The Health Practitioner Competence Assurance Act 2003

1

• The Health Practitioner Competence Assurance Act
  2003
• Implications for the Occupational Therapy Board
  of NZ
• and Occupational Therapists

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What is the Occupational Therapy Board of NZ?

• The Board is a legislated authority
• Legislation Health Practitioners Competence
  Assurance Act 2003 (HPCAA)
• Purpose To protect the health and safety of
  members of the public by providing mechanisms to
  ensure that occupational therapists are competent
  and fit to practise their profession
• Please note that the OT Board and NZAOT are two
  separate organisations with very different
  functions.

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Why must I register as an Occupational Therapist?

• Law
• You must be registered in order to practise as an
  OT
• You must hold a current practising certificate in
  order to practise
• You must practise within your scope of practice
• You must practise in accordance with any
  conditions on your practising certificate
• You must practise in accordance with the Boards
  Code of Ethics for Occupational Therapists

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Functions of the Occupational Therapy Board of NZ

• Functions prescribed under section 118 of the
  HPCAA
• Prescribe scopes of practice
• Prescribe qualifications and monitor
  institutions, courses and programmes
• Register occupational therapists
• Maintain public register of occupational
  therapists
• Review and promote the competence of occupational
  therapists
• Ensure standards of competence and issue
  practising certificates
• Receive and act on complaints
• Set standards of cultural and clinical competence
• Set standards of ethical conduct
• Promote public awareness of our responsibilities
• Promote education and training in the profession
• Plus all powers, duties and functions required to
  implement the HPCAA and other relevant
  legislation

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New Registration Requirements under HPCAA

• The Board must be satisfied that registered
  practitioners meet the criteria for
• Fitness for registration requirements (section
  16)
• Prescribed qualifications (section 12)
• Competence to practise in specified scope of
  practice

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Fitness to Practise

• Applicants must satisfy the Board that they meet
  the criteria for
• Communication
• English language ability
• Convictions
• Mental and physical fitness
• Professional disciplinary status
• Not under investigation
• Not subject to orders of a disciplinary tribunal
• Not likely to endanger the safety of the public

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Qualifications

• New Zealand
• The person must hold a minimum of a bachelors
  degree from an accredited educational
  institution
• Bachelor of Occupational Therapy from Otago
  Polytechnic or
• Bachelor of Health Science (Occupational Therapy)
  from AUT
• If you are already registered with other
  qualifications, you are deemed registered under
  HPCAA
• Overseas Qualified
• The Board assesses comparability of
  qualifications and experience, and may require
  that applicants sit the Boards Registration
  Competence Examination.

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Changes Under HPCAA

• Defining scopes of practice for the profession
• Ensuring competence to practise in the scope of
  practice
• Review and promote competence of OTs
• Peers and other professionals able to notify
  concerns
• HDC required to notify concerns
• Employers must notify in some circumstances
• Notification must be in writing
• Emphasis must be on public safety
• Act in good faith, no civil or disciplinary
  proceedings
• Establishment of independent Disciplinary
  Tribunal for all Health Professions

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Recertification

• Renewal of your practising certificate is NOT
  automatic
• You must satisfy the Board that you are competent
  in your scope of practice
• You must participate in the Boards Continued
  Competence Framework
• You must comply with any conditions on your
  practising certificate
• You must be prepared to be audited at least once
  every five years

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Practising Certificate Recertification Process

• Ongoing process of working in accordance with the
  continued competence framework for
  recertification
• Receive invoice with three options
• 1. Apply for a current practising certificate
• 2. Request to remain on the Register as a
  non-practising OT
• 3. Request that your name be removed from the
  Register

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Applying for a Practising Certificate

• The Board is developing a completely electronic
  process
• However, 2005/06 will still require a signed form
• Application fee 400
• No bulk payments will be accepted from employers
• Practising certificates will be plastic cards
  with ID photos

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What OTs need to do

• Before the practising certificate applications
  are sent out you will be required to
• Log-on to the website and enter all your personal
  details and information required by the Board to
  operate under HPCAA
• Ensure you have entered your self assessment plan
  and objectives and arranged for supervisors
• If the required information has not been
  provided, your application for a new practising
  certificate will NOT BE ABLE TO BE PROCESSED.
• If you have absolutely NO ACCESS to the web,
  please contact the Board

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Non Practising OTs

• You may now choose to remain on the register as a
  non-practising OT
• The fee for maintaining your registration as
  non-practising is 80 per annum
• You will continue to have access to your log-on
  site on the website to record your CCF activities
  and employment details
• You will receive Board newsletters and update
  emails
• Your name will appear on the public Register
• You may apply for a practising certificate at any
  time

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Requesting removal of your name from the Register

• Your name will no longer appear on the public
  Register
• You may reapply for registration at any time. The
  application fee will be the same as that of a new
  graduate
• Your application will be individually assessed
  for return to practice competence requirements.
• You will apply for a current practising
  certificate in the usual way.

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Competence Assessments

• Are NOT Competence Reviews
• Carried out by Board appointed assessors
• There will be an application form and fee for a
  competence assessment for a scope of practice
  120

16
Competence Reviews

• Indicators
• Written notification of concerns
• Recertification audit reveals competence concerns
• HDC refers a practitioner to the Board

17
Competence Review Process

• Therapist notified and given opportunity to
  respond
• Board consideration and determination of best
  process (competence/impairment/discipline)
• Appoints Competence Review panel
• Therapist agrees to panel
• Appoints Impairment panel (if relevant)
• Therapist agrees to panel
• Panel works with therapist to identify concerns
• Panel recommends action to Board, therapist makes
  submissions
• Board considers recommendations and determines
  risk of harm. Invites response from therapist
• Board determines action and notifies where
  relevant
• Follow-up audit to satisfy the Board that
  concerns have been addressed

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Competence Programmes

• Determined on a case-by-case basis for addressing
  competence needs in various circumstances
• The cost of competence programmes must be met by
  the therapist and/or his or her employer.

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Professional Responsibilities of a Registered OT

• Commitment to principles and practise of
  continued competence
• Commitment to practise in accordance with the
  Code of Ethics
• Commitment to upholding the standards and
  reputation of the profession
• Ensure your practising certificate is current
• Ensure the Board is informed of any personal
  contact detail changes
• You must notify the Board if you have a criminal
  conviction recorded against your name

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Professional Responsibilities cont.

• You must notify the Board if you have reason to
  believe that another health professional is
  unable to practise safely because of a mental or
  physical condition
• You may notify the Board if you are aware that
  another health professionals practice may pose a
  risk of harm
• An employer must notify the Board if an OT
  resigns or is dismissed where there are, or have
  been, concerns about competence

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When to notify the Board

• One serious event, significant departure from
  accepted standards
• Pattern of conduct over a period of time
• Criminal offending
• Professional isolation with declining standards
• Recognised poor performance where local
  intervention has failed

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Risk of Harm

• In deciding whether the therapists practice may
  pose a risk of harm to the public the Board will
  consider
• The indicator that brought the therapist to the
  Boards attention
• 2. Whether the Board has adequate information to
  conclude that there are reasonable grounds for
  its belief
• 3. The context and circumstances of the
  therapist and his or her practice

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Notification requirements

• Under HPCAA the Board must report to
• (1) The ACC
• (2) the DG of Health
• (3) the Commissioner
• (4) the therapists employer or associate
• if there is reason to believe that the
  therapists practice may pose a risk of harm to
  the public
• Must be written notice setting out circumstances
  giving rise to the belief

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Going Overseas?

• Maintain your registration without a practising
  certificate
• Update your contact details on the website
• Continue to update your continued competence plan
  and record on the website and keep your files up
  to date
• Continue to update your employment record on the
  website
• Request work references from each employer
• Contact the Board to apply for a new practising
  certificate when you return to NZ

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OT BOARD Contact Details

• www.otboard.org.nz
• enquiries_at_otboard.org.nz
• Telephone [phone]
• PO Box 10-202
• Wellington