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Health Practitioners Competence Assurance Act 2003

3: Competence, fitness to practise, and quality assurance

48   Interim suspension of practising certificate or inclusion of conditions in scope of practice in cases of suspected inability to perform required functions due to mental or physical condition




    48 Interim suspension of practising certificate or inclusion of conditions
in scope of practice in cases of suspected inability to perform required
functions due to mental or physical condition

  (1)  This section applies to a health practitioner if the authority considers
that the health practitioner may be unable to perform the functions required
for the practice of his or her profession because of some mental or physical
condition.

  (2)  If subsection (1) applies to a health practitioner, the responsible
authority may order that for a period of not more than 20 working days
from the date that a copy of the order is given to the health practitioner
under subsection (6)---

      (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 order that the period of an order made under
subsection (1) be extended by a further period of
not more than 20 working days if that extension is necessary for any
examination or testing required under section 49.

  (4)  The authority is not obliged to give the health practitioner notice that
the authority intends to make an order under this section.

  (5)  Every order made under this section must---

      (a)  be in writing; and

      (b)  contain a statement of the reasons on which it is based; and

      (c)  be signed by the Registrar.

  (6)  The Registrar must ensure that a copy of an order made under this
section is promptly given to the health practitioner concerned.
Compare: 1995 No 95 s 79

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