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Health Practitioners Competence Assurance Act 2003

3: Competence, fitness to practise, and quality assurance

36   When authority may review health practitioner's competence

    36 When authority may review health practitioner's competence

  (1)  Promptly after receiving a notice of the kind described in subsection
(2), an authority must make inquiries into, and may review, the competence of a
health practitioner who is registered with the authority and who holds a
current practising certificate.

  (2)  The notices referred to in subsection (1) are---

      (a)  a notice of a professional conduct committee's recommendation under
section 80(2)(a) or section 79(b), so far as that recommendation relates to
competence; or

      (b)  a notice given under section 34.

  (3)  Subsection (1) does not apply if the authority has reason to believe
that a notice given under section 34 by a health practitioner is
frivolous or vexatious.

  (4)  The responsible authority may at any time review the competence of a
practitioner who holds a current practising certificate, whether or
not---

      (a)  there is reason to believe that the practitioner's competence may be
deficient; or

      (b)  the authority receives a notice of the kind described in subsection
(2).

  (5)  In conducting a review under this section, the authority must consider
whether, in the authority's opinion, the health practitioner's
practice of the profession meets the required standard of competence.
Compare: 1995 No 95 s 60

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