Health Practitioners Competence Assurance Act 2003

4: Complaints and discipline

69 Interim suspension of practising certificate pending prosecution or investigation




    69 Interim suspension of practising certificate pending prosecution or
investigation

  (1)  This section applies if a practitioner is alleged to have engaged in
conduct that---

      (a)  is relevant to---

          (i)     a criminal proceeding that is pending against the
practitioner; or

          (ii)    an investigation about the practitioner that is pending under
the Health and Disability Commissioner Act 1994 or under this Act; and

      (b)  in the opinion of the responsible authority held on reasonable
grounds, casts doubt on the appropriateness of the practitioner's conduct in
his
or her professional capacity.

  (2)  If this section applies, the responsible authority may order that---

      (a)  the practising certificate of the health practitioner be suspended;
or

      (b)  1 or more conditions be included in the health practitioner's scope
of practice.

  (3)  The authority may not make an order under subsection (2) unless it has
first---

      (a)  informed the health practitioner concerned why it may make an order
under that subsection in respect of the health practitioner; and

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

  (4)  The authority must revoke an order under subsection (2) as soon as
practicable after---

      (a)  the authority is satisfied that the appropriateness of the
practitioner's conduct in his or her professional capacity is no longer
in doubt; or

      (b)  the criminal proceeding on which the practitioner's suspension is
based is disposed of otherwise than by his or her conviction; or

      (c)  if the criminal proceeding on which the practitioner's suspension is
based results in his or her conviction, the authority is satisfied that no
disciplinary action is to be taken or continued in respect of that conviction
under the Health and Disability Commissioner Act 1994 or under this Act;
or

      (d)  if the investigation on which the practitioner's suspension is based
has been completed, the authority is satisfied that the practitioner will not
be charged as a result of the investigation.

  (5)  An order under subsection (2) or subsection (4) takes effect
immediately, and the authority must ensure that the practitioner is notified as
soon as
practicable.
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