Health Practitioners Competence Assurance Act 2003

4: Complaints and discipline

80 Recommendations and determinations of professional conduct committee




    80 Recommendations and determinations of professional conduct committee

  (1)  Within 14 working days after completing its investigation into a matter
concerning a health practitioner, the committee must make---

      (a)  1 or more of the recommendations specified in subsection (2); or

      (b)  1 of the determinations specified in subsection (3); or

      (c)  both.

  (2)  The recommendations referred to in subsection (1)(a) are---

      (a)  that the authority review the competence of the health practitioner
to practise his or her profession:

      (b)  that the authority review the fitness of the health practitioner to
practise his or her profession:

      (c)  that the authority review the practitioner's scope of practice:

      (d)  that the authority refer the subject matter of the investigation to
the police:

      (e)  that the authority counsel the practitioner.

  (3)  The determinations referred to in subsection (1)(b) are---

      (a)  that no further steps be taken under this Act in relation to the
subject matter of the investigation:

      (b)  that a charge be brought against the health practitioner before the
Tribunal:

      (c)  in the case of a complaint, that the complaint be submitted to
conciliation.

  (4)  The committee may not make a recommendation or determination unless the
health practitioner concerned and any complainant has each been given a
reasonable opportunity to make written submissions and be heard on the matter
under investigation, either personally or by a representative; and for that
purpose the committee must give the health practitioner and the complainant
written notice of---

      (a)  the latest date by which the committee will receive written
submissions from the health practitioner and the complainant; and

      (b)  the date on which the committee will hear persons who are entitled
to be heard and wish to be heard.
Compare: 1995 No 95 s 92
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