Health Practitioners (Protected Quality Assurance Activity—Waikato DHB) Notice 2020

2020/337

Coat of Arms of New Zealand

Health Practitioners (Protected Quality Assurance Activity—Waikato 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—Waikato 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,—

specified health practitioner means a health practitioner who—

(a)

is employed by Waikato DHB; or

(b)

is authorised by Waikato DHB to provide health services; or

(c)

has an access agreement with Waikato DHB

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

4 Declaration of protected quality assurance activities

(1)

The following quality assurance activities (set out in subclauses (2) and (3)) are protected to the extent that they are undertaken by Waikato DHB in relation to specified health practitioners:

(a)

mortality and morbidity reviews, and clinical case reviews:

(b)

credentialing of specified health practitioners in the context of their clinical unit or service.

Mortality and morbidity reviews, and clinical case reviews

(2)

The activity involves—

(a)

examining patient records; and

(b)

conducting case note reviews; and

(c)

identifying and analysing patient outcomes arising from the conduct of mortality and morbidity studies; and

(d)

making recommendations on how the specified health practitioners who are engaging in the activity can improve their performance; and

(e)

examining information and documentation arising from mortality, morbidity, and case reviews.

Credentialing of specified health practitioners in the context of their clinical unit or service

(3)

The activity involves—

(a)

ensuring that each specified health practitioner’s scope of practice is consistent with the requirements of their position description and in the context of their clinical unit or service to ensure patient and staff safety; and

(b)

external peer review, which must occur with the involvement and input of all relevant professional advisers and include the review of the following in relation to the specified health practitioner’s clinical unit or service:

(i)

the clinical work that the specified health practitioner’s clinical unit or service is funded to provide; and

(ii)

the clinical unit’s or service’s goals and objectives; and

(iii)

the adequacy of the facilities and equipment; and

(iv)

the composition and skill level of the clinical team, including all specified health practitioners; and

(v)

the workload of the specified health practitioner; and

(vi)

the service outcome data, including clinical outcomes, patient satisfaction, and performance to plan; and

(vii)

the clinical teaching and research within the clinical unit or service; and

(viii)

the clinical quality assurance and improvement processes; and

(ix)

the staff training and development environment.

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 purpose 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.