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Health Practitioners Competence Assurance Act 2003

3: Competence, fitness to practise, and quality assurance

39   Interim suspension of practising certificate or inclusion of conditions in scope of practice pending review or assessment

    39 Interim suspension of practising certificate or inclusion of conditions
in scope of practice pending review or assessment

  (1)  This subsection applies to a health practitioner if---

      (a)  the health practitioner has been, or is to be, reviewed under
section 36; and

      (b)  there are reasonable grounds for believing that the health
practitioner poses a risk of serious harm to the public by practising below the
required
standard of competence.

  (2)  If subsection (1) applies to a health practitioner, the responsible
authority may order that---

      (a)  the practising certificate of the health practitioner be suspended;
or

      (b)  the health practitioner's scope of practice be altered---

          (i)     by changing any health services that the practitioner is
permitted to perform; or

          (ii)    by including any condition or conditions that the authority
considers appropriate.

  (3)  The authority may not make an order under subsection (2) unless it has
first---

      (a)  informed the health practitioner concerned why it is considering
making the order; and

      (b)  given the health practitioner a reasonable opportunity to make
written submissions and be heard on the question, either personally or by his
or her
representative.

  (4)  An order made under subsection (2) takes effect from the day on which
the health practitioner receives a copy of the order or from any later date
stated
in the order.

  (5)  An order under subsection (2) ceases to have effect on the later of---

      (a)  the completion of the review; or

      (b)  the attainment of a pass in any examination or assessment specified
in the order under section 38(1)(c).

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