Health Practitioners Competence Assurance Act 2003 (048)

Analysis
Title
1 Title

1: Preliminary and key provisions2 Commencement
3 Purpose of Act
4 Outline
5 Interpretation
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

2: Registration of, and practising certificates for, health practitioners11 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

3: Competence, fitness to practise, and quality assurance34 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 medical examination
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 Notices deemed to be regulations

4: Complaints and discipline64 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
68 Referral of complaints and notices of conviction to professional conduct committee
69 Interim suspension of practising certificate pending prosecution or investigation
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
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
104 Resourcing of Tribunal and nomination of executive officers
105 Recovery of fines and costs

5: Appeals106 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

6: Structures and administration114 Authorities appointed
115 Authorities may be appointed in respect of additional professions
116 Conditions for designating health services as health profession
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
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
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 address
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

Schedule(s)

1 FIRST: Provisions applying to Health Practitioners Disciplinary Tribunal
2 SECOND: Bodies continued in existence and appointed as authorities in respect of health professions
3 THIRD: Provisions applying to authorities
4 FOURTH: Acts amended
5 FIFTH: Amendments to Accident Insurance Act 1998 for transitional purposes
6 SIXTH: Regulations amended
7 SEVENTH: Acts repealed
8 EIGHTH: Regulations revoked