Health Practitioners Competence Assurance Act 2003

3: Competence, fitness to practise, and quality assurance

50 Restrictions may be imposed in case of inability to perform required functions




    50 Restrictions may be imposed in case of inability to perform required
functions

  (1)  Subsection (2) applies if a health practitioner has been given a notice
under section 49; and

      (a)  either---

          (i)     the health practitioner has not, by the time specified in the
notice, submitted himself or herself for examination or testing by the medical
practitioner named in the notice; or

          (ii)    the Registrar of the responsible authority has received a
written report in respect of the health practitioner from the medical
practitioner named in the notice; and

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

  (2)  The authority must consider the report (if any) and all the relevant
circumstances of the case.

  (3)  The authority may order that the health practitioner's registration be
suspended if the authority has considered the case of the health
practitioner and the authority is satisfied that---

      (a)  the health practitioner is unable to perform the functions required
for the practice of his or her profession because of some mental or physical
condition; or

      (b)  the health practitioner has not submitted himself or herself for
examination or testing in accordance with a notice under section
49.

  (4)  The authority may order that conditions be included in the
practitioner's scope of practice if the authority has considered the case
of the practitioner and the authority is satisfied that the practitioner is
able to perform the functions required for the practice of his or her
profession, but only if those conditions are observed.

  (5)  Every order made under subsection (3) or subsection (4) must---

      (a)  be in writing; and

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

      (c)  be signed by the chairperson of the authority or by a person
authorised by the chairperson.

  (6)  The Registrar of the authority must ensure that, after an order under
subsection (3) or subsection (4) is made,---

      (a)  a copy of the order is given to the health practitioner concerned
within 5 working days after the making of the order; and

      (b)  all administrative steps are taken to give effect to the order.

  (7)  An order made under subsection (3) or subsection (4) takes effect from
the day on which a copy of the order is given under subsection (6) to the
health
practitioner concerned, or a later date specified in the order.
Compare: 1995 No 95 s 81
Previous - Contents - Next