Health Practitioners Competence Assurance Act 2003

4: Complaints and discipline

100 Grounds on which health practitioner may be disciplined




    100 Grounds on which health practitioner may be disciplined

  (1)  The Tribunal may make any 1 or more of the orders authorised by section
101 if, after conducting a hearing on a charge laid under section 91
against a health practitioner, it makes 1 or more findings that---

      (a)  the practitioner has been guilty of professional misconduct because
of any act or omission that, in the judgment of the Tribunal, amounts to
malpractice
or negligence in relation to the scope of practice in respect of which the
practitioner was registered at the time that the conduct occurred; or

      (b)  the practitioner has been guilty of professional misconduct because
of any act or omission that, in the judgment of the Tribunal, has brought or
was
likely to bring discredit to the profession that the health practitioner
practised at the time that the conduct occurred; or

      (c)  the practitioner has been convicted of an offence that reflects
adversely on his or her fitness to practise; or

      (d)  the practitioner has practised his or her profession while not
holding a current practising certificate; or

      (e)  the practitioner has performed a health service that forms part of a
scope of practice of the profession in respect of which he or she is or was
registered without being permitted to perform that service by his or her scope
of practice; or

      (f)  the practitioner has failed to observe any conditions included in
the practitioner's scope of practice; or

      (g)  the practitioner has breached an order of the Tribunal under section
101.

  (2)  The Tribunal may make a finding under subsection (1)(c) only if the
conviction concerned---

      (a)  is for an offence against---

          (i)     the Births, Deaths, and Marriages Registration Act 1995; or

          (ii)    the Burial and Cremation Act 1964; or

          (iii)   the Contraception, Sterilisation, and Abortion Act 1977; or

          (iv)    the Coroners Act 1988; or

          (v)     the Health Act 1956; or

          (vi)    the Health and Disability Services (Safety) Act 2001; or

          (vii)   the Human Tissue Act 1964; or

          (viii)  the Injury Prevention, Rehabilitation, and Compensation Act
2001; or

          (ix)    the Medicines Act 1981; or

          (x)     the Mental Health (Compulsory Assessment and Treatment) Act
1992; or

          (xi)    the Misuse of Drugs Act 1975; or

          (xii)   the Radiation Protection Act 1965; or

          (xiii)  this Act; or

      (b)  has been entered by any court in New Zealand or elsewhere for an
offence punishable by imprisonment for a term of 3 months or longer.

  (3)  The Tribunal may not make an order under section 101 on the basis of a
finding under subsection (1)(c) if the responsible authority was aware of the
conviction concerned at the date of the practitioner's
registration.

  (4) No person may be found guilty of a disciplinary offence under this Part
merely because that person has adopted and practised any theory of medicine or
healing if, in doing so, the person has acted honestly and in good faith.
Compare: 1995 No 95 s 109
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