Health Act 1993
69CEO may make interim or emergency decision on scope
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69 CEO may make interim or emergency decision on scope of clinical practice (1) If the CEO of a health facility has concerns about a practitioner for a health facility of sufficient seriousness to warrant the immediate amendment or withdrawal of the scope of clinical practice of the practitioner, the CEO may, by notice in writing, amend or withdraw the scope of clinical practice of the practitioner with immediate effect. (2) The CEO may take action under subsection (1) even if a scope of clinical practice committee has not reported on, or is not currently investigating, the scope of clinical practice of the practitioner. (3) Any amendment or withdrawal of the scope of clinical practice of a practitioner under this section has effect from the day and time the notice is given to the practitioner— (a) if a scope of clinical practice report is prepared under section 67 in relation to the practitioner—until a decision on the scope of clinical practice report takes effect under section 71; or (b) in any other case—until the CEO, by notice in writing, revokes the amendment or withdrawal.
(4) Subsection (5) applies if— (a) the CEO amends or withdraws the scope of clinical practice of a practitioner under subsection (1); and (b) the scope of clinical practice of the practitioner is not the subject of an investigation by a scope of clinical practice committee. (5) The CEO must immediately refer the scope of clinical practice of the practitioner to a scope of clinical practice committee. (6) If the CEO amends or withdraws the scope of clinical practice of a practitioner under subsection (1), the CEO must, in writing, notify— (a) the practitioner; and (b) if the CEO is not the director-general—the director-general; and (c) the relevant health board for the practitioner; and (d) the health services commissioner; and (e) the CEO of any other health facility at which the practitioner is engaged; and (f) if a scope of clinical practice committee submitted a report about the practitioner under section 68 to the CEO—the scope of clinical practice committee that submitted the report; and (g) all appropriate officers under the CEO’s authority or direction of the committee’s decision so that proper effect can be given to the decision. Examples—appropriate officers • general manager of the health facility • clinical unit director • head of department at health facility • immediate supervisor of practitioner • human resource personnel