Appendix 1
Candidate Information on the Terms and Conditions of
Appointment to the
Chinese Medicine Council of New Zealand
Health Practitioners Competence Assurance (HPCA) Act 2003
Introduction
This document provides information for prospective members of the Chinese Medicine
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Council of New Zealand (the CMCNZ). It sets out the:
• role and functions of the CMCNZ
• composition of the CMCNZ
• terms and conditions of appointment; and
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• duties and responsibilities of a member.
The Role of Responsible Authorities in Regulating Professions
Consumers do not always have enough knowledge to make an informed decision whether
Chinese medicine practitioners are competent to carry out their profession. This can be a
matter of concern when the actions of an incompetent practitioner may impact on the health
and safety of consumers. Regulation of a profession is one way of providing consumers with
information on a practitioner’s competence. It ensures that only practitioners who have
demonstrated that they meet the minimum standards for entry to a profession can use a
particular protected title.
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A wide range of health and disability sector professions are regulated through legislation to
protect the consumers of health services. The HPCA Act establishes responsible authorities
for the purposes of determining the competencies required for safe practice and registering
practitioners who demonstrate they possess these competencies. The CMCNZ is one such
responsible authority.
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Individuals appointed to the CMCNZ have a range of experience, from first-time appointees
with little or no experience as a member of such authorities to members with extensive
experience. The CMCNZ draws considerable benefits from having a diverse membership
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with a range of skil s, attributes, and experience.
Functions of the CMCNZ
The CMCNZ is an independent statutory authority established under section 114 of the
HPCA Act. The purpose of the Act is to protect the health and safety of members of the
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public by providing mechanisms to ensure that health practitioners are competent and fit to
practise their professions.
The status and functions of the CMCNZ are set out in sections 117 to 119 of the HPCA Act.
As they relate to the CMCNZ, these functions are to:
•
prescribe the qualification required for scopes of practice within the profession, and, for
that purpose, to accredit and monitor educational institutions and degrees, courses of
studies, or programmes
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•
authorise the registration of Chinese medicine practitioners under this Act, and to maintain
registers
•
consider applications for annual practising certificates
•
review and promote the competence of Chinese medicine practitioners
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• recognise, accredit, and set programmes to ensure the ongoing competence of Chinese
medicine practitioners
• receive and act on information from any person about the competence of Chinese
medicine practitioners and, if it is appropriate to do so, act on that information
• notify employers, the Accident Compensation Corporation, the Director-General of
Health, and the Health and Disability Commissioner that the practice of Chinese medicine
practitioners may pose a risk of harm to the public
• consider the case of Chinese medicine practitioners who may be unable to perform the
functions required for the practice of the profession
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• set standards of clinical competence, cultural competence (including competencies that
wil enable effective and respectful interaction with Māori), and ethical conduct to be
observed by Chinese medicine practitioners
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• liaise with other authorities appointed under this Act about matters of common interest
• promote and facilitate inter-disciplinary collaboration and co-operation in the delivery of
health services
• promote education and training in the profession
• promote public awareness of the responsibilities of the authority
• exercise and perform any other functions, powers, and duties that are conferred or
imposed on it by or under this Act or any other enactment.
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Composition of the CMCNZ
The HPCA Act states in section 120(2) that the CMCNZ wil comprise a majority of members
who are health practitioners and two laypersons (if the CMCNZ has eight or fewer members)
or three laypersons (if the CMCNZ has nine or more members).
Individuals appointed to the CMCNZ include laypersons and health practitioners who
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practise Chinese medicine, such as acupuncture, herbal medicine, and Tui na massage.
Future additions to the workforce wil be determined by CMCNZ.
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Consumer Constituency
The consumer constituency of the CMCNZ includes people who use Chinese medicine
services and those with an interest in the safety of the general public. Safe practices of
Chinese medicine practitioners are the paramount concern of the CMCNZ.
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Appointment as a Member of the CMCNZ
In making yourself available to be considered for appointment, please ensure:
• there is no conflict of interest which would preclude your appointment (eg, being an
Executive member of a related professional association); and
• you are available to serve for a term of of ice of up to three years.
As a member of the CMCNZ you wil be expected to follow the terms and conditions set out
below.
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Terms and Conditions of Appointment
CMCNZ members are appointed by the Minister of Health for a term of up to three years, by
notice in the Gazette. Members may be reappointed from time to time but may not be
appointed for more than nine consecutive years.
Members may decide not to continue office at any time, in which case if they must inform the
Minister of Health in writing.
The Act states that appointed members are considered to have vacated their office if they
die or are adjudged bankrupt under the Insolvency Act 1967. The Minister of Health may at
any time remove members from office on the grounds of:
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• inability to perform the duties of the office
• neglect of duty
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• misconduct, proved to the satisfaction of the Minister
• the member’s performance on the CMCNZ is inadequate (this requires the concurrence
of the CMCNZ, by notice given to the member).
Duties and Responsibilities of a Member
This section sets out the Minister of Health’s expectations regarding the duties and
responsibilities of a person appointed as a member of the CMCNZ. This is intended to aid
members of the CMCNZ by providing them with a common set of principles for appropriate
conduct and behaviour and serves to protect the CMCNZ and its members from being
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exposed to legal challenges.
As an independent statutory body the CMCNZ has an obligation to conduct its activities in an
open and ethical manner. The CMCNZ has a duty to operate in an effective manner within
the parameters of its functions as set out in section 118 of the HPCA Act.
