New Zealand Law Society - Health practitioner function changes in force 31 January 2018

Health practitioner function changes in force 31 January 2018

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After a busy day by the Governor-General in Council on 7 August 2017 a number of commencement orders were made for various legislative provisions relating to the functions that can be performed by health practitioners.

The provisions bring the legislation which resulted from the Health Practitioners (Replacement of Statutory References to Medical Practitioners) Bill into force. This was an omnibus Bill which amending seven statutes to increase the range of functions that can be performed by health practitioners under those statutes by changing certain references to medical practitioners to references to health practitioners

The Burial and Cremation Amendment Act 2016 will come into force on 31 January 2018 following the Burial and Cremation Amendment Act 2016 Commencement Order 2017.

The Act amends the Burial and Cremation Act 1964 by renaming a doctor's certificate as a certificate of cause of death, and by replacing references to a doctor with references to either a health practitioner, a medical practitioner, a nurse practitioner, or a combination of those terms.

The Medicines Amendment Act 2016 will come into force on 31 January 2018 following the Medicines Amendment Act 2016 Commencement Order 2017.

The Act amends the Medicines Act 1981 by permitting nurse practitioners to supervise designated prescribers who prescribe prescription medicines.

The Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 will come into force on 31 January 2017 following the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 Commencement Order 2017.

The Act amends the Mental Health (Compulsory Assessment and Treatment) Act 1992 by replacing references to medical practitioners with references to health practitioners.

The Misuse of Drugs Amendment Act 2016 will come into force on 31 January 2018 following the Misuse of Drugs Amendment Act 2016 Commencement Order 2017.

The Act amends the Misuse of Drugs Act 1975 to extend the exemption from the general prohibition on health practitioners prescribing, administering, or supplying a controlled drug to a person who the health practitioner has reason to believe is dependent on that drug or any other controlled drug. The exemption is extended to apply to nurse practitioners and designated prescriber nurses on substantially the same terms as the exemption applies to medical practitioners.

The Holidays Amendment Act (No 2) 2016 will come into force on 31 January 2018 following the Holidays Amendment Act (No 2) 2016 Commencement Order 2017.

The Act amends the Holidays Act 2003 by by replacing a reference to a medical practitioner with a reference to a health practitioner.

The Accident Compensation Amendment Act 2016 will come into force on 31 January 2018 following the Accident Compensation Amendment Act 2016 Commencement Order 2017.

The Act amends schedule 1 of the Accident Compensation Act 2001 to require that the health practitioner leading the co-ordination of the provision of treatment or rehabilitation to a claimant be given the opportunity to participate in the preparation of the claimant’s individual rehabilitation plan (rather than all medical practitioners providing treatment to the claimant).

The Children, Young Persons, and Their Families Amendment Act (No 2) 2016 will come into force on 31 January 2018 following the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 Commencement Order 2017.

The Act amends the Oranga Tamariki Act 1989 by replacing references to medical practitioners with references to health practitioners.