Health Practitioners (Protected Quality Assurance Activity—Forensic Pathology South Island, Canterbury DHB) Notice 2020

2020/336

Coat of Arms of New Zealand

Health Practitioners (Protected Quality Assurance Activity—Forensic Pathology South Island, Canterbury DHB) 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—Forensic Pathology South Island, Canterbury DHB) 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,—

Canterbury DHB means the Canterbury District Health Board established by section 19(1) of the New Zealand Public Health and Disability Act 2000

Forensic Pathology South Island means the service that is part of the Forensic Pathology and Mortuary Services of Canterbury DHB

specified health practitioner means a forensic pathologist employed by Forensic Pathology South Island.

4 Declaration of protected quality assurance activities

(1)

The quality assurance activities set out in subclause (2) are protected to the extent that they are undertaken by Forensic Pathology South Island in relation to specified health practitioners.

(2)

The activities are—

(a)

presenting and reviewing final reports; and

(b)

in relation to a case, reviewing associated—

(i)

laboratory results; and

(ii)

histology findings; and

(iii)

photographs taken at the autopsy; and

(iv)

photographs taken at the scene of death (where applicable); and

(c)

a full vertical audit of a case, including an examination of the following processes:

(i)

the receipt of the body; and

(ii)

the examination of the body; and

(iii)

the release of the body; and

(iv)

the handling of samples taken from the body; and

(v)

any alteration made to the final report as a result of the peer-review process.

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 given 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 revoked before then.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 22 December 2020.

This notice is administered by the Ministry of Health.