Legislation

• HPCA Act Overview - Parts of the Act
• General Information about the Act
• Key Definitions of the Act
• Practitioners' Obligations - "Should Do" & "Must Do"

Health Practitioners Competence Assurance Act 2003 Overview

The Psychologists Board operates under the Health Practitioners Competence Assurance Act 2003 ("the Act").  The Act was passed on 18 September 2003.  Most of the provisions of the Act came into effect on 18 September 2004.  The Act replaced the Psychologists Act 1981 which had been operating as specific legislation for the profession since January 1982.

The primary purpose of the Act is to protect the health and safety of members of the public by providing for mechanisms to ensure that health practitioners are competent and fit to practise their profession.

The Act is divided into 7 parts:

Part 1 - Preliminary and Key Provisions, includes:
- unqualified persons must not claim to be a health practitioner 
- health practitioners must not practise outside their scope of practice
- certain activities restricted to particular health practitioners

Part 2 - Registration of, and Practising Certificates for, Health Practitioners, includes:
- prescribed scopes of practice, qualifications, and experience
- registration of practitioners and authorisations of scopes of practice
- practising certificates

Part 3 - Competence, Fitness to Practice and Quality Assurance, includes:
- notification of practice below required standard of competence
- competence programmes and recertification programmes
- inability to perform required functions
- quality assurance activities

Part 4 - Complaints and Discipline, includes:
- referral of complaints and interim suspensions
- professional conduct committees (PCCs)
- Health Practitioners Discipline Tribunal (HPDT)
- Procedure and decisions of Tribunal, findings of Tribunal and recovery of costs and fines

Part 5 - Appeals

Part 6 - Structures and Administration

Part 7 - Miscellaneous Provisions, Consequential Amendments and Repeals, and Transitional Provisions

The Act can be viewed on line at HPCAAct2003

Copies of the Act can be purchased from Bennetts Government Bookshops or from Brookers (phone 0800 10 60 60).

General Information about the HPCA Act 2003

The Act has formalised scopes of practice.  Scopes of practice describe the contents of the profession. The scope of practice (text or the title of the scope of practice) is required to be endorsed on each practitioner's Practising Certificate.  Every practitioner who practises must have a current practising certificate.

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 registered as a health practitioner of that kind; and
(b) holds a current practising certificate as a health practitioner of that kind.

Health practitioners must not practise outside their authorised scope of practice.  For a copy of the Psychologists Board Gazette Notices that describe the current psychology scopes [click here]. 

Practitioners whose registration under the previous legislation (i.e. the Psychologists Act 1981) was current on 18 September 2004 were deemed to be registered under the HPCA Act 2003.

Key Definitions from the HPCA Act 2003

Health Practitioner or practitioner means a person who is, or is deemed to be, registered with an authority as a practitioner of a health profession.

Authority means a body corporate (the Psychologists Board) appointed by or under the Act that is responsible for the registration and oversight of practitioners of a particular health profession (e.g. psychologists).

Condition includes a restriction of limit.  Conditions will be endorsed on practising certificates.

Layperson means a person who is neither registered nor qualified to be registered as a health practitioner.  The Psychologists Board currently has 2 laypersons as members appointed by the Minister of Health.

Practise a profession or practise means to perform services that fall within the description of a health profession.

Prescribed qualification means a qualification for the time being prescribed (under section 12) for a scope of practice.

Required standard of competence, in relation to a health practitioner, means the standard of competence reasonably to be expected of a health practitioner practising within that health practitioner's scope of practice.

Scope of practice - means any health service that forms part of a health profession.

Registered Psychologists' Obligations - What you "Should Do" & "Must Do"

Musts:

·   A person must not use names, words, titles, initials, abbreviations or descriptions stating or implying the person is a psychologist unless the person is registered, and qualified to be registered, as a psychologist.

·   A person must not claim to be practising psychology or state or do anything that is calculated to suggest that the person practises psychology unless they are registered and hold a current practising certificate.

·   Psychologists must hold a current practising certificate if working as a psychologist in New Zealand.

·   Psychologists must observe conditions on their scope of practice.

·   Psychologists must apply for a practising certificate using the correct form accompanied by the set fee.

·   Psychologists must surrender their practising certificate within 14 days if requested to do so by the Board for the purpose of endorsement, registration suspension or removal from the register.

·   Employers must immediately notify the Board when a psychologist employee resigns or is dismissed from employment for reasons relating to competence.

·   Psychologists must make clinical records available for a competence review or competence programme or recertification programme.

·   Psychologists, employers of psychologists and persons in charge of an organisation providing health services must promptly notify the Board in writing of any psychologist they believe is unable to perform functions required for the practice of psychology because of some mental or physical condition.

·   Psychologists must ensure the Board has their current postal address, residential address and current work address.

·   Psychologists must give the Board registrar written notice of any change of name (i.e. deed poll, marriage).

Shoulds

·     Psychologists should notify the Board of any person falsely claiming they are a psychologist (of any kind) if that person is not registered.

·      Psychologists should notify the Board of any psychologist knowingly practising without a current practising certificate.

·      Psychologists should pay any outstanding fines or costs payable to the Board before applying for a practising certificate.

·     Psychologists should complete the requirements of any competence programme or recertification programme ordered by the Board.

·     Psychologists should maintain the required standard of competence and keep up to date with the practice of psychology, e.g. continuing professional development.

If a psychologist has reason to believe that another psychologist may pose a risk of harm to the public by practising below the required standard of competence, they should notify the Board in writing of the reasons on which that belief is based.