(ii)

in the course of employment by a supplier of hearing aids

chiropractor means a person who—

(a)

is, or is deemed to be, registered with the Chiropractic Board continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of chiropractic; and

(b)

holds a current practising certificate

clinical dental technician means a person who—

(a)

is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of clinical dental technology; and

(b)

holds a current practising certificate

counsellor has the meaning set out in regulation 5

dental hygienist means a person who—

(a)

is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dental hygiene; and

(b)

holds a current practising certificate

dental technician means a person who—

(a)

is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dental technology; and

(b)

holds a current practising certificate

dental therapist means a person who—

(a)

is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dental therapy; and

(b)

holds a current practising certificate

dentist means a person who—

(a)

is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dentistry; and

(b)

holds a current practising certificate

dietitian means a person who—

(a)

is, or is deemed to be, registered with the Dietitians Board continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dietetics; and

(b)

holds a current practising certificate

dispensing optician means a person who—

(a)

is, or is deemed to be, registered with the Optometrists and Dispensing Opticians Board continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of optical dispensing; and

(b)

holds a current practising certificate

health profession has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003

interim practising certificate means an interim practising certificate issued under section 31(1) of the Health Practitioners Competence Assurance Act 2003

medical laboratory science practitioner means a person who—

(a)

is, or is deemed to be, registered with the Medical Sciences Council of New Zealand continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical laboratory science; and

(b)

holds a current practising certificate

medical radiation technologist means a person who—

(a)

is, or is deemed to be, registered with the Medical Radiation Technologists Board continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical radiation technology; and

(b)

holds a current practising certificate

midwife means a person who—

(a)

is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery; and

(b)

holds a current practising certificate

nurse means a person who—

(a)

is, or is deemed to be, registered with the Nursing Council of New Zealand continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the practice of general nursing; and

(b)

holds a current practising certificate

nurse practitioner has the meaning set out in regulation 6

occupational therapist means a person who—

(a)

is, or is deemed to be, registered with the Occupational Therapy Board continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of occupational therapy; and

(b)

holds a current practising certificate

optometrist means a person who—

(a)

is, or is deemed to be, registered with the Optometrists and Dispensing Opticians Board continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of optometry; and

(b)

holds a current practising certificate

oral health therapist means a person who—

(a)

is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of oral health therapy; and

(b)

holds a current practising certificate

osteopath means a person who—

(a)

is, or is deemed to be, registered with the Osteopathic Council established by section 114(4) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of osteopathy; and

(b)

holds a current practising certificate

pharmacist means a person who—

(a)

is, or is deemed to be, registered with the Pharmacy Council established by section 114(5) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of pharmacy; and

(b)

holds a current practising certificate

physiotherapist means a person who—

(a)

is, or is deemed to be, registered with the Physiotherapy Board continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of physiotherapy; and

(b)

holds a current practising certificate

podiatrist means a person who—

(a)

is, or is deemed to be, registered with the Podiatrists Board continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of podiatry; and

(b)

holds a current practising certificate

practising certificate has the same meaning as in section 6(1) of the Act

psychologist means a person who—

(a)

is, or is deemed to be, registered with the Psychologists Board continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology; and

(b)

holds a current practising certificate

psychotherapist means a person who—

(a)

is, or is deemed to be, registered with the Psychotherapists Board established by the Health Practitioners Competence Assurance (Designation of Psychotherapy Services as Health Profession) Order 2007 as a practitioner of the profession of psychotherapy services; and

(b)

holds a current practising certificate

scope of practice has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003

speech therapist means a person who—

(a)

is a registered member of the New Zealand Speech Language Therapists Association Incorporated; and

(b)

holds a current practising certificate.

(2)

Unless the context otherwise requires, any term or expression that is defined in the Act and used, but not defined, in these regulations has the meaning given by the Act.

4 Transitional, savings, and related provisions

The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

Definitions for purposes of Act

5 Meaning of counsellor

For the purposes of the Act, counsellor means a person who is entitled to payment as a counsellor from an insurer under the Accident Insurance (“Counsellor”) Regulations 1999.

6 Meaning of nurse practitioner

For the purposes of the Act, nurse practitioner means a person who—

(a)

is, or is deemed to be, registered with the Nursing Council of New Zealand continued in existence by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of nurse practitioner functions; and

(b)

holds a current practising certificate.

7 Meaning of registered health professional

For the purposes of the Act, registered health professional means—

(a)

a person who is—

(i)

an anaesthetic technician; or

(ii)

a chiropractor; or

(iii)

a clinical dental technician; or

(iv)

a dental hygienist; or

(v)

a dental technician; or

(vi)

a dental therapist; or

(vii)

a dentist; or

(viii)

a dietitian; or

(ix)

a dispensing optician; or

(x)

a medical laboratory science practitioner; or

(xi)

a medical practitioner; or

(xii)

a medical radiation technologist; or

(xiii)

a midwife; or

(xiv)

a nurse; or

(xv)

a nurse practitioner; or

(xvi)

an occupational therapist; or

(xvii)

an optometrist; or

(xviii)

an oral health therapist; or

(xix)

an osteopath; or

(xx)

a pharmacist; or

(xxi)

a physiotherapist; or

(xxii)

a podiatrist; or

(xxiii)

a psychologist; or

(xxiv)

a psychotherapist; or

(b)

a person who holds an interim practising certificate for, and practises in, a health profession in which a person referred to in paragraph (a) practises, but only if the person is acting in accordance with any conditions of the interim certificate.

8 Meaning of treatment provider

For the purposes of the Act, treatment provider means any of the following:

(a)

an acupuncturist:

(b)

an audiologist:

(c)

a chiropractor:

(d)

a counsellor:

(e)

a dentist:

(f)

a medical laboratory science practitioner:

(g)

a medical practitioner:

(h)

a nurse:

(i)

a nurse practitioner:

(j)

an occupational therapist:

(k)

an optometrist:

(l)

an osteopath:

(m)

a physiotherapist:

(n)

a podiatrist:

(o)

a speech therapist.

Schedule 1 Transitional, savings, and related provisions

r 4

Part 1 Provisions relating to these regulations as made

There are no transitional, savings, or related provisions relating to these regulations as made.

Rachel Hayward,
for the Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 October 2019, state who is a registered health professional or a treatment provider for the purposes of the Accident Compensation Act 2001.

Regulatory impact assessment

The Ministry of Business, Innovation, and Employment produced a regulatory impact assessment on 29 March 2018 to help inform the decisions taken by the Government relating to the contents of this instrument.

A copy of this regulatory impact assessment can be found at—

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 15 August 2019.

These regulations are administered by the Ministry of Business, Innovation, and Employment.