How do we determine if statutory regulation is the most appropriate way to regulate health professions? Discussion document

How do we determine if statutory regulation is the most appropriate way to regulate health professions?

Discussion document

Download this publication

How do we determine if statutory regulation is the most appropriate way to regulate health professions? Discussion document (PDF, 108 KB)

Publishing Information

Date of Publication: January 2010

ISBN: 978-0-478-33999-4 (online)

HP: 5041

Citation: Ministry of Health. 2010. How do we determine if statutory regulation is the most appropriate way to regulate health professions? Discussion document. Wellington: Ministry of Health.

Submissions close 5 March 2010.

Summary

The Health Practitioners Competence Assurance Act 2003 (the Act) came into force in September 2004. The Act provides a framework for regulating health professions to ensure the public is protected from harm when receiving health services. The Act currently regulates 21 health professions.

Section 115 of the Act allows the Minister of Health (the Minister) to recommend additional health services for inclusion under the Act. Before such a recommendation is made, the Minister must be satisfied under section 116 that the services pose a risk of harm to the public or it is otherwise in the public interest to regulate them.

The Director-General of Health (the Director-General) recently completed a review of the operation of the Act. Concerns were raised during the review that New Zealand has ‘a proliferation of registration authorities’. The Director-General therefore recommended that the Ministry of Health (the Ministry) review the criteria it uses to advise the Minister whether regulation is justified.

The purpose of this discussion document is to:

outline the policy principles that are relevant to regulating health professions
discuss the Ministry’s current criteria for regulation and those used in similar jurisdictions
propose revised criteria to assist the Ministry in advising the Minister whether a profession ‘poses a risk of harm’ or ‘it is otherwise in the public interest’ to regulate that profession.

How to have your say

You are invited to submit comments on the proposed criteria detailed in this document. In particular, it would be helpful to receive your response to all or any of the specific questions listed in section 13. Your submissions should be addressed to:

Allison Sutherland
Strategic Workforce Development Unit
Ministry of Health
PO Box 5013
WELLINGTON

Please note that all correspondence and submissions on this matter may be subject to a request under the Official Information Act 1982. If there is any part of your correspondence you think should be withheld under the Act, please include comment to that effect and give reasons why you want it to be withheld.

Submissions close 5 March 2010.