New Zealand Acts

HEALTH PRACTITIONERS COMPETENCE ASSURANCE ACT 2003

- As at 15 June 2023
- Act 48 of 2003

TABLE OF PROVISIONS

   1.      Title

   PART 1 - Preliminary and key provisions

   2.      Commencement
   3.      Purpose of Act
   4.      Outline
   5.      Interpretation
   5A.     Transitional, savings, and related provisions
   6.      Act binds the Crown
   7.      Unqualified person must not claim to be health practitioner
   8.      Health practitioners must not practise outside scope of practice
   9.      Certain activities restricted to particular health practitioners
   10.     Power to issue search warrants in respect of offences against section 7 or section 9

   PART 2 - Registration of, and practising certificates for, health practitioners

   11.     Authorities must specify scopes of practice
   12.     Qualifications must be prescribed
   13.     Principles guiding the prescribing of qualifications
   14.     Provisions relating to notices under sections 11 and 12
   15.     Requirements for registration of practitioners
   16.     Fitness for registration
   17.     Applications for registration of health practitioners and authorisations of scopes of practice
   18.     Applications for re-registration
   19.     Authority may obtain information about application
   20.     Authority must inform applicant that it proposes to depart from indicated scope of practice or to decline application
   21.     Authority may authorise scope of practice or changed scope of practice
   22.     Contents of authorisation of scope of practice
   23.     Assessment of practitioners practising under supervision
   24.     Decisions of authority on registration
   25.     Decisions of authority on change to existing scope of practice
   26.     Applications for annual practising certificate
   27.     Restrictions on issue of annual practising certificate
   28.     Procedure for considering applications
   29.     Decisions of authority as to practising certificate and scope of practice
   30.     Currency of annual practising certificate
   31.     Interim practising certificate
   32.     Scope of practice must be endorsed on practising certificates
   33.     Surrender of practising certificate

   PART 3 - Competence, fitness to practise, and quality assurance

   34.     Notification that practice below required standard of competence
   35.     Authority must notify certain persons of risk of harm to public
   36.     When authority may review health practitioner's competence
   37.     Matters to be observed in reviewing competence
   38.     Orders concerning competence
   39.     Interim suspension of practising certificate or inclusion of conditions in scope of practice pending review or assessment
   40.     Competence programmes
   41.     Recertification programmes
   42.     Health practitioners may be required to make records available
   43.     Unsatisfactory results of competence programme or recertification programme
   44.     Confidentiality of information
   45.     Notification of inability to perform required functions due to mental or physical condition
   46.     Power to seek medical advice
   47.     Duty of Registrar
   48.     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
   49.     Power to order examination or testing
   50.     Restrictions may be imposed in case of inability to perform required functions
   51.     Revocation of suspension or conditions
   52.     Purpose of sections 54 to 63
   53.     Interpretation
   54.     Application for, and conferral of, protection on quality assurance activity
   55.     Minister must appoint person responsible for activity
   56.     Revocation of protection or revocation of appointment of person responsible
   57.     Consequence of not replacing person responsible for activity in certain cases
   58.     Reporting requirements
   59.     Confidentiality of information
   60.     Exceptions to prohibition on disclosure
   61.     Minister may authorise disclosure of information
   62.     Exclusion of liability
   63.     Application of Legislation Act 2012 to notices under section 54

   PART 4 - Complaints and discipline

   64.     Complaints about practitioners
   65.     Response to complaints referred by Health and Disability Commissioner
   66.     Health and Disability Commissioner must notify authority of pending complaint
   67.     Notification of convictions
   67A.    Action to be taken by authority on receipt of notice of conviction
   68.     Referral of information to professional conduct committee
   69.     Inclusion of conditions in health practitioner’s scope of practice or interim suspension of practising certificate pending prosecution or investigation if appropriateness of practitioner’s conduct in doubt
   69A.    Interim suspension of practising certificate pending prosecution or investigation if risk of harm to public
   70.     No action to be taken while matter under investigation by Health and Disability Commissioner
   71.     Professional conduct committees
   72.     Committees may regulate own procedure
   73.     Committees may appoint legal advisers and investigators
   74.     Information to be given to practitioner and complainant
   75.     Practitioners and complainants may request changes in membership of professional conduct committee
   76.     Professional conduct committees may receive evidence
   77.     Powers to call for information or documents
   78.     Compliance with requirement to provide information or document
   79.     Professional conduct committee may recommend suspension of practitioner's practising certificate if public at risk
   80.     Recommendations and determinations of professional conduct committee
   81.     Procedure after committee makes recommendation or determination
   82.     Settlement of complaint by conciliation
   83.     Restriction on information obtained by professional conduct committees
   84.     Establishment of Tribunal
   85.     Functions of Tribunal
   86.     Membership of Tribunal
   87.     Panel
   88.     Constitution of Tribunal for hearings
   89.     Hearings of Tribunal
   90.     Further provisions relating to Tribunal in Schedule 1
   91.     Laying of charge before Tribunal
   92.     Notice of disciplinary proceedings to be given to practitioner
   92A.    Chairperson may prohibit publication of names pending hearing of charge
   93.     Interim suspension of registration or imposition of restrictions on practice
   94.     Health practitioner may apply for revocation of order
   95.     Hearings to be public unless Tribunal orders otherwise
   96.     Clarifications concerning section 95
   97.     Special protection for certain witnesses
   98.     Prohibition of publication of names of complainants in sexual cases
   99.     Application for revocation of order under section 95 or for making of order under section 98
   100.    Grounds on which health practitioner may be disciplined
   101.    Penalties
   102.    Orders limiting restoration of registration
   103.    Orders of Tribunal
   103A.   Resourcing Tribunal’s administration costs
   104.    Resourcing costs of proceedings and nomination of executive officers
   104A.   Recovery of costs, fees, and expenses
   105.    Recovery of costs and expenses of Health and Disability Commissioner or Director of Proceedings

