Raise a concern (employer)

When you employ a practitioner

Before you employ a health practitioner, you should check the Council’s register to verify:

  • that they are currently registered
  • the scope of practice they are registered in
  • that they hold a current annual practising certificate (APC)
  • whether there are any conditions or restrictions on their registration or practice.

You must ensure that your registered health practitioner employees retain their registration and always maintain a current APC. If they do not, you should stand them down immediately and notify the Medical Sciences Council at msc@medsci.co.nz.

Concerns about an employee

If you have concerns about their performance, you should contact the Council and seek advice.  You can do so either informally by phone or a formal notification, but before you do so, you may wish to consider:

  • was it an isolated issue or one-off incident, or does there appear to be a pattern of poor performance emerging? If so, there may be a competence issue.
  • have you talked to the practitioner about your concerns?
  • was it a serious departure from accepted practise for that profession?
  • does the practitioner pose a risk of serious harm to their patients?
  • has there recently been a change in the practitioner’s behaviour or ability? If so, you may want to consider the possibility of a health issue impacting on their ability to practise safely.

Duty to notify of competence concern

You are legally obliged to notify the Council in writing whenever a practitioner is dismissed from their employment for reasons related to competence. The notification is to be addressed to the Council’s Registrar in writing and include the reasons for the resignation or dismissal.

Duty to notify of a health concern

You are legally obliged to notify the Council in writing if you have reason to believe they are unable to perform the functions of their profession because of a mental or physical condition. You must include information on all the relevant circumstances that led you to that belief.

Duty to notify of a conduct concern

You  must notify us if you have concerns that they may be engaging in immoral, illegal, or unethical conduct; is neglecting their professional duty, or have been grossly negligent.

Should the Council decide that the information provided raises one or more questions about the appropriateness of the conduct or the safety of the practice of the practitioner, the Council may refer the matter to a Professional Conduct Committee (PCC) for a substantive investigation.  A PCC may, in turn, lay charges against the practitioner before the Health Practitioners Disciplinary Tribunal.