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Health Practitioners Competence Assurance Act 2003

FIFTH: Amendments to Accident Insurance Act 1998 for transitional purposes




                                  Schedule 5           s 175(2)
 Amendments to Accident Insurance Act 1998 for transitional purposes

Accident Insurance Act 1998
(1998 No 114)
Repeal the definitions of chiropractor, dental
technician, dentist, laboratory technician,
nurse, occupational therapist,
optometrist, osteopath, physiotherapist,
podiatrist, registered health professional, and
registered medical practitioner in section 13(1).
Insert in section 13(1), in their appropriate alphabetical order:
"chiropractor   means a health practitioner who---

      "(a)  is, or is deemed to be, registered with the Chiropractic Board
continued by section 114(1)(a) of the Health Practitioners Competence Assurance
Act 2003
as a practitioner of the profession of chiropractic; and

      "(b)  holds a current practising certificate

"dental technician   means a health practitioner who---

      "(a)  is, or is deemed to be, registered with the Dental Council
established by section 114(2) of the Health Practitioners
Competence Assurance Act 2003 as a practitioner of the profession of dental
technology; and

      "(b)  holds a current practising certificate

"dentist   means a health practitioner who---

      "(a)  is, or is deemed to be, registered with the Dental Council
established by section 114(2) of the Health Practitioners Competence Assurance
Act 2003 as a
practitioner of the profession of dentistry; and

      "(b)  holds a current practising certificate

"health practitioner---

      "(a)  means a person who is, or is deemed to be, registered with an
authority established or continued by section 114 of the Health Practitioners
Competence
Assurance Act 2003 as a practitioner of a particular health profession; but

      "(b)  in relation to that health profession and to any purpose stated in
a relevant notice under section 322A of the Injury Prevention, Rehabilitation,
and Compensation Act 2001, does not include a person who, for that purpose, is
declared not to be a health practitioner.

"medical laboratory technologist   means a health practitioner who---

      "(a)  is, or is deemed to be, registered with the Medical Laboratory
Science Board continued by section 114(1)(a) of the Health Practitioners
Competence
Assurance Act 2003 as a practitioner of the profession of medical laboratory
science; and

      "(b)  holds a current practising certificate

"medical practitioner   means a health practitioner who---

      "(a)  is, or is deemed to be, registered with the Medical Council of New
Zealand continued by section 114(1)(a) of the Health Practitioners Competence
Assurance
Act 2003 as a practitioner of the profession of medicine; and

      "(b)  holds a current practising certificate

"medical radiation technologist   means a health practitioner who---

      "(a)  is, or is deemed to be, registered with the Medical Radiation
Technologists Board continued by section 114(1)(a) of the Health Practitioners
Competence Assurance Act 2003 as a practitioner of the profession of medical
radiation technology; and

      "(b)  holds a current practising certificate

"midwife   means a health practitioner who---

      "(a)  is, or is deemed to be, registered with the Midwifery Council
established by section 114(3) of the Health Practitioners Competence Assurance
Act 2003 as
a practitioner of the profession of midwifery; and

      "(b)  holds a current practising certificate

"nurse   means a health practitioner who---

      "(a)  is, or is deemed to be, registered with the Nursing Council of New
Zealand continued by section 114(1)(a) of the Health Practitioners Competence
Assurance
Act 2003 as a practitioner of the profession of nursing whose scope of practice
permits the performance of general nursing functions; and

      "(b)  holds a current practising certificate

"occupational therapist   means a health practitioner who---

      "(a)  is, or is deemed to be, registered with the Occupational Therapy
Board continued by section 114(1)(a) of the Health Practitioners Competence
Assurance
Act 2003 as a practitioner of the profession of occupational therapy; and

      "(b)  holds a current practising certificate

"optometrist   means a health practitioner who---

      "(a)  is, or is deemed to be, registered with the Optometrists and
Dispensing Opticians Board continued by section 114(1)(a) of the Health
Practitioners
Competence Assurance Act 2003 as a practitioner of the profession of optometry;
and

      "(b)  holds a current practising certificate

"osteopath   means a health practitioner who---

      "(a)  is, or is deemed to be, registered with the Osteopathic Council
established by section 114(4) of the Health Practitioners Competence Assurance
Act 2003 as a practitioner of the profession of osteopathy; and

      "(b)  holds a current practising certificate
pharmacist   means a health practitioner who---

      "(a)  is, or is deemed to be, registered with the Pharmacy Council
established by section 114(5) of the Health Practitioners Competence Assurance
Act 2003 as
a practitioner of the profession of pharmacy; and

      "(b)  holds a current practising certificate
physiotherapist   means a health practitioner who---

      (a)  is, or is deemed to be, registered with the Physiotherapy Board
continued by section 114(1)(a) of the Health Practitioners Competence Assurance
Act 2003 as a practitioner of the profession of physiotherapy; and

      "(b)  holds a current practising certificate

"podiatrist   means a health practitioner who---

      "(a)  is, or is deemed to be, registered with the Podiatrists Board
continued by section 114(1)(a) of the Health Practitioners Competence Assurance
Act 2003 as
a practitioner of the profession of podiatry; and

      "(b)  holds a current practising certificate

"practising certificate   means an annual practising certificate issued by the
relevant authority
under section 26(3) or section 29(4) of the Health Practitioners Competence
Assurance Act 2003
registered health professional---

      "(a)  means a chiropractor, dental technician, dentist, medical
laboratory technologist, medical practitioner, medical radiation technologist,
midwife, nurse, occupational therapist, optometrist, pharmacist,
physiotherapist, or podiatrist; and

      "(b)  includes any person referred to in paragraph (a) who holds an
interim practising certificate but only when acting in accordance with any
conditions of such interim certificate".

Omit from the definition of treatment provider in section
13(1) the word "registered".

Omit from sections 14(2)(c) and (d), 45(1)(a), and 84(2)(a) the word
"registered" wherever it occurs.

Repeal section 98 and substitute:

    "98 Medical assessor

  "(1)  A medical assessment must be undertaken by a medical practitioner who
is described in subsection (2) or subsection (3).

  "(2)  A medical practitioner who provides general medical services must---

      "(a)  have an interest, and proven work experience, in disability
management in the workplace or in occupational rehabilitation; and

      "(b)  have at least 5 years experience in general practice; and

      "(c)  meet at least 1 of the following criteria:

          "(i)     be a fellow of the Royal New Zealand College of General
Practitioners or hold an equivalent qualification:

          "(ii)    be undertaking training towards attaining fellowship of the
Royal New Zealand College of General Practitioners or an equivalent
qualification:

          "(iii)   have undertaken relevant advanced training.

  "(3)  A medical practitioner who does not provide general medical services
must---

      "(a)  have an interest, and proven work experience, in disability
management in the workplace or in occupational rehabilitation; and

      "(b)  be a member of a recognised college."

Omit from clauses 42(1)(b), 59(1)(a) and (b), and 61(3) and (5) of
Schedule 1 the word "registered".

Repeal so much of Schedule 7 as relates to the Medical Practitioners Act
1995.

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