Health Practitioners (Protected Quality Assurance Activity—Bridgewater Surgical Services Limited) Notice 2020

2020/335

Coat of Arms of New Zealand

Health Practitioners (Protected Quality Assurance Activity—Bridgewater Surgical Services Limited) Notice 2020

Pursuant to section 54(3) of the Health Practitioners Competence Assurance Act 2003, the Minister of Health, being satisfied of the matters set out in that subsection, gives the following notice.

Notice

1 Title

This notice is the Health Practitioners (Protected Quality Assurance Activity—Bridgewater Surgical Services Limited) Notice 2020.

2 Commencement

This notice comes into force on the day after the date of its notification in the Gazette.

3 Interpretation

In this notice, specified health practitioner means a health practitioner who is employed by Bridgewater Surgical Services Limited as one of the following:

(a)

an ophthalmic surgeon who is a member of the Royal Australian and New Zealand College of Ophthalmologists (RANZCO); or

(b)

an anaesthetist who is a member of the Australian and New Zealand College of Anaesthetists (ANZCA).

4 Declaration of protected quality assurance activities

The following quality assurance activities are protected to the extent that they are undertaken by Bridgewater Surgical Services Limited in relation to specified health practitioners:

(a)

identifying and investigating adverse outcomes following surgery; and

(b)

peer reviewing meetings; and

(c)

reviewing—

(i)

patient records; and

(ii)

treatment decisions; and

(iii)

treatment outcomes; and

(iv)

auditing procedures; and

(d)

making recommendations to consultants to—

(i)

improve their performance; and

(ii)

reduce the incidence of adverse outcomes; and

(e)

monitoring the implementation of activities taken in relation to paragraphs (a) to (d).

Dated at Wellington this 16th day of December 2020.

Hon Andrew Little,
Minister of Health.

Explanatory note

This note is not part of the notice, but is intended to indicate its general effect.

This notice comes into force on the day after the date of its notification in the Gazette. It declares the quality assurance activities described in clause 4 to be protected.

Quality assurance activities are activities that are undertaken to improve the practices or competence of health practitioners by assessing the health services performed by those practitioners. The effect of protecting a quality assurance activity is that—

  • any information that becomes known solely as a result of the activity is confidential; and

  • any documents brought into existence solely for the purposes of the activity are confidential; and

  • the persons who engage in the activity in good faith are immune from civil liability.

The protections afforded by this notice are subject to certain statutory exceptions. For example, this notice does not prohibit the disclosure of information that does not identify, either expressly or by implication, a particular individual.

This notice remains in force for 5 years unless sooner revoked.

Issued under the authority of the Legislation Act 2012.

Date of notification in the Gazette: 22 December 2020.

This notice is administered by the Ministry of Health.