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Health Practitioners Competence Assurance Act 2003

3: Competence, fitness to practise, and quality assurance

43   Unsatisfactory results of competence programme or recertification programme

    43 Unsatisfactory results of competence programme or recertification

  (1)  If a health practitioner who is required to complete a competence
programme or a recertification programme does not satisfy the requirements of
the programme, the responsible authority may make either of the following

      (a)  that 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:

      (b)  that the practitioner's registration be suspended.

  (2)  If the authority proposes to make an order under subsection (1), it must
give to the health practitioner concerned---

      (a)  a notice stating---

          (i)     why the authority proposes to make the order; and

          (ii)    that he or she has a reasonable opportunity to make written
submissions and to be heard on the matter, either personally or by his or her
representative; and

      (b)  a copy of any information on which the authority is relying in
proposing to make the order.

  (3)  The notice under subsection (2)(a)(i) must contain sufficient detail to
inform the person clearly of the particular grounds for the proposal to make
the order.

  (4)  Any order made under subsection (1) remains in effect until the health
practitioner concerned has satisfied all the requirements of the
competence programme or, as the case requires, the recertification programme,
and for that purpose the authority may, on the application of the
practitioner, extend the period within which the practitioner is required to
satisfy those requirements.

  (5)  The failure of a health practitioner to satisfy the requirements of any
competence programme or recertification programme that applies to the health
practitioner is not, of itself, a ground for taking disciplinary action under
Part 4 against that health practitioner.

  (6)  Subsection (2)(b) is subject to section 154.
Compare: 1995 No 95 s 64

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