Policy Statement

A doctor whose registration under the HPCAA is cancelled when the Council:

• is advised that the doctor was deceased and the information is incorrect (s143(3))
• at the doctor’s own request (s144(3)), or
• if the Registrar does not receive a response to a letter sent to the doctor’s registered address asking if they wanted to remain on the register (s144(5))

must be restored to the register upon written application to Council.

The exceptions are if the applicant can not be registered in accordance with s16, or is subject to pending disciplinary proceedings under Part 4 of the Act, or an order under s101(1)(a) of the Act.

Any conditions on the doctor’s practice at the time registration was cancelled would be part of the doctor’s scope of practice until such time as the conditions were varied or cancelled by Council.

Rationale

The principal purpose of the HPCAA is to protect the health and safety of members of the public by providing for mechanisms to ensure that medical practitioners are competent and fit to practice medicine.

While the applicant has previously been deemed competent to practise medicine in New Zealand , this may no longer be the case depending on their circumstances. 

Council will therefore require details of the applicant’s clinical practice and

on-going CME since they last worked in New Zealand .

Statutory Requirements

Section 145 of the HPCAA states the applicant must be restored to the register as long as they:

• satisfy the criteria for fitness for registration in accordance with s16 of the Act; and
• are not be subject to any pending disciplinary proceedings under Part 4 of the Act; and
• are not subject to an order under s101(1)(a) of the Act.

Notes

1. This policy will also apply to
   
   
   1. doctors who held full registration under the Medical Practitioners Act 1968 and who were removed under s27(2) - failure to notify a change of address, s27(A) - non-residence in New Zealand or 31(2) - at the doctor’s own request; and
   2. doctors who held general registration under the Medical Practitioners Act 1995 and who were removed under s42(2) - failure to notify a change of address, s44 - at the doctor’s own request or s45 – non-residence in New Zealand. 
      
      
2. Doctors who were previously registered within a vocational scope on the basis of an approved Australasian post-graduate qualification will be restored to the medical register on completion of the application form (REG6) and requisite documentation, evidence that they are in good standing with the relevant branch advisory body, and confirmation that they have joined or rejoined an approved recertification programme.
   
   
3. Doctors with post-graduate qualifications from countries other than New Zealand or Australia who held specialist registration under the 1968 Act or vocational registration under the 1995 Act will be required to make a new application for registration within a vocational scope of practice.
   
   
4. Doctors who held temporary or probationary registration under either the 1968 or 1995 Act will not qualify for restoration to the register under this policy and will be required to make a new application for registration under the HPCAA registration policies.
   
   
5. Doctors who held registration within either a provisional general or provisional vocational scope under the HPCAA may apply for restoration to the register using form REG6. The application will be considered to determine what, if any, requirements must be satisfied by the applicant before an annual practising certificate is issued.
   
   
6. Doctors registered within a special purpose scope under the HPCAA will not qualify for restoration to the register because their registration was time limited and they did not satisfy all requirements for general or vocational scope and therefore must submit a new application for registration.
   
   

Process

1. The applicant will complete the application form (REG6), supply the documentation listed on the form and forward the completed application to the Council office  

2. Depending on the doctor’s individual circumstances, additional information may be obtained either from the applicant, or from another source eg branch advisory body, before an annual practising certificate is issued.

3. Provided all requirements of Section 145 of the HPCAA are satisfied, the doctor will attend a registration interview and will be restored to the medical register.

4. Any annual practising certificate issued following restoration to the register may be subject to conditions on the doctor’s scope of practice.

Updated for HPCAA:  September 2004