15 SEPTEMBER 2004 NEW ZEALAND GAZETTE, No. 120 2895

Introduction

Health Practitioners Competence Assurance Act 2003

The Health Practitioners Competence Assurance Act (HPCAA) 2003 was passed by Parliament on 11 September 2003 and received the Royal assent on 18 September 2003. It comes into force on 18 September 2004.

The HPCAA is intended to provide a framework for the regulation of health practitioners in order to protect public health and safety. The objective of the HPCAA is to provide a single framework covering a diverse range of health professional occupational groups. When fully in force in September 2004, the HPCAA repeals 11 occupational statutes governing 13 professions and establishes 15 responsible authorities to assume new and extended responsibilities under the HPCAA. All 15 authorities are represented in this New Zealand Gazette Supplement.

Further information on the HPCAA can be found at www.moh.govt.nz/hpca

Scopes of Practice and Related Qualifications

A key concept under the HPCAA is that of a "scope of practice". The HPCAA requires each responsible authority under the Act to describe the profession it regulates in terms of 1 or more scopes of practice and to prescribe the qualifications that a practitioner needs in order to be eligible to be registered in a scope of practice.

From 18 September 2004 all health practitioners registered under the HPCAA must be registered in a specific scope of practice. Registered health practitioners will not be permitted to practise outside their scopes of practice, and responsible authorities will be required to certify that a practitioner is competent to practise in their scope of practice when they issue annual practising certificates to individual practitioners. Only health practitioners who are registered under the HPCAA will be able to use the title of a relevant scope of practice.

Sections 11 and 12 of the HPCAA require all decisions taken by responsible authorities on scopes of practice and the requisite qualifications to be gazetted. This Supplement contains these decisions.

Registration of Health Practitioners under the Trans-Tasman Mutual Recognition Act 1997

To be eligible for registration under the HPCAA a New Zealand health practitioner must prove that he or she meets the qualification requirements prescribed by the relevant authority. For practitioners with existing registration in Australia, the Trans-Tasman Mutual Recognition Act 1997 applies. With the exception of medical practitioners, a practitioner registered in Australia in an equivalent profession to that regulated by a responsible authority under the HPCAA is entitled to be registered by the New Zealand authority.

While the qualifications held by the Australian-registered practitioner are not crucial to registration, the qualifications may be considered by the relevant New Zealand registration authority when considering if any conditions should be attached to a practitioner’s registration or when deciding the relevant scope of practice for the practitioner applying to practice in New Zealand. Similarly, the right to be registered does not limit the ability of any responsible authority to impose conditions on the practice of that practitioner (including participation in a competence programme).