Health Practitioners Competence Assurance Act 2003

3: Competence, fitness to practise, and quality assurance

45 Notification of inability to perform required functions due to mental or physical condition



Inability to perform required functions

    45 Notification of inability to perform required functions due to mental or
physical condition

  (1)  Subsection (2) applies to a person who---

      (a)  is in charge of an organisation that provides health services; or

      (b)  is a health practitioner; or

      (c)  is an employer of health practitioners; or

      (d)  is a medical officer of health.

  (2)  If a person to whom this subsection applies has reason to believe that a
health practitioner is unable to perform the functions required for the
practice of his or her profession because of some mental or physical condition,
the person must promptly give the Registrar of the responsible authority
written notice of all the circumstances.

  (3)  If any person has reason to believe that a health practitioner is unable
to perform the functions required for the practice of his or her profession
because of some mental or physical condition, the person may give the Registrar
written notice of the matter.

  (4)  Subsection (5) applies to a person in charge of an educational programme
in New Zealand that includes or consists of a course of study or training (a
course) that is a prescribed qualification for a scope of
practice of a health profession.

  (5)  If a person to whom this subsection applies has reason to believe that a
student who is completing a course would be unable to perform the functions
required for the practice of the relevant profession because of some mental or
physical condition, the person must promptly give the Registrar of the
responsible authority written notice of all the circumstances.

  (6) No civil or disciplinary proceedings lie against any person in respect of
a notice given under this section by that person, unless the person has acted
in bad faith.
Compare: 1995 No 95 s 76

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