Medical Practitioners Act 1995

   109. Grounds on which medical practitioner may be disciplined--- (1)
 Subject to subsections (3) and (4) of this section, if the Tribunal,
 after conducting a hearing on a charge laid under section 102 of this
 Act against a medical practitioner, is satisfied that the
 practitioner---
   (a) Has been guilty of disgraceful conduct in a professional respect;
         or
   (b) Has been guilty of professional misconduct; or
   (c) Has been guilty of conduct unbecoming a medical practitioner, and
         that conduct reflects adversely on the practitioner's fitness to
         practise medicine; or
   (d) Has been convicted of any offence against the Health Act 1956, the
         Medicines Act 1981, the Misuse of Drugs Act 1975, the Accident
         Rehabilitation and Compensation Insurance Act 1992, the
         Contraception, Sterilisation, and Abortion Act 1977, the Births,
         Deaths, and Marriages Registration Act 1995, or the Coroners Act
         1988; or
   (e) Has been convicted by any court in New Zealand or elsewhere of any
         offence punishable by imprisonment for a term of 3 months or
         longer, and the circumstances of that offence reflect adversely
         on the practitioner's fitness to practise medicine; or
   (f) Has practised medicine outside the extent permitted by, or not in
         accordance with the conditions of, his or her registration or
         any practising certificate held by him or her; or
   (g) Has breached any order of the Tribunal made under section 110 of
         this Act,---
 the Tribunal may make any 1 or more of the orders authorised by section
 110 of this Act.

   (2) For the purposes of subsection (1) of this section, a medical
 practitioner is guilty of professional misconduct if that medical
 practitioner,---
   (a) Breaches section 11 of this Act; or
   (b) Being the holder of probationary registration, general
         registration, or vocational registration, practises medicine
         while not holding a current practising certificate.

   (3) The Tribunal shall not make an order under section 110 of this Act
 in respect of any offence for which a medical practitioner has been
 convicted before the date of the practitioner's registration if, at that
 date, the Council was aware of the conviction.

   (4) No person shall be found guilty of a disciplinary offence under
 this Part of this Act merely because that person has adopted and
 practised any theory of medicine or healing, if in doing so the person
 has acted honestly and in good faith.
     Cf. 1968, No. 46, s. 58 (1); 1983, No. 40, s. 9; 1988, No. 150, s.
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