   PART 5 - Appeals

   106.    Rights of appeal
   107.    Notice of right of appeal
   108.    Orders to have effect pending determination of appeal
   109.    Procedure on appeal
   110.    Court's decision final
   111.    Court may refer matter back for reconsideration
   112.    Orders as to publication of names or particulars
   113.    Appeal on question of law

   PART 6 - Structures and administration

   114.    Authorities appointed
   115.    Authorities may be appointed in respect of additional professions
   116.    Conditions for designating health services as health profession
           Note
   116A.   Authorities may be amalgamated
   116B.   Effect of amalgamation
   116C.   Final report of authority
   116D.   Members not entitled to compensation for loss of office
           Note
   116E.   Director-General of Health to publish list of responsible authorities
   117.    Status and capacity of authorities
   118.    Functions of authorities
   119.    Exclusion of liability
   120.    Membership of authorities
   121.    Term of office
   122.    Vacation of office
           Note
   122A.   Performance reviews
   122B.   Information about implementation of recommendations to be included in annual report
   123.    Minister may ask for statistical information
   124.    Minister may audit authorities
   125.    Minister may require authority to respond to concerns following audit
   126.    Conciliation conference
   127.    Disputes about overlapping scopes of practice
   128.    Minister may give directions to resolve dispute
   129.    Other provisions relating to directions
   130.    Authorities may prescribe fees
   131.    Disciplinary levy
   132.    Further provisions relating to fees and levy
   133.    Application of fees, etc
   134.    Annual report
           Note
   134A.   Authority to provide to Director-General of Health information about health practitioners
   135.    Further provisions relating to authorities in Schedule 3
   136.    Register
   137.    Register may be kept in parts
   138.    Information to be registered
   139.    Certificates of registered information
   140.    Health practitioners must notify Registrar of addresses for service
   141.    Changes of name
   142.    Health practitioner may ask for registration to be cancelled
   143.    Entry to be cancelled on death of health practitioner
   144.    Revision of register
   145.    Restoration of entries
   146.    Cancellation of registration on authority's direction
   147.    Removal of qualifications, or cancellation of registration, overseas
   148.    Cancellation or suspension not to affect existing liabilities
   149.    Authorities to publish register
   150.    Inspection of register
   151.    Authorities must appoint Registrars
   152.    Registrar must carry out authority's decisions and comply with directions of authority and Tribunal

   PART 7 - Miscellaneous provisions, consequential amendments and repeals, and transitional provisions

           SUBPART 1 - Miscellaneous provisions, consequential amendments, and repeals

   153.    Certificate of Registrars to be evidence
   154.    Authorities may withhold information in certain circumstances
   155.    Proceedings not invalid because of defect in appointment
   156.    Notice and service of documents
   156A.   Orders of authority
   156B.   When orders of authority or Tribunal take effect
   157.    Publication of orders
   157A.   Meaning of naming policy
   157B.   Authorities to issue naming policies
   157C.   Consultation on naming policies
   157D.   Naming policies to be available on Internet
   157E.   When naming policies come into force
   157F.   Review of naming policies
   157G.   Naming policies to be consistent with law
   157H.   Status of naming policies
   157I.   Authority naming health practitioner in accordance with naming policy protected by qualified privilege
   158.    Application of Trans-Tasman Mutual Recognition Act 1997
   159.    Reference to medical practitioners in other enactments
   160.    Reference to chiropractors in other enactments
   161.    Reference to dentists, etc, in other enactments
   162.    Reference to dietitians in other enactments
   163.    Reference to medical laboratory technologists, etc, in other enactments
   164.    Reference to nurses and midwives in other enactments
   165.    Reference to occupational therapists in other enactments
   166.    Reference to optometrists and opticians in other enactments
   167.    Reference to pharmacists in other enactments
   168.    Reference to physiotherapists in other enactments
   169.    Reference to psychologists in other enactments
   170.    Regulations
   171.    Review of operation of Act
   172.    False declarations and representations
   173.    Time for filing charging document
   174.    Duty of health practitioners in respect of reproductive health services
   175.    Consequential amendments, repeals, and revocations
   176.    Continuation of exemptions under Medical Auxiliaries Act 1966
   177.    Repeal of Part 6 of Medical Practitioners Act 1995 and savings for existing quality assurance notices

           SUBPART 2 - Transitional provisions

   178.    Interpretation
   179.    Persons registered under Chiropractors Act 1982 deemed to be registered under this Act
   180.    Persons registered under Dental Act 1988 deemed to be registered under this Act
   181.    Persons registered under Dietitians Act 1950 deemed to be registered under this Act
   182.    Persons registered under Medical Auxiliaries Act 1966 deemed to be registered under this Act
   183.    Persons registered under Medical Practitioners Act 1995 deemed to be registered under this Act
   184.    Persons registered under Nurses Act 1977 deemed to be registered under this Act
   185.    Persons registered under Occupational Therapy Act 1949 deemed to be registered under this Act
   186.    Persons registered under Optometrists and Dispensing Opticians Act 1976 deemed to be registered under this Act
   187.    Persons registered under Pharmacy Act 1970 deemed to be registered under this Act
   188.    Persons registered under Physiotherapy Act 1949 deemed to be registered under this Act
   189.    Persons registered under Psychologists Act 1981 deemed to be registered under this Act
   190.    Practitioners whose registration continued deemed to have authorised scope of practice
   191.    Continuation of annual practising certificates and licences issued under former registration Acts
   192.    Continuation of exemptions from holding annual practising certificates or licences
   193.    Persons holding certificates of temporary registration under Chiropractors Act 1982
   194.    Persons holding certificates of temporary registration under Dental Act 1988
   195.    Persons holding provisional certificates under Dental Act 1988
   196.    Persons holding certificates of temporary registration under Dietitians Act 1950
   197.    Persons holding provisional certificates under Dietitians Act 1950
   198.    Persons holding certificates of temporary registration as medical laboratory technologists under Medical Auxiliaries Act 1966
   199.    Persons holding certificates of temporary registration as medical radiation technologists under Medical Auxiliaries Act 1966
   200.    Persons holding certificates of temporary registration as podiatrists under Medical Auxiliaries Act 1966
   201.    Persons holding provisional certificates under Medical Auxiliaries Act 1966
   202.    Medical practitioners holding probationary registration
   203.    Medical practitioners holding temporary registration
   204.    Medical practitioners holding interim registration
   205.    Persons holding certificates of temporary registration under Nurses Act 1977
   206.    Persons holding provisional certificates under Nurses Act 1977
   207.    Persons holding provisional certificates under Occupational Therapy Act 1949
   208.    Persons holding certificates of temporary registration under Optometrists and Dispensing Opticians Act 1976
   209.    Persons holding provisional certificates of registration under Optometrists and Dispensing Opticians Act 1976
   210.    Persons holding certificates of temporary registration under Physiotherapy Act 1949
   211.    Persons holding provisional certificates of registration under Physiotherapy Act 1949
   212.    Persons holding certificates of temporary registration under Psychologists Act 1981
   213.    Persons holding provisional certificates of registration under Psychologists Act 1981
   214.    Applications pending at commencement of this section to be dealt with under former registration Act
   215.    Provisions relating to persons whose registration is suspended
   216.    Continuation of pending investigations, inquiries, and disciplinary proceedings
   217.    Complaints about conduct before commencement of this section
   218.    Charges about conduct before commencement of this section
   219.    Meaning of period of transition
   220.    Membership of continuing authorities during period of transition
   221.    Vacancies may be filled by Minister
   222.    Extension of office of elected members of registration bodies
   223.    Registrars to give effect to transitional provisions
   224.    Approved educational institutions deemed to be institutions accredited by authorities
   225.    Continuation of competence reviews, competence programmes, and recertification programmes under Medical Practitioners Act 1995
   226.    Vesting of assets of Pharmaceutical Society, old Dental Council, and Dental Technicians Board
   227.    Dissolution of Pharmaceutical Society, old Dental Council, and Dental Technicians Board
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