Conduct and competence concerns
If you work in the medical sector and have concerns about a registered doctor, you can refer the matter to the Council.
Things to consider before referring a doctor to Council
As an employer, colleague or health practitioner, you may become concerned about a doctor’s competence or conduct. Before referring the matter to the Council, it is worth considering the following:
- Have you discussed your concerns with the doctor?
- Was it a one-off incident, or is a pattern emerging? For example, has the doctor failed to prescribe properly on multiple separate occasions over the last 3 months?
- Was it a minor incident or a serious departure from accepted medical practise? If it was a departure, did the doctor have an acceptable explanation?
- Has there been a recent change in the doctor’s behaviour or ability? If so, a health issue could be affecting their performance. Information on having concerns about a practitioner’s health is available at the page below.
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Doctors get sick too, and when they do it's important that their illness doesn't interfere with their ability to practise medicine safely. A doctor must always be able to practise medicine without putting patients or the public at risk.
Referring concerns to Council
Before making a written referral, you are welcome to discuss your concerns with our Professional Standards Team. They will explain how the process works, what information is needed and what support is available to you.
It is important to know that information provided in your written referral, including your name, will be given to the doctor so they can respond. This ensures the Council is acting in accordance to the principles of natural justice and fulfilling our obligations under the Privacy Act 1993.
Providing a detailed referral, including examples of incidents, makes it easier for the doctor to reply. It also means we are better informed and able to take action if required.
If you are the employer of a doctor who has resigned or been dismissed due to competence issues, the Health Practitioners Competence Assurance Act 2003 states that you must inform Council.
Legal liability
You may choose to tell the doctor that you are considering telling the Council about your concerns. If you refer the matter to us, as long as you act in good faith and with reasonable care, you will not be legally liable for your statements.
Our statement What to do when you have concerns about a colleague contains further information that you may find useful.
What happens when we receive a referral?
You'll find detailed information on how we handle complaints in Principles for the Assessment and Management of complaints and notifications. Here is an overview of the process:
- We receive a referral
The Council can receive referrals and complaints from various sources:
- Colleagues (including doctors and all other health practitioners)
- Employers
- The Ministry of Health
- The Accident and Compensation Corporation
- Patients by way of the Health and Disability Commissioner - We request a response from the doctor
The information provided in your written referral, including your name, will be given to the doctor so they can respond. This ensures the Council is acting in accordance to the principles of natural justice and fulfilling our obligations under the Privacy Act 1993. - The referral is handled by the Complaints Triage Team (CTT).
Once the doctor's response is received, all the information is considered at the next CTT meeting. The CTT will then decide what should happen. Possible outcomes include that:
- No further action is required.
- No further action is required other than providing the doctor with further education on a specific issue.
- The matter should be referred to a full Council meeting.
- There are concerns that the doctor’s continued practise may pose an immediate risk to public health and safety. In this case, an agreement may be entered into with the doctor that sets temporary limitations on their practice. - If referred to Council, the doctor is given a futher opportunity to respond.
- The matter is referred to Council at the next available meeting
The Council will then make a decision on what should happen. Possible outcomes include that:
- No further action is required
- No further action is required other than providing the doctor with further education on a specific issue.
- The doctor is required to undergo a tailored recertification programme.
- There are concerns about the doctor’s competence to practise, so they are referred to a Performance Assessment Committee (PAC).
- There are concerns about the doctor’s professional conduct, so they are referred to a Professional Conduct Committee (PCC).
- There are concerns that the doctor’s continued practice may pose an immediate risk to public health and safety. In this case, the doctor may be suspended or conditions placed on their practice. This is usually ordered with a referral to a PAC or PCC.
For more information please refer to the following links.
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A Professional Conduct Committee (PCC) is an investigatory body appointed by the Council. Its purpose is to investigate matters and concerns referred to it by the Council about a registered doctor. Although a PCC is appointed by the Council, it is separate from the Council, and regulates its own procedures.
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The Performance Assessment Committee (PAC) is made up of two medical members and a lay member. The PAC can assess a doctor’s performance at any time.
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The Privacy Act controls how 'agencies' collect, use, disclose, store and give access to 'personal information'. The privacy Codes of Practice do the same, but they apply to specific areas - particularly health, telecommunications and credit reporting.