Raising Concerns About a Practitioner
Under Section 34 of the Act if you, as a registered health practitioner, have concerns that a medical laboratory scientist or technician may pose a risk of harm to the public by practising below the required standard of competence, you may inform the Registrar of the Medical Sciences Council in writing including the reasons on which your belief is based.
Section 34 also requires an employer to immediately notify the Council whenever a registered medical laboratory scientist or technician resigns or is dismissed from his/her employment for reasons related to competence. Please note, the Council must receive such notification before that resignation or dismissal. The notification is to be addressed to the Registrar in writing and include the reasons for the resignation or dismissal.
Under Section 45 of the Act if you, as a registered health practitioner, or an employer, believe that a registered medical laboratory scientist or technician is unable to perform the functions required for the practice of medical laboratory science because of some mental or physical condition, you are obliged to promptly inform the Registrar in writing of all the circumstances.
In accordance with Section 67 of the Act a registrar of a New Zealand Court who knows that a person convicted in the court is a registered medical laboratory scientist or technician must send a notice of the conviction to the Medical Sciences Council if the conviction is an offence punishable by imprisonment for a term of 3 months or longer. The Council is obliged to refer all notifications under Section 67 to a professional conduct committee.
When concerns are raised about the competence of a registered medical laboratory scientist or a registered medical laboratory technician, the Council is compelled to make enquiries into that practitioner's competence and consider whether a review of competence is necessary.
A competence review is not disciplinary in nature. Rather, it is designed to protect the public by making an assessment in a collegial manner and to be educative for the practitioner concerned with a focus on assisting the practitioner to improve his/her standard of practise.
Competence reviews undertaken by the Council will be fair, constructive, supportive and educative.
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When concerns are raised about a practitioner's ability to perform his/her professional activities because of a mental or physical condition the Council is compelled to make enquiries into that practitioner's ability to work.
Any registered medical laboratory scientist or technician, who, because of a mental or physical condition cannot make safe judgments, demonstrate acceptable levels of competence or behave appropriately in accordance with ethical, legal and practice guidelines, may be the subject of an investigation by the Medical Sciences Council.
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The Act enables the Council to appoint a professional conduct committee (PCC) to investigate a complaint received by the Council alleging that the practise or conduct of a registered medical laboratory scientist or a medical laboratory technician may pose a risk of harm or serious harm to the public.
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