Health Practitioners Competence Assurance Act 2003

3: Competence, fitness to practise, and quality assurance

49 Power to order medical examination




    49 Power to order medical examination

  (1)  If the responsible authority considers (whether or not as a result of a
notice given under section 45 or of a recommendation made under section 79)
that a 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, the authority may, by notice given to the health practitioner,
require him or her to submit himself or herself for examination or testing by a
medical practitioner at the expense of the authority.

  (2)  Every notice given under this section must---

      (a)  specify---

          (i)     the mental or physical condition that may make the health
practitioner unable to perform the functions required for the practice of his
or her
profession; and

          (ii)    the name and address of the medical practitioner who is to
conduct the examination or test; and

          (iii)   a date by which the examination or test is to be conducted,
being a date that is not less than 5 working days after the date on which the
notice is given to the health practitioner, to submit himself or herself for
examination or testing; and

      (b)  be signed by the Registrar.

  (3)  Before giving a notice under this section, the authority must endeavour
to consult with the health practitioner about the medical practitioner who is
to
conduct the examination or test.

  (4)  A health practitioner who is required by a notice given under this
section to submit himself or herself for examination or testing by a medical
practitioner may have another person chosen by him or her attend the
examination or testing as an observer.

  (5)  A medical practitioner who conducts an examination or test under this
section may consult any other health practitioner who the medical practitioner
considers is able to assist in the completion of the examination or test.

  (6)  When a medical practitioner has examined or tested a health practitioner
under this section, he or she must, as soon as reasonably practicable after the
examination or test, make a written report to the Registrar of the responsible
authority on whether or not the practitioner has the mental or physical
condition stated under subsection (2) and, if that is the case, the extent, if
any, to which that condition affects the practitioner's ability to
perform the functions required for the practice of his or her profession.

  (7)  The Registrar must, promptly after receiving a report under subsection
(6), send a copy to the health practitioner to whom the report
relates.
Compare: 1995 No 95 s 80
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