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Health Practitioners Competence Assurance Act 2003

3: Competence, fitness to practise, and quality assurance

38   Orders concerning competence

    38 Orders concerning competence

  (1)  If, after conducting a review under section 36, the authority has reason
to believe that a health practitioner fails to meet the required standard of
competence, the authority
 must make 1 or more of the following orders:

      (a)  that the health practitioner undertake a competence programme:

      (b)  that 1 or more conditions be included in the health practitioner's
scope of practice:

      (c)  that the health practitioner sit an examination or undertake an
assessment specified in the order:

      (d)  that the health practitioner be counselled or assisted by 1 or more
nominated persons.

  (2)  If the authority is unable to conduct or complete a review of a health
practitioner under section 36 because of the health practitioner's
failure to respond adequately to a notice under section 37, the authority has,
for the purposes of subsection (1), reason to believe that the health
practitioner fails to meet the required standard of competence.

  (3)  The Registrar of the authority must ensure that, after the making of an
order under subsection (1),---

      (a)  a copy of the order is given within 5 working days after the making
of the order to---

          (i)     the health practitioner concerned; and

          (ii)    any employer of the practitioner; and

          (iii)   any person who works in partnership or association with the
practitioner; and

      (b)  all administrative steps are taken to give effect to the order.

  (4)  An order made under subsection (1) takes effect on a date stated in the
order, which, if the order is sent to the health practitioner by post, may not
be earlier than 4 days after it is posted.
Compare: 1995 No 95 s 61

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