Medical Council and PHO memorandum of understanding
The Medical Council of New Zealand and PHOs nationally have a Memorandum of Understanding (MoU) that clarifies roles and responsibilities related to the regulation of doctors in New Zealand.
The Medical Council of New Zealand and PHOs nationally have a Memorandum of Understanding (MOU) that clarifies roles and responsibilities related to the regulation of doctors in New Zealand.
The MOU lays out the responsibility of the PHO to inform the NZMC of any concerns about the competence, conduct and/or health of doctors, and the ways that the NZMC share information they hold.
The primary point of operational contact between the Council and the PHO is through a nominated officer who will receive and share information within the PHO and with practices. The MHN/Pinnacle nominated officer is the MHN medical director.
This page summarises the MOU. The full document is available for download at the bottom of this page.
Practicing certificates
The Council is responsible for reminding doctors of expiry dates and for processing applications for renewal.
Practices must ensure
- appropriate recruitment processes for doctors including referee and police vetting checks
- appropriate orientation, induction and supervision for doctors on a provisional scope of practice, consistent with the Council's standards
- a system is in place to receive information from the Council
- credential the doctor on appointment and then at specified intervals consistent with national guidelines
- all doctors in the practice have a current practicing certificate, are meeting any conditions on their practicing certificate or scope of practice and are meeting their recertification requirements.
The Council updates the PHO on doctors that have not renewed their practicing certificate every quarter. The PHO forwards this information to the doctor concerned and to the principal of the medical practice where they work. Doctors with expired certificates must cease work immediately.
The Council sends a report to the PHO listing doctors contracted to the PHO who have conditions on their practice, detailing what those conditions are. The PHO forwards this information to the practice concerned.
Competence and conduct
The PHO (and practices via the PHOs nominated officer) must promptly notify Council of:
- concerns about competence or conduct not able to be dealt with within the PHO or the practice
- concerns if a doctor has left a PHO or the practice because of competence or conduct concerns.
Where the PHO or a practice notifies the Council of any competence or conduct concerns the Council communicates directly with both the PHO and individual practice.
Where there is serious risk of harm, Council considers conditions and interim suspension (and includes these on the public register).
The PHO and relevant medical practice must take reasonable steps to ensure patients are not at risk while competence/conduct concerns are being assessed by Council.
Under the HPCAA, whenever a doctor resigns or is dismissed from employment or a partnership for reasons relating to competence, the employer of that doctor must notify the Council's Registrar.
Where a doctor fails to meet required standards, Council develops objectives for educational or recertification programmes and liaises with the PHO or practice. The practice assists Council with supervision and appropriate resources, including leave to allow for further retraining.
Where a PHO monitors prescribing patterns of doctors in practices, the PHO will notify Council in cases where the prescribing may raise questions of risk of serious harm to the public. The PHO notifies the practice of their intention to notify Council.
Where there are other measures of quality of care, such as note taking or informed consent, significant outliers will be discussed with the practice(s) concerned and where appropriate notified to Council.
Health
All registered health practitioners including doctors (and those that employ doctors) have a duty to report to the Council if there is reason to believe a doctor is not fit to practice if, because of a mental or physical condition, he or she is not able to perform the functions required for the practice of medicine.
This Council ensures assessments are completed and follow up action agreed via the PHO.
The PHO nominated officer (the Pinnacle MHN medical director) is the key contact for the Council for sharing information relating to health concerns.
For more information
Clinical Director