1138

NEW ZEALAND GAZETTE

No. 40

2.2 Referral Guidelines
Both parties will take into account the Referral Guidelines.

2.3 Relationship between the Maternity Facility and the Practitioner
The relationship between the Maternity Facility and the Practitioner gives the Practitioner access to the Maternity Facility upon these terms and conditions and is not to be construed as one of employment or a contract for service by the Practitioner. The Maternity Facility shall not inquire into or specify matters relating to the operation or administration of the Practitioner’s practice.

2.4 Policies & procedures
All relevant administrative policies of the Maternity Facility are to be available to the Practitioner in the facility. Any clinical policies will be developed and agreed by both the Maternity Facility and the Practitioner (or by a representative of the Practitioner’s professional organisation).

2.5 Complaints management
2.5.1 Where a woman has identified an issue as a complaint, the party receiving the complaint will advise the woman of the appropriate avenues for complaint.

2.5.2 If both parties to this Access Agreement share responsibility for the service complained about then, with the consent of the woman, the party who receives the complaint shall discuss the issue with the other party.

2.6 Dispute management
2.6.1 If any issue arises between the Practitioner and the Maternity Facility in relation to interpretation, obligation or compliance by either party to the terms of this Access Agreement, the Practitioner and the Maternity Facility shall use their best endeavours to settle the dispute by agreement. Any review of any issue needs to apply a process that is mutually agreed by both parties.

2.6.2 The relevant professional organisation should be considered as a resource in preventing or managing any dispute.

2.7 Suspension
2.7.1 The General Manager of the Maternity Facility shall have the right and complete discretion to immediately suspend access by the Practitioner to the Maternity Facility in the event of a serious complaint being made of gross misconduct, negligence, or a substantial or repeated breach of this Agreement.

2.7.2 Within 48 hours of the suspension, the Maternity Facility will provide the Practitioner with written reasons for the suspension.

2.7.3 Management of the suspension is then to follow clause 2.6 of this Access Agreement.

3.0 OBLIGATIONS OF THE PRACTITIONER

3.1 Professional responsibilities
The Practitioner accepts that s/he is fully accountable for his/her own professional practice. The Practitioner will participate in a Professional Review Process. The Practitioner will explain to the woman the relationship between the self-employed Practitioner and the Maternity Facility.

3.2 Compliance with Statutes and Regulations
The Practitioner undertakes and agrees to comply with all relevant statutes and regulations on the provision of healthcare.

3.3 Qualifications
3.3.1 The Practitioner shall at all times maintain the following qualifications:
(a) be vocationally registered as an Obstetrician in the register of medical practitioners maintained by the Medical Council of New Zealand and hold a current annual practising certificate issued by that Council;
(b) be vocationally registered as a General Practitioner in the register of medical practitioners maintained by the Medical Council of New Zealand and hold a current annual practising certificate issued by that Council and have a Diploma in Obstetrics (or equivalent, as determined by the New Zealand College of General Practitioners); or
(c) be a Midwife whose name is included in the register maintained by the Nursing Council of New Zealand and hold a current annual practising certificate issued by that Council.

3.3.2 The Practitioner will inform the Maternity Facility of any change in his/her practising status or any conditions attached to his/her practising certificate.