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General
CMCNZ members are accountable to the Minister of Health (and through the Minister of
Health to the public of New Zealand) for ensuring that Chinese medicine practitioners are
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competent and safe in their practice. The functions of the CMCNZ, set out in section 118 of
the HPCA Act, provide the parameters within which the CMCNZ operates.
Members at end meetings and undertake CMCNZ activities as independent people
responsible to the CMCNZ as a whole and do not act as representatives of professional
organisations or interest groups. This is especially important because members may be
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party to decisions which conflict with the views of such other organisations.
Members are free to express their own views within the context of meetings but
must
publicly support a course of action decided, or, if unable to do that, must not publicly
comment on those decisions.
While it is not the role of members to represent any group (health profession or otherwise),
all members are expected to contribute equally to achieving the purpose of the CMCNZ; that
is, to protect the public and incorporate the perspectives of all members and sectors of the
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public and to ensure that decisions are responsive to the cultural diversity of New Zealand.
There is an expectation that CMCNZ members wil make every effort to attend all CMCNZ
meetings and devote sufficient time to become familiar with the affairs of the CMCNZ and
the wider environment within which it operates.
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CMCNZ members may also be required to serve on one or more CMCNZ committees or
working groups.
Legislation and Conflicts of Interest
It is important that CMCNZ members have a common understanding of their role as a
member in order that decisions can be reached within the spirit of the governing legislation,
namely, for the purpose of protecting the public through the regulation of Chinese medicine
practitioners.
Members wil be expected to become familiar with, and operate according to, the HPCA Act. 1982
In addition, members of the CMCNZ are expected to be familiar with, and operate according
to the:
• Principles of natural justice and administrative law
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• Health and Disability Commissioner Act 1994
• Health and Disability Services Code of Consumers’ Rights
• Health and Disability Services Act 1993
• Trans-Tasman Mutual Recognition Act 1997
• Privacy Act 1993
• Health Information Privacy Code 1994
• Treaty of Waitangi
• Human Rights Act 1993.
• Health and Safety at Work Act 2015
CMCNZ members should perform their functions in good faith, honestly, and impartially and
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avoid situations that might compromise their integrity or otherwise lead to conflicts of
interest. Proper observation of these principles wil protect the CMCNZ and its members
and
wil enable public confidence to be maintained.
When CMCNZ members believe they have a conflict of interest on a subject, which wil
prevent them from reaching an impartial decision or undertaking an activity consistent with
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the CMCNZ’s functions, then they must declare a conflict of interest and withdraw
themselves from the discussion and/or activity. The CMCNZ wil have a policy on how
conflicts of interest wil be identified and managed.
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Confidentiality
Meetings of the CMCNZ, including agenda material and minutes, are confidential. CMCNZ
members must ensure that the confidentiality of CMCNZ business is maintained.
At no time shall CMCNZ members individually divulge details of CMCNZ matters or
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decisions of the CMCNZ to people who are not CMCNZ members. Disclosure of CMCNZ
business to anyone outside the CMCNZ must be the decision of the CMCNZ, or between
meetings, at the discretion of the Chairperson of the CMCNZ, or in the case of commit ees,
the Chairperson of the Commit ee (if they have the delegated authority of the CMCNZ).
CMCNZ members must ensure that CMCNZ documents are kept secure to ensure the
confidentiality of CMCNZ work is maintained. Release of CMCNZ correspondence or papers
can only be made with the approval of the CMCNZ.
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Meetings of the CMCNZ
As the CMCNZ is just being established, it is expected that members wil have a heavy initial
workload and can expect to meet at least six times over the first year of appointment.
Otherwise it is anticipated the CMCNZ will meet formally four times a year. In addition,
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members may be required to participate on committees established to address specific
issues. It is estimated that members would spend an average of 7-15 days per year on
CMCNZ business, depending on the amount of Commit ee responsibilities, meeting
preparation and complaints issues.
Preparation prior to these meetings is required. In addition, commit ees and working parties
can also be established from time-to-time to address specific issues that require
representation from CMCNZ. These may require further face-to-face meetings and
teleconferences. In general, it is unlikely that the time commitment for CMCNZ would be
more than 16 days per year (unless serving as Chair).
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Accountability
When carrying out its functions the CMCNZ must follow the principles of natural justice and
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administrative law. The CMCNZ must act lawfully, that is, the CMCNZ can only act within the
limits of its powers set out in the HPCA Act. The CMCNZ must also act fairly when carrying
out its functions. Per section 119 of the HPCA Act,members may be held liable for anything
done or omit ed in bad faith or without reasonable care. Decisions of the CMCNZ can be
subject to judicial review.
In accordance with section 122A of the HPCA Act, responsible authorities are subject to five-
yearly, independent reviews of their performance (against a set of prescribed standards
which are based on the functions outlined in section 118 of the Act).
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Fees and Al owances
Al costs of regulating the Chinese medicine profession wil be borne by the profession
through fees charged by the new responsible authority.
Members of the CMCNZ are entitled to be paid fees for attendance at meetings. The
CMCNZ wil establish the fees paid to members. Members may be paid fees for preparation
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time at the discretion of the CMCNZ. It is anticipated the CMCNZ will pay for actual and
reasonable travel and accommodation expenses.
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More detailed information can be obtained from:
Steve Osborne (he/him)
Principal Advisor (Regulation of health professions)
Workforce Strategy and Policy
under
Health Workforce Policy and Insights
Health Workforce
Ministry of Health
Mobile: s 9(2)(a)
Email: [email address]
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Document Outline
