Health Practitioners Competence Assurance Act 2003

AS Van Wey (Account suspended) made this Official Information request to Ministry of Health

The request was successful.

From: AS Van Wey (Account suspended)

Dear Ministry of Health,

I am a NZ Citizen.

According to the NZ Legislation website, the MOH is the administering agency for the Health Practitioners Competence Assurance Act 2003.

Section 7 of the HPCA Act states is titled Unqualified person must not claim to be health practitioner, and states.

(1) A person may only use names, words, titles, initials, abbreviations, or descriptions stating or implying that the person is a health practitioner of a particular kind if the person is registered, and is qualified to be registered, as a health practitioner of that kind.
(2) No person may claim to be practising a profession as a health practitioner of a particular kind or state or do anything that is calculated to suggest that the person practises or is willing to practise a profession as a health practitioner of that kind unless the person—
(a) is a health practitioner of that kind; and
(b) holds a current practising certificate as a health practitioner of that kind.
(3) No person may make an express or implied statement about another person that the other person is prohibited by subsection (1) or subsection (2) from making about himself or herself.
(4) Subsection (2) does not prohibit a person from stating his or her willingness to practise a profession for the purposes of seeking employment if the person is, or would on obtaining that employment be, qualified to be registered as a health practitioner of that profession and to hold a current practising certificate as a health practitioner of that profession.
(5) Every person commits an offence punishable on conviction by a fine not exceeding $10,000 who contravenes this section.

I request information as to who has the statutory authority and obligation for investigating and bring charges of the offence described under section 7 of the act. I am not seeking legal advice, only documentation.

Thank you.
AS Van Wey

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Kia ora,  

  

Thank you for your request for official information. The reference number
for your request is: H2022015001.  

  

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Ngā mihi 

  

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------------------- Original Message -------------------
From: AS Van Wey <[FOI #20894 email]>;
Received: Tue Oct 18 2022 02:17:46 GMT+1300 (New Zealand Daylight Time)
To: OIA Requests <[email address]>; OIA <[email address]>;
Subject: Official Information request - Health Practitioners Competence
Assurance Act 2003

Dear Ministry of Health,

I am a NZ Citizen.

According to the NZ Legislation website, the MOH is the administering
agency for the Health Practitioners Competence Assurance Act 2003.

Section 7 of the HPCA Act states is titled Unqualified person must not
claim to be health practitioner, and states.

(1) A person may only use names, words, titles, initials, abbreviations,
or descriptions stating or implying that the person is a health
practitioner of a particular kind if the person is registered, and is
qualified to be registered, as a health practitioner of that kind.
(2) No person may claim to be practising a profession as a health
practitioner of a particular kind or state or do anything that is
calculated to suggest that the person practises or is willing to practise
a profession as a health practitioner of that kind unless the person—
(a) is a health practitioner of that kind; and
(b) holds a current practising certificate as a health practitioner of
that kind.
(3) No person may make an express or implied statement about another
person that the other person is prohibited by subsection (1) or subsection
(2) from making about himself or herself.
(4) Subsection (2) does not prohibit a person from stating his or her
willingness to practise a profession for the purposes of seeking
employment if the person is, or would on obtaining that employment be,
qualified to be registered as a health practitioner of that profession and
to hold a current practising certificate as a health practitioner of that
profession.
(5) Every person commits an offence punishable on conviction by a fine not
exceeding $10,000 who contravenes this section.

I request information as to who has the statutory authority and
obligation  for investigating and bring charges of the offence described
under section 7 of the act. I am not seeking legal advice, only
documentation.

Thank you.
AS Van Wey

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Kia ora
Please find attached a letter regarding your request for information

Ngā mihi 

  

OIA Services Team

Manatū Hauora | Ministry of Health

M[1]inistry of Health information releases 
U[2]nite against COVID-19 

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Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